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SECTION 1. SHORT TITLE. This Act may be cited as the ``No Funding for Sanctuary Campuses Act''. SEC. 2. TREATMENT OF SANCTUARY CAMPUSES. (a) In General.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following: ``SEC. 493E. TREATMENT OF SANCTUARY CAMPUSES. ``(a) Definition.-- ``(1) In general.--For purposes of this section, the term `sanctuary campus' means any institution of higher education (as defined in section 102) that-- ``(A) has in effect an ordinance, policy, or practice that prohibits or restricts any institutional entity, official, or personnel from-- ``(i) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; ``(ii) complying with a request lawfully made by the Secretary of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 or 1357) to comply with a detainer for, or notify about the release of, an individual; or ``(iii) otherwise complying with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); ``(B) brings in, or harbors, an alien in violation of section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)); ``(C) renders an alien who lacks a lawful immigration status in the United States eligible for any postsecondary education benefit provided on the basis of residence within a State (or a political subdivision of a State) to the same extent as a citizen or national of the United States is eligible for such benefit; or ``(D) has in effect a policy or practice that either prohibits, or in effect prevents, the Secretary of Homeland Security from gaining access to campuses or access to students (who are 17 years of age or older) on campuses, for purposes of Department of Homeland Security recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer. ``(2) Exceptions.--An institution of higher education shall not be considered a sanctuary campus for purposes of this section based solely on the institution having a policy under which its officials, with respect to an individual who comes forward as a victim or a witness to a criminal offense, will not-- ``(A) send, receive, maintain, or exchange with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of the individual; or ``(B) comply with a request made by the Secretary of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 or 1357) to comply with a detainer for, or notify about the release of, the individual. ``(b) Determination by Secretary of Homeland Security.--Whenever the Secretary of Homeland Security makes a determination that an institution of higher education is a sanctuary campus, the Secretary-- ``(1) shall transmit a notice of the determination to the Secretary of Education; and ``(2) shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the institution for funding under this title. ``(c) Effect of Determination.--An institution determined under subsection (b) to be a sanctuary campus is ineligible to receive funds under this title. ``(d) Sense of Congress.--It is the sense of the Congress that providing the public benefit of in-State tuition to an alien who lacks lawful immigration status in the United States creates an incentive for illegal immigration and encourages and induces aliens to come to, enter, or reside in the United States, as described in section 274(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(iv)).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act.
No Funding for Sanctuary Campuses Act This bill amends title IV (Student Aid) of the Higher Education Act of 1965 to make an institution of higher education (IHE) that is a sanctuary campus ineligible for funds under title IV. It defines the term "sanctuary campus." The Department of Homeland Security must transmit to the Department of Education and publish in the Federal Register notice of a determination that an IHE is a sanctuary campus. The bill expresses the sense of Congress that providing in-state tuition to an alien who lacks lawful immigration status in the United States creates an incentive for illegal immigration and encourages and induces aliens to come to, enter, or reside in the United States.
No Funding for Sanctuary Campuses Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Bailout Protection Act of 2011''. SEC. 2. TAXPAYER PROTECTION AT THE FHA. (a) Mutual Mortgage Insurance Fund.--Section 205 of the National Housing Act (12 U.S.C. 1711) is amended by adding at the end the following: ``(g) Taxpayer Protection.-- ``(1) In general.--In order to protect the taxpayers of the United States from financial responsibility for any obligations of the Mutual Mortgage Insurance Fund (referred to in this subsection as the `Fund'), the Secretary shall take all available actions and use all available methods authorized under law to ensure that, not later than 2 years after the date of enactment of this subsection, the Fund attains the capital ratio required under subsection (f)(2) and to ensure that the Fund maintains a capital ratio that is not less than the capital ratio required under subsection (f)(2) thereafter, including-- ``(A) the authority to increase insurance premiums charged under this title for mortgages that are obligations of the Fund; ``(B) the authority to establish more stringent underwriting standards for mortgages described in subparagraph (A); and ``(C) the authority to increase the amount of cash or its equivalent required to be paid on account of the property subject to a mortgage described in subparagraph (A). ``(2) Use of authority to prevent bailout of fund.--The Secretary shall take the actions required under paragraph (3), if-- ``(A) the Fund fails to-- ``(i) attain a capital ratio of 2 percent on the date described in paragraph (1); or ``(ii) maintain such capital ratio after the date described in paragraph (1); or ``(B) the expected claims rate of the Fund as set forth in the quarterly independent actuarial study required under section 202(a)(4) is 10.0 or higher. ``(3) Required actions.--The actions required under this paragraph are-- ``(A) increasing the annual insurance premiums for mortgages that are obligations of the Fund to the maximum extent otherwise permitted under law, until the date on which the Fund achieves a capital ratio of 2 percent; and ``(B) until the date on which the Fund achieves a capital ratio of 2 percent, charging an additional risk-based annual insurance premium for mortgages that are obligations of the Fund having a loan-to-value ratio that is 95 percent or greater, in an amount that is-- ``(i) proportionate to the risk the mortgages pose to the Fund; and ``(ii) consistent with the amount of insurance premiums charged by the private sector with respect to similar mortgages.''. (b) Indemnification by Mortgagees.--Section 202 of the National Housing Act (12 U.S.C. 1708) is amended by adding at the end the following: ``(i) Indemnification by Mortgagees.-- ``(1) In general.--If the Secretary determines that a mortgage executed by a mortgagee approved by the Secretary under the direct endorsement program or insured by a mortgagee pursuant to the delegation of authority under section 256 was not originated or underwritten in accordance with the requirements established by the Secretary, and the Secretary pays an insurance claim with respect to the mortgage within a reasonable period specified by the Secretary, the Secretary shall require the mortgagee approved by the Secretary under the direct endorsement program or the mortgagee delegated authority under section 256 to indemnify the Secretary for the loss. ``(2) Fraud or misrepresentation.--If fraud or misrepresentation was involved in connection with the origination or underwriting, the Secretary shall require the mortgagee approved by the Secretary under the direct endorsement program or the mortgagee delegated authority under section 256 to indemnify the Secretary for the loss regardless of when an insurance claim is paid. ``(3) Requirements and procedures.--The Secretary shall issue regulations establishing appropriate requirements and procedures governing the indemnification of the Secretary by the mortgagee, including public reporting on-- ``(A) the number of loans that-- ``(i) were not originated or underwritten in accordance with the requirements established by the Secretary; and ``(ii) involved fraud or misrepresentation in connection with the origination or underwriting; and ``(B) the financial impact on the Mutual Mortgage Insurance Fund when indemnification is required.''. (c) Early Term Delinquencies.--Section 202(a) of the National Housing Act (12 U.S.C. 1708(a)) is amended by adding at the end the following: ``(8) Indemnification.--The Secretary shall take any actions required to seek indemnification for any early term delinquency on a mortgage which-- ``(A) is an obligation of the Mutual Mortgage Insurance Fund; and ``(B) at the time of origination of the mortgage was not in compliance with any provision, regulation, or other guideline established or promulgated pursuant to this title. ``(9) Programmatic review of delinquencies.--The Secretary shall establish and maintain a program-- ``(A) to review the cause of each early term delinquency on a mortgage described under paragraph (8); ``(B) to require indemnification of any such early term delinquency that did not meet the guidelines and requirements set forth pursuant to this section prior to origination; and ``(C) to publicly report-- ``(i) the results of all early term delinquencies reviewed under subparagraph (A); and ``(ii) if indemnification is required under subparagraph (B), the financial impact on the Mutual Mortgage Insurance Fund of the indemnification. ``(10) Definition of early term delinquency.--For purposes of this section, the term `early term delinquency' means any loan that becomes delinquent or that is in default within 24 months of the origination of such loan.''. SEC. 3. ANNUAL ACTUARIAL STUDY AND QUARTERLY REPORTS ON MUTUAL MORTGAGE INSURANCE FUND. Section 202(a)(4) of the National Housing Act (12 U.S.C. 1708(a)(4)) is amended-- (1) in the heading, by striking ``annual'' and inserting ``quarterly''; (2) in the first sentence, by striking ``annually'' and inserting ``quarterly''; (3) in the second sentence, by striking ``such studies'' and inserting ``each study conducted under the preceding sentence during the preceding year''; and (4) by adding at the end the following: ``Each report shall include a calculation of the claims rate for the Fund for each of the 3 preceding quarters and the expected claims rate for the Fund for each of the 3 subsequent quarters.''. SEC. 4. PROHIBITION ON TAXPAYER BAILOUT OF FHA. Section 505(c) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d(c)) is amended-- (1) by striking ``The Secretary of the Treasury shall borrow'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Secretary of the Treasury shall borrow''; and (2) by adding at the end the following: ``(2) Exception.--The Secretary of the Treasury may not enter into a transaction under this subsection with the Mutual Mortgage Insurance Fund established under section 202 of the National Housing Act (12 U.S.C. 1708).''.
FHA Bailout Protection Act of 2011 - Amends the National Housing Act (NHA) to direct the Secretary of Housing and Urban Development (HUD) to take action to ensure that the Mutual Mortgage Insurance Fund attains and maintains a capital ratio of at least 2%. Includes among such actions: (1) increasing mortgage insurance premiums, (2) establishing more stringent underwriting standards, and (3) increasing the amount of cash (or its equivalent) required to be paid on account of the property subject to a mortgage. Directs the Secretary to raise annual insurance premiums and charge an additional risk-based annual insurance premium if: (1) the Fund fails to attain a capital ratio of 2% by a specified date or maintain it, or (2) the Fund's expected claims rate as set forth in the quarterly independent actuarial study is 10.0 or higher. Directs the Secretary to require a mortgagee to indemnify HUD for losses resulting from payment of an insurance claim with respect to a mortgage: (1) executed under the direct endorsement program or insured by the mortgagee pursuant to a delegation of authority, but (2) not originated or underwritten in accordance with HUD requirements. Requires indemnification also in the event that fraud or misrepresentation was involved in an origination or underwriting. Directs the Secretary of HUD to take any actions required to seek indemnification for any early term delinquency on a mortgage which: (1) is an obligation of the Mutual Mortgage Insurance Fund; and (2) at the time of origination was not in compliance with NHA requirements. Directs the Secretary of HUD to establish a program to review the cause of each early term delinquency on such a mortgage. Converts from annual to quarterly the frequency of an independent actuarial study of the Mutual Mortgage Insurance Fund. Amends the Federal Credit Reform Act of 1990 to prohibit the Secretary of the Treasury from entering into specified transactions with the Mutual Mortgage Insurance Fund.
A bill to prohibit the Secretary of the Treasury from providing extra support to the Federal Housing Administration.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Oil Spill Compensation Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.)-- (A) was passed directly in response to the Exxon Valdez oil spill; (B) establishes strict liability for parties responsible for the discharge of oil into navigable waters, shorelines, or the exclusive economic zone; (C) establishes liability for damages, including damages related to all cleanup and removal costs, natural resources, real or personal property, subsistence use of natural resources, government revenues, diminished profit and earning capacity, and increased public services; and (D) limits the liability of responsible parties for damages beyond removal costs by vessel and facility type; (2) the annual report of the Coast Guard on liability limits under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) for fiscal year 2009 indicates that 51 vessel oil spills since the date of enactment of that Act caused damages that exceeded the liability limits for the applicable class of vessel; (3) in the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109-241; 120 Stat. 516), Congress increased the liability limits under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) for single- and double-hulled vessels and gave the Coast Guard the ability to further adjust those limits for inflation; (4) the Internal Revenue Service estimated the balance of the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 to be $1,700,000,000 at the end of fiscal year 2009, pending resolution of outstanding claims against the Fund; (5)(A) the cleanup of the oil spill resulting from the grounding of the Exxon Valdez on Bligh Reef in Prince William Sound on March 24, 1989, was declared complete in 1992 by the Coast Guard and the State of Alaska and cost Exxon $2,000,000,000; (B) in a settlement approved by a United States district court on October 9, 1991, Exxon paid the State of Alaska and the Federal Government the equivalent of $900,000,000 (made in annual payment over 10 years) to settle the civil claims associated with the Exxon Valdez oil spill, of which a portion was made for reimbursement for cleanup costs; (C) under a separate settlement of Federal criminal charges, Exxon also paid $25,000,000 in fines and $100,000,000, divided equally between the United States and Alaska, as restitution for criminal conduct by Exxon; (D) in a case consolidated into the case styled Exxon Shipping Co. v. Baker (128 S. Ct. 2605 (2008)), a jury awarded $287,000,000 for damages to private parties and an additional $5,000,000,000 in punitive damages; and (E) after nearly 2 decades of appeals, on June 25, 2008, the Supreme Court issued a judgment limiting punitive damages to compensatory damages, calculated at $507,500,000, a reduction to essentially 10 percent of the initial jury award; (6) as of June 16, 2010, a scientific team under the direction of Secretary of Energy Steven Chu, Secretary of the Interior Ken Salazar, and the Chair of the National Incident Command's Flow Rate Technical Group, Dr. Marcia McNutt (Director of the United States Geological Survey), announced an estimated flow rate of between 35,000 and 60,000 barrels per day of hydrocarbons into the Gulf of Mexico from the Macondo Prospect well, known as MC 252, resulting from the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment; (7) that estimate greatly exceeds the estimated 10,800,000 gallons (250,000 barrels) spilled by the grounding of the Exxon Valdez on Bligh Reef in Prince William Sound on March 24, 1989, and is now the largest known oil spill in United States waters; (8) the Gulf Coast region produced 1,273,424,000 pounds of seafood in 2008 worth $697,591,000 to the fishermen in the Gulf of Mexico, which is the second most productive fishing region in the United States, boasting 4 of the top-10 commercial fishing ports of the United States in Empire-Venice, Intracoastal City, and Cameron, Louisiana, and Pascagoula-Moss Point, Mississippi; (9) recreational fisheries are important to the Gulf Coast economy, with (according to the National Marine Fisheries Service) 3,200,000 individuals taking 25,000,000 recreational fishing trips in the Gulf region in 2008 in which 194,000,000 fish were landed; (10) as of June 7, 2010, the National Oceanic and Atmospheric Administration closed 78,264 square miles of the Gulf of Mexico to fishing, an area equivalent to 32.3 percent of the total exclusive economic zone of the Gulf; and (11) commercial sectors employing a wide spectrum of the Gulf Coast population (including residents involved in tourism, oil and gas exploration, and a host of support and service industries) are experiencing a severe economic disruption due to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment. SEC. 3. OIL SPILL RECOVERY FUND. (a) In General.--The Outer Continental Shelf Lands Act is amended by inserting after section 8 (43 U.S.C. 1337) the following: ``SEC. 8A. OIL SPILL RECOVERY FUND. ``(a) Definition of Fund.--In this section, the term `Fund' means the Oil Spill Recovery Fund established under subsection (c). ``(b) Coverage of Outstanding Incident Liability.-- ``(1) In general.--No person shall be eligible to enter into any Federal oil or gas lease or contract after the date of enactment of this section unless the person pays into the Fund, or posts a bond, in an amount equal to the difference between, as determined by the Secretary as of the date of the application for the lease or contract-- ``(A) the total of the outstanding liability of the person under section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702) (without regard to any liability limit under section 1004 of that Act (33 U.S.C. 2704)) and any removal costs incurred by, or on behalf of, the person, with respect to any incident occurring before, on, or after the date of enactment of this section for which the person has outstanding liability; and ``(B) the outstanding balance in the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986, that is attributable to the person. ``(2) No effect on other liability.--Payment into the Fund or posting of a bond in accordance with paragraph (1) does not, with respect to the applicable incident-- ``(A) limit any civil or criminal liability of the person; or ``(B) determine or affect an appropriate level of claims or damages. ``(c) Establishment of Fund.--There is established in the Treasury of the United States a fund to be known as the `Oil Spill Recovery Fund' to be administered by the Secretary, to be available without fiscal year limitation and without being subject to appropriation, for payment of covered removal costs and damages described in section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702) associated with any incident. ``(d) Transfers to Fund.-- ``(1) In general.--The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (2). ``(2) Fees.--There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to amounts collected as fees and received in the Treasury under subsection (b)(1). ``(e) Repayment.-- ``(1) In general.--In the case of any person who has paid into the Fund under subsection (b), on the date described in paragraph (2), the Secretary shall transfer to the person an amount equal to-- ``(A) the amount of unexpended funds of the person in the Fund; plus ``(B) any accumulated interest on those funds. ``(2) Date.--The date on which amounts described under paragraph (1) shall be repaid is the earlier of-- ``(A) 5 years after the date on which the amounts were paid into the Fund; and ``(B) the date on which the Secretary makes a formal determination that all Federal and State natural resource damage assessments and all outstanding civil claims relating to the incident for which the amounts were paid have been satisfied. ``(f) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (c). ``(g) Quarterly Reports.-- ``(1) In general.--Not later than 4 times during of each fiscal year beginning with fiscal year 2010, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. ``(2) Contents.--Each report shall include, for the fiscal year covered by the report, the following: ``(A) A statement of the amounts deposited into the Fund. ``(B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. ``(C) Recommendations for additional authorities to fulfill the purpose of the Fund. ``(D) A statement of the balance remaining in the Fund at the end of the fiscal year. ``(E) A statement of amount of outstanding liability determined under subsection (b) as compared to the balance remaining in the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 at the end of the fiscal year.''. (b) Separate Appropriations Account.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating paragraphs (35) and (36) as paragraphs (36) and (37), respectively; (2) by redesignating the second paragraph (33) (relating to obligational authority and outlays requested for homeland security) as paragraph (35); and (3) by adding at the end the following: ``(38) a separate statement for the Oil Spill Recovery Fund established under section 8A(c) of the Outer Continental Shelf Lands Act, which shall include the estimated amount of deposits into the Fund, obligations, and outlays from the Fund.''.
Guaranteed Oil Spill Compensation Act of 2010 - Amends the Outer Continental Shelf Lands Act to establish the Oil Spill Recovery Fund for payment of covered removal costs and damages described in the Oil Pollution Act of 1990 that are associated with a discharge, or substantial threat of discharge, of oil. Prohibits any person from entering into a federal oil or gas lease or contract after enactment of this Act unless the person pays into the Fund, or posts a bond, in an amount equal to the difference between: (1) the total of the outstanding liability of the person under the Oil Pollution Act of 1990 and any removal costs incurred by or on behalf of the person, with respect to any incident for which the person has outstanding liability; and (2) the outstanding balance in the Oil Spill Liability Trust Fund that is attributable to the person. Requires repayment of unexpended funds (plus interest) upon the earlier of either five years after amounts were paid by the person into the Fund or the date on which the Secretary determines that all federal and state natural resource damage assessments and all outstanding civil claims relating to the incident for which the amounts were paid have been satisfied. Establishes as a separate item, for purposes of the President's budget submission, a statement that includes the estimated amount of Fund deposits, obligations, and outlays.
A bill to amend the Outer Continental Shelf Lands Act to prohibit a person from entering into any Federal oil or gas lease or contract unless the person pays into an Oil Spill Recovery Fund, or posts a bond, in an amount equal to the total of the outstanding liability of the person and any removal costs incurred by, or on behalf of, the person with respect to any oil discharge for which the person has outstanding liability, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Child Care Loan Forgiveness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) New scientific research shows that the electrical activity of brain cells actually changes the physical structure of the brain, and that without a stimulating environment, a baby's brain suffers. (2) 12,000,000 children under age 6, and 17,000,000 school- aged children of working parents, need child care. Demand for child care is growing as more mothers enter the workforce. (3) Good quality child care, in a safe environment, with trained, caring providers who offer stimulating activities appropriate to the child's age, help children grow and thrive. Recent research shows that most child care needs significant improvement. (4) Good quality child care depends largely on the provider. Yet providers of child care earn on average only $6.70 per hour or $11,725 per year. Such earnings cause high turnover, which affects the overall quality of a child care program and causes anxiety for children. (5) Children attending lower-quality child care facilities and child care facilities with high staff turnover are less competent in language and social development. (6) Low-income and high-income children are more likely than middle-income children to attend child care facilities providing high quality child care. (7) The quality of child care is primarily related to high staff-to-child ratios, staff education, and administrators' prior experience. In addition, certain characteristics distinguish poor, mediocre, and good-quality child care facilities, the most important of which are teacher wages, education, and specialized training. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to bring more highly trained individuals into the early child care profession; and (2) to keep more highly trained child care providers in the early child care field for longer periods of time. SEC. 4. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS. Part B of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 428J of such Act (20 U.S.C. 1078- 10) the following: ``SEC. 428I. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS. ``(a) Definitions.--In this section: ``(1) Child care facility.--The term `child care facility' means a facility that-- ``(A) provides child care services; and ``(B) meets applicable State or local government licensing, certification, approval, or registration requirements, if any. ``(2) Child care services.--The term `child care services' means activities and services provided for the education and care of children from birth through age 5 by an individual who has a degree in early childhood education. ``(3) Degree.--The term `degree' means an associate's or bachelor's degree awarded by an institution of higher education. ``(4) Early childhood education.--The term `early childhood education' means education in the areas of early child education, child care, or any other educational area related to child care that the Secretary determines appropriate. ``(5) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 1201. ``(b) Demonstration Program.-- ``(1) In general.--The Secretary may carry out a demonstration program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured or guaranteed under this part or part D (excluding loans made under sections 428B and 428C) for any new borrower after October 1, 1994, who completes a degree in early childhood education and obtains full-time employment in a child care facility. ``(2) Award basis; priority.-- ``(A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first- come, first-served basis and subject to the availability of appropriations. ``(B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(c) Loan Repayment.-- ``(1) In general.--The Secretary shall assume the obligation to repay 15 percent of the total amount of all loans made after October 1, 1994, to a student under this part or part D for each complete year of employment described in subsection (b)(1). ``(2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Special rule.--In the case where a student borrower who is not participating in loan repayment pursuant to this section returns to an institution of higher education after graduation from an institution of higher education for the purpose of obtaining a degree in early childhood education, the Secretary is authorized to assume the obligation to repay the total amount of loans made under this part or part D incurred for a maximum of two academic years in returning to an institution of higher education for the purpose of obtaining a degree in early childhood education. Such loans shall only be repaid for borrowers who qualify for loan repayment pursuant to the provisions of this section, and shall be repaid in accordance with the provisions of paragraph (1). ``(5) Ineligibility of national service award recipients.-- No student borrower may, for the same volunteer service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to the repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the demonstration program assisted under this section on the field of early childhood education. ``(2) Competitive basis.--The grant or contract described in subsection (a) shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall-- ``(A) determine the number of individuals who were encouraged by the demonstration program assisted under this section to pursue early childhood education; ``(B) determine the number of individuals who remain employed in a child care facility as a result of participation in the program; ``(C) identify the barriers to the effectiveness of the program; ``(D) assess the cost-effectiveness of the program in improving the quality of-- ``(i) early childhood education; and ``(ii) child care services; ``(E) identify the reasons why participants in the program have chosen to take part in the program; ``(F) identify the number of individuals participating in the program who received an associate's degree and the number of such individuals who received a bachelor's degree; and ``(G) identify the number of years each individual participates in the program. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by January 1, 2002. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 1998, and such sums as may be necessary for each of the 4 succeeding fiscal years.''. SEC. 5. LOAN CANCELLATION. Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and (B) by inserting after subparagraph (F), the following: ``(G) as a full-time child care provider or educator-- ``(i) in a child care facility operated by an entity that meets the applicable State or local government licensing, certification, approval, or registration requirements, if any; and ``(ii) who has a degree in early childhood education;''; and (2) in paragraph (3)(A)-- (A) in clause (i), by striking ``(G), (H), or (I)'' and inserting ``(H), (I), or (J)''; and (B) in clause (ii), by inserting ``or (G)'' after ``subparagraph (B)''.
Quality Child Care Loan Forgiveness Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a demonstration program of student loan forgiveness for individuals who earn a degree in early childhood education and obtain full-time employment in the early child care profession. Requires cancellation of 15 percent of a student loan for each complete year of full-time employment in a child care facility by such a child care provider or educator.
Quality Child Care Loan Forgiveness Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Chlorine Zero Discharge Act of 1993''. SEC. 2. ZERO DISCHARGE OF TOXIC PERSISTENT AND BIOACCUMULATIVE SUBSTANCES. (a) Findings.--The Congress finds that-- (1) substances that persist and/or bioaccumulate in the environment, build to higher and higher concentration over time, reaching their greatest levels in the tissues of species high on the food chain, including humans; (2) toxic substances that persist and/or bioaccumulate in the environment are biologically active in infinitesimal quantities, causing reproductive failure, birth defects, developmental impairment, hormonal disruption, behavioral disorders, immune suppression, and cancer at low doses, and mixtures of these substances may cause these effects at even lower doses; (3) regulatory approaches that permit even limited production and discharge of toxic substances that persist and/ or bioaccumulate result in the accumulation of these substances in the environment and food chain over time and subsequent damage to the health of humans and other species; (4) the most favored method of preventing the continued contamination of the environment from persistent or bioaccumulative toxic substances is to phaseout their production and/or use over time and replace these substances or the processes that produce them, or both, with safer alternatives; (5) among the persistent and/or bioaccumulative toxic substances of greatest concern are organochlorines discharged in the production of pulp and paper as a result of the use of chlorine or any other chlorinated oxidizing agents in the pulp and paper manufacturing process; (6) the Great Lakes Water Quality Agreement between the United States and Canada concludes that ``the discharge of toxic substances in toxic amounts be prohibited and the discharge of any or all persistent toxic substances be virtually eliminated''; and (7) in the Sixth Biennial Report on Great Lakes Water Quality, the International Joint Commission on Great Lakes Water Quality concluded that ``the concepts of virtual elimination and zero discharge are consistent and a clear statement or direction to take to achieve the Agreement's purpose. The overall strategy or aim regarding persistent toxic substances is virtual elimination, and the tactic or method to be used to achieve the aim is through zero input or discharge of those substances created as a result of human activity. (b) Zero Discharge of Organochlorine Compounds, Byproducts, or Metabolites.--Title III of the Federal Water Pollution Control Act is amended by redesignating section 519 as section 520 and by inserting the following after section 518: ``SEC. 519. DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, OR METABOLITES. ``(a) Zero Discharge.--(1) Effective 5 years after the enactment of this section, each pulp and paper manufacturing facility shall achieve zero discharge into water of organochlorine compounds, byproducts, or metabolites formulated as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process. ``(2) Effective 5 years after enactment of this section, all existing and new permits under this Act for paper and pulp mills which use chlorine or any other chlorinated oxidizing agent shall require compliance with the zero discharge requirement set forth in paragraph (1). ``(b) Safe Alternatives Assistance.--Within one year after the enactment of this section, the Administrator shall evaluate alternatives to the use of organochlorines in the manufacturing of pulp and paper, and shall publish a report on the transfer of technology in the pulp and paper industry from organochlorine to chlorine-free technology as a model for pollution prevention. Within 18 months after the enactment of this section, the Agency shall begin providing technical information and support to assist permit applicants in the use of alternatives to organochlorine compounds in the production of pulp and paper. ``(c) Report to Congress on Organochlorine Zero Discharge Candidates.--Within 18 months after the enactment of this section, the Administrator shall complete a report to Congress on nonpoint sources and industrial discharges of organochlorine compounds and their byproducts and metabolites into water. The report shall include a listing of all types or categories of nonpoint sources and industrial organochlorine discharges into water and their byproducts and metabolites. The report shall also include a listing of the annual quantities of each organochlorine compound discharged into water nationally and by permitted facility, together with a list of each permitted facility's location and quantities of combined organochlorine compound discharges into water. The report shall contain recommendations for achieving a zero discharge policy for important categories of organochlorine pollution sources. In order to develop such recommendations, the Administrator shall convene an advisory panel. The advisory panel shall conduct public hearings and solicit public and expert comment. The panel shall consist of 15 members, including at least 1 independent expert in each of the fields of public health, occupational health, technology change, toxics use reduction, and ecology, 2 affected citizens, and technical and policy experts from industry, labor, public interest groups, and State environmental agencies. ``(d) Definition.--For the purposes of this section, the term `zero discharge' means absolutely no output or release, including nonpoint source output or release, into water. The term `zero discharge' does not mean a less than detectable output or release.''.
Chlorine Zero Discharge Act of 1993 - Amends the Federal Water Pollution Control Act to require pulp and paper manufacturing facilities to achieve zero discharge into water of organochlorine compounds, byproducts, or metabolites formulated as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process. Requires permits for paper and pulp mills which use chlorine or chlorinated oxidizing agents to require compliance with the zero discharge requirement. Directs the Administrator of the Environmental Protection Agency to: (1) evaluate alternatives to the use of organochlorines in pulp and paper manufacturing and to publish a report on the transfer to chlorine-free technology in the pulp and paper industry as a model for pollution prevention; and (2) provide technical information and support to assist permit applicants in the use of such alternatives.
Chlorine Zero Discharge Act of 1993
SECTION 1. SHORT TITLE. This Act may be cited as the ``The Retirement Health Savings Act of 2015''. SECTION 2. ROLLOVERS FROM RETIREMENT PLANS TO HEALTH SAVINGS ACCOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139E the following new section: ``SEC. 139F. HSA FUNDING DISTRIBUTIONS. ``(a) In General.--In the case of an eligible individual, gross income does not include a qualified HSA funding distribution. ``(b) Qualified HSA Funding Distribution.--For purposes of this section, the term `qualified HSA funding distribution' means any distribution from an eligible retirement plan of an eligible individual to the extent that such distribution is contributed to a health savings account of such individual (or of the surviving spouse, a dependent of the surviving spouse, or alternate payee (as defined in section 414(p)(8)) of such individual) not later than the 60th day after the day on which such individual (or such surviving spouse, dependent, or alternate payee) receives such distribution or in a direct trustee-to- trustee transfer. ``(c) Distribution Treated as Rollover to HSA.--For purposes of sections 223 and 4973(g), a qualified HSA funding distribution shall be treated as a rollover contribution described in section 223(f)(5). ``(d) Definitions.--For purposes of this section-- ``(1) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B), except that such term shall also include an eligible deferred compensation plan maintained by an eligible employer described in section 457(e)(1)(B). ``(2) Eligible individual.--The term `eligible individual' has the meaning given such term by section 223(c)(1).''. (b) 10-Percent Penalty on Early Distributions Not To Apply.-- Section 72(t)(2)(A) of such Code is amended by striking ``or'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, or'', and by inserting after clause (viii) the following new clause: ``(ix) a qualified HSA funding distribution (as defined by section 139F(b)).''. (c) Repeal of One-Time Qualified HSA Funding Distributions From IRAs.--Section 408(d) of such Code is amended by striking paragraph (9). (d) Conforming Amendments.-- (1) Section 26(b)(2)(S) of such Code is amended by striking ``, 223(b)(8)(B)(i)(II), and 408(d)(9)(D)(i)(II)'' and inserting ``and 223(b)(8)(B)(i)(II)''. (2) Section 223(b)(4) of such Code is amended by striking subparagraph (C), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by inserting ``, and'' at the end of subparagraph (A). (3) Section 401(k)(2)(B)(i) of such Code is amended by striking ``or'' at the end of subclause (IV), by striking ``and'' at the end of subclause (V) and inserting ``or'', and by inserting after subclause (V) the following new subclause: ``(VI) the funding of a health savings account under section 139F, and''. (4) Section 402(c)(4) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) any qualified HSA funding distribution (as defined by section 139F(b)).''. (5) Section 403(a) of such Code is amended by adding at the end the following new paragraph: ``(6) Special rule for qualified hsa funding distribution.--To the extent provided in section 139F, paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (6) Section 403(b) of such Code is amended by adding at the end the following new paragraph: ``(15) Special rule for qualified hsa funding distribution.--To the extent provided in section 139F, paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (7) Section 457(a) of such Code is amended by adding at the end the following new paragraph: ``(4) Special rule for qualified hsa funding distribution.--To the extent provided in section 139F, paragraph (1) shall not apply to amounts otherwise includible in gross income under this subsection.''. (e) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after the date of the enactment of this Act.
Retirement Health Savings Act of 2015 This bill amends the Internal Revenue Code to exclude from gross income, for income tax purposes, distributions from certain tax-exempt retirement plans to a heath savings account in which an individual who is covered by a high deductible health care plan is participating (qualified HSA funding distribution). The bill also exempts such distributions from the 10% penalty for premature retirement plan distributions.
Retirement Health Savings Act of 2015
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Student Responsibility Act''. SEC. 2. FOREIGN STATE ASSISTANCE IN ENSURING THAT PROSPECTIVE STUDENTS ARE ELIGIBLE FOR ADMISSION INTO UNITED STATES. (a) In General.--Upon receiving an application from a citizen or national of a foreign state for a visa authorizing entry into the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary of State shall request such foreign state to provide the following: (1) Any information about the citizen or national that pertains to a ground of inadmissibility described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (2) Any information leading such foreign state reasonably to believe that the citizen or national might violate a term or condition of such status, if it were to be granted. (b) Enforcement.--In the case of a foreign state described in subsection (a), the citizens and nationals of the state may, in the discretion of the Secretary of State, be deemed ineligible to obtain a visa authorizing entry into the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act if-- (1) the Secretary of State determines that the state has demonstrated a pattern or practice of failing to make reasonable efforts accurately, completely, and timely to respond to requests described in subsection (a) and the Secretary of State certifies such determination to the Attorney General; or (2) the Attorney General, in consultation with the Secretary of State, determines that a substantial number of the citizens and nationals of the state who have be granted such nonimmigrant status have violated a term or condition of such grant. SEC. 3. RESTRICTION ON ADMISSIBILITY OF NONIMMIGRANT STUDENTS FROM COUNTRIES THAT ARE STATE SPONSORS OF INTERNATIONAL TERRORISM. (a) In General.--No visa authorizing entry into the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall be issued to any alien from a country that is a state sponsor of international terrorism unless it has been determined that such alien does not pose a threat to the safety or national security of the United States according to standards developed by the Secretary of State, in consultation with the Attorney General, and applicable to nationals of such states. In addition to the consultation required under the preceding sentence, any determination made by the Secretary of State or the Attorney General under this subsection shall be made in consultation with the heads of other appropriate United States agencies, using standards applicable to nationals of such states. (b) State Sponsor of International Terrorism Defined.-- (1) In general.--In this section, the term ``state sponsor of international terrorism'' means any country the government of which has been determined by the Secretary of State under any of the laws specified in paragraph (2) to have repeatedly provided support for acts of international terrorism. (2) Laws under which determinations were made.--The laws specified in this paragraph are the following: (A) Section 6(j)(1)(A) of the Export Administration Act of 1979 (or successor statute). (B) Section 40(d) of the Arms Export Control Act. (C) Section 620A(a) of the Foreign Assistance Act of 1961. SEC. 4. NOTICE TO EDUCATIONAL INSTITUTIONS OF ENTRY INTO UNITED STATES BY PROSPECTIVE STUDENT. Section 641(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(g)) is amended by adding at the end the following: ``(3) Notification of entry.--The Attorney General shall notify approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs when an alien is admitted to the United States for the purpose of studying at the institution or participating in the program. The notice shall be given not later than 10 days after the alien's entry.''. SEC. 5. ADDITIONAL OBLIGATIONS OF EDUCATIONAL INSTITUTIONS UNDER FOREIGN STUDENT MONITORING PROGRAM. (a) Notification of Students Failing To Register.-- (1) In general.--Section 641(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is amended-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) the failure of the alien to register in the United States with the institution or program before the date that is 30 days after the date on which the alien's instruction or participation is scheduled to commence.''. (2) Special collection rule.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall establish a process to collect from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States (as defined in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372)), with respect to nationals of all countries, the information described in subsection (c)(1)(E) of such section, as added by paragraph (1). (B) Sunset.--Subparagraph (A) shall apply until the date on which the Attorney General collects electronically the information described in such subparagraph under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372). (3) Inclusion of information in interstate index.--The Attorney General shall ensure that information received under paragraph (2) or section 641(c)(1)(E) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)(E)), as added by paragraph (1), is included in the National Crime Information Center's Interstate Identification Index. (b) Civil Money Penalties for Failure To Provide Information.-- (1) In general.--Section 641(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)) is amended to read as follows: ``(2) Effect of failure to provide information.--If an approved institution of higher education, other approved educational institution, or a designated exchange visitor program fails to provide the specified information-- ``(A) such approvals and such issuance of visas shall be revoked or denied; or ``(B) the Attorney General shall require the institution or program to cease and desist from such violations and to pay a civil penalty in an amount of not less than $25,000 for each such violation.''. (2) Procedure.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended by adding at the end the following: ``(3) Procedure.--The provisions of section 274A(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(3)) shall apply to an imposition of a civil penalty under paragraph (2)(B) in the same manner as such provisions apply to the imposition of an order described in paragraph (4), (5), or (6) of section 274A(e) of such Act.''. (c) Withholding of Final Transcripts and Diplomas Pending Fulfillment of Immigration Obligations.--Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Withholding of Final Transcripts and Diplomas Pending Fulfillment of Immigration Obligations.-- ``(1) In general.--Except as provided in section 444(j) of the General Education Provisions Act (20 U.S.C. 1232g(j)), an approved institution of higher education, other approved educational institution, or designated exchange visitor program may not release a diploma, final transcript, or any other information confirming attendance or program requirement completion pertaining to an alien having the status of a nonimmigrant under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(A)(15)) until the alien-- ``(A) departs from the United States upon completion of the education, training, or program participation for which the alien came to the United States; or ``(B) obtains a change in immigration status authorizing the alien to remain in the United States notwithstanding such completion. ``(2) Receipt of information.--The Attorney General shall establish a process to ensure that approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs receive the information on alien departures and changes in immigration status that is necessary to permit such institutions and programs to comply with paragraph (1). ``(3) Enforcement.--If the Attorney General determines that an approved institution of higher education, other approved educational institution, or designated exchange visitor program has demonstrated a pattern or practice of violating paragraph (1), the Attorney General shall-- ``(A) revoke (or deny, as the case may be) the approval and authority to issue documents described in subsection (d)(1); or ``(B) pursuant to the procedures described in subsection (d)(3), require the institution or program to cease and desist from such violations and to pay a civil penalty in an amount of not less than $25,000 for each such violation.''. (d) Documentary Requirements.--With respect to any document issued by an approved institution of higher education, other approved educational institution, or designated exchange visitor program (as defined in section 641(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(i))) demonstrating an alien's eligibility for a visa under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(A)(15)), the Attorney General shall-- (1) establish a mandatory form for such document that requires the inclusion of the name of the institution or program; and (2) require that, if such alien is outside the United States, such document be sent directly to a consulate of the United States selected by the alien, in lieu of being issued to the alien. (e) Conditioning Eligibility Under Higher Education Act.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(24) The institution certifies that it has not had its approval under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), or its authority to issue documents to an alien demonstrating the alien's eligibility for a visa under subparagraph (F), (J), or (M) of such section, revoked or denied under section 641(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)).''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR SEVIS. There are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 4 succeeding fiscal years for-- (1) the operation of the Student and Exchange Visitors Information System; and (2) investigation and enforcement activities based on data in such system.
International Student Responsibility Act - Provides for: (1) foreign country assistance in ensuring that prospective foreign students are eligible for U.S. admission; and (2) U.S. entry prohibition of foreign students from a country that fails to provide such assistance, or from a country from which a substantial number of foreign students fail to comply with foreign student status conditions.Prohibits foreign student admissions from a country deemed a state sponsor of international terrorism unless it has been determined that an individual alien does not pose a threat to U.S. security.Amends the Immigration and Nationality Act to direct the Attorney General to notify an institution of higher education of the U.S. entry of a foreign student admitted to study at such institution.Amends the Illegal Immigration Reform and Immigrant Responsibility Act to set forth additional requirements for educational institutions under the foreign student monitoring program, including providing notification of alien students who fail to register.Authorizes appropriations for operation of, and related enforcement activities under, the student and exchange visitors information system.
To ensure that aliens studying in the United States comply with the terms and conditions applicable to such study, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Tax Relief Act of 2017''. SEC. 2. STRENGTHENING THE EARNED INCOME TAX CREDIT. (a) Increased Credit for Individuals With No Qualifying Children.-- (1) In general.--The table in subparagraph (A) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$4,220'' in the second column and inserting ``$9,230''; and (B) by striking ``$5,280'' in the last column and inserting ``$10,900''. (2) Inflation adjustments.--Subparagraph (B) of section 32(j)(1) of the Internal Revenue Code of 1986 is amended-- (A) in clause (i)-- (i) by inserting ``(except as provided in clause (iii))'' after ``(b)(2)(A)''; and (ii) by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following new clause: ``(iii) in the case of the $9,230 and $10,900 amounts in the table in subsection (b)(2)(A), by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) of such section 1.''. (b) Credit Increase and Reduction in Phaseout for Individuals With No Children.--The table contained in section 32(b)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``7.65'' in the second column of the fourth row and inserting ``15.3''; and (2) by striking ``7.65'' in the third column of the fourth row and inserting ``15.3''. (c) Credit Allowed for Certain Childless Individuals Over Age 21.-- Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking ``age 25'' and inserting ``age 21''. (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 3. STRENGTHENING THE CHILD TAX CREDIT. (a) Increase in Amount of Credit for Taxpayers With Young Children.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) with respect to each qualifying child of the taxpayer who has not attained 6 years of age before the close of such taxable year and for which the taxpayer is allowed a deduction under section 151, an amount equal to $3,000, and ``(2) with respect to each qualifying child of the taxpayer who has attained 6 years of age before the close of such taxable year and for which the taxpayer is allowed a deduction under section 151, an amount equal to $1,000.''. (b) Increase in Portion of Credit Refundable for Taxpayers With Young Children.--Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i)(I) in the case of a taxpayer with a qualifying child who has not attained 6 years of age before the close of the taxable year, 45 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year, or ``(II) in the case of a taxpayer not described in subclause (I), 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000, or''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 4. INDEXING THE CHILD TAX CREDIT FOR INFLATION. (a) Inflation Adjustments.--Section 24 of the Internal Revenue Code of 1986, as amended by section 3, is amended by adding at the end the following new subsection: ``(h) Inflation Adjustments.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2017, each of the dollar amounts in subsections (a) and (b)(2) shall each 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 2016' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2017. SEC. 5. SIMPLIFYING THE EARNED INCOME TAX CREDIT. (a) Modification of Abandoned Spouse Rule.-- (1) In general.--Section 32(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(G) Certain married individuals living apart.-- For purposes of this section, an individual who-- ``(i) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(ii) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(iii)(I) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, or ``(II) has a legally binding separation agreement with the individual's spouse and is not a member of the same household with the individual's spouse by the end of the taxable year, shall not be considered as married.''. (2) Conforming amendments.-- (A) The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``section 7703'' and inserting ``section 7703(a)''. (B) Section 32(d) of such Code is amended by striking ``In the case of an individual who is married (within the meaning of section 7703)'' and inserting ``In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(G)''. (b) Elimination of Disqualified Investment Income Test.-- (1) In general.--Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (2) Conforming amendments.-- (A) Section 32(j)(1)(B)(i) of such Code, as amended by this Act, is amended by striking ``subsections (b)(2)(A) and (i)(1)'' and inserting ``subsection (b)(2)(A)''. (B) Section 32(j)(2) of such Code is amended to read as follows: ``(2) Rounding.--If any dollar amount in subsection (b)(2)(A) (after being increased under subparagraph (B) thereof), after being increased under paragraph (1), is not a multiple of $10, such amount shall be rounded to the next nearest multiple of $10.''. (c) Simplification of Rules Regarding Presence of Qualifying Child.-- (1) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.--Section 32(c)(1) of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(H) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.-- ``(i) General rule.--Except as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year. ``(ii) Exception if qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other custodial parent of such child who does not make such a claim of such child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.''. (2) Taxpayer eligible for credit for worker without qualifying child if qualifying children do not have valid social security number.--Subparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.
Working Families Tax Relief Act of 2017 This bill amends the Internal Revenue Code, with respect to the earned income tax credit, to: (1) increase the credit and reduce the phaseout percentage for taxpayers with no qualifying children, (2) reduce from 25 to 21 the qualifying age for individuals with no children, (3) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member, and (4) repeal the denial of such credit for taxpayers with excess investment income. This bill modifies the child tax credit to: (1) increase the amount of the credit and the portion of the credit that is refundable for taxpayers with children under the age of six, and (2) require the dollar amounts of the credit to be adjusted for inflation after 2017.
Working Families Tax Relief Act of 2017
SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 2009''. (b) Reference.--Except as provided in section 8, 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 Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. FINDINGS. Congress finds the following: (1) Wage rate differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce. (2) The existence of such wage rate differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5)(A) United States Census Bureau data shows that in 2007, women in the United States working full-time, year-round earned roughly 78 cents for every dollar earned by a man working full- time, year-round. (B) A 2003 study by the General Accountability Office found that even when accounting for key factors generally known to influence earnings such as race, marital status, age and number of children as well as hours worked and time out of the workforce, a 20 percent gap in pay remains which cannot be accounted for but may be partially explained by women make less who work in traditionally female dominated careers as well as other discrimination in the workplace. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (7) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 4 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938, the Equal Pay Act of 1963, and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.). Elimination of such barriers would have positive effects, including-- (A) providing a solution to problems in the economy created by discrimination through wage rate differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1)(A) Except as provided in subparagraph (B), no employer having employees subject to any provision of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex, race, or national origin by paying wages to employees in such establishment in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees in such establishment in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs. ``(B) Nothing in subparagraph (A) shall prohibit the payment of different wage rates to employees where such payment is made pursuant to-- ``(i) a seniority system; ``(ii) a merit system; ``(iii) a system that measures earnings by quantity or quality of production; or ``(iv) a differential based on a bona fide factor other than sex, race, or national origin, such as education, training, or experience, except that this clause shall apply only if-- ``(I) the employer demonstrates that-- ``(aa) such factor-- ``(AA) is job-related with respect to the position in question; or ``(BB) furthers a legitimate business purpose, except that this item shall not apply if the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice; and ``(bb) such factor was actually applied and used reasonably in light of the asserted justification; and ``(II) upon the employer succeeding under subclause (I), the employee fails to demonstrate that the differential produced by the reliance of the employer on such factor is itself the result of discrimination on the basis of sex, race, or national origin by the employer. ``(C) The Equal Employment Opportunity Commission shall issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin for purposes of subparagraph (B)(iv). Such guidelines shall not include a list of such jobs. ``(D) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee that have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) In this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6 (d) and (h)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended-- (1) by striking the period at the end of paragraph (5) and inserting a semicolon; and (2) by adding after paragraph (5) the following: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(h) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce section 6(h); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(h).''. SEC. 5. REMEDIES. (a) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates subsection (d) or (h) of section 6 shall additionally be liable for such compensatory or punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees'', by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employee''; (4) in the sentence beginning ``The court in'', by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (5) by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''. (b) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of subsection (d) or (h) of section 6, additional compensatory or punitive damages,'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of subsection (d) or (h) of section 6, additional compensatory or punitive damages''; and (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''. (c) Fees.--Section 16 (29 U.S.C. 216) is amended by adding at the end the following: ``(f) In any action brought under this section for a violation of section 6(h), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''. SEC. 6. RECORDS. (a) Records.--Section 11(c) (29 U.S.C. 211(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2) Every employer subject to section 6(h) shall preserve records that document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wage rates paid to the employees of the employer. Every employer subject to section 6(h) shall preserve such records for such periods of time, and shall make such reports from the records to the Equal Employment Opportunity Commission, as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(h) or any regulation promulgated pursuant to section 6(h).''. (b) Small Business Exemptions.--Section 11(c) (as amended by subsection (a)) is further amended by adding at the end the following: ``(3) Every employer subject to section 6(h) that has 25 or more employees on any date during the first or second year after the effective date of this paragraph, or 15 or more employees on any date during any subsequent year after such second year, shall, in accordance with regulations promulgated by the Equal Employment Opportunity Commission under paragraph (8), prepare and submit to the Equal Employment Opportunity Commission for the year involved a report signed by the president, treasurer, or corresponding principal officer, of the employer that includes information that discloses the wage rates paid to employees of the employer in each classification, position, or job title, or to employees in other wage groups employed by the employer, including information with respect to the sex, race, and national origin of employees at each wage rate in each classification, position, job title, or other wage group.''. (c) Protection of Confidentiality.--Section 11(c) (as amended by subsections (a) and (b)) is further amended by adding at the end the following: ``(4) The rules and regulations promulgated by the Equal Employment Opportunity Commission under paragraph (8), relating to the form of such a report, shall include requirements to protect the confidentiality of employees, including a requirement that the report shall not contain the name of any individual employee.''. (d) Use; Inspections; Examination; Regulations.--Section 11(c) (as amended by subsections (a) through (c)) is further amended by adding at the end the following: ``(5) The Equal Employment Opportunity Commission may publish any information and data that the Equal Employment Opportunity Commission obtains pursuant to the provisions of paragraph (3). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based on the information and data as the Equal Employment Opportunity Commission may consider appropriate. ``(6) In order to carry out the purposes of this Act, the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report submitted to the Equal Employment Opportunity Commission pursuant to paragraph (3). ``(7) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports submitted to the Equal Employment Opportunity Commission pursuant to paragraph (3) to any person upon payment of a charge based upon the cost of the service. ``(8) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be submitted under paragraph (3) and such other reasonable rules and regulations as the Equal Employment Opportunity Commission may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising the authority of the Equal Employment Opportunity Commission under paragraph (3), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom the Equal Employment Opportunity Commission finds that because of the size of the employers a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall conduct studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(h) prohibiting wage rate discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based on and include reference to the objectives of such section to eliminate such discrimination. In order to achieve the objectives of such section, the Equal Employment Opportunity Commission shall carry on a continuing program of research, education, and technical assistance including-- ``(A) conducting and promoting research with the intent of developing means to expeditiously correct the wage rate differentials described in section 6(h); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(h); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(h). ``(5) The report submitted biennially by the Secretary to Congress under paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(h).''. SEC. 8. CONFORMING AMENDMENTS. (a) Congressional Employees.-- (1) Application.--Section 203(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended-- (A) by striking ``subsections (a)(1) and (d) of section 6'' and inserting ``subsections (a)(1), (d), and (h) of section 6''; and (B) by striking ``206 (a)(1) and (d)'' and inserting ``206 (a)(1), (d), and (h)''. (2) Remedies.--Section 203(b) of such Act (2 U.S.C. 1313(b)) is amended by inserting before the period the following: ``or, in an appropriate case, under section 16(f) of such Act (29 U.S.C. 216(f))''. (b) Executive Branch Employees.-- (1) Application.--Section 413(a)(1) of title 3, United States Code, as added by section 2(a) of the Presidential and Executive Office Accountability Act (Public Law 104-331; 110 Stat. 4053), is amended by striking ``subsections (a)(1) and (d) of section 6'' and inserting ``subsections (a)(1), (d), and (h) of section 6''. (2) Remedies.--Section 413(b) of such title is amended by inserting before the period the following: ``or, in an appropriate case, under section 16(f) of such Act''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect 1 year after the date of enactment of this Act.
Fair Pay Act of 2009 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on bona fide factors that the employer demonstrates are job-related or further legitimate business interests.) Prohibits the discharge of, or any other discrimination against, an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Directs the Equal Employment Opportunity Commission (EEOC) to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; and (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act. Makes conforming amendments relating to congressional and executive branch employees to the Congressional Accountability Act of 1995 and the Presidential and Executive Office Accountability Act.
To amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes.
SECTION 1. FINDINGS. The Congress finds that-- (1) Ukraine has adopted administrative procedures that accord its citizens the right to emigrate, travel freely, and to return to their country without restriction, and has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1997; (2) since reestablishing independence in 1991, Ukraine has taken important steps toward the establishment of a genuine democracy, and the people of Ukraine deserve praise for demonstrating a deep commitment to democracy through peaceful civil action; (3) Ukraine has demonstrated a commitment to adopting the full range of internationally recognized core labor standards and to continue to improve the effective enforcement of its laws reflecting such standards; (4) as a participating state of the Organization for Security and Cooperation in Europe (OSCE), Ukraine has committed to developing a system of governance in accordance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (also known as the ``Helsinki Final Act'') and successive documents regarding human rights and humanitarian affairs, including respect for freedom of the media; (5) Ukraine has endeavored to address issues related to its national and religious minorities and, as a member state of the OSCE, has committed to adopting special measures for ensuring that persons belonging to national minorities have full equality both individually and communally; (6) Ukraine has enacted legislation providing protection against incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, including anti-Semitism, and has committed itself, including through a letter to the President of the United States, to ensuring freedom of religion and combating racial and ethnic intolerance and hatred; (7) Ukraine has continued to return communal properties confiscated from national and religious minorities during the Soviet era, facilitating the reemergence of these communities in the national life of Ukraine, and remains committed, through a letter to the President of the United States, to establishing the legal framework for completion of this process in the future; (8) Ukraine has taken important steps toward the creation of a free market economic system and has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 23, 1992; and (9) Ukraine is seeking admission to the World Trade Organization, which would be a welcome step, recognizing that many issues remain to be resolved, including protection of intellectual property rights, access for United States agricultural products, tariff and excise tax reductions for goods (including automobiles), access for financial services providers of the United States, elimination of export incentives for industrial goods, and reform of customs procedures and other nontariff barriers. SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO UKRAINE. (a) Presidential Determination and Extension of Unconditional and Permanent Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of that country. (b) Termination of Application of Title IV.--On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine, chapter 1 of title IV of the Trade Act of 1974 shall cease to apply to that country. SEC. 3. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992, BILATERAL TRADE AGREEMENT. The Congress finds that the trade agreement between the United States and Ukraine that entered into force on June 23, 1992, remains in force between the 2 countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from Ukraine, recognizing that these rights may terminate upon Ukraine's accession to the WTO. SEC. 4. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION NEGOTIATIONS. (a) Notice of Agreement on Accession to WTO by Ukraine.--Not later than 5 days after the date on which the United States has entered into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization, the President shall so notify the Congress, and the President shall transmit to the Congress, not later than 15 days after that agreement is entered into, a report that sets forth the provisions of that agreement. (b) Congressional Oversight Resolution.-- (1) Introduction.--If a Congressional Oversight Resolution is introduced in the House of Representatives or the Senate during the 30-day period (excluding any day described in section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)), beginning on the date on which the President first notifies the Congress under subsection (a) of the agreement referred to in that subsection, that Congressional Oversight Resolution shall be considered in accordance with this subsection. (2) Congressional oversight resolution.--In this subsection, the term ``Congressional Oversight Resolution'' means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ``That it is the sense of the Congress that the agreement between the United States and Ukraine on the terms of accession by Ukraine to the World Trade Organization, of which Congress was notified on ____, does not adequately advance the interests of the United States.'', with the blank space being filled with the appropriate date. (3) Procedures for considering resolution.--The provisions of subparagraphs (B), (C), and (D)(i) and (ii) of paragraph (5) of section 2103(c) of the Trade Act of 2002 shall apply to Congressional Oversight Resolutions to the same extent as such provisions apply to resolutions under such paragraph.
Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine. Declares congressional findings that the 1992 trade agreement between the United States and Ukraine remains in force between the two countries and provides the United States with important rights, including the right to use specific safeguard rules to respond to import surges from Ukraine, recognizing that these rights may terminate upon Ukraine's accession to the World Trade Organization (WTO). Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the WTO; (2) a congressional oversight resolution regarding such agreement; and (3) procedures for consideration of the resolution.
To authorize the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of Ukraine, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Phone Scam Prevention Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Commission'' means the Federal Communications Commission; and (2) the term ``voice service'' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1) of the Communications Act of 1934 (47 U.S.C. 251(e)(1)). SEC. 3. REPORT ON EXISTING TECHNOLOGICAL SOLUTIONS TO COMBAT INACCURATE CALLER IDENTIFICATION INFORMATION. (a) Publication of Report.--The Commission shall publish on the website of the Commission a report that identifies existing technology solutions that a consumer can use to protect the consumer against misleading or inaccurate caller identification information. (b) Contents of Report.--The report described in subsection (a) shall-- (1) analyze existing technologies that can enable consumers to guard against misleading or inaccurate caller identification information; (2) describe how the technologies described in paragraph (1) protect consumers; and (3) detail whether and how voice service providers are making the technologies described in paragraph (1) available to subscribers. SEC. 4. REPORT ON PLAN TO DEVELOP CALL ORIGINATION AUTHENTICATION STANDARDS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report detailing a plan to expeditiously develop, not later than 6 years after the submission of the report, reasonable authentication standards for a voice service provider to validate the calling party number and caller identification information of a call originated through a voice service so that the subscriber receiving the call may obtain, to the extent technologically feasible-- (1) a secure assurance of the origin of the call, including-- (A) the calling party number; and (B) caller identification for the call; or (2) notice that an assurance described in paragraph (1) is unavailable. (b) Recommendation on Legislation.--The report submitted under subsection (a) may include recommendations on whether legislation is necessary to promote or facilitate the adoption of authentication standards for caller identification information. SEC. 5. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID INFORMATION. (a) Communications From Outside United States.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by striking ``in connection with any telecommunications service or IP- enabled voice service'' and inserting ``or any person outside the United States if the recipient of the call is within the United States, in connection with any voice service''. (b) Coverage of Text Messages and Other Voice Services.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (1) in subparagraph (A), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service (including a text message sent using a text messaging service)''; (2) in the first sentence of subparagraph (B), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service (including a text message sent using a text messaging service)''; and (3) by striking subparagraph (C) and inserting the following: ``(C) Text message.--The term `text message'-- ``(i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; ``(ii) includes a short message service (commonly referred to as `SMS') message, an enhanced message service (commonly referred to as `EMS') message, and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include a real-time, 2-way voice or video communication. ``(D) Text messaging service.--The term `text messaging service' means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. ``(E) Voice service.--The term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor plan adopted by the Commission under section 251(e)(1).''. (c) Rules of Construction.--Nothing in this Act shall be construed to modify, limit, or otherwise affect-- (1) the authority, as of the day before the date of enactment of this Act, of the Commission to interpret the term ``call'' to include a text message (as defined under section 227(e)(8) of the Communications Act of 1934, as added by subsection (b)); or (2) any rule or order adopted by the Commission in connection with-- (A) the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394) or the amendments made by that Act; or (B) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.). (d) Regulations.--Not later than 18 months after the date of enactment of this Act, the Commission shall prescribe regulations to implement the amendments made by this section. (e) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date on which the Commission prescribes regulations under subsection (d).
Phone Scam Prevention Act of 2015 Requires the Federal Communications Commission (FCC) to publish on its website a report that identifies existing technologies that consumers can use to protect against misleading or inaccurate caller identification information. Requires the FCC, within one year after enactment of this Act, to submit to Congress a report detailing a plan to expeditiously develop, within six years after submission of such report, reasonable authentication standards for voice service providers to validate caller information so that subscribers may obtain secure assurances of a call's origin, including the calling party's number and identification. Extends the prohibition on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Expands the definition of "caller identification information" to include text messages. Revises caller identification requirements to make standards applicable to voice communications using resources from the North American Numbering Plan (currently, the requirements apply to telecommunications or IP-enabled voice services).
Phone Scam Prevention Act of 2015
SECTION 1. SHORT TITLE. This Act may be cited as the ``Put America to Work Act of 2009''. SEC. 2. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT, AND INDIAN TRIBES. (a) Establishment.--Subject to the availability of appropriations for such purpose, the Secretary of Labor shall make grants to States, units of general local government, and Indian tribes to carry out activities in accordance with this Act. (b) Purpose.--The purpose of this program is to create employment opportunities for unemployed and underemployed residents of distressed communities in activities designed to address community needs and reduce disparities in health, housing, education, job readiness, and public infrastructure that have impeded these communities from realizing their full economic potential. (c) Eligibility.--For purposes of the grant program under this Act, an eligible entity is-- (1) a unit of general local government, including a metropolitan city or an urban county; (2) a State; or (3) an Indian tribe. (d) Use of Funds.--A recipient of a grant under this section shall use the grant for the following purposes: (1) For the 9-month period after the date of the enactment of this Act, the grant shall be used only to fund the following types of fast-track job placements: (A) The painting and repair of schools, community centers, and libraries. (B) The restoration and revitalization of abandoned and vacant properties to alleviate blight in distressed and foreclosure-affected areas of a unit of general local government. (C) The expansion of emergency food programs to reduce hunger and promote family stability. (D) The augmentation of staffing in Head Start, child care, and other early childhood education programs to promote school readiness and early literacy. (E) The renovation and enhancement of maintenance of parks, playgrounds, and other public spaces. (2) During the 9-month period after the date of the enactment of this Act, the grant recipients shall consult with community leaders, including labor organizations, non-profit organizations, local government officials, and local residents to-- (A) assess the needs of the community served by the grant recipient; (B) determine sectors of the local economy that are in need of employees; (C) make recommendations for new employment opportunities in the areas described in paragraph (3); and (D) assess the effectiveness of job placements made under paragraph (1). (3) Not later than 9 months after the recipient of a grant begins to use the grant to fund fast-track job placements under paragraph (1), the recipient shall use the remaining amount of the grant to make grants to public entities, nonprofit organizations, public-private partnerships, or small businesses to create opportunities for employment in the following areas: (A) Construction, re-construction, rehabilitation, and site improvements of residences or public facilities, including improvements in the energy efficiency or environmental quality of such public facilities or residences. (B) Provision of human services, including child care services, health care services, education, or recreational programs. (C) The remediation and demolition of vacant and abandoned properties to eliminate blight. (D) Programs that provide disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training. (e) Conditions.--As a condition of receiving a grant under this section, a grant recipient shall-- (1) agree to comply with the nondiscrimination policy set forth under section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 5309); (2) allocate not less than 80 percent of the funding allocated to each project funded under the grant to wages, benefits, and support services, including child care services, for individuals employed on such project; (3) ensure that employment on any project funded under the grant is carried out in accordance with subsection (f); (4) institute an outreach program with community organizations and service providers in low-income communities to provide information about placements funded under the grant to individuals suited to perform community infrastructure work; and (5) ensure that not less than 35 percent of individuals employed under the grant are individuals descibed in paragraph (5)(B) of subsection (f). (f) Employment Described.--Employment funded under this section shall meet the following specifications: (1) Any employer that employs an individual whose employment is funded under the grant shall-- (A) employ such individual for not less than 12 months; (B) employ such individual for not less than 30 hours per week; (C) comply with responsible contractor standards, as determined by the relevant official in the unit of local general government; (D) provide compensation to such individual equal to that which is paid to employees who have been employed to perform similar work prior to the date such individual was hired; and (E) if such employment is in construction, provide compensation to any laborer or mechanic employed under the grant at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) No individual whose employment is funded under the grant may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless-- (A) the consent of the union at such employer is obtained; and (B) negotiations have taken place between such union and the employer as to the terms and conditions of such employment. (3) An individual whose employment is funded under this Act may not displace other employees whose employment is not funded under this Act. A grant recipient under this Act may not hire an employee or employees with funds under this Act for any employment which the grant recipient would otherwise hire an employee who has been furloughed. (4) An individual whose employment is funded under this Act shall be-- (A) unemployed for not less than 26 weeks prior to the reciept of the grant, as verified by the State or local department of labor, department of welfare, or similar office charged with maintaining records of unemployment; or (B) unemployed for not less than 30 days prior to the reciept of the grant and be a low-income individual who is a member of a targeted group (as defined by section 51(d) of the Internal Revenue Code of 1986) as verified by the State or local department of labor, department of welfare, or similar office charged with maintaining records of unemployment. For purposes of subparagraph (B), the hiring date (as defined in section 51(d)(11) of such Code) shall be the hiring date by an employer who receives a grant pursuant to this section. (g) Award of Grants.-- (1) Selection criteria.--In selecting a project to receive funding for employing the individuals described in subsection (f)(5), a grant recipient shall consider-- (A) the input of all participants in a proposed project, including labor organizations, community organizations, and employers; (B) the needs of the community intended to benefit from such project; (C) the long-term goals and short term objectives to address such needs; and (D) any recommendations for programs and activities developed to meet such needs. (2) Priority given to certain projects.--A grant recipient under this section shall give priority to projects that-- (A) serve areas with the greatest level of economic need, determined for each such area by-- (i) the unemployment rate; (ii) the rate of poverty; (iii) the number of census tracts with concentrated poverty; (iv) the lowest median income; (v) the percentage of vacant and abandoned properties; (vi) the percentage of home foreclosures; and (vii) the indicators of poor resident health, including high rates of chronic disease, infant mortality, and life expectancy; (B) integrate education and job skills training, including basic skills instruction and secondary education services; (C) coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; and (D) provide jobs in sectors where job growth is most likely, as determined by the Secretary, and in which career advancement opportunites exist to maximize long-term, sustainable employment for individuals after employment funded under this Act ends. (h) Allocation of Grants.-- (1) Grants for indian tribes and deposits into discretionary fund.--Not more than 5percent of the funds appropriated to carry out this Act for any fiscal year shall be reserved for grants to Indian tribes and for deposit into a discretionary fund established by the Secretary for national demonstration projects and multi-jurisdictional projects. (2) Grants to states.--Not more than 30 percent of funds appropriated to carry out this Act for any fiscal year shall be allocated to States to distribute to units of general local government that do not qualify for funds under paragraph (3). (3) Grants to units of general local government.--Grant funds that are not reserved under paragraphs (1) and (2) shall be allocated to metropolitan cities and urban counties using the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)). (i) Reports.-- (1) Reports by grant recipients.--Not later than 90 days after the last day of each fiscal year in which assistance under this section is furnished, a recipient of a grant under this section shall submit to the Secretary a report containing the following: (A) A description of the progress made in accomplishing the objectives of this chapter. (B) A summary of the use of the grant during the preceding fiscal year. (C) For units of general local government, a listing of each entity receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (D) For States, a listing of each unit of general local government receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (E) The amount of money received and expended during the fiscal year. (F) The number of individuals assisted under the grant whose household income is low-income, very low- income, or extremely low-income (as such terms are used for purposes of the Housing Act of 1937 and the regulations thereunder (42 U.S.C. 1437 et seq.)). (G) The amount expended on administrative costs during the fiscal year. (2) Report to congress.--At least once every 6 months, the Secretary shall submit to Congress a report on the use of grants awarded under this section and any progress in job creation. (j) Definitions.--In this section: (1) The term ``State'' has the meaning given such term in section 5302(2) of title 42, United States Code. (2) The term ``unit of general local government'' has the meaning given such term in section 5302(1) of title 42, United States Code. (3) The term ``Indian tribe'' has the meaning given such term in section 5302(17) of title 42, United States Code. (4) The term ``small business'' has the meaning given the term ``small business concern'' under section 3 of the Small Business Act (15 U.S.C. 632). (5) The term ``metropolitan city'' has the meaning given such term in section 5302(4) of title 42, United States Code. (6) The term ``urban county'' has the meaning given such term in section 5302(6) of title 42, United States Code. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $40,000,000,000 for each of fiscal years 2010 and 2011 to carry out this Act. Amounts appropriated pursuant to this section shall remain available until expended.
Put America to Work Act of 2009 - Directs the Secretary of Labor to make grants to states, local government units, and Indian tribes to create employment opportunities for unemployed and underemployed residents of distressed communities. Specifies grant uses, including funding of fast-track jobs for: (1) painting and repair of schools, community centers, and libraries; (2) restoration of abandoned and vacant properties; (3) expansion of emergency food programs to reduce hunger; (4) augmentation of staffing in Head Start and other early childhood education programs; and (5) renovation and maintenance of parks, playgrounds, and other public spaces. Requires grant recipients to use remaining grant funds to make grants to public entities, nonprofit organizations, public-private partnerships, or small businesses to create employment opportunities in: (1) construction, rehabilitation, and improvements in energy efficiency of residences or public facilities; (2) the provision of human services; (3) remediation and demolition of vacant and abandoned properties; and (4) programs that provide opportunities for employment, education, and training for disadvantaged youth.
To direct the Secretary of Labor to make grants to States, units of general local government, and Indian tribes for the purpose of creating employment opportunities for unemployed and underemployed residents in distressed communities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Benefit Fairness Act of 2004''. SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY. (a) Disability Insurance Benefits.-- (1) In general.--The first sentence of section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``(i) for each month'' and all that follows through ``the first month in which he is under such disability'' and inserting the following: ``for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits''. (2) Waiting period eliminated from determination of benefit amount.-- (A) In general.--The first sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking ``in--'' and all that follows through ``and as though'' and inserting the following: ``in the first month for which such individual becomes entitled to such disability insurance benefits, and as though''. (B) Conforming amendment.--The second sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking ``subparagraph (A) or (B) of such sentence, as the case may be'' and inserting ``such sentence''. (3) Elimination of defined term.-- (A) In general.--Section 223(c)(2) of such Act is repealed. (B) Conforming amendments.-- (i) The heading of section 223(c) of such Act (42 U.S.C. 423(c)) is amended to read as follows: ``Definition of Insured Status''. (ii) Section 223(c)(1) of such Act (42 U.S.C. 423(c)(1)) is amended by striking ``For purposes of subparagraph (B) of this paragraph, when the number of quarters'' in the last sentence and inserting the following: ``(2) In applying paragraph (1)(B), when the number of quarters''. (b) Widow's Insurance Benefits Based on Disability.-- (1) In general.--Section 202(e)(1)(F) of such Act (42 U.S.C. 402(e)(1)(F)) is amended to read as follows: ``(F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits,''. (2) Elimination of defined term.--Section 202(e) of such Act (42 U.S.C. 402(e)) is amended-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (5), (6), (7), and (8), respectively. (c) Widower's Insurance Benefits Based on Disability.-- (1) In general.--Section 202(f)(1)(F) of such Act (42 U.S.C. 402(f)(1)(F)) is amended to read as follows: ``(F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits,''. (2) Elimination of defined term.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (A) by striking paragraph (6); and (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively. (d) Elimination of Waiting Period for Commencement of Periods of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended by striking ``, but only'' and all that follows and inserting a period. (e) Effective Dates.--The amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act (42 U.S.C. 402) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act. SEC. 3. ELIMINATION OF RECONSIDERATION IN THE REVIEW PROCESS GOVERNING DECISIONS ON BENEFIT ENTITLEMENT. (a) In General.--Section 205(b)(1) of the Social Security Act (42 U.S.C. 405(b)(1)) is amended by adding at the end the following new sentence: ``Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration.''. (b) Conforming Amendments.--Section 205(b) of such Act is amended-- (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act) issued after 1 year after the date of the enactment of this Act.
Disability Benefit Fairness Act of 2004 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate: (1) the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability; and (2) eliminate any intervening reconsideration from the review process governing decisions on benefit entitlement.
To amend title II of the Social Security Act to eliminate the 5-month waiting period for entitlement to disability benefits and to eliminate reconsideration as an intervening step between initial benefit entitlement decisions and subsequent hearings on the record on such decisions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources, and Care Act'' or the ``EMPOWER Care Act''. SEC. 2. EXTENSION OF DEMONSTRATION. (a) Funding.--Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) $450,000,000 for each of fiscal years 2018 through 2022.''; and (2) in paragraph (2), by striking ``2016'' and inserting ``2022''. (b) Research and Evaluation.--Section 6071(g) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in paragraph (2), by striking ``2016'' and inserting ``2022''; and (2) in paragraph (3), by inserting ``and for each of fiscal years 2018 through 2022,'' after ``2016,''. SEC. 3. CHANGES TO INSTITUTIONAL RESIDENCY PERIOD REQUIREMENT. Section 6071(b)(2) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in subparagraph (A)(i), by striking ``90'' and inserting ``60''; and (2) by striking the flush sentence after subparagraph (B). SEC. 4. UPDATES TO STATE APPLICATION REQUIREMENTS. Section 6071(c) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- (1) in paragraph (3), by striking ``, which shall include'' and all that follows through ``2007''; (2) in paragraph (7)-- (A) in the paragraph heading, by striking ``Rebalancing'' and inserting ``Expenditures''; and (B) in subparagraph (B)-- (i) in clause (i), by striking ``and'' after the semicolon; (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(iii) include a work plan that describes for each Federal fiscal year that occurs during the proposed MFP demonstration project-- ``(I) the use of grant funds for each proposed initiative that is designed to accomplish the objective described in subsection (a)(1), including a funding source for each activity that is part of each such proposed initiative; ``(II) an evaluation plan that identifies expected results for each such proposed initiative; and ``(III) a sustainability plan for components of such proposed initiatives that are intended to improve transitions, which shall be updated with actual expenditure information for each Federal fiscal year that occurs during the MFP demonstration project; and ``(iv) contain assurances that grant funds used to accomplish the objective described in subsection (a)(1) shall be obligated not later than 24 months after the date on which the funds are awarded and shall be expended not later than 60 months after the date on which the funds are awarded (unless the Secretary approves a waiver of either such requirement).''; and (3) in paragraph (13)-- (A) in subparagraph (A), by striking ``; and'' and inserting ``, and in such manner as will meet the reporting requirements set forth for the Transformed Medicaid Statistical Management Information System (T- MSIS);''; (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: ``(B) the State shall report on a quarterly basis on the use of grant funds by distinct activity, as described in the approved work plan, and by specific population as targeted by the State; ``(C) if the State fails to report the information required under subparagraph (B), fails to report such information on a quarterly basis, or fails to make progress under the approved work plan, the State shall implement a corrective action plan and any lack of progress under the approved work plan may result in withholding of grant funds made available to the State; and''. SEC. 5. FUNDING FOR QUALITY ASSURANCE AND IMPROVEMENT; TECHNICAL ASSISTANCE; OVERSIGHT. Section 6071(f) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and inserting the following: ``(2) Funding.--From the amounts appropriated under subsection (h)(1)(F) for each of fiscal years 2018 through 2022, $1,000,000 shall be available to the Secretary for each such fiscal year to carry out this subsection.''. SEC. 6. BEST PRACTICES EVALUATION. Section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following: ``(i) Best Practices.-- ``(1) Report.--The Secretary, directly or through grant or contract, shall submit a report to the President and Congress not later than September 30, 2020, that contains findings and conclusions on best practices from the State MFP demonstration projects carried out with grants made under this section. The report shall include information and analyses with respect to the following: ``(A) The most effective State strategies for transitioning beneficiaries from institutional to qualified community settings carried out under the State MFP demonstration projects and how such strategies may vary for different types of beneficiaries, such as beneficiaries who are aged, physically disabled, intellectually or developmentally disabled, or individuals with serious mental illnesses, and other targeted waiver beneficiary populations. ``(B) The most common and the most effective State uses of grant funds carried out under the State MFP demonstration projects for transitioning beneficiaries from institutional to qualified community settings and improving health outcomes, including differentiating funding for current initiatives that are designed for such purpose and funding for proposed initiatives that are designed for such purpose. ``(C) The most effective State approaches carried out under State MFP demonstration projects for improving person-centered care and planning. ``(D) Identification of program, financing, and other flexibilities available under the State MFP demonstration projects, that are not available under the traditional Medicaid program, and which directly contributed to successful transitions and improved health outcomes under the State MFP demonstration projects. ``(E) State strategies and financing mechanisms for effective coordination of housing financed or supported under State MFP demonstration projects with local housing authorities and other resources. ``(F) Effective State approaches for delivering Money Follows the Person transition services through managed care entities. ``(G) Other best practices and effective transition strategies demonstrated by States with approved MFP demonstration projects, as determined by the Secretary. ``(H) Identification and analyses of opportunities and challenges to integrating effective Money Follows the Person practices and State strategies into the traditional Medicaid program. ``(2) Collaboration.--In preparing the report required under this subsection, the Secretary shall collect and incorporate information from States with approved MFP demonstration projects and beneficiaries participating in such projects, and providers participating in such projects. ``(3) Funding.--From the amounts appropriated under subsection (h)(1) for each of fiscal years 2017 through 2019, not more than $300,000 shall be available to the Secretary for each such fiscal year to carry out this subsection.''. SEC. 7. MACPAC REPORT ON QUALIFIED SETTINGS CRITERIA. Section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by section 6, is amended by adding at the end the following: ``(j) MACPAC Report.--Prior to the final implementation date established by the Secretary for the criteria established for home and community-based settings in section 441.301(c)(4) of title 42, Code of Federal Regulations, as part of final implementation of the Home and Community Based Services (HCBS) Final Rule published on January 16, 2014 (79 Fed. Reg. 2947)) (referred to in this subsection as the `HCBS final rule'), the Medicaid and CHIP Payment and Access Commission (MACPAC) shall submit to Congress a report that-- ``(1) identifies the types of home and community-based settings and associated services that are available to eligible individuals in both the MFP demonstration program and sites in compliance with the HCBS final rule, including regional variation in the type and accessibility of such settings; and ``(2) recommends policies to align the criteria for a qualified residence under subsection (b)(6) (as in effect on October 1, 2017) with the criteria in the HCBS final rule.''. SEC. 8. TECHNICAL AMENDMENT. Section 6071(b) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following: ``(10) Secretary.--The term `Secretary' means the Secretary of Health and Human Services.''. SEC. 9. EFFECTIVE DATES; APPLICATION TO CURRENT PROJECTS. (a) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall take effect as if enacted on October 1, 2017. (2) Changes to institutional residency period requirement.--The amendments made by section 3 shall take effect on the date that is 30 days after the date of enactment of this Act. (b) Application to Current Projects.--Not later than 1 year after the date of enactment of this Act, any State with an approved MFP demonstration project under section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) on the date of enactment of this Act shall submit a revised application to the Secretary that contains the same information and assurances as are required for any new State applicant under the amendments made by this Act.
Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources, and Care Act or the EMPOWER Care Act This bill amends the Deficit Reduction Act of 2005 to extend funding through FY2022 for the Money Follows the Person Rebalancing Demonstration Program and to otherwise revise the program. (Under this program, the Centers for Medicare & Medicaid Services must award grants to state Medicaid programs to assist in rebalancing states' long-term care systems.)
Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources, and Care Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Transparency to Have Drug Rebates Unlocked (C-THRU) Act of 2017''. SEC. 2. PUBLIC DISCLOSURE OF DRUG DISCOUNTS. (a) In General.--Section 1150A of the Social Security Act (42 U.S.C. 1320b-23) is amended-- (1) in subsection (c), in the matter preceding paragraph (1), by striking ``this section'' and inserting ``subsection (b)(1)''; and (2) by adding at the end the following new subsection: ``(e) Public Availability of Certain Information.--In order to allow patients and employers to compare PBMs' ability to negotiate rebates, discounts, and price concessions and the amount of such rebates, discounts, and price concessions that are passed through to plan sponsors, beginning January 1, 2018, the Secretary shall make available on the Internet website of the Department of Health and Human Services the information provided to the Secretary under paragraphs (2) and (3) of subsection (b) with respect to each PBM. The Secretary shall ensure that such information is displayed in a manner that prevents the disclosure of information on rebates, discounts, and price concessions with respect to an individual drug or an individual plan.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2018. SEC. 3. MINIMUM DRUG DISCOUNTS REQUIRED TO BE PASSED THROUGH TO THE PLAN SPONSOR. (a) In General.--Section 1150A of the Social Security Act (42 U.S.C. 1320b-23), as amended by section 2(a)(2), is amended-- (1) in the heading, by inserting ``; minimum drug discounts required to be passed through to the plan sponsor'' before the period at the end; and (2) by adding at the end the following new subsection: ``(f) Minimum Drug Discounts Required To Be Passed Through to the Plan Sponsor.-- ``(1) Requirement.--Beginning January 1, 2020, a PBM that manages prescription drug coverage under a contract with a PDP sponsor or MA organization described in subsection (b)(1) or a qualified health benefits plan described in subsection (b)(2), shall, with respect to the plan sponsor of a health benefits plan, pass through to the plan sponsor a minimum percent (as established by the Secretary) of the aggregate amount of the rebates, discounts, or price concessions that the PBM negotiates that are attributable to patient utilization under the plan. ``(2) Establishment.--The Secretary shall establish the minimum percent described in paragraph (1) in such a manner as will ensure that patients receive the maximum benefit of rebates, discounts, or price concessions while taking into account the costs of negotiating such rebates, discounts, and price concessions. ``(3) Enforcement.--A PDP sponsor of a prescription drug plan or an MA organization offering an MA-PD plan under part D of title XVIII may not contract with a PBM that is not in compliance with the requirement under paragraph (1).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2020. SEC. 4. PART D NEGOTIATED PRICES REQUIRED TO TAKE INTO ACCOUNT ALL PRICE CONCESSIONS AT THE POINT-OF-SALE. (a) In General.--Section 1860D-2(d)(1)(B) of the Social Security Act (42 U.S.C. 1395w-102(d)(1)(B)) is amended-- (1) by striking ``prices.--For purposes'' and inserting ``prices.-- ``(i) In general.--For purposes''; and (2) by adding at the end the following new clause: ``(ii) Negotiated prices at point-of- sale.-- ``(I) In general.--Negotiated prices for covered part D drugs described in clause (i), including all price negotiated concessions, shall be provided at the point-of-sale of the covered part D drug. If the negotiated price, including all negotiated price concessions, is not possible to calculate at the point-of-sale, an approximate negotiated price (as established by the Secretary) shall be used under the prescription drug plan or MA-PD plan. ``(II) Approximate negotiated price.--In determining an approximate negotiated price for a covered part D drug under subclause (I), the Secretary shall ensure that-- ``(aa) such price reflects the estimated negotiated price that is based on the previous year's negotiated price concessions negotiated under the plan for all or similar covered part D drugs or is based on such other factors as the Secretary may determine appropriate; and ``(bb) the use of such price does not prevent the use of value-based contracts between drug manufacturers, PDP sponsors, MA organizations, and pharmacies.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2019.
Creating Transparency to Have Drug Rebates Unlocked (C-THRU) Act of 2017 This bill amends title XI (General Provisions) of the Social Security Act (SSAct) to require the public disclosure of certain information provided to the Department of Health and Human Services (HHS) by a pharmacy benefit manager (PBM) that contracts with: (1) a prescription drug plan (PDP) under Medicare or Medicare Advantage (MA), or (2) a qualified health benefits plan offered through an exchange established under the Patient Protection and Affordable Care Act. Specifically, HHS must publish on its website, with respect to each PBM, information regarding: (1) the amount and type of rebates and discounts negotiated by the PBM and the extent to which these rebates and discounts are passed on to the plan sponsor, and (2) the difference between the amount paid by the plan sponsor to the PBM and the amount paid by the PBM to pharmacies. As a condition of participation as a contractor under Medicare or MA, a PBM must pass on to a PDP sponsor a minimum percentage, as established by HHS, of the amount of rebates and discounts negotiated by the PBM that are attributable to patient utilization under the plan. The bill also amends title XVIII (Medicare) of the SSAct to modify requirements regarding enrollees' access to negotiated drug prices. Current law requires a PDP sponsor to provide enrollees in Medicare or MA with access to negotiated drug prices that account for rebates and discounts. The bill requires that, with respect to a covered drug, a negotiated price (or, if necessary, an approximate negotiated price) be provided at the point of sale.
Creating Transparency to Have Drug Rebates Unlocked (C-THRU) Act of 2017
SECTION 1. INCREASED FREQUENCY OF DISCLOSURE BY POLITICAL ORGANIZATIONS. (a) In General.--Paragraph (2) of section 527(j) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: ``(2) Required disclosures.-- ``(A) In general.--A political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary the reports required by subparagraphs (B) and (C). ``(B) Election years.-- ``(i) monthly disclosures for organizations receiving or expending $25,000 or more in election year.--In the case of an organization that has, or has reason to expect to have, contributions which equal or exceed $25,000, or expenditures which equal or exceed $25,000, for an exempt function in a calendar year in which a regularly scheduled election is held, the reports required by this clause are monthly reports, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. ``(ii) Quarterly disclosures for organizations receiving or expending less than $25,000.--Except as provided by clause (i), in the case of contributions accepted or expenditures made during a calendar year in which a regularly scheduled election is held, the reports required by this clause are quarterly reports, beginning with the first quarter of the calendar year in which a contribution is accepted or expenditure is made. Such reports shall be complete as of the last day of the quarter and shall be filed-- ``(I) for each of the first three calendar quarters not later than the 15th day after the last day of the calendar quarter, and ``(II) for the calendar quarter ending on December 31 not later than January 31 of the following calendar year. ``(iii) Change to monthly reporting when contributions or expenditures in excess of $25,000.--An organization which, at any time during the election year, is required to report under clause (ii), and receives contributions in excess of $25,000 or makes expenditures in excess of $25,000, shall be subject to clause (i) beginning with the next reporting period in which such excess first occurs. The first report required in a calendar year under clause (i) by reason of this clause shall include a monthly report for each of the preceding months of such calendar year in which the organization would have been required to report under clause (i) if such clause applied without regard to this clause. ``(iv) Pre- and post- election reports.-- With respect to a regularly scheduled election, the reports required by this clause are-- ``(I) a pre-election report, which shall be filed not later than the 12th day before (or posted by registered or certified mail not later than the 15th day before) any election with respect to which the organization makes a contribution or expenditure and which shall be complete as of the 20th day before the election, and ``(II) a post-general election report, which shall be filed not later than the 30th day after the general election and which shall be complete as of the 20th day after such general election. ``(C) Nonelection year.--In the case of a calendar year other than a calendar year in which a regularly scheduled election is held, the reports required by this subparagraph are a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year, ``(D) Election to file monthly reports.--An organization may elect to file monthly reports for the calendar year, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Each such report for a month shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. In lieu of filing reports otherwise due under this subparagraph in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with subparagraph (B)(iv)(I), a post-general election report shall be filed in accordance with subparagraph (B)(iv)(II), and a year end report shall be filed not later than January 31 of the following calendar year.''. (b) Effective Date.--The amendment made by this section shall apply to years beginning after December 31, 2004. SEC. 2. IMPROVED ELECTRONIC DISCLOSURE AND LINKAGE WITH FEDERAL ELECTION COMMISSION. (a) In General.--The Secretary of the Treasury, in consultation with the Federal Election Commission, shall take such actions as may be necessary to increase disclosure to the public by improving the database and disclosure system for reports required to be filed by political organizations under section 527 of the Internal Revenue Code of 1986. (b) Improved Linkage With Federal Election Commission.--The Secretary of the Treasury and the Federal Election Commission shall take such actions as may be necessary to improve the linkage between the databases for public disclosure of election-related information maintained by the Department of the Treasury and the Federal Election Commission. (c) Report to Congress.--The Secretary of the Treasury and the Federal Election Commission shall each submit reports to the Congress on the actions taken under subsections (a) and (b). The first report shall be an interim report submitted not later than July 15, 2004, and the second report shall be a final report submitted not later than January 15, 2005. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.
Amends the Internal Revenue Code to revise disclosure requirements for tax-exempt political organizations. Requires such an organization to make monthly reports in any election year in which it accepts contributions or makes expenditures of $25,000 or more. Requires quarterly reports for organizations with less than $25,000 in contributions or expenditures, but requires a change to monthly reporting upon receipt of contributions in excess of $25,000 or the making of expenditures greater than $25,000. Requires: (1) pre-election and post-election reports; and (2) semiannual reports in years in which a regularly scheduled election is not held. Requires: (1) the Secretary of the Treasury to take actions to increase disclosure to the public of tax-exempt political organization reporting; and (2) the Secretary and the Federal Election Commission (FEC) to take actions to improve the linkage between the databases for public disclosure of election related information maintained by the Department of the Treasury and the FEC.
To amend the Internal Revenue Code of 1986 to increase the frequency of disclosure of information by political organizations and to improve the linkage between databases for public disclosure of election-related information maintained by the Department of the Treasury and the Federal Election Commission.
SECTION 1. FINDINGS. Congress finds the following: (1) The insurgency in Iraq has been fueled by the United States occupation and the prospect of a long-term presence as indicated by the building of permanent United States military bases. (2) A United States declaration of an intention to withdraw United States troops and close military bases will help dampen the insurgency which has been inspired to resist colonization and fight aggressors and those who have supported United States policy. (3) A United States declaration of an intention to withdraw United States troops and close military bases will provide an opening in which parties within Iraq and in the region can set the stage for negotiations toward a peaceful settlement in Iraq. (4) The cost of withdrawing United States troops from Iraq could be as low as $10 billion according to the Congressional Budget Office. (5) A United States shift in policy away from unilateralism and toward cooperation will provide new opportunities for exploring common concerns about the situation in Iraq. (6) The United Nations is best equipped to build a political consensus in Iraq through the crafting of a political agreement. (7) The end of the occupation of Iraq creates a political environment that enables the world community to assist the United States in an orderly transition. (8) The United Nations is the only international organization with the ability to mobilize and the legitimacy to authorize peacekeeping troops. (9) The United Nations can implement the basis of an agreement that will end the occupation of Iraq and begin the transition to international peacekeepers. (10) The United Nations can field an international security and peacekeeping mission, but such a mission cannot take shape unless there is a peace to keep, and that will be dependent upon a political process which reaches agreement between all the Iraqi parties. (11) Reconstruction activities must be reorganized and closely monitored in Iraq by the Iraqi Government, with the assistance of the international community. (12) Any attempt to sell Iraqi oil assets during the United States occupation will be a significant stumbling block to peaceful resolution. (13) There must be fairness in the distribution of oil resources in Iraq. (14) A reconciliation process that brings people together is the only way to overcome their fears and reconcile their differences. (15) It is essential to create a minimum of understanding and mutual confidence between the Shiites, Sunnis, and Kurds. (16) The process of reconciliation must begin with a national conference, organized with the assistance of the United Nations and with the participation of parties that can create, participate in, and affect the process of reconciliation, defined as an airing of all grievances and the creation of pathways toward open, transparent talks producing truth and resolution of grievances. (17) The only sure path toward reconciliation is through the political process. (18) All factions and all insurgents not associated with al-Qaeda must be brought together in a relentless process which involves Saudis, Turks, Syrians, and Iranians. (19) Achieving peace requires a process of international truth and reconciliation between the people of the United States and the people of Iraq. (20) A reparations program to assist Iraqis is essential to enable reconciliation. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States that-- (1) the United States should end the occupation of Iraq immediately, simultaneously with the introduction of a United Nations-led international peacekeeping force pursuant to an agreement with nations within the region and which incorporates the terms and conditions specified in section 1; (2) the Department of Defense should use readily available existing funds to bring all United States troops and necessary equipment home while a political settlement is being negotiated and preparations are made for a transition to an international security and peacekeeping force; (3) the Department of Defense should order a simultaneous return of all United States contractors and subcontractors and turn over all contracting work to the Iraqi Government; (4) the United Nations should be encouraged to prepare an international security and peacekeeping force to be deployed to Iraq, replacing United States troops who then return home; (5) the United States should provide funding for a United Nations peacekeeping mission, in which 50 percent of the peacekeeping troops should come from nations with large Muslim populations; (6) the international security force, under United Nations direction, should remain in place until the Iraqi Government is capable of handling its own security; (7) the Iraqi Government, with assistance from the United Nations, should immediately restart the failed reconstruction program in Iraq and rebuild roads, bridges, schools, hospitals, and other public facilities, houses, and factories with jobs and job training going to local Iraqis; (8) the Iraqi Government, in an act of political sovereignty, should set aside initiatives to privatize Iraqi oil interests or other national assets and abandon all efforts, whether at the behest of the United States or otherwise, to change Iraqi national law to facilitate privatization; (9) the Iraq Government, in an act of political sovereignty, should set forth a plan to stabilize Iraq's cost for food and energy, on par to what the prices were before the United States invasion and occupation; (10) the Iraqi Government, in an act of political sovereignty, should strive for economic sovereignty for Iraq by working with the world community to restore Iraq's fiscal integrity without structural readjustment measures of the International Monetary Funds or the World Bank; (11) the United States should initiate a reparations program for the loss of Iraqi lives, physical and emotional injuries, and damage to property, which should include an effort to rescue the tens of thousands of Iraqi orphans from lives of destitution; and (12) the United States should refrain from any covert operations in Iraq and any attempts to destabilize the Iraqi Government. SEC. 3. DISENGAGEMENT OF UNITED STATES ARMED FORCES FROM IRAQ. (a) Withdrawal of Armed Forces.--Not later than the end of the 3- month period beginning on the date of the enactment of this Act, all United States Armed Forces serving in Iraq shall be completely withdrawn from Iraq and returned to the United States or redeployed outside of the Middle East. (b) Prohibition on Use of Funds To Continue Deployment of Armed Forces in Iraq.-- (1) Prohibition.--Funds appropriated or otherwise made available under any provision of law may not be obligated or expended to deploy or continue to deploy members or units of the United States Armed Forces to Iraq as part of Operation Iraqi Freedom. (2) Exceptions.--Paragraph (1) does not apply to the use of funds-- (A) to provide for the safe and orderly withdrawal of the Armed Forces from Iraq pursuant to subsection (a); (B) to ensure the security of Iraq by carrying out consultations with the Government of Iraq, other foreign governments, the United Nations, and other international organizations; or (C) to ensure the security of Iraq by funding the United Nations-led peacekeeping mission. (c) Armed Forces Defined.--In this section, the term ``Armed Forces'' has the meaning given the term in section 101(a)(4) of title 10, United States Code.
Requires that all U.S. Armed Forces be completely withdrawn from Iraq and returned to the United States or redeployed outside of the Middle East within three months of enactment of this Act. Prohibits fund use under any provision of law to deploy or continue to deploy members or units of the U.S. Armed Forces to Iraq as part of Operation Iraqi Freedom. Exempts from such prohibition fund use to: (1) provide for the Armed Forces' safe and orderly withdrawal from Iraq; (2) ensure the security of Iraq by carrying out consultations with the government of Iraq, other foreign governments, the United Nations, and other international organizations; or (3) ensure the security of Iraq by funding the U.N.-led peacekeeping mission.
To end the United States occupation of Iraq immediately.
SECTION 1. NONIMMIGRANT ALIEN STATUS FOR CERTAIN OLDER ALIENS. (a) Definitions.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended (1) in subparagraph (R), by striking ``or'' at the end; (2) in subparagraph (S), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(T) subject to section 214(m), an alien seeking to enter the United States temporarily to visit for pleasure, and having a residence in a foreign country which the alien has no intention of abandoning, who-- ``(i) the Attorney General determines-- ``(I) is at least 55 years of age at the time of application for admission; ``(II) is a citizen of Canada or a country that has been continuously designated as a pilot program country under section 217(c) for the 5 years immediately preceding the time of application for admission; ``(III) either owns a residence in the United States, in the alien's own name, or has a spouse who owns such a residence; and ``(IV) will have health coverage, throughout the period the alien will be in the United States, consistent with section 214(m)(5); or ``(ii) is the alien spouse of an alien described in clause (i), is accompanying, or following to join, the alien, and otherwise meets the requirements specified in clause (i).''. (b) Admission of Nonimmigrants.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- (1) by redesignating the subsection (j), added by section 130003(b)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025), and the subsection (k), added by section 220(b) of the Immigration and Nationality Technical Amendments Act of 1994 (Public Law 103- 416; 108 Stat. 4319), as subsections (k) and (l), respectively; and (2) by adding at the end the following: ``(m)(1) In the case of a nonimmigrant described in section 101(a)(15)(T), the period of authorized admission as such a nonimmigrant may not exceed 4 years. A visa issued under such section may be renewed for an unlimited number of additional periods (each such period not to exceed 4 years), but only where the application for admission is filed in the country of the nonimmigrant's citizenship. ``(2) The Attorney General may not authorize a nonimmigrant described in such section to engage in employment in the United States. ``(3)(A) A nonimmigrant described in such section shall not be eligible for any Federal, State, or local public benefit, except short- term, non-cash, in-kind emergency disaster relief. ``(B) For purposes of subparagraph (A), the term `Federal, State, or local public benefit' means-- ``(i) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or a State or local government or by appropriated funds of the United States or a State or local government; and ``(ii) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments of assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or a State or local government or by appropriated funds of the United States or a State or local government. ``(4) A visa shall not be issued under the provisions of section 101(a)(15)(T) unless the alien demonstrates to the satisfaction of the consular officer and the Attorney General that the alien has, and will have throughout the period the alien is in the United States, an annual gross income that equals or exceeds the amount that is two times the official poverty line (as defined by the Director of the Office of Management and Budget, as revised annually by the Secretary of Health and Human Services, in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902)) that is applicable to a family unit of a size equal to the number of members of the alien's household (including family and non-family dependents). ``(5) Any alien who seeks admission as a nonimmigrant described in section 101(a)(15)(T) is inadmissible unless the alien demonstrates at the time of issuance of the visa (and at the time of admission) to the satisfaction of the consular officer and the Attorney General that the alien-- ``(A) will have coverage, throughout the period the alien is in the United States, under an adequate health insurance policy (at least comparable to coverage provided under the medicare program under title XVIII of the Social Security Act); and ``(B) will have coverage, throughout the period the alien is in the United States, with respect to long-term health needs (at least comparable to such coverage provided under the medicaid program under title XIX of such Act for a State in which the alien, or a spouse of the alien, owns a residence.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is one year after the date of the enactment of this Act.
Amends the Immigration and Nationality Act to authorize four-year nonimmigrant visitor visas for an alien who: (1) is at least 55 years old; (2) is a citizen of Canada or a citizen of certain (visa) pilot program countries; (3) owns, or whose spouse owns, a U.S. residence; and (4) has health coverage. Prohibits such an alien from working in the United States or receiving public benefits.
To amend the Immigration and Nationality Act to permit certain aliens who are at least 55 years of age to obtain a 4-year nonimmigrant visitor's visa.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Home and Farm Wind Energy Systems Act of 2001''. SEC. 2. CREDIT FOR WIND ENERGY PROPERTY INSTALLED IN RESIDENCES AND BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30B. WIND ENERGY PROPERTY. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent (10 percent after December 31, 2011) of the amount paid or incurred by the taxpayer for qualified wind energy property placed in service or installed during such taxable year. ``(b) Limitation.--No credit shall be allowed under subsection (a) unless at least 50 percent of the energy produced annually by the qualified wind energy property is consumed on the site on which the property is placed in service or installed. ``(c) Qualified Wind Energy Property.--For purposes of this section, the term `qualified wind energy property' means a qualifying wind turbine if-- ``(1) in the case of an individual, the property is installed on or in connection with a dwelling unit which is located in the United States and which is owned and used as the taxpayer's principal residence, ``(2) the original use of which commences with the taxpayer, and ``(3) the property carries at least a 5-year limited warranty covering defects in design, material, or workmanship, and, for property that is not installed by the taxpayer, at least a 5-year limited warranty covering defects in installation. ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualifying wind turbine.--The term `qualifying wind turbine' means a wind turbine of 75 kilowatts of rated capacity or less which meets the latest performance rating standards published by the American Wind Energy Association or the International Electrotechnical Commission and which is used to generate electricity. ``(2) Principal residence.--The term `principal residence' shall have the same meaning as when used in section 121. ``(e) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(f) Special Rules.--For purposes of this section-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified wind energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified wind energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as residences. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a residence or other property, the basis of such residence or other property shall be reduced by the amount of the credit so allowed. ``(h) Application of Credit.--The credit allowed under this section shall apply to property placed in service or installed after December 31, 2001.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a residence or other property with respect to which a credit was allowed under section 30B, to the extent provided in section 30B(g).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Wind energy property.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service or installed after December 31, 2001, in taxable years ending after such date.
Home and Farm Wind Energy Systems Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for amounts paid for qualified wind energy property from which at least 50 percent of the energy produced is consumed on site.
A bill to amend the Internal Revenue Code of 1986 to provide credits for individuals and businesses for the installations of certain wind energy property.
SECTION 1. AUTHORITY TO ESTABLISH NONPROFIT CORPORATIONS. (a) Chapter 17 of title 38, United States Code, is amended by inserting after section 1718 the following new section: ``Sec. 1718A. Nonprofit corporations ``(a) The Secretary may authorize the establishment at any Veterans Health Administration facility of a nonprofit corporation (1) to arrange for therapeutic work for patients of such facility or patients of other such Department facilities pursuant to section 1718(b) of this title, and (2) to provide a flexible funding mechanism to achieve the purposes of section 1718 of this title. ``(b) The Secretary shall provide for the appointment of a board of directors for any corporation established under this section and shall determine the number of directors and the composition of the board of directors. The board of directors shall include-- ``(1) the director of the facility and other officials or employees of the facility; and ``(2) members appointed from among individuals who are not officers or employees of the Department of Veterans Affairs. ``(c) Each such corporation shall have an executive director who shall be appointed by the board of directors with concurrence of the Under Secretary for Health of the Department. The executive director of a corporation shall be responsible for the operations of the corporation and shall have such specific duties and responsibilities as the board may prescribe. ``(d) A corporation established under this section may-- ``(1) arrange with the Department of Veterans Affairs under section 1718(b)(2) of this title to provide for therapeutic work for patients; ``(2) accept gifts and grants from, and enter into contracts with, individuals and public and private entities solely to carry out the purposes of this section; and ``(3) employ such employees as it considers necessary for such purposes and fix the compensation of such employees. ``(e)(1) Except as provided in paragraph (2), any funds received by a corporation established under this section through arrangements authorized under subsection (d)(1) in excess of amounts reasonably required to carry out obligations of the corporation authorized under subsection (d)(3) shall be deposited in or credited to the Special Therapeutic and Rehabilitation Activities Fund established under section 1718(c) of this title. ``(2) The Secretary, in accordance with guidelines which the Secretary shall prescribe, may authorize a corporation established under this section to retain funds derived from arrangements authorized under subsection (d)(1). ``(3) Any funds received by a corporation established under this section through arrangements authorized under subsection (d)(2) may be transferred to the Special Therapeutics and Rehabilitation Activities Fund. ``(f) A corporation established under this section shall be established in accordance with the nonprofit corporation laws of the State in which the applicable medical facility is located and shall, to the extent not inconsistent with Federal law, be subject to the laws of such State. ``(g)(1)(A) The records of a corporation established under this section shall be available to the Secretary. ``(B) For the purposes of sections 4(a)(1) and 6(a)(1) of the Inspector General Act of 1978, the programs and operations of such a corporation shall be considered to be programs and operations of the Department with respect to which the Inspector General of the Department has responsibilities under such Act. ``(2) Such a corporation shall be considered an agency for the purposes of section 716 of title 31 (relating to availability of information and inspection of records by the Comptroller General). ``(3) Each such corporation shall submit to the Secretary an annual report providing a detailed statement of its operations, activities, and accomplishments during that year. The corporation shall obtain a report of independent auditors concerning the receipts and expenditures of funds by the corporation during that year and shall include that report in the corporation's report to the Secretary for that year. ``(4) Each member of the board of directors of a corporation established under this section, each employee of such corporation, and each employee of the Department who is involved in the functions of the corporation during any year shall-- ``(A) be subject to Federal laws and regulations applicable to Federal employees with respect to conflicts of interest in the performance of official functions; and ``(B) submit to the Secretary an annual statement signed by the director or employee certifying that the director or employee is aware of, and has complied with, such laws and regulations in the same manner as Federal employees are required to. ``(h) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report on the number and location of corporations established and the amount of the contributions made to each such corporation. ``(i) No corporation may be established under this section after September 30, 1999. ``(j) If by the end of the four-year period beginning on the date of the establishment of a corporation under this section the corporation is not recognized as an entity the income of which is exempt from taxation under the Internal Revenue Code of 1986, the Secretary shall dissolve the corporation.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1718 the following new item: ``1718A. Nonprofit corporations.''. SEC. 2. EXTENSION OF DEMONSTRATION PROGRAM. Section 7 of Public Law 102-54 (105 Stat. 269; 38 U.S.C. 618 note) is amended-- (1) in subsection (a), by striking out ``1994'' and inserting in lieu thereof ``1997''; (2) in subsection (c)-- (A) by striking out ``no more than 50''; and (B) by striking out ``of this subsection.'' and inserting in lieu thereof ``of this subsection-- ``(1) at no more than 55 sites during fiscal year 1994; ``(2) at no more than 60 sites during fiscal year 1995; ``(3) at no more than 65 sites during fiscal year 1996; and ``(4) at no more than 70 sites during fiscal year 1997.''; and (3) in subsection (k), by inserting after the second sentence the following: ``During the period covering fiscal years 1994 through 1997, the Secretary shall manage the costs of acquisition, management, maintenance, and disposition of real property acquired for such program after October 1, 1994, in such manner as to assure that in any fiscal year the total amount of such expenditures do not exceed $500,000.''.
Authorizes the Secretary of Veterans Affairs to establish at any Veterans Health Administration facility a nonprofit corporation to: (1) arrange for therapeutic work for patients of such facility or other Department of Veterans Affairs facilities; and (2) provide a funding mechanism to achieve such purposes. Requires the appointment of a board of directors for any such corporation. Requires excess funds received by a corporation to be deposited into the Special Therapeutic and Rehabilitation Activities Fund. Requires an annual corporation report to the Secretary concerning operations, accomplishments, and activities. Requires an annual report from the Secretary to the Congress. Prohibits the establishment of any such corporation after FY 1999. Requires a corporation to be dissolved if not recongized as tax-exempt by the Internal Revenue Service within four years of its establishment. Extends through FY 1997 (currently 1994) the Department's compensated work therapy and therapeutic transitional housing demonstration program. Removes the 50-residence limit under the housing program, increasing such amount by five for each of FY 1994 through 1997. Limits the expenditures for each such fiscal year for the costs of acquisition, management, maintenance, and disposition of real property for program purposes.
To amend title 38, United States Code, to improve the ability of the Department of Veterans Affairs to provide continuity of care in the rehabilitation of chronically mentally ill veterans, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Supervisor Training Act of 2006''. SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS. (a) In General.--Section 4121 of title 5, United States Code, is amended-- (1) by inserting before ``In consultation with'' the following: ``(a) In this section, the term `supervisor' means-- ``(1) a supervisor as defined under section 7103(a)(10); ``(2) a management official as defined under section 7103(a)(11); and ``(3) any other employee as the Office of Personnel Management may by regulation prescribe.''; (2) by striking ``In consultation with'' and inserting ``(b) Under operating standards promulgated by, and in consultation with,''; and (3) by striking paragraph (2) (of the matter redesignated as subsection (b) as a result of the amendment under paragraph (2) of this subsection) and inserting the following: ``(2)(A) a program to provide interactive instructor-based training to supervisors on actions, options, and strategies a supervisor may use in-- ``(i) developing and discussing relevant goals and objectives together with the employee, communicating and discussing progress relative to performance goals and objectives and conducting performance appraisals; ``(ii) mentoring and motivating employees and improving employee performance and productivity; ``(iii) effectively managing employees with unacceptable performance; and ``(iv) otherwise carrying out the duties or responsibilities of a supervisor; ``(B) a program to provide interactive instructor-based training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under subsection (b) (1) and (8) of that section) and the procedures and processes used to enforce employee rights; and ``(C) a program under which experienced supervisors mentor new supervisors by-- ``(i) transferring knowledge in areas such as communication, critical thinking, responsibility, flexibility, motivating employees, and teamwork; and ``(ii) pointing out strengths and areas for development. ``(c)(1) Not later than 1 year after the date on which an individual is appointed to the position of supervisor, that individual shall be required to have completed each program established under subsection (b)(2). ``(2) After completion of a program under subsection (b)(2) (A) and (B), each supervisor shall be required to complete a program under subsection (b)(2) (A) and (B) at least once during each 3-year period. ``(3) Each program established under subsection (b)(2) shall include provisions under which credit shall be given for periods of similar training previously completed. ``(d) Notwithstanding section 4118(c), the Office of Personnel Management shall prescribe regulations to carry out this section, including the monitoring of agency compliance with this section.''. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall prescribe regulations in accordance with subsection (d) of section 4121 of title 5, United States Code, as added by subsection (a) of this section. (c) Effective Date and Application.-- (1) In general.--The amendments made by this section shall take effect 180 days after the date of enactment of this Act and apply to-- (A) each individual appointed to the position of a supervisor, as defined under section 4121(a) of title 5, United States Code, (as added by subsection (a) of this section) on or after that effective date; and (B) each individual who is employed in the position of a supervisor on that effective date as provided under paragraph (2). (2) Supervisors on effective date.--Each individual who is employed in the position of a supervisor on the effective date of this section shall be required to-- (A) complete each program established under section 4121(b)(2) of title 5, United States Code (as added by subsection (a) of this section), not later than 3 years after the effective date of this section; and (B) complete programs every 3 years thereafter in accordance with section 4121(c) (2) and (3) of such title. SEC. 3. MANAGEMENT COMPETENCY STANDARDS. (a) In General.--Chapter 43 of title 5, United States Code, is amended-- (1) by redesignating section 4305 as section 4306; and (2) inserting after section 4304 the following: ``Sec. 4305. Management competency standards ``(a) In this section, the term `supervisor' means-- ``(1) a supervisor as defined under section 7103(a)(10); ``(2) a management official as defined under section 7103(a)(11); and ``(3) any other employee as the Office of Personnel Management may by regulation prescribe. ``(b) The Office of Personnel Management shall issue guidance to agencies on standards supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees. ``(c) Each agency shall-- ``(1) develop standards to assess the performance of each supervisor and in developing such standards shall consider the guidance developed by the Office of Personnel Management under subsection (b) and any other qualifications or factors determined by the agency; ``(2) assess the overall capacity of the supervisors in the agency to meet the guidance developed by the Office of Personnel Management issued under subsection (b); and ``(3) develop and implement a supervisor training program to strengthen issues identified during such assessment. ``(d) Every year, or on any basis requested by the Director of the Office of Personnel Management, each agency shall submit a report to the Office on the progress of the agency in implementing this section.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 43 of title 5, United States Code, is amended by striking the item relating to section 4305 and inserting the following: ``4305. Management competency standards. ``4306. Regulations.''. (2) Reference.--Section 4304(b)(3) of title 5, United States Code, is amended by striking ``section 4305'' and inserting ``section 4306''.
Federal Supervisor Training Act of 2006 - Revises provisions relating to specific training programs for managers of federal agencies. Specifies that the head of each federal agency shall establish: (1) a program to provide training to supervisors on prohibited personnel practices; and (2) a program under which experienced supervisors mentor new supervisors. Directs the Office of Personnel Management (OPM) to issue guidance to federal agencies on standards supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees. Requires each agency to: (1) develop standards to assess the performance of each supervisor and, in developing such standards, to consider such guidance developed by OPM and any other qualifications or factors determined by the agency; (2) assess the overall capacity of the supervisors in the agency to meet such guidance; and (3) develop and implement a supervisor training program to strengthen issues identified during such assessment. Instructs each agency, every year, or on any basis requested by the Director of OPM, to submit a report to OPM on the progress of such agency in implementing the requirements specified above with respect to developing those standards.
A bill to amend chapter 41 of title 5, United States Code, to provide for the establishment and authorization of funding for certain training programs for supervisors of Federal employees.
SECTION 1. NO INCREASE IN PAY OF MEMBERS OF CONGRESS. (a) Short Title.--This section may be cited as the ``The No Pay Raise for Congress Until the Budget is Balanced Act''. (b) Findings.--Congress makes the following findings: (1) Article I, section 9, of the United States Constitution makes Congress responsible for all money drawn from the United States Treasury. (2) The United States national debt now exceeds $12,600,000,000,000. (3) The Federal budget deficit is projected to amount to $1,300,000,000,000 for fiscal year 2010 and the annual deficits will average nearly $1,000,000,000,000 for the next decade, according to the Congressional Budget Office. (4) Each American's share of the United States national debt amounts to more than $41,000. (5) The United States national debt increases more than $4,000,000,000 each day. (6) Foreign investors held 48 percent of the United States' outstanding public debt at the end of 2009, including $776,400,000,000 the United States owes to Communist China. (7) For the first time ever, the Federal budget deficit has been singled out as the most important issue facing the future of the country, according to a Gallup poll conducted between March 4 and March 7, 2010. (8) In the last six months, Congress has passed 4 major extension bills, costing taxpayers nearly $30,000,000,000. (9) Eighty-three percent of Americans say the size of the Federal budget deficit is due to the unwillingness of politicians to cut Government spending and just 11 percent think the Government spends taxpayers' money wisely, according to a national survey conducted between February 2 and February 3, 2010, by Rasmussen Reports. (10) More than twice as many United States adults (58 percent) say that debt owed to China is a more serious threat to the long-term security and well-being of the United States than is terrorism from radical Islamic terrorists (27 percent), according to a Zogby Interactive survey conducted between February 17 and February 19, 2010. (11) For the reasons specified in paragraphs (1) through (10)-- (A) Congress should make balancing the Federal budget an urgent priority to protect the national security, financial stability, and standard of living of the United States; (B) because Congress has long refused to make the tough decisions necessary to cut wasteful spending, reducing the national debt limit is the only sure way to force Congress to live within its means; (C) the pay for members of Congress, who are constitutionally responsible for the money drawn from the United States Treasury and the debt that results from excessive spending, should not be increased until Congress has balanced the Federal budget; and (D) Congress should no longer approve irresponsible legislation that adds to the deficit and burdens future generations with more debt. (c) Restrictions on Pay of Members of Congress.-- (1) Restriction on cola adjustments.--Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during fiscal year 2011 or any succeeding fiscal year, until the fiscal year following the first fiscal year that the annual Federal budget deficit is $0 as determined in the report submitted under paragraph (2). (2) Determinations and reports.-- (A) In general.--Not later than 30 days after the end of each fiscal year, the Secretary of the Treasury shall-- (i) make a determination of whether or not the annual Federal budget deficit was $0 for that fiscal year; and (ii) if the determination is that the annual Federal budget deficit was $0 for that fiscal year, submit a report to Congress of that determination. (B) Restriction of cola adjustments.--Not later than the end of each calendar year, the Secretary of the Treasury shall submit a report to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives on-- (i) any determination made under subparagraph (A); and (ii) whether or not the restriction under paragraph (1) shall apply to the succeeding fiscal year. SEC. 2. REPEAL OF INCREASE OF THE OFFICE BUDGETS OF MEMBERS OF CONGRESS. Of the funds made available under Public Law 111-68 for the legislative branch (except for any account under the heading ``CAPITOL POLICE''), $100,000,000 in unobligated balances are rescinded: Provided, That none of the funding available for the legislative branch be available for any pilot program for mailings of postal patron postcards by Senators for the purpose of providing notice of a town meeting by a Senator in a county (or equivalent unit of local government) at which the Senator will personally attend. SEC. 3. RESCISSION OF UNSPENT AND UNCOMMITTED FEDERAL FUNDS. (a) In General.--Notwithstanding any other provision of law, of all available unobligated Federal funds, $9,200,000,000 in discretionary, unexpired funds are rescinded. (b) Implementation.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) identify the accounts and amounts rescinded to implement subsection (a); and (2) submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission.
No Pay Raise for Congress Until the Budget is Balanced Act - Eliminates automatic cost of living adjustments (COLAs) for Members of Congress during FY2011 or any succeeding fiscal year, until the fiscal year following the first fiscal year that the annual federal budget deficit is $0. Requires the Secretary of the Treasury to: (1) determine whether or not the annual federal budget deficit was $0 for that fiscal year, and if so, report that determination to Congress; and (2) report that determination also to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives, as well as whether or not such COLA restriction shall apply to the succeeding fiscal year. Rescinds $100 million in unobligated balances of funds made available under the Legislative Branch Appropriations Act, 2010, except for any Capitol Police account. Prohibits the availability of such funds for any pilot program for mailings of postal patron postcards by Senators to provide notice of a town meeting by a Senator in a county or local government at which he or she will personally attend. Rescinds $9.2 billion in discretionary, unexpired funds out of all available unobligated federal funds. Requires the Director of the Office of Management and Budget (OMB) to: (1) identify the accounts and amounts rescinded to implement this Act; and (2) report to the Secretary of the Treasury and Congress on them.
A bill to require Congress to lead by example and freeze its own pay and fully offset the cost of the extension of unemployment benefits and other Federal aid.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Affordability Act of 2007''. SEC. 2. ALLOWANCE OF DEDUCTION FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and inserting after section 223 the following new section: ``SEC. 224. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Deduction.--In the case of an individual for whom there are 1 or more qualifying individuals with respect to such individual, there shall be allowed as a deduction an amount equal to so much of the employment-related expenses paid by such individual during the taxable year as do not exceed-- ``(1) $13,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) 200 percent of the dollar amount in effect under paragraph (1) for the taxable year if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualifying individual; employment-related expenses.-- The terms `qualifying individual' and `employment-related expenses' shall have the respective meanings given such terms by section 21(b). ``(2) Denial of double benefit.-- ``(A) Coordination with dependent care assistance program.--The amount of employment-related expenses otherwise taken into account under subsection (a) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(B) Coordination with credit for employment- related expenses.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the employment-related expenses of the taxpayer if the taxpayer elects to have section 21 apply for such taxable year. ``(3) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualified individual described in section 21(b)(1)(C), for purposes of paragraph (4), such spouse shall be deemed for each month during which such spouse is a full- time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(A) \1/12\ of the amount in effect under subsection (a)(1) if such subsection applies for the taxable year, or ``(B) \1/12\ of the amount in effect under subsection (a)(2) if such subsection applies for the taxable year. In the case of any husband and wife, this paragraph shall apply with respect to only one spouse for any one month. ``(4) Other special rules.--Rules similar to the rules of subsections (d)(1) and (e) of section 21 shall apply for purposes of this section. ``(c) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2008, the dollar amount under subsection (a)(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 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Deductible Whether or Not Taxpayer Itemizes.--Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (21) the following new paragraph: ``(22) Expenses for household and dependent care services necessary for gainful employment.--The deduction allowed by section 224.''. (c) Conforming Amendments.-- (1) Subsection (e) of section 213 is amended by inserting ``or deduction under section 224'' after ``section 21''. (2) Paragraph (2) of section 6213(g) is amended-- (A) by striking ``or'' in subparagraph (H) and inserting ``, section 224 (relating to expenses for household and dependent care services necessary for gainful employment), or'', and (B) by striking ``or 32'' in subparagraph (L) and inserting ``32, or 224''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid in taxable years beginning after the date of the enactment of this Act. SEC. 3. MODIFICATION OF CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. (a) In General.-- (1) Increase in credit limitation.--Subsection (c) of section 21 of the Internal Revenue Code of 1986 (relating to dollar limit on amount creditable) is amended-- (A) by striking ``$3,000'' in paragraph (1) and inserting ``13,000'', and (B) by striking ``$6,000'' in paragraph (2) and inserting ``200 percent of the dollar amount in effect under paragraph (1) for the taxable year''. (2) Inflation adjustment.--Section 21 of such Code is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2008, the dollar amount under subsection (a)(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 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.''. (3) Increase in deemed earned income amounts.--Paragraph (2) of section 21(d) of such Code (relating to special rules for spouse who is a student or incapable of caring for himself) is amended-- (A) by striking ``$250 if subsection (c)(1)'' in subparagraph (A) and inserting ``\1/12\ of the amount in effect under subsection (c)(1) if such subsection'', and (B) by striking ``$500 if subsection (c)(2)'' in subparagraph (B) and inserting ``\1/12\ of the amount in effect under subsection (c)(2) if such subsection''. (b) Coordination With Deduction for Employment-Related Expenses.-- Subsection (e) of section 21 of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(11) Election to have section apply.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year.''. (c) Credit Made Refundable.-- (1) Credit moved to subpart relating to refundable credits.--Such Code is amended-- (A) by redesignating section 36 as section 37, (B) by redesignating section 21, as amended by this section, as section 36, and (C) by moving section 36 (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 (as so redesignated) in subpart C of part IV of subchapter A of chapter 1. (d) Conforming Amendments.-- (1) Section 224(b) of such Code, as added by this Act, is amended-- (A) by striking ``section 21(b)'' in paragraph (1) and inserting ``section 36(b)'', (B) by striking ``section 21'' in paragraph (2)(B) and inserting ``section 36'', (C) by striking ``section 21(b)(1)(C)'' in paragraph (3) and inserting ``section 36(b)(1)(C)'', and (D) by striking ``section 21'' in paragraph (4) and inserting ``section 36''. (2) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36''. (3) Paragraph (2) of section 6213(g) of such Code is amended by striking ``section 21'' each place it appears and inserting ``section 36''. (4) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 36,'' after ``section 35''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 21. (6) The table of sections for subpart C of part IV of subchaper A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Expenses for household and dependent care services necessary for gainful employment. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid in taxable years beginning after the date of the enactment of this Act.
Child Care Affordability Act of 2007 - Amends the Internal Revenue Code to: (1) allow a tax deduction for expenses paid for household and dependent care services necessary for gainful employment; (2) increase the dollar limitation on the tax credit for such expenses; (3) provide for an inflation adjustment after 2008 to the dollar amounts for such tax deduction and tax credit; and (4) make such tax credit refundable.
To amend the Internal Revenue Code of 1986 to allow a deduction for expenses paid for household and dependent care services necessary for gainful employment and to increase, and make refundable, the credit for such expenses.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Article V Records Transparency Act of 2017''. SEC. 2. COMPILATION AND TRANSMISSION TO CONGRESS OF APPLICATIONS AND RESCISSIONS OF APPLICATIONS TO CALL A CONVENTION FOR PROPOSING AMENDMENTS TO THE CONSTITUTION AND RESCISSIONS OF THOSE APPLICATIONS. (a) Compilation and Transmission.--The Archivist of the United States (hereinafter in this Act referred to as the ``Archivist'') shall, in accordance with this Act-- (1) make an organized compilation, to the extent feasible, of all applications and rescissions of applications, ever made by States under article V of the Constitution, to call a convention for proposing amendments to the Constitution; and (2) transmit to Congress and transmit to the chairmen of the Committees on the Judiciary of the House of Representatives and Senate that compilation, together with both physical and electronic copies of each such application and rescission. (b) Sources for Compilation.--In complying with subsection (a) the Archivist shall use the records contained in the National Archive and Records Administration, and take other appropriate action, including using outside resources, to obtain an official copy of any application or rescission that may not be in such records. (c) Timing of Transmittal.--The Archivist shall transmit the compilation, containing all the known applications or rescissions according to the following schedule: ---------------------------------------------------------------------------------------------------------------- Year After Enactment Applications and Rescissions Required to be Submitted ---------------------------------------------------------------------------------------------------------------- 1 Year after enactment....................... Applications and rescissions 1970 and later ---------------------------------------------------------------------------------------------------------------- 2 Years after enactment...................... Applications and rescissions 1920 through 1969 ---------------------------------------------------------------------------------------------------------------- 3 Years after enactment...................... Applications and rescissions 1870 through 1919 ---------------------------------------------------------------------------------------------------------------- 4 Years after enactment...................... Applications and rescissions 1820 through 1869 ---------------------------------------------------------------------------------------------------------------- 5 Years after enactment..................... Applications and rescissions before 1820 ---------------------------------------------------------------------------------------------------------------- (d) Report on Extent of Missing Applications or Rescissions.--The Archivist shall submit to Congress a report detailing the extent of suspected missing applications or rescissions not included in each compilation under subsection (c), to accompany each transmittal required under subsection (c). (e) Cataloging Applications.--The Archivist shall, in compiling the applications and rescissions, catalog them by year of submission and State, and include that information in the material transmitted to Congress. (f) Savings Clause.--Nothing contained within the transmittal required under subsection (a) or in the report required by subsection (b) shall be considered an official source or designation of valid state applications and rescissions under article V of the Constitution. SEC. 3. DUTIES OF THE COMMITTEES ON THE JUDICIARY. (a) Designation of Applications and Rescissions.--Upon receipt by Congress of the compilation described in section 2(a), the respective committees on the judiciary in each House of Congress shall designate the applications and rescissions contained in such compilation for public availability on a publicly accessible website not later than 6 months after receiving such compilation as required under section 2(c). (b) Continuing Designations of Applications and Rescissions.--The respective committees on the judiciary in each House of Congress shall update the compilation in the public websites maintained by them under subsection (a) by designating the receipt of any application or rescission submitted under article V of the Constitution to call a convention for proposing amendments to the Constitution that-- (1) was not included in the initial compilation as transmitted under section 2; and (2) is a new application or rescission or otherwise comes to the attention of the committee. SEC. 4. RECOMMENDED PROCEDURES FOR TRANSMISSION OF APPLICATIONS AND RESCISSIONS. The Congress recommends the following procedures to make uniform and simplify the process by which State legislatures make an application, or a rescission of an application, under article V of the Constitution to call a convention for proposing amendments to the Constitution: (1) Officers to transmit and receive applications.--After the adoption by the legislature of a State of an application or rescission, the secretary of state of the State, or if there be no such officer, the person who is charged by the State law with such function, should submit to Congress at least two copies of the resolution or other measure containing the application or rescission, one copy addressed to the President of the Senate, and one copy to the Speaker of the House of Representatives. (2) Contents of resolution or measure.--Each copy of the resolution or measure should contain-- (A) its exact text, with the authenticating signature of the relevant officer of the legislature; and (B) the date on which the legislature adopted the resolution or measure. (3) Other forms of application or recision.--If a State submits an application or rescission in a manner that is inconsistent with this section, and the application or rescission does not have an authenticating signature of a member of the respective states legislature, the Clerk of the House or the Secretary of the Senate shall confirm the authenticity of the application or rescission through a search of public records. If unable to confirm through a public records search, the Clerk of the House or Secretary of the Senate shall notify the appropriate State official and request a letter from that State official, with the authenticating signature of that State official, confirming the application or rescission's authenticity. (4) Noncompliance with the recommendations of this section not a basis for congress to refuse to accept an application or rescission.--The failure of a State legislature to comply with any of the procedures recommended in this section is not a basis for a refusal by Congress to accept or count an application or rescission. SEC. 5. SAVINGS CLAUSE. Nothing in this Act shall be interpreted to expand in any way the specific, limited duties assigned to Congress under article V of the Constitution. SEC. 6. DEFINITIONS. In this Act-- (1) the terms ``transmit to Congress'' and ``submit to Congress'' mean transmission or submission, as the case may be, to the Speaker of the House of Representatives, the President of the Senate; (2) the term ``application'' means any resolution or other measure, agreed upon by a State legislature, that purports to be a request to Congress to call a convention pursuant to article V of the Constitution; and (3) the term ``rescission'' means any resolution or other measure, agreed upon by a State legislature, that purports to make null and void an application previously submitted by the State legislature. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.. (a) For Carrying Out This Act.--There are authorized to be appropriated to the National Historical Publications and Records Commission $2,000,000 for the purposes of carrying out this act for each of the fiscal years 2018 through 2023. (b) Historical Record Grant Program.--Section 2504(g)(1) of title 44, United States Code, is amended by adding at the end the following: ``(T) $3,000,000 for each of the fiscal years 2018 through 2023.''.
Article V Records Transparency Act of 2017 This bill directs the National Archives and Records Administration (NARA) to make and transmit to Congress an organized compilation of all applications and rescissions of applications ever made by states under article V of the Constitution to call a convention for proposing constitutional amendments. NARA must: (1) use NARA records and outside sources to obtain an official copy of any application or rescission that may not be in such records, (2) submit a report on the extent of suspected missing applications or rescissions not included in each compilation, and (3) catalog the applications and rescissions by year of submission and state. The committees on the judiciary in each chamber shall designate the applications and rescissions contained in such compilation for public availability on a website and update the compilation as specified. In order to simplify and make uniform the process by which state legislatures make such an application or rescission, Congress recommends that after adoption of an application or rescission by a state legislature, the secretary of state or other state official should submit at least two copies of the measure containing the application or rescission to Congress, one copy addressed to the President of the Senate and one copy to the Speaker of the House of Representatives.
Article V Records Transparency Act of 2017
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Restoration Act''. SEC. 2. GULF COAST ECOSYSTEM RESTORATION. (a) Definitions.--In this section: (1) Chair.--The term ``Chair'' means the Chair of the Task Force appointed under subsection (d)(3). (2) State coastal ecosystem restoration plan.--The term ``State Coastal Ecosystem Restoration Plan'' means a plan submitted under subsection (c) by a qualifying State to the Task Force. (3) Fund.--The term ``Fund'' means the Gulf Coast Ecosystem Restoration Fund established by subsection (b)(2)(A). (4) Governors.--The term ``Governors'' means the Governors of each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. (5) Gulf coast ecosystem.--The term ``Gulf Coast ecosystem'' means the coastal zones, as determined pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), of the States of Alabama, Florida, Louisiana, Mississippi, and Texas and adjacent State waters and areas of the outer Continental Shelf, adversely impacted by the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Qualifying state.--The term ``qualifying State'' means each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. (8) Task force.--The term ``Task Force'' means the Gulf Coast Ecosystem Restoration Task Force established by subsection (d). (b) Gulf Coast Ecosystem Restoration.-- (1) In general.--In accordance with this section, the Chair shall review and approve or disapprove State Coastal Ecosystem Restoration Plans submitted by the Governors that provide for restoration activities with respect to the Gulf Coast ecosystem. (2) Gulf coast ecosystem restoration fund.-- (A) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Gulf Coast Ecosystem Restoration Fund''. (B) Transfers to fund.--Notwithstanding any other provision of law, the Secretary of the Treasury shall deposit into the Fund amounts equal to not less than 80 percent of any amounts collected by the United States as penalties, settlements, or fines under sections 309 and 311 of the Federal Water Pollution Control Act (33 U.S.C. 1319, 1321) in relation to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment. (C) Authorized uses.--The Fund shall be available to the Chair for the conservation, protection, and restoration of the Gulf Coast ecosystem in accordance with State Coastal Ecosystem Restoration Plans submitted by the Governors and approved by the Chair under this section. (3) Disbursement.--The Chair shall disburse to each qualifying State for which the Chair has approved a State Coastal Ecosystem Restoration Plan under this section such funds as are allocated to the qualifying State under this section. (4) Use of funds by qualifying state.--A qualifying State shall use all amounts received under this section, including any amount deposited in a trust fund that is administered by the State and dedicated to uses consistent with this section, in accordance with all applicable Federal and State law, only for 1 or more of the following purposes: (A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetlands. (B) Mitigation of damage to fish, wildlife, or natural resources. (C) Planning assistance and the administrative costs of complying with this section. (D) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan. (c) State Coastal Ecosystem Restoration Plan.-- (1) Submission of state plans.-- (A) In general.--Not later than October 1, 2011, the Governor of a qualifying State shall submit to the Chair a State Coastal Ecosystem Restoration Plan. (B) Public participation.--In carrying out subparagraph (A), the Governor shall solicit local input and provide for public participation in the development of the plan. (2) Approval.-- (A) In general.--The Chair must approve a plan of a qualifying State submitted under paragraph (1) before disbursing any amount to the qualifying State under this section. (B) Required components.--The Chair shall approve a plan submitted by a qualifying State under paragraph (1) if-- (i) the Chair determines that the plan is consistent with the uses described in subsection (b); and (ii) the plan contains-- (I) the name of the State agency that will have the authority to represent and act on behalf of the State in dealing with the Secretary for purposes of this section; (II) a program for the implementation of the plan that describes how the amounts provided under this section to the qualifying State will be used; and (III) a certification by the Governor that ample opportunity has been provided for public participation in the development and revision of the plan. (3) Amendments.--Any amendment to a plan submitted under paragraph (1) shall be-- (A) developed in accordance with this subsection; and (B) submitted to the Chair for approval or disapproval under paragraph (4). (4) Procedure.--Not later than 60 days after the date on which a plan or amendment to a plan is submitted under paragraph (1) or (3), respectively, the Chair shall approve or disapprove the plan or amendment. (d) Gulf Coast Ecosystem Restoration Task Force.-- (1) Establishment.--There is established the Gulf Coast Ecosystem Restoration Task Force. (2) Membership.--The Task Force shall consist of the following members, or in the case of a Federal agency, a designee at the level of Assistant Secretary or the equivalent: (A) The Secretary. (B) The Secretary of Commerce. (C) The Secretary of the Army. (D) The Attorney General. (E) The Secretary of Homeland Security. (F) The Administrator of the Environmental Protection Agency. (G) The Commandant of the Coast Guard. (H) The Secretary of Transportation. (I) The Secretary of Agriculture. (J) A representative of each affected Indian tribe, appointed by the Secretary based on the recommendations of the tribal chairman. (K) Two representatives of each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas, appointed by the Governor of each State, respectively. (L) Two representatives of local government within each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas, appointed by the Governor of each State, respectively. (3) Chair.--The Chair of the Task Force shall be appointed by the President from among the members under paragraph (2) who are Federal officials. (4) Duties of the task force.--The Task Force shall-- (A) consult with, and provide recommendations to, the Chair regarding the approval of State Coastal Ecosystem Restoration Plans; (B) coordinate scientific and other research associated with restoration of the Gulf Coast ecosystem; and (C) submit an annual report to Congress that summarizes the State Coastal Ecosystem Restoration Plans submitted by the Governors and approved by the Chair. (5) Application of the federal advisory committee act.--The Task Force shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.).
Gulf Coast Restoration Act - Establishes the Gulf Coast Ecosystem Restoration Task Force, which shall: (1) consult with, and provide recommendations to, the Chair of the Task Force regarding approval of State Coastal Ecosystem Restoration Plans submitted by the governors of Alabama, Florida, Louisiana, Mississippi, and Texas providing for restoration activities the Gulf Coast ecosystem adversely impacted by the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon on April 20, 2010; (2) coordinate scientific and other research associated with restoration of such ecosystem; and (3) submit an annual report to Congress that summarizes the Plans approved by the Chair. Establishes in the Treasury the Gulf Coast Ecosystem Restoration Fund. Directs the Secretary of the Treasury to deposit into the Fund sums equal to not less than 80% of any amounts collected by the United States as penalties, settlements, or fines under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in relation to the Deepwater Horizon explosion and resulting hydrocarbon releases into the environment. Makes the Fund available for the conservation, protection, and restoration of the Gulf Coast ecosystem in accordance with approved Plans. Requires the governors of such states to: (1) submit a Plan to the Chair by October 1, 2011; and (2) solicit local input and provide for public participation in the development of the Plan. Requires the Chair to disburse amounts from such Fund to such a state for which the Chair has approved a Plan only for: (1) projects and activities for the conservation, protection, or restoration of coastal areas, including wetlands; (2) mitigation of damage to fish, wildlife, or natural resources; (3) planning assistance and the administrative costs of complying with this Act; and/or (4) implementation of a federally approved marine, coastal, or comprehensive conservation management plan.
To provide for restoration of the coastal areas of the Gulf of Mexico affected by the Deepwater Horizon oil spill, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Labor-Management Partnership Act of 2007''. SEC. 2. FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL. (a) Establishment.--There is established a council to be known as the Federal Labor-Management Partnership Council (hereinafter in this Act referred to as the ``Council''). The Council shall be composed of-- (1) the Director of the Office of Personnel Management; (2) the Deputy Director for Management of the Office of Management and Budget; (3) a deputy secretary (or other officer with agency-wide authority) from each of 2 agencies not otherwise represented on the Council, who shall be appointed by the President; (4) the Chairman of the Federal Labor Relations Authority; (5) the Director of the Federal Mediation and Conciliation Service; (6) 2 members who shall be appointed by the President to represent the respective labor organizations representing (as exclusive representatives) the first and second largest numbers of Federal employees subject to chapter 71 of title 5, United States Code, or any other authority permitting such employees to select an exclusive representative; (7) 4 members who shall be appointed by the President to represent labor organizations representing (as exclusive representatives) substantial numbers of Federal employees subject to chapter 71 of title 5, United States Code, or any other authority permitting such employees to select an exclusive representative-- (A) each of whom shall be selected giving due consideration to such factors as the relative numbers of Federal employees represented by the various organizations; and (B) not more than 2 of whom may, at any time, be representatives of the same labor organization or council, federation, alliance, association, or affiliation of labor organizations; (8) 1 member who shall be appointed by the President to represent the organization representing the largest number of senior executives; and (9) 1 member who shall be appointed by the President to represent the organization representing the largest number of Federal managers. (b) Responsibilities and Functions.--The Council shall advise the President on matters involving labor-management relations in the executive branch. Its activities shall include-- (1) supporting the creation of local labor-management partnership councils that promote partnership efforts in the executive branch; (2) collecting and disseminating information about and providing guidance on partnership efforts in the executive branch, including the results of those efforts; (3) using the expertise of individuals, both inside and outside the Federal Government, to foster partnership arrangements in the executive branch; and (4) proposing statutory changes to improve the civil service to better serve the public and carry out the mission of the various agencies. (c) Administration.-- (1) Chairperson.--The President shall designate a member of the Council who is a full-time Federal employee to serve as the Chairperson. The Council shall meet at the call of the Chairperson or a majority of its members. (2) Outside input.--The Council shall seek input from agencies not represented on the Council, particularly smaller agencies. It may also from time to time, in the discretion of the Council, invite experts from the private and public sectors to submit information. The Council shall also seek input from companies, nonprofit organizations, State and local governments, Federal employees, and customers of Federal services, as needed. (3) Assistance of the office of personnel management.--To the extent permitted by law and subject to the availability of appropriations, the Director of the Office of Personnel Management shall, upon request, provide such staff, facilities, support, and administrative services to the Council as the Director considers appropriate. (4) No compensation.--Members of the Council shall serve without compensation for their work on the Council. (5) Cooperation of other agencies.--All agencies shall, to the extent permitted by law, provide to the Council such assistance, information, and advice as the Council may request. (d) General Requirements.-- (1) Reporting to congress.--Any reporting to or appearances before Congress that may be requested or required of the Council shall be made by the Chairperson of the Council. (2) Terms of membership.--A member under paragraph (3), (6), (7), (8), or (9) of subsection (a) shall be appointed for a term of 3 years, except that any individual chosen to fill a vacancy under any of those paragraphs shall be appointed for the unexpired term of the member replaced and shall be chosen subject to the same conditions as applied with respect to the original appointment. (3) Service after expiration of term.--A member under paragraph (3), (6), (7), (8), or (9) of subsection (a) may serve after the expiration of such member's term until a successor has taken office, but for not more than 60 days after such term expires. (4) Not special government employees.--A member who is not otherwise a Federal employee shall not be considered a special Government employee for any purpose. SEC. 3. IMPLEMENTATION OF LABOR-MANAGEMENT PARTNERSHIPS THROUGHOUT THE EXECUTIVE BRANCH. The President shall direct the head of each agency which is subject to chapter 71 of title 5, United States Code, or any other authority permitting employees of such agency to select an exclusive representative to take the following actions: (1) Create labor-management partnerships by forming labor- management committees or councils at appropriate levels, or adapting existing committees or councils if such groups exist. (2) Involve employees and employee representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency. (3) Provide systemic training of appropriate agency employees (including line managers, first-line supervisors, and labor organization representatives) in consensual methods of dispute resolution, such as alternative dispute resolution techniques and interest-based bargaining approaches. (4) Negotiate, at the request of the labor organization, on the subjects set forth in section 7106(b)(1) of title 5, United States Code, and instruct subordinate officials to do the same. (5) Evaluate progress and improvements in organizational performance resulting from such labor-management partnerships. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the terms ``agency'' and ``labor organization'' have the meanings set forth in section 7103(a) of title 5, United States Code; (2) the term ``Federal employee'' means an employee, as defined by section 7103(a)(2) of title 5, United States Code; (3) the term ``Federal manager'' means a management official, as defined by section 7103(a)(11) of title 5, United States Code; and (4) the term ``senior executive'' has the meaning given such term by section 3132(a)(3) of title 5, United States Code.
Federal Labor-Management Partnership Act of 2007 - Establishes the Federal Labor-Management Partnership Council to advise the President on matters involving labor-management relations in the executive branch. Includes among the Council's activities: (1) supporting the creation of local labor-management partnership councils that promote partnership efforts; (2) collecting and disseminating information about and providing guidance on such efforts; (3) using the expertise of individuals, inside and outside the federal government, to foster partnership arrangements in the executive branch; and (4) proposing statutory changes to improve the civil service to better serve the public and carry out the mission of the various agencies. Requires the President to designate a Council Chairperson. Requires the President to direct the head of each agency which is subject to labor-management relations provisions or any other authority permitting employees to select an exclusive representative, to: (1) create labor-management partnerships by forming labor-management committees or councils at appropriate levels or adapting existing committees or councils if such groups exist; (2) involve employees and their representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency; (3) provide systemic training of appropriate employees in consensual methods of dispute resolution; (4) negotiate, at the request of the labor organization, on specified subjects and instruct subordinate officials to do the same; and (5) evaluate progress and improvements in organizational performance resulting from such labor-management partnerships.
To establish the Federal Labor-Management Partnership Council.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterinary Health Enhancement Act''. SEC. 2. ESTABLISHMENT OF SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS REGARDING VETERINARY MEDICINE. Subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.) is amended by adding at the end the following section: ``SEC. 338M. SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS REGARDING VETERINARY MEDICINE. ``(a) Scholarship Program.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program of entering into agreements with students under which the Federal Government provides to the students scholarships for attending schools of veterinary medicine in consideration of the students agreeing to provide, for a period of time specified in the agreement, veterinary services in veterinarian shortage areas. ``(b) Loan Repayment Program.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program of entering into agreements with veterinarians under which the veterinarians agree to provide, for a period of time specified in the agreement, veterinary services in veterinarian shortage areas in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $35,000 of the principal and interest of the educational loans of the veterinarians. ``(c) Veterinarian Shortage Areas.-- ``(1) In general.--For purposes of this section, the term `veterinarian shortage area' means any of the following: ``(A) An area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of veterinary services) that the Secretary determines has a shortage of veterinarians. ``(B) A population group that the Secretary determines has such a shortage. ``(C) A public or nonprofit private medical facility or other public facility that the Secretary determines has such a shortage. ``(2) State participation.--In designating a veterinarian shortage area in a State, the Secretary shall consult with the chief veterinary-medicine official of the State and with other appropriate entities in the State, including representatives of schools of veterinary medicine in the State; representatives of State members of professional associations regarding veterinary medicine; and representatives of large-animal veterinarians in the State. ``(d) Eligible Individuals.-- ``(1) In general.--The Secretary may approve an individual for participation in the program under subsection (a) or (b) only if (in addition to the requirements that apply under subsection (e)) the individual has been approved by the chief veterinary-medicine official of the State involved, after such official consulted with appropriate entities in the State regarding such approval, including representatives specified in subsection (c)(2). ``(2) State involved.--For purposes of paragraph (1), the State involved with respect to an individual is the State described in subparagraph (A) or (B) (as applicable), as follows: ``(A) In the case of the program under subsection (a), the State in which the individual attends or will attend a school of veterinary medicine with a scholarship under the program. ``(B) In the case of the program under subsection (b), the State that contains the veterinarian shortage area for which the individual will provide veterinary services under the program. ``(e) Applicability of Certain Provisions.-- ``(1) Scholarship program.--With respect to the National Health Service Corps Scholarship Program established in section 338A, the provisions of this subpart that apply to such program shall, except as determined by the Secretary to be inconsistent with subsection (a), apply to the program established in subsection (a) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program. ``(2) Loan repayment program.--With respect to the National Health Service Corps Loan Repayment Program established in section 338B, the provisions of this subpart that apply to such program shall, except as determined by the Secretary to be inconsistent with subsection (b), apply to the program established in subsection (b) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program. ``(f) Definition.--For purposes of this section, the term `school of veterinary medicine' has the meaning given such term in section 799B. ``(g) Authorization of Appropriations.-- ``(1) Scholarship program.--For the purpose of carrying out this section with respect to the program under subsection (a), there are authorized to be appropriated up to $5,000,000 for each of the fiscal years 2002 through 2006. ``(2) Loan repayment program.--For the purpose of carrying out this section with respect to the program under subsection (b), there are authorized to be appropriated up to $5,000,000 for each of this fiscal years 2002 through 2006.''.
Veterinary Health Enhancement Act - Amends the Public Health Service Act to establish veterinary scholarship and loan repayment programs in return for service in veterinary shortage areas. Authorizes appropriations.
A bill to amend the Public Health Service Act to establish scholarship and loan repayment programs regarding the provision of veterinary services in veterinarian shortage areas.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Care Rapid Learning Network (MCCRLN) Act of 2009''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Two-thirds of all Medicare spending involves beneficiaries living with 5 or more chronic conditions. (2) Eighty-four percent of people ages 65 to 70 live with at least one of the following chronic conditions: hypertension, heart disease or heart attack, cancer, diabetes, arthritis, or high cholesterol. (3) Medicare beneficiaries with chronic conditions are more likely to undergo duplicative tests, receive contradictory information from their health care providers, experience adverse responses to medications, and undergo hospital visits that could have been prevented. (4) Both traditional fee-for-service Medicare and Medicare Advantage are not currently configured to meet the unique needs of beneficiaries living with multiple chronic conditions. (5) Care for these patients is typically fragmented and delivered by multiple providers working at multiple sites. (6) Medicare has implemented a number of demonstration projects focused on ways to improve care for beneficiaries with multiple chronic conditions, yet there has been limited translation of evidence-based results to the wider chronic care community in a timely manner. (7) Using evidence-based approaches to care coordination and care management have shown promise in reducing illness burden and improving health for at-risk patients, but the evidence is not easy to consistently translate into practice. (8) As the population of Medicare beneficiaries living with multiple chronic conditions continues to increase, the Centers for Medicare & Medicaid Services should seek more effective actions to test various care models, analyze the outcomes, and implement evidence-based best practices as soon as possible. (9) The United States Government should partner with qualified and experienced health care institutions and universities already serving these beneficiaries to effectively and efficiently develop, evaluate, and translate improvements in coordinated care for them. Generating this information and supporting its translation into clinical practice will serve beneficiaries far more effectively. SEC. 3. MEDICARE CHRONIC CARE RAPID LEARNING NETWORK TO DEVELOP AND APPLY IMPROVED PRACTICES IN COORDINATED CARE FOR MEDICARE BENEFICIARIES WITH MULTIPLE, CHRONIC CONDITIONS. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish in accordance with this section a Medicare Chronic Care Rapid Learning Network (in this section referred to as the ``Network''). (2) Duration.--The initial period of the Network shall be not less than five years. The Secretary may extend or make permanent the Network if the Network's performance demonstrates benefit to the Medicare program. The Secretary may continue or make permanent any network project site if-- (A)(i) the costs to the Medicare program resulting from activities carried out by such site pursuant to this section are not more than the costs to such program without application of this section; and (ii) such activities result in improved quality of care furnished to Medicare beneficiaries who have two or more chronic illnesses; or (B) the costs to the Medicare program resulting from activities carried out by such site pursuant to this section are less than the costs to such program without application of this section. (b) Purpose and Duties of Network.-- (1) Purpose.--The purpose of the Network is to enable highly qualified health care organizations and universities to form a stable and flexible research infrastructure that accelerates the development and deployment of evidence-based chronic care management practices for Medicare beneficiaries with multiple, chronic conditions. (2) Duties of the network.-- (A) In general.--The Network shall develop and evaluate evidence-based chronic care management practices for Medicare beneficiaries who have two or more chronic illnesses, with a focus on such beneficiaries who are provided benefits under the Medicare fee-for-service program and whose care is most costly. In carrying out its duties, the Network shall use and build upon applicable interventions that have been proven successful through demonstrations carried out by the Centers for Medicare & Medicaid Services, including the Medicare Coordinated Care Demonstration project. (B) Specific duties.--The Network shall-- (i) research, design, implement, test, and validate specific interventions designed to improve care management for Medicare beneficiaries with multiple chronic conditions; (ii) provide a reproducible, reliable, and scalable framework to standardize and translate best practices for all Medicare beneficiaries; and (iii) not later than 90 days after the date of the enactment of this Act, establish target enrollment numbers and capitated payment rates for care management interventions to be established for each Medicare Chronic Care Rapid Learning Network site. (c) Membership.-- (1) Initial sites.--The network shall initially consist of not less than 12 network project sites. Nothing in this Act prohibits more than 1 network project site from participating under this section together as a network. (2) Additional sites.--The Secretary may appoint network project sites, in addition to such initial sites under paragraph (1), to the network either as standing members or in order to meet the goals of a specific project if such sites satisfy each of the characteristics described in subparagraph (B). (3) Required characteristics of network.--The network shall collectively-- (A) be a group of health care organizations, universities, or researchers and clinicians in health care organizations or universities experienced in research and direct delivery of care management services for Medicare beneficiaries; (B) have previously participated in care coordination projects, demonstrations, or research projects (or any combination of such projects); and (C) have demonstrated an existing ability to interact with each other to design and implement projects and share and analyze information. (d) Coordinating Center.--A Coordinating Center shall be established to facilitate network communication, training of network project sites, and development and reporting of performance and implementation metrics. (e) Advisory Board.--The Network shall have an Advisory Board (in this section referred to as the ``Board'') composed of the following: (1) CMS administrator.--The Administrator of the Centers for Medicare & Medicaid Services, who shall serve as chairman of the Board and head of the Network. (2) Appointed members.-- (A) Initial appointments.--Twelve individuals appointed by the Secretary to serve on the Board, including one individual representing each network site. (B) Additional members.--Any additional members to the Board, which the Secretary may appoint, including representatives from other relevant Federal agencies, experts in the fields of quality improvement, public health, geriatrics, research methodology, health economists, and other individuals to the extent the Secretary determines such additions further the work of the Network. (f) Project Evaluations.--The Board shall provide for both an internal and external evaluation of each Network project. Network members will receive timely and regular access to data for purposes of modifying, refining, and evaluating the project under study. (g) Biennial Reports.-- (1) Congressional reports.--Beginning not later than 2 years after the date of the establishment of the Network, the Secretary shall submit to the appropriate committees of Congress biennial reports on the Network. (2) Public reports on care models.--Every two years, the Network shall develop and the Secretary shall issue a public report of recommended practices and guidelines for chronic care that summarizes the care models the Network has found to be most effective in managing Medicare beneficiaries with multiple, chronic problems. (h) Waiver.--The Secretary shall waive such provisions of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as may be necessary for the Network to conduct activities under this section. (i) Funding.--There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportions as the Secretary determines to be appropriate, $60,000,000 to carry out this section during the 5-year period beginning with fiscal year 2010. (j) Definitions.--For purposes of this section: (1) Medicare program.--The term ``Medicare program'' means the programs under title XVIII of the Social Security Act. (2) Network project site.--The term ``Network project site'' means the site of a chronic care management program conducted under the authority of the Network.
Medicare Chronic Care Practice Research Network Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a Medicare Chronic Care Rapid Learning Network to develop and evaluate evidence-based chronic care management for Medicare beneficiaries with multiple, chronic illnesses, with a focus on beneficiaries under the Medicare fee-for-service program whose care is most costly.
To establish a Medicare Chronic Care Rapid Learning Network to develop and apply improved practices in care management for Medicare beneficiaries with multiple chronic conditions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Meeting the Housing and Service Needs of Seniors Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The senior population (persons 65 or older) in this country is rapidly growing, and is expected to increase from 34,700,000 in 2000 to nearly 40,000,000 by 2010, and then will dramatically increase to over 50,000,000 by 2020. (2) By 2020, the population of ``older'' seniors, those over age 85, is expected to double to 7,000,000, and then double again to 14,000,000 by 2040. (3) As the senior population increases, so does the need for additional safe, decent, affordable, and suitable housing that meets their unique needs. (4) Due to the health care, transportation, and service needs of seniors, issues of providing suitable and affordable housing opportunities differ significantly from the housing needs of other families. (5) Seniors need access to a wide array of housing options, such as affordable assisted living, in-home care, supportive or service-enriched housing, and retrofitted homes and apartments to allow seniors to age in place and to avoid premature placement in institutional settings. (6) While there are many programs in place to assist seniors in finding and affording suitable housing and accessing needed services, these programs are fragmented and spread across many agencies, making it difficult for seniors to access assistance or to receive comprehensive information. (7) Better coordination among Federal agencies is needed, as is better coordination at State and local levels, to ensure that seniors can access government activities, programs, services, and benefits in an effective and efficient manner. (8) Up to date, accurate, and accessible statistics on key characteristics of seniors, including conditions, behaviors, and needs, are required to accurately identify the housing and service needs of seniors. SEC. 3. DEFINITIONS. In this Act: (1) The term ``housing'' means any form of residence, including rental housing, homeownership, assisted living, group home, supportive housing arrangement, nursing facility, or any other physical location where a person can live. (2) The term ``service'' includes transportation, health care, nursing assistance, meal, personal care and chore services, assistance with daily activities, mental health care, physical therapy, case management, and any other services needed by seniors to allow them to stay in their housing or find alternative housing that meets their needs. (3) The term ``program'' includes any Federal or State program providing income support, health benefits or other benefits to seniors, housing assistance, mortgages, mortgage or loan insurance or guarantees, housing counseling, supportive services, assistance with daily activities, or other assistance for seniors. (4) The term ``Council'' means the Interagency Council on Meeting the Housing and Service Needs of Seniors. (5) The term ``senior'' means any individual 65 years of age or older. SEC. 4. INTERAGENCY COUNCIL ON MEETING THE HOUSING AND SERVICE NEEDS OF SENIORS. (a) Establishment.--There is established in the executive branch an independent council to be known as the Interagency Council on Meeting the Housing and Service Needs of Seniors. (b) Objectives.--The objectives of the Council are as follows: (1) To promote coordination and collaboration among the Federal departments and agencies involved with housing, health care, and service needs of seniors in order to better meet the needs of senior citizens. (2) To identify the unique housing and service needs faced by seniors around the country and to recommend ways that the Federal Government, States, State and local governments, and others can better meet those needs, including how to ensure that seniors can find and afford housing that allows them to access health care, transportation, nursing assistance, and assistance with daily activities where they live or in their communities. (3) To facilitate the aging in place of seniors, by identifying and making available the programs and services necessary to enable seniors to remain in their homes as they age. (4) To improve coordination among the housing and service related programs and services of Federal agencies for seniors and to make recommendations about needed changes with an emphasis on-- (A) maximizing the impact of existing programs and services; (B) reducing or eliminating areas of overlap and duplication in the provision and accessibility of such programs and services; and (C) making access to programs and services easier for seniors around the country. (5) To increase the efficiency and effectiveness of existing housing and service related programs and services which serve seniors. (6) To establish an ongoing system of coordination among and within such agencies or organizations so that the housing and service needs of seniors are met in a more efficient manner. (c) Membership.--The Council shall be composed of the following: (1) The Secretary of Housing and Urban Development or a designee of the Secretary. (2) The Secretary of Health and Human Services or a designee of the Secretary. (3) The Secretary of Agriculture or a designee of the Secretary. (4) The Secretary of Transportation or a designee of the Secretary. (5) The Secretary of Labor or a designee of the Secretary. (6) The Secretary of Veterans Affairs or a designee of the Secretary. (7) The Secretary of the Treasury or a designee of the Secretary. (8) The Commissioner of the Social Security Administration or a designee of the Commissioner. (9) The Administrator of the Centers for Medicare and Medicaid Services or a designee of the Administrator. (10) The Administrator of the Administration on Aging or a designee of the Administrator. (11) The head (or designee) of any other Federal agency as the Council considers appropriate. (12) State and local representatives knowledgeable about the needs of seniors as chosen by the Council members described in paragraphs (1) through (11). (d) Chairperson.--The Chairperson of the Council shall alternate between the Secretary of Housing and Urban Development and the Secretary of Health and Human Services on an annual basis. (e) Vice Chair.--Each year, the Council shall elect a Vice Chair from among its members. (f) Meetings.--The Council shall meet at the call of its Chairperson or a majority of its members at any time, and no less often than quarterly. The Council shall hold meetings with stakeholders and other interested parties at least twice a year, so that the opinions of such parties can be taken into account and so that outside groups can learn of the Council's activities and plans. SEC. 5. FUNCTIONS OF THE COUNCIL. (a) Relevant Activities.--In carrying out its objectives, the Council shall-- (1) review all Federal programs and services that assist seniors in finding, affording, and rehabilitating housing, including those that assist seniors in accessing health care, transportation, supportive services, and assistance with daily activities, where or close to where seniors live; (2) monitor, evaluate, and recommend improvements in existing programs and services administered, funded, or financed by Federal, State, and local agencies to assist seniors in meeting their housing and service needs and make any recommendations about how agencies can better work to house and serve seniors; and (3) recommend ways-- (A) to reduce duplication among programs and services by Federal agencies that assist seniors in meeting their housing and service needs; (B) to ensure collaboration among and within agencies in the provision and availability of programs and services so that seniors are able to easily access needed programs and services; (C) to work with States to better provide housing and services to seniors by-- (i) holding individual meetings with State representatives; (ii) providing ongoing technical assistance to States in better meeting the needs of seniors; and (iii) working with States to designate State liaisons to the Council; (D) to identify best practices for programs and services that assist seniors in meeting their housing and service needs, including model-- (i) programs linking housing and services; (ii) financing products offered by government, quasi-government, and private sector entities; (iii) land use, zoning, and regulatory practices; and (iv) innovations in technology applications that give seniors access to information on available services; (E) to collect and disseminate information about seniors and the programs and services available to them to ensure that seniors can access comprehensive information; (F) to hold biannual meetings with stakeholders and other interested parties (or to hold open Council meetings) to receive input and ideas about how to best meet the housing and service needs of seniors; (G) to maintain an updated website of policies, meetings, best practices, programs, services, and any other helpful information to keep people informed of the Council's activities; and (H) to work with the Federal Interagency Forum on Aging Statistics, the Census Bureau, and member agencies to collect and maintain data relating to the housing and service needs of seniors so that all data can be accessed in one place and to identify and address unmet data needs. (b) Reports.-- (1) By members.--Each year, the head of each agency that is a member of the Council shall prepare and transmit to the Council a report that describes-- (A) each program and service administered by the agency that serves seniors and the number of seniors served by each program or service, the resources available in each, as well as a breakdown of where each program and service can be accessed; (B) the barriers and impediments, including statutory or regulatory, to the access and use of such programs and services by seniors; (C) the efforts made by each agency to increase opportunities for seniors to find and afford housing that meet their needs, including how the agency is working with other agencies to better coordinate programs and services; and (D) any new data collected by each agency relating to the housing and service needs of seniors. (2) By the council.--Each year, the Council shall prepare and transmit to the President, the Senate Committee on Banking, Housing, and Urban Affairs, the Senate Committee on Health, Education, Labor, and Pensions, the House Financial Services Committee, and the House Committee on Education and the Workforce a report that-- (A) summarizes the reports required in paragraph (1); (B) utilizes recent data to assess the nature of the problems faced by seniors in meeting their unique housing and service needs; (C) provides a comprehensive and detailed description of the programs and services of the Federal Government in meeting the needs and problems described in subparagraph (B); (D) describes the activities and accomplishments of the Council in working with Federal, State, and local governments, and private organizations in coordinating programs and services to meet the needs described in subparagraph (B) and the resources available to meet those needs; (E) assesses the level of Federal assistance required to meet the needs described in subparagraph (B); and (F) makes recommendations for appropriate legislative and administrative actions to meet the needs described in subparagraph (B) and for coordinating programs and services designed to meet those needs. SEC. 6. POWERS OF THE COUNCIL. (a) Hearings.--The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out the purposes of this Act. (b) Information From Agencies.--Agencies which are members of the Council shall provide all requested information and data to the Council as requested. (c) Postal Services.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Council may accept, use, and dispose of gifts or donations of services or property. SEC. 7. COUNCIL PERSONNEL MATTERS. (a) Compensation of Members.--All members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (c) Staff.-- (1) In general.--The Council shall, without regard to civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary to enable the Council to perform its duties. (2) Executive director.--The Council shall appoint an Executive Director at its initial meeting. The Executive Director shall be compensated at a rate not to exceed the rate of pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Compensation.--With the approval of the Council, the Executive Director may appoint and fix the compensation of such additional personnel as necessary to carry out the duties of the Council. The rate of compensation may be set without regard to the provisions of chapter 51 and subchapter II of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Temporary and Intermittent Services.--In carrying out its objectives, the Council may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Detail of Government Employees.--Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Administrative Support.--The Secretary of Housing Urban Development and the Secretary of Health and Human Services shall provide the Council with such administrative and supportive services as are necessary to ensure that the Council can carry out its functions. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $1,500,000 for each of fiscal years 2005 through 2010.
Meeting the Housing and Service Needs of Seniors Act of 2005 - Establishes in the executive branch the independent Interagency Council on Meeting the Housing and Service Needs of Seniors, which shall identify and promote coordination of senior citizen housing, health care, and service needs.
To establish the Interagency Council on Meeting the Housing and Service Needs of Seniors, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Examination Report Protection Act of 1997''. SEC. 2. AMENDMENT TO THE FEDERAL DEPOSIT INSURANCE ACT. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 45. BANK SUPERVISORY PRIVILEGE. ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Depository institution.--The term `depository institution' includes-- ``(A) any institution which is treated in the same manner as an insured depository institution under paragraph (3), (4), (5), or (9) of section 8(b); and ``(B) any subsidiary or other affiliate of an insured depository institution or an institution described in subparagraph (A). ``(2) Supervisory process.--The term `supervisory process' means any activity engaged in by a Federal banking agency to carry out the official responsibilities of the agency with regard to the regulation or supervision of depository institutions. ``(3) Confidential supervisory information.--The term `confidential supervisory information' means any of the following information, or any portion of any such information, which is treated as, or considered to be, confidential information by a Federal banking agency, regardless of the medium in which the information is conveyed or stored: ``(A) Any report of examination, inspection, visitation, or investigation, and information prepared or collected by a Federal banking agency in connection with the supervisory process, including any computer file, work paper, or similar document. ``(B) Any correspondence of communication from a Federal banking agency to a depository institution arising from or relating to an examination, inspection, visitation, or investigation by a Federal banking agency. ``(C) Any correspondence, communication, or document, including any compliance and other reports, created by a depository institution in response to any request, inquiry, or directive from a Federal banking agency in connection with any examination, inspection, visitation, or investigation and provided to a Federal banking agency, other than any book or record in the possession of the depository institution routinely prepared by the depository institution and maintained in the ordinary course of business or any information required to be made publicly available by any Federal law or regulation. ``(D) Any record of a Federal banking agency to the extent it contains information derived from any report, correspondence, communication or other information described in subparagraph (A), (B), or (C). ``(b) Bank Supervisory Privilege.-- ``(1) Privilege established.-- ``(A) In general.--All confidential supervisory information shall be the property of the Federal banking agency that created or requested the information and shall be privileged from disclosure to any other person. ``(B) Prohibition on unauthorized disclosures.--No person in possession of confidential supervisory information may disclose such information, in whole or in part, without the prior authorization of the Federal banking agency that created or requested the information, except for a disclosure made in published statistical material that does not disclose, either directly or when used in conjunction with publicly available information, the affairs of any person. ``(C) Agency waiver.--The Federal banking agency may waive, in whole or in part, in the discretion of the agency, any privilege established under this paragraph. ``(2) Exception.--No provision of paragraph (1) shall be construed as preventing access to confidential supervisory information by duly authorized committees of the United States Congress or the Comptroller General of the United States. ``(c) Other Privileges Not Waived by Disclosure to Banking Agency.--The submission by a depository institution of any information to a Federal banking agency, a State bank supervisor, or a foreign banking authority for any purpose in the course of the supervisory process of such agency or supervisor shall not be construed as waiving, destroying, or otherwise affecting any privilege such institution may claim with respect to such information under Federal or State law. ``(d) Discovery and Disclosure of Information.-- ``(1) Information available only from banking agency.-- ``(A) In general.--A person seeking discovery or disclosure, in whole or in part, of confidential supervisory information may not seek to obtain such information through subpoena, discovery procedures, or other process from any person, except that such information may be sought in accordance with this section from the Federal banking agency that created or requested the information. ``(B) Requests submitted to banking agency.--Any request for discovery or disclosure of confidential supervisory information shall be made to the Federal banking agency that created or requested the information, which shall determine within a reasonable time period whether to disclose such information pursuant to procedures and criteria established in regulations. ``(2) Exclusive federal court jurisdiction over disputes.-- ``(A) In general.--Federal courts shall have exclusive jurisdiction over actions or proceedings in which any party seeks to compel disclosure of confidential supervisory information. ``(B) Judicial review.--Judicial review of the final action of a Federal banking agency with regard to the disposition of a request for confidential supervisory information shall be before a district court of the United States of competent jurisdiction, subject to chapter 7 of part I of title 5, United States Code. ``(C) Right to appeal.--Any court order that compels production of confidential supervisory information may be immediately appealed by the Federal banking agency and the order compelling production shall be automatically stayed, pending the outcome of such appeal. ``(e) Subpoenas.-- ``(1) Authority to intervene.--In the case of any action or proceeding to compel compliance with a subpoena, order, discovery request, or other judicial or administrative process with respect to any confidential supervisory information relating to any depository institution, a Federal banking agency and the depository institution may intervene in such action or proceeding for the purpose of-- ``(A) enforcing the limitations established in paragraph (1) of subsections (b) and (d); ``(B) seeking the withdrawal of any compulsory process with respect to such information; and ``(C) registering appropriate objections with respect to the action or proceeding to the extent the action or proceeding relates to or involves such information. ``(2) Right to appeal.--Any court order that compels production of confidential supervisory information may be immediately appealed by the Federal banking agency and the order compelling production shall be automatically stayed, pending the outcome of such appeal. ``(f) Regulations.-- ``(1) Authority to prescribe.--Each Federal banking agency may prescribe such regulations as the agency considers to be appropriate, after consultation with the other Federal banking agencies and the National Credit Union Administration Board, to carry out the purposes of this section. ``(2) Authority to require notice.--Any regulations prescribed by a Federal banking agency under paragraph (1) may require any person in possession of confidential supervisory information to notify the Federal banking agency whenever the person is served with a subpoena, order, discovery request, or other judicial or administrative process requiring the personal attendance of such person as a witness or requiring the production of such information in any proceeding. ``(g) Access in accordance with regulations and orders.-- Nothwithstanding any other provision of this section, the Federal banking agency may, without waiving any privilege, authorize access to confidential supervisory information for any appropriate governmental, law enforcement, or public purpose in accordance with agency regulations or orders.''. SEC. 3. AMENDMENT TO FEDERAL CREDIT UNION ACT. Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended by adding at the end the following new section: ``SEC. 215. CREDIT UNION SUPERVISORY PRIVILEGE. ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Supervisory process.--The term `supervisory process' means any activity engaged in by the Administration to carry out the official responsibilities of the Administration with regard to the regulation or supervision of credit unions. ``(1) Confidential supervisory information.--The term `confidential supervisory information' means any of the following information, or any portion of any such information, which is treated as, or considered to be, confidential information by the Administration, regardless of the medium in which the information is conveyed or stored: ``(A) Any report of examination, inspection, visitation, or investigation, and information prepared or collected by the Administration in connection with the supervisory process, including any computer file, work paper, or similar document. ``(B) Any correspondence or communication from the Administration to a credit union arising from or relating to an examination, inspection, visitation, or investigation by the Administration. ``(C) Any correspondence, communication, or document, including any compliance and other reports, created by a credit union in response to any request, inquiry, or directive from the Administration in connection with any examination, inspection, visitation, or investigation and provided to the Administration, other than any book or record in the possession of the credit union routinely prepared by the credit union and maintained in the ordinary course of business or any information required to be made publicly available by any Federal law or regulation. ``(D) Any record of the Administration to the extent it contains information derived from any report, correspondence, communication or other information described in subparagraph (A), (B), or (C). ``(b) Credit Union Supervisory Privilege.-- ``(1) Privilege established.-- ``(a) In general.--All confidential supervisory information shall be the property of the Administration and shall be privileged from disclosure to any other person. ``(B) Prohibition on unauthorized disclosures.--No person in possession of confidential supervisory information may disclose such information, in whole or in part, without the prior authorization of the Administration, except for a disclosure made in published statistical material that does not disclose, either directly or when used in conjunction with publicly available information, the affairs of any person. ``(C) Agency waivers.--The Board may waive, in whole or in part, in the discretion of the Board, any privilege established under this paragraph. ``(2) Exception.--No provision of paragraph (1) shall be construed as preventing access to confidential supervisory information by duly authorized committees of the United States Congress or the Comptroller General of the United States. ``(c) Other Privileges Not Waived by Disclosure to Administration.--The submission by a credit union of any information to the Administration or a State credit union supervisor for any purpose in the course of the supervisory process of the Administration or such supervisor shall not be construed as waiving, destroying, or otherwise affecting any privilege such institution may claim with respect to such information under Federal or State law. ``(d) Discovery and Disclosure of Information.-- ``(1) Information available only from administration.-- ``(a) In general.--A person seeking discovery or disclosure, in whole or in part, of confidential supervisory information may not seek to obtain such information through subpoena, discovery procedures, or other process from any person, except that such information may be sought in accordance with this section from the Administration. ``(B) Request submitted to administration.--Any request for discovery or disclosure of confidential supervisory information shall be made in the Administration, which shall determine within a reasonable time period whether to disclose such information pursuant to procedures and criteria established in regulations. ``(2) Exclusive federal court jurisdiction over disputes.-- ``(A) In general.--Federal courts shall have exclusive jurisdiction over actions or proceedings in which any party seeks to compel disclosure of confidential supervisory information. ``(B) Judicial review.--Judicial review of the final action of the Administration with regard to the disposition of a request for confidential supervisory information shall be before a district court of the United States of competent jurisdiction, subject to chapter 7 of part I of title 5, United States Code. ``(C) Right to appeal.--Any court order that compels production of confidential supervisory information may be immediately appealed by the Administration and the order compelling production shall be automatically stayed, pending the outcome of such appeal. ``(e) Subpoenas.-- ``(1) Authority to intervene.--In the case of any action or proceeding to compel compliance with a subpoena, order, discover request, or other judicial or administrative process with respect to any confidential supervisory information relating to any credit union, the Administration and the credit union may intervene in such action or proceeding for the purpose of-- ``(A) enforcing the limitations established in paragraph (1) of subsections (b) and (d); ``(B) seeking the withdrawal of any compulsory process with respect to such information; and ``(C) registering appropriate objections with respect to the action or proceeding to the extent the action or proceeding relates to or involves such information. ``(2) Right to appeal.--Any court order that compels production of confidential supervisory information may be immediately appealed by the Administration and the order compelling production shall be automatically stayed, pending the outcome of such appeal. ``(f) Regulations.-- ``(1) Authority to prescribe.--The Board may prescribe such regulations as the Board considers to be appropriate, after consultation with the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act), to carry out the purposes of this section. ``(2) Authority to require notice.--Any regulations prescribed by the Administration under paragraph (1) may require any person in possession of confidential supervisory information to notify the Administration whenever the person is served with a subpoena, order, discovery request, or other judicial or administrative process requiring the personal attendance of such person as a witness or requiring the production of such information in any proceeding. ``(g) Access in Accordance With Regulations and Orders.-- Notwithstanding any other provision of this section, the Administration may, without waiving any privilege, authorize access to confidential supervisory information for any appropriate governmental, law enforcement, or public purpose in accordance with agency regulations or orders.''.
Bank Examination Report Protection Act of 1997 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to establish a privileged status for confidential supervisory information. Declares such information to be the property of the Federal banking agency that created or requested it. Prohibits the disclosure of such information without prior authorization of the appropriate Federal banking agency. Precludes the use of subpoena or other process to obtain such information. Permits disclosure requests to the appropriate Federal banking agency. Grants Federal courts exclusive jurisdiction for actions to compel information disclosure. Prescribes judicial, rulemaking, and notice procedures.
Bank Examination Report Protection Act of 1997
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Benefit Integrity Act''. SEC. 2. PROVISION OF AID TO FAMILIES WITH DEPENDENT CHILDREN ONLY TO CITIZENS AND NATIONALS OF THE UNITED STATES. (a) In General.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) provide that-- ``(A) aid under the State plan shall not be payable to any family that applies therefor and does not include a citizen or national of the United States; and ``(B) the amount of aid payable under the State plan to any family that is a recipient thereof and does not include a citizen or national of the United States shall, notwithstanding any other provision of this part, be reduced each year (but not below zero) by a dollar amount equal to \1/3\ of the amount of such aid as of the later of the effective date of this paragraph or the first day the family does not include such a citizen or national.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 1-year period that begins with the date of the enactment of this Act, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending after such 1-year period, without regard to whether regulations to implement such amendments are promulgated by the end of such 1-year period. SEC. 3. PROVISION OF SUPPLEMENTAL SECURITY INCOME BENEFITS ONLY TO CITIZENS AND NATIONALS OF THE UNITED STATES. (a) In General.--Section 1614(a)(1) of the Social Security Act (42 U.S.C. 1382c(a)(1)) is amended by striking subparagraph (B)(i) and inserting the following: ``(B)(i) is a citizen or national of the United States, or''. (b) Conforming Amendment.--Section 1621 of such Act (42 U.S.C. 1382j) is hereby repealed. (c) Phase-Out of Benefits Currently Paid to Individuals Who Are Not Citizens or Nationals.--Notwithstanding any other provision of law, any individual who, on the date of the enactment of this Act, is not a citizen or national of the United States and is receiving supplemental security income benefits under title XVI of the Social Security Act shall, for purposes of such title, be considered a citizen or national of the United States during the 3-year period that begins with such date of enactment, except that the benefits to which the individual shall be entitled under such title shall be reduced by \1/3\ from the level of such benefits as of such date of enactment, each year during such 3-year period. SEC. 4. USE OF ASSISTED HOUSING BY ALIENS. Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended to read as follows: ``SEC. 214. RESTRICTION ON USE OF ASSISTED HOUSING. ``(a) In General.--Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not make financial assistance available for the benefit of any individual after the expiration of the 3-year period beginning on the date of the enactment of the Federal Benefit Integrity Act unless the individual is a citizen or national of the United States. ``(b) Prohibition of New Assistance.--Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not make financial assistance available for the benefit of any individual who is not a citizen or national of the United States after the expiration of the 1-year period beginning on the date of the enactment of the Federal Benefit Integrity Act unless such individual is receiving financial assistance on such date. ``(c) Definition of Financial Assistance.--For purposes of this section, the term `financial assistance' means financial assistance made available pursuant to the United States Housing Act of 1937, section 235 or 236 of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965. ``(d) Discretionary Continuation of Financial Assistance.--If, following completion of the applicable hearing process, financial assistance for any individual receiving such assistance on the date referred to in subsection (a) is to be terminated, the public housing agency or other local governmental entity involved (in the case of public housing or assistance under section 8 of the United States Housing Act of 1937) or the Secretary of Housing and Urban Development (in the case of any other financial assistance) may, in its discretion, take one of the following actions: ``(1) Continued provision of assistance.--Permit the continued provision of financial assistance, if necessary to avoid the division of a family in which the head of household or spouse is a citizen or national of the United States. ``(2) Deferred termination of assistance.--Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing, except that-- ``(A) any deferral under this paragraph shall be for a 6-month period and may be renewed by the public housing agency or other entity involved for an aggregate period of 3 years; and ``(B) at the beginning of each deferral period, the public housing agency or other entity involved shall inform the individual and family members of their ineligibility for financial assistance and offer them other assistance in finding other affordable housing. For purposes of this subsection, the term `family' means a head of household, any spouse, any parents of the head of household, any parents of the spouse, and any children of the head of household or spouse. ``(e) Declaration of Citizenship.--Financial assistance may not be provided for the benefit of an individual unless the following requirements are met: ``(1) Statement.--There is a declaration in writing by the individual (or, in the case of an individual who is a child, by another on the individual's behalf), under penalty of perjury, stating that the individual is a citizen or national of the United States. ``(2) Documentation.--There is presented such documentation as the Secretary determines constitutes reasonable evidence indicating that the individual is a citizen or national of the United States.''. SEC. 5. AMENDMENTS TO THE FOOD STAMP ACT OF 1977. (a) Amendments.--The Food Stamp Act of 1977 (7 U.S.C. 2011-2032) is amended-- (1) in section 5 by striking subsection (i), (2) in the first sentence of section 6(f) by striking ``(2) either'' and all that follows through ``household.'', and inserting ``(2) a citizen or national of the United States.'', and (3) in section 11(e)(2) by striking ``either citizens or are aliens'' and inserting ``citizens or nationals of the United States''. (b) Effective Date; Application of Amendments.-- (1) Effective date.--This section shall take effect 1 year after the date of the enactment of this Act. (2) Application of amendments.--The amendments made by subsection (a) shall not apply with respect to certification periods beginning before the effective date of this section.
Federal Benefit Integrity Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) reduce the amount of AFDC currently being paid to families which do not include a U.S. citizen or national; and (2) prohibit AFDC from being paid to any family applying for AFDC which does not include such an individual. Amends SSA title XVI (Supplementary Security Income)(SSI), the Housing and Community Development Act of 1980, and the Food Stamp Act of 1977 to make similar amendments with respect to the receipt of Federal SSI, assisted housing, and food stamp benefits by aliens and, in certain cases, phase-out such benefits entirely.
Federal Benefit Integrity Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Accountability through Research Act of 2009''. SEC. 2. NATIONAL INSTITUTE FOR MINORITY HEALTH AND HEALTH DISPARITIES. (a) Redesignation.-- (1) In general.--Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended-- (A) in section 401(b)(24), by striking ``National Center on Minority Health and Health Disparities'' and inserting ``National Institute for Minority Health and Health Disparities''; and (B) in subpart 6 of part E-- (i) in the subpart heading, by striking ``Center'' and inserting ``Institute''; (ii) in the headings of sections 485E and 485H, by striking ``center'' and inserting ``institute''; and (iii) by striking (other than in section 485E(i)(1)) the term ``Center'' each place it appears and inserting ``Institute''. (2) References.--Any reference in any law, map, regulation, document, paper, or other record of the United States to the National Center on Minority Health and Health Disparities shall be deemed to be a reference to the National Institute for Minority Health and Health Disparities. (b) Duties; Authorities; Funding.--Section 485E of the Public Health Service Act (42 U.S.C. 287c-31) is amended-- (1) by amending subsection (e) to read as follows: ``(e) Duties of the Director.-- ``(1) Interagency coordination of minority health and health disparity activities.--With respect to minority health and health disparities, the Director of the Institute shall plan, coordinate, and evaluate research and other activities conducted or supported by the institutes and centers of the National Institutes of Health. In carrying out the preceding sentence, the Director of the Institute shall evaluate the minority health and health disparity activities of each of such institutes and centers and shall provide for the periodic reevaluation of such activities. Such institutes and centers shall be responsible for providing information to the Institute, including data on clinical trials funded or conducted by these institutes and centers. ``(2) Consultations.--The Director of the Institute shall carry out this subpart (including developing and revising the plan and budget required by subsection (f) in consultation with the heads of the institutes and centers of the National Institutes of Health, the advisory councils of such institutes and centers, and the advisory council established pursuant to subsection (j). ``(3) Coordination of activities.--The Director of the Institute-- ``(A) shall act as the primary Federal official with responsibility for coordinating all research and activities conducted or supported by the National Institutes of Health on minority or other health disparities; ``(B) shall represent the health disparities research program of the National Institutes of Health, including the minority health and other health disparities research program, at all relevant executive branch task forces, committees, and planning activities; and ``(C) shall maintain communications with all relevant agencies of the Public Health Service, including the Indian Health Service, and various other departments and agencies of the Federal Government to ensure the timely transmission of information concerning advances in minority health disparities research and other health disparities research among these various agencies for dissemination to affected communities and health care providers.''; (2) by amending subsection (f) to read as follows: ``(f) Strategic Plan.-- ``(1) In general.--Subject to the provisions of this section and other applicable law, the Director of the Institute, in consultation with the Director of NIH, the Directors of the other institutes and centers of the National Institutes of Health, and the advisory council established pursuant to subsection (j), shall-- ``(A) annually review and revise a strategic plan (referred to in this section as `the plan') and budget for the conduct and support of all minority health disparity research and other health disparity research activities of the institutes and centers of the National Institutes of Health that include time-based targeted objectives with measurable outcomes and assure that the annual review and revision of the plan uses an established trans-National Institutes of Health process subject to timely review, approval, and dissemination; ``(B) ensure that the plan and budget establish priorities among the health disparities research activities that such agencies are authorized to carry out; ``(C) ensure that the plan and budget establish objectives regarding such activities, describe the means for achieving the objectives, and designate the date by which the objectives are expected to be achieved; ``(D) ensure that all amounts appropriated for such activities are expended in accordance with the plan and budget; ``(E) annually submit to Congress a report on the progress made with respect to the plan; and ``(F) create and implement a plan for the systemic review of research activities supported by the National Institutes of Health that are within the mission of both the Institute and other institutes and centers of the National Institutes of Health, including by establishing mechanisms for-- ``(i) tracking minority health and health disparity research conducted within the institutes and centers assessing the appropriateness of this research with regard to the overall goals and objectives of the plan; ``(ii) the early identification of applications and proposals for grants, contracts, and cooperative agreements supporting extramural training, research, and development, that are submitted to the institutes and centers that are within the mission of the Institute; ``(iii) providing the Institute with the written descriptions and scientific peer review results of such applications and proposals; ``(iv) enabling the institutes and centers to consult with the Director of the Institute prior to final approval of such applications and proposals; and ``(v) reporting to the Director of the Institute all such applications and proposals that are approved for funding by the institutes and centers. ``(2) Certain components of plan and budget.--With respect to health disparities research activities of the agencies of the National Institutes of Health, the Director of the Institute shall ensure that the plan and budget under paragraph (1) provide for-- ``(A) basic research and applied research, including research and development with respect to products; ``(B) research that is conducted by the agencies; ``(C) research that is supported by the agencies; ``(D) proposals developed pursuant to solicitations by the agencies and for proposals developed independently of such solicitations; and ``(E) behavioral research and social sciences research, which may include cultural and linguistic research in each of the agencies. ``(3) Minority health disparities research.--The plan and budget under paragraph (1) shall include a separate statement of the plan and budget for minority health disparities research.''; (3) by amending subsection (h) to read as follows: ``(h) Research Endowments.-- ``(1) In general.--The Director of the Institute shall carry out a program to facilitate minority health and health disparities research and other health disparities research by providing research endowments at-- ``(A) centers of excellence under section 736; and ``(B) centers of excellence under section 485F. ``(2) Eligibility.--The Director of the Institute shall provide for a research endowment under paragraph (1) only if the institution involved meets the following conditions: ``(A) The institution does not have an endowment that is worth in excess of an amount equal to 50 percent of the national average of endowment funds at institutions that conduct similar biomedical research or training of health professionals. ``(B) The application of the institution under paragraph (1) regarding a research endowment has been recommended pursuant to technical and scientific peer review and has been approved by the advisory council established pursuant to subsection (j). ``(C) The institution at any time was deemed to be eligible to receive a grant under section 736 and at any time received a research endowment under paragraph (1).''; and (4) by adding at the end the following: ``(k) Funding.-- ``(1) Full funding budget.-- ``(A) In general.--With respect to a fiscal year, the Director of the Institute shall prepare and submit directly to the President, for review and transmittal to Congress, a budget estimate for carrying out the plan for the fiscal year, after reasonable opportunity for comment (but without change) by the Secretary, the Director of the National Institutes of Health, the directors of the other institutes and centers of the National Institutes of Health, and the advisory council established pursuant to subsection (j). The budget estimate shall include an estimate of the number and type of personnel needs for the Institute. ``(B) Amounts necessary.--The budget estimate submitted under subparagraph (A) shall estimate the amounts necessary for the institutes and centers of the National Institutes of Health to carry out all minority health and health disparities activities determined by the Director of the Institute to be appropriate, without regard to the probability that such amounts will be appropriated. ``(2) Alternate budgets.-- ``(A) In general.--With respect to a fiscal year, the Director of the Institute shall prepare and submit to the Secretary and the Director of the National Institutes of Health the budget estimates described in subparagraph (B) for carrying out the plan for the fiscal year. The Secretary and such Director shall consider each of such estimates in making recommendations to the President regarding a budget for the plan for such year. ``(B) Description.--With respect to the fiscal year involved, the budget estimates referred to in subparagraph (A) for the plan are as follows: ``(i) The budget estimate submitted under paragraph (1). ``(ii) A budget estimate developed on the assumption that the amounts appropriated will be sufficient only for-- ``(I) continuing the conduct by the institutes and centers of the National Institutes of Health of existing minority health and health disparity activities (if approved for continuation), and continuing the support of such activities by the institutes and centers in the case of projects or programs for which the institutes or centers have made a commitment of continued support; and ``(II) carrying out activities that are in addition to activities specified in subclause (I), only for which the Director determines there is the most substantial need. ``(iii) Such other budget estimates as the Director of the Institute determines to be appropriate. ``(l) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014, to carry out this section.''.
Health Equity and Accountability through Research Act of 2009 - Amends the Public Health Service Act to rename the National Center on Minority Health and Health Disparities as the National Institute for Minority Health and Health Disparities. Revises and expands the duties of the Director of such Institute relating to coordination of research activities conducted by the National Institute of Health (NIH) and review of a strategic plan and budget for minority health disparity research.
To amend the Public Health Service Act to redesignate the National Center on Minority Health and Health Disparities as the National Institute for Minority Health and Health Disparities, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Development Lab Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The effectiveness of United States foreign assistance can be greatly enhanced by fostering innovation, applying science and technology, and leveraging the expertise and resources of the private sector to find low-cost, common sense solutions to today's most pressing development challenges. (2) Breakthroughs that accelerate economic growth and produce better health outcomes in developing countries can help support the growth of healthier, more stable societies and foster trade relationships that translate into jobs and economic growth in the United States. (3) In 2014, the Office of Science and Technology and the Office of Innovation and Development Alliances at the United States Agency for International Development (USAID) were streamlined and merged into the United States Global Development Lab. (4) The Lab partners with entrepreneurs, experts, nongovernmental organizations, universities, and science and research institutions to find solutions to specific development challenges in a faster, more cost-efficient, and more sustainable way. (5) The Lab utilizes competitive innovation incentive awards, a ``pay-for-success'' model, whereby a development challenge is identified, competitions are launched, ideas with the greatest potential for success are selected and tested, and awards are provided only after the objectives of a competition have been substantially achieved. (6) Enhancing the authorities that support this pay-for- success model will better enable the Lab to diversify and expand both the number and sources of ideas that may be developed, tested, and brought to scale, thereby increasing USAID's opportunity to apply high value, low-cost solutions to specific development challenges. SEC. 3. UNITED STATES GLOBAL DEVELOPMENT LAB. (a) Establishment.--There is established in USAID an entity to be known as the United States Global Development Lab. (b) Duties.--The duties of the Lab shall include-- (1) increasing the application of science, technology, innovation and partnerships to develop and scale new solutions to end extreme poverty; (2) discovering, testing, and scaling development innovations to increase cost effectiveness and support United States foreign policy and development goals; (3) leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; (4) utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and (5) supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decisionmaking, procurement, and program design. (c) Authorities.-- (1) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, in addition to such other authorities as may be available to the Administrator, including authorities under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the limitations described in paragraph (3), is authorized to-- (A) provide innovation incentive awards (as defined in section 4(5) of this Act); and (B) use funds made available to carry out the provisions of part I of the Foreign Assistance Act of 1961 for each of the fiscal years 2018 through 2022 for the employment of not more than 30 individuals on a limited term basis pursuant to schedule A of subpart C of part 213 of title 5, Code of Federal Regulations, or similar provisions of law or regulations. (2) Recovery of funds.-- (A) Authority.-- (i) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, subject to the limitation described in clause (ii), is authorized to require a person or entity that receives funding under a grant, contract, or cooperative agreement made by the Lab to return to the Lab any program income that is attributable to funding under such grant, contract, or cooperative agreement. (ii) Limitation.--The amount of program income that a person or entity is required to return to the Lab under clause (i) shall not exceed the amount of funding that the person or entity received under the grant, contract, or cooperative agreement. (B) Treatment of payments.-- (i) In general.--The amount of any program income returned to the Lab pursuant to subparagraph (A) may be credited to the account from which the obligation and expenditure of funds under the grant, contract, or cooperative agreement described in subparagraph (A) was made. (ii) Availability.-- (I) In general.--Except as provided in subclause (II), amounts returned and credited to an account under clause (i)-- (aa) shall be merged with other funds in the account; and (bb) shall be available, subject to appropriation, for the same purposes and period of time for which other funds in the account are available for programs and activities of the Lab. (II) Exception.--Amounts returned and credited to an account under clause (i) may not be used to pay for the employment of individuals described in paragraph (1)(B). (3) Limitations.-- (A) In general.--Concurrent with the submission of the Congressional Budget Justification for Foreign Operations for each fiscal year, the Administrator shall submit to the appropriate congressional committees a detailed accounting of USAID's use of authorities under this section, including the sources, amounts, and uses of funding under each of paragraphs (1) and (2). (B) Innovation incentive awards.--In providing innovation incentive awards under paragraph (1)(A), the Administrator shall-- (i) limit the amount of individual awards for fiscal year 2018 to not more than $100,000; (ii) limit the total number of awards for fiscal year 2018 to not more than 10 awards; and (iii) notify the appropriate congressional committees not later than 15 days after providing each such award. (C) Staff.--In exercising the authority under paragraph (1)(B), the Administrator should seek to ensure that increases in the number of staff assigned to the Lab are offset by an equivalent reduction in the total number of staff serving elsewhere in USAID. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committees on Foreign Relations and the Committee on Appropriations of the Senate. (3) Lab.--The term ``Lab'' means the United States Global Development Lab established under section 3. (4) USAID.--The term ``USAID'' means the United States Agency for International Development. (5) Innovation incentive award.--The term ``innovation incentive award'' means the provision of funding on a competitive basis that-- (A) encourages and rewards the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (B) helps identify and promote a broad range of ideas and practices, facilitating further development of an idea or practice by third parties.
Global Development Lab Act of 2017 This bill establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab, the duties of which shall include: increasing the application of science, technology, innovation and partnerships to develop new solutions to end extreme poverty; discovering and testing development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design. The lab is authorized to provide innovation incentive awards on a competitive basis that: (1) encourages and rewards the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (2) helps identify and promote a broad range of ideas and practices, facilitating further development of an idea or practice by third parties.
Global Development Lab Act of 2017
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consular Review Act of 1993''. SEC. 2. ESTABLISHMENT OF A BOARD OF VISA APPEALS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 224 the following new section: ``SEC. 225. BOARD OF VISA APPEALS. ``(a) Establishment.--The Secretary of State shall establish within the Department of State a Board of Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. No more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board. ``(b) Authority and Functions.--The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa and of a nonimmigrant visa or petition and the denial of an application for waiver of one or more grounds of excludability under section 212. The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a conclusive showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer. ``(c) Procedure.--Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that-- ``(1) at the time of any decision of a consular officer under subsection (b), an alien, attorney of record, and any interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review, ``(2) a written record of the proceedings and decision of the consular officer (in accordance with sections 556 and 557) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien, ``(3) upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b), ``(4) the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held, ``(5) the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose, and ``(6) a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation or cancellation. ``(d) Interested Parties.--The Board shall review each decision described in subsection (b) upon request of the alien or any of the following interested parties: ``(1) The petitioner or beneficiary of an immigrant visa petition approved under section 203(a), 203(b)(1), 203(b)(4), 203(b)(5), 203(c), or the petitioner of an immigrant visa petition approved under sections 203(b)(2) and 203(b)(3). ``(2) The petitioner of a nonimmigrant visa petition. ``(3) The postsecondary educational institution approved for the attendance of nonimmigrant students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice of the acceptance of the alien in its program. ``(4) A recognized international agency or organization approved as a program sponsor under section 101(a)(15)(J) which has provided notice of the acceptance of the alien in its program. ``(5) A treaty investor or trader individual or organization in the United States that, under section 101(a)(15)(E), has made an offer of employment to an alien to perform executive or supervisory management functions. ``(e) Limitation.--A review may not be requested under this section more than once in any 24 month period. ``(f) Construction.--This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law. ``(g) Fees.--The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section.''. (b) Effective Dates.-- (1) The amendment made by subsection (a) shall take effect 120 days after the date of the enactment of this Act. (2) Proposed regulations with respect to the amendment made by subsection (a) shall be promulgated not later than 30 days after the date of the enactment of this Act. (3) Members of the Board of Visa Appeals under section 225 of the Immigration and Nationality Act (as inserted by subsection (a)) shall be appointed not later than 120 days after the date of the enactment of this Act. (c) Technical Amendments.-- (1) Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (A) by striking ``except that'' and all that follows up to the period, and (B) by adding: ``An interested party under section 225(d) or court shall be permitted to inspect the record of proceeding as described in subsections (c)(2) and (c)(3) of section 225,''. (2) Section 104(a)(1) of such Act (8 U.S.C. 1104(a)(1)) is amended by striking the ``except'' and inserting ``including'', (3) The table of contents of such Act is amended by inserting after the item relating to section 224 the following new item: ``Sec. 225. Board of Visa Appeals.''.
Consular Review Act of 1993 - Amends the Immigration and Nationality Act to establish within the Department of State a Board of Visa Appeals to review, and revise if appropriate, consular determinations of alien excludability and visa denial or revocation. Authorizes specified interested parties to act on behalf of an alien seeking Board review.
Consular Review Act of 1993
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocal Access to Tibet Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The Chinese Government does not grant United States officials, journalists, and other citizens access to the People's Republic of China on a reciprocal basis to the access the United States Government grants Chinese officials, journalists, and citizens. (2) The Chinese Government imposes greater restrictions on travel to Tibetan areas than to other areas of the People's Republic of China. (3) Officials of the People's Republic of China have stated that Tibet is open to foreign visitors. (4) The Chinese Government is promoting tourism in Tibetan areas, and has announced plans to make tourism a ``pillar industry'' for the region. (5) The Chinese Government requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in the People's Republic of China. (6) The Department of State reports that the Tibet Foreign and Overseas Affairs Office denied more than 10 requests for United States diplomatic access to the Tibet Autonomous Region between May 2011 and December 2012, and that when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities. (7) The Chinese Government restricted United States consular access after an October 28, 2013, bus crash in the Tibet Autonomous Region, in which at least two Americans died and more than a dozen others, all from Walnut, California, were injured. (8) The Chinese Government has failed to respond positively to the United States Government's request to open a consulate in Lhasa, Tibet Autonomous Region. (9) The Department of State reports that the Chinese government regularly denies requests by American diplomats, foreign journalists, and observers to visit Tibetan areas, and that those permitted to visit are subject to ``highly structured, government-organized tours'' that limit independent, objective reporting. (10) The Department of State reports that foreign diplomats who were permitted to travel in Tibetan areas outside the Tibet Autonomous Region were ``repeatedly approached by local police and sometimes forced to leave without reasonable explanation''. (11) The Department of State reports that permission is not always granted to foreign tourists, and that when granted, Lhasa, Rikaze (Shigatse), and Shannan (Lhoka) are usually the only places in the Tibet Autonomous Region open to foreigners. (12) Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region. (13) Foreign visitors to Tibetan areas are explicitly limited to tours that are tightly managed by authorities. (14) Restrictions on journalists' access to Tibetan areas conflict with government regulations, adopted in 2008, lifting requirements that foreign journalists get permission of local authorities to travel in the country and interview Chinese citizens. (15) The United States Government generally allows journalists and other citizens of the People's Republic of China to travel freely within the United States. The United States Government requires Chinese diplomats to notify the Department of State of their travel plans, and in certain situations, the United States Government requires Chinese diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously. (16) The United States regularly grants visas to Chinese officials, scholars, and others who travel to the United States to discuss, promote and display the Chinese Government's perspective on the situation in Tibetan areas, even as the Chinese Government restricts the ability of United States citizens to travel to Tibetan areas to gain their own perspective. (17) Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet. (18) The Chinese Government characterizes statements made by United States officials about the situation in Tibetan areas as inappropriate interference in the internal affairs of China. SEC. 3. DEFINITIONS. In this Act: (1) Tibetan areas.--The term ``Tibetan areas'' includes-- (A) the Tibet Autonomous Region (TAR); and (B) the prefectures and counties of the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People's Republic of China that the Chinese Government designates as ``Tibetan Autonomous'' areas. (2) Senior leadership positions.--The term ``senior leadership positions'' means-- (A) at the provincial level, the Governor, the Vice Governor, the Party Secretary, the Party Disciplinary Committee Secretary, the Party Politics and Law Committee Secretary, the Organization Department Director, the Chairman of the Standing Committee of the People's Congress for the Autonomous Region or Province, the Chairman of the Autonomous Region or Provincial Committee of the People's Political Consultative Conference, the head of the Tibetan Autonomous Region Communist Party Committee United Front Work Department, the head of the Tibetan Autonomous Region Communist Party Committee Political and Legal Commission, the heads of the Tibetan Autonomous Region Public Security and State Security Bureaus, the Commander of the People's Armed Police, the head of the Foreign and Overseas Affairs Office, the Director of the Tibet Tourism Bureau in the Tibet Autonomous Region, and the Party Secretary and Mayor of Lhasa and the relevant provincial capitals; (B) at the prefectural and county levels, the Party Secretary, the Deputy Party Secretaries, the prefecture and county heads and deputy heads, the Secretary General, and the Deputy Secretary General; (C) at the national level, the Director of the Communist Party Central Committee United Front Work Department, the Director of the State Ethnic Affairs Commission, the Director of the State Administration for Religious Affairs, the Director of the State Council Information Office, and the Director of the Foreign Affairs Office of the State Council Information Office; (D) at the regional level, the Regional People's Armed Police and Military Commanders with jurisdiction in Tibetan areas; and (E) any other individual determined by the Secretary of State to be personally and substantially involved in the formulation or execution of policies in Tibetan areas. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the United States Senate. SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than 90 days after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that provides-- (1) an assessment of the level of access Chinese authorities granted United States diplomats, journalists, and tourists to Tibetan areas in the People's Republic of China, including a comparison with the level of access granted to other areas of the People's Republic of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, and a description of the required permits and other measures that impede the freedom to travel in Tibetan areas; (2) a list of the persons in senior leadership positions in the Tibet Autonomous Region; (3) a list of the persons in senior leadership positions in the provinces of Sichuan, Qinghai, Yunnan, and Gansu Provinces of the People's Republic of China; (4) a list of the persons in senior leadership positions in Kardze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Tibetan Autonomous Prefecture, Muli (Mili) Autonomous County of Sichuan Province, Tsonub (Haixi) Mongol and Tibetan, Tsojang (Haibei) Tibetan, Malho (Huangnan) Tibetan, Yulshul (Yushu) Tibetan, and Golog (Guoluo) Tibetan Autonomous Prefectures of Qinghai Province, Dechen (Diqing) Tibetan Autonomous Prefecture of Yunnan Province, and the Kanlho (Gannan) Tibetan Autonomous Prefecture and Pari (Tianzhu) Tibetan Autonomous County of Gansu Province; (5) a list of the persons in senior leadership positions at the national level as defined in section 3(2)(C); and (6) a list of the persons in senior leadership positions at the regional level as defined in section 3(2)(D). (b) Public Availability.--The report required under subsection (a) shall be made available on the website of the Department of State. SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if such alien is on the list required by-- (1) subsection (a)(2) of section 4, and if the Secretary of State determines that the requirements for specific official permission for foreigners to travel to the Tibet Autonomous Region remain in effect, or that the current permission system has been replaced by a requirement that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People's Republic of China; (2) subsections (a)(3) and (a)(4) of section 4, and if the Secretary of State determines that restrictions on travel by United States officials, journalists, and citizens to areas designated as ``Tibetan autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People's Republic of China are greater than any restrictions on travel by United States officials, journalists, and citizens to areas in such provinces that are not so designated; or (3) subsections (a)(5) and (a)(6) of section 4, and if the Secretary of State determines that the requirement for a specific permission to enter Tibet pertaining to travel by foreigners to the Tibet Autonomous Region remain in effect, or that the requirement has been replaced by a regulation that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People's Republic of China, and if the Secretary of State determines that restrictions on travel by United States officials and citizens to areas designated as ``Tibetan Autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People's Republic of China are greater than any restrictions on travel by United States officials and citizens to areas in such provinces that are not so designated. (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a). (c) Waiver for National Interests.-- (1) In general.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver-- (A) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (B) is in the national security interests of the United States. (2) Notification.--Upon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to subparagraph (B) of such paragraph, how such waiver relates to the national security interests of the United States. SEC. 6. VISA POLICY. It is the sense of Congress that-- (1) reciprocity forms the basis of diplomatic law and the practice of mutual exchanges between countries; (2) a country should give equivalent consular access to the nationals of another country in a reciprocal manner to the consular access granted by such other country to its own citizens; and (3) the Secretary of State, when granting diplomats from the People's Republic of China access to parts of the United States, should take into account the extent to which the Government of the People's Republic of China grants United States diplomats access to parts of the People's Republic of China, including the level of access afforded to such diplomats to Tibetan areas.
Reciprocal Access to Tibet Act of 2014 - Directs the Secretary of State to submit an annual, publicly-available report to Congress containing: (1) an assessment of the level of access Chinese authorities granted U.S. diplomats, journalists, and tourists to Tibetan areas in China; (2) a list of the persons in senior leadership positions in Tibet Autonomous Region and other specified provinces, prefectures, and autonomous entities; and (3) a list of the persons in senior leadership positions at the national and regional levels as defined by this Act. Makes certain listed persons ineligible for U.S entry under specified circumstances. Expresses the sense of Congress that: (1) reciprocity forms the basis of diplomatic law and the practice of mutual exchanges between countries; (2) consular access should be given on a reciprocal basis; and (3) the Secretary, when granting Chinese diplomats access to parts of the United States, should take into account the extent to which China grants U.S. diplomats access to parts of China, including the level of access to Tibetan areas.
Reciprocal Access to Tibet Act of 2014
SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights in India Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In India, tens of thousands of political prisoners, including prisoners of conscience, are being held without charge or trial under special or preventive detention laws. (2) The special and preventive detention laws most frequently cited by human rights organizations are the Terrorist and Disruptive Activities (Prevention) Act (TADA) of 1987, the National Security Act of 1980, the Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983, the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990, and the Jammu and Kashmir Public Safety Act of 1978. (3) These laws provide the military and police forces of India sweeping powers of arrest and detention with broad powers to shoot to kill with virtual immunity from prosecution. (4) These laws contravene important international human rights standards established under the International Covenant on Civil and Political Rights, to which India is a party, such as the right of liberty and security, the right to a fair trial, the right to freedom of expression, and the right not to be subjected to torture or arbitrary arrest and detention. (5) Throughout India, political detainees are often held for several months, and in some cases a year, without access to family, friends, or legal counsel. (6) Throughout India, the torture of detainees has been routine, and scores of people have died in police and military custody as a result. (7) Throughout India, scores of political detainees have ``disappeared'' and hundreds of people are reported to have been extrajudicially executed by military and police forces. (8) In Punjab, the Punjab Government encouraged extrajudicial executions by offering bounties for the killing of militants and paid over 41,000 such bounties between 1991 and 1993. (9) Abuses by the military and police forces of India are particularly widespread in the states of Punjab, Assam, Manipur, Nagaland, and the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India. (10) Many victims come from underprivileged and vulnerable sections of society in India, particularly the scheduled castes and tribes. (11) The establishment of the National Human Rights Commission by the Government of India is an important first step toward improving the human rights record of India. (12) However, many human rights organizations are deeply concerned about the severe limitations placed on the powers, mandate, and methodology of the National Human Rights Commission. (13) In 1994, the decision by the Government of India to allow the International Committee of the Red Cross to provide limited humanitarian assistance in the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India was an important first step in providing international humanitarian organizations greater access to troubled areas of India. (14) However, in 1994, the Government of India continued to prohibit several international human rights organizations from conducting independent investigations in the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India and provided only limited access to such organizations to other states such as Punjab, Assam, Manipur, and Nagaland where significant human rights problems exist. (15) In India, armed opposition groups have committed human rights abuses. (16) Several human rights organizations have called on such armed opposition groups to respect basic standards of humanitarian law which require that individuals not taking part in hostilities should at all times be treated humanely. SEC. 3. LIMITATION ON DEVELOPMENT ASSISTANCE FOR INDIA UNLESS CERTAIN STEPS ARE TAKEN BY THE GOVERNMENT OF INDIA TO IMPROVE HUMAN RIGHTS IN INDIA. (a) Limitation.--The President may not provide development assistance for India for any fiscal year unless the President transmits to the Congress a report containing a certification for such fiscal year that the Government of India meets the following requirements: (1) The Government of India has released all prisoners of conscience in India. (2) The Government of India ensures that all political prisoners in India are brought to trial promptly and fairly, or released, and have prompt access to legal counsel and family members. (3) The Government of India has eliminated the practice of torture in India by the military and police forces. (4) The Government of India impartially investigates all allegations of torture and deaths of individuals in custody in India. (5) The Government of India has established the fate or whereabouts of all political detainees in India who have ``disappeared''. (6) The Government of India brings to justice those members of the military and police forces responsible for torturing or improperly treating prisoners in India. (7) The Government of India permits citizens of India who are critical of such Government to travel abroad and return to India. (8) The Government of India ensures that human rights monitors in India are not targeted for arrest or harassment by the military and police forces of India. (9) The Government of India permits both international and domestic human rights organizations and international and domestic television, film, and print media full access to all states in India where significant human rights problems exist. (b) Requirement for Continuing Compliance.--Any certification with respect to the Government of India for a fiscal year under subsection (a) shall cease to be effective for that fiscal year if the President transmits to the Congress a report containing a determination that such Government has not continued to comply with the requirements contained in paragraphs (1) through (9) of such subsection. (c) Waiver.--The limitation on development assistance for India contained in subsection (a) shall not apply if the President transmits to the Congress a report containing a determination that providing such assistance for India is in the national security interest of the United States. (d) Definitions.--As used in this section: (1) 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.). (2) India.--The term ``India'' includes the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India. (e) Effective Date.--The prohibition contained in subsection (a) shall apply with respect to the provision of development assistance beginning 9 months after the date of the enactment of this Act.
Human Rights in India Act - Prohibits development assistance for India for any fiscal year unless the President certifies to the Congress that the Government of India: (1) has released all prisoners of conscience; (2) ensures that all political prisoners are brought to trial promptly and fairly or released and have access to legal counsel and family members; (3) has eliminated the practice of torture by the military and police forces; (4) impartially investigates all allegations of torture and deaths of individuals in custody; (5) has established the fate or whereabouts of all political detainees who have disappeared; (6) brings to justice members of the military and police forces responsible for torturing or improperly treating prisoners; (7) permits citizens who are critical of such Government to travel abroad and return to India; (8) ensures that human rights monitors are not targeted for arrest or harassment by the military and police forces; and (9) permits human rights organizations and television, film, and print media full access to all states in India where significant human rights problems exist. Waives such prohibition if such waiver is in the national security interest.
Human Rights in India Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Embassy Construction and Counterterrorism Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 17, 1998, two United States embassies in Nairobi, Kenya, and in Dar Es Salaam, Tanzania, were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attack. (2) The United States personnel in both Dar Es Salaam and Nairobi showed leadership and personal courage in their response to the attacks. Despite the havoc wrecked upon the embassies, staff in both embassies provided rapid response in locating and rescuing victims, providing emergency assistance, and quickly restoring embassy operations during a crisis. (3) The bombs are believed to have been set by individuals associated with Osama bin Laden, leader of a known transnational terrorist organization. In February of 1998 Bin Laden issued a directive to his followers that called for attacks against American interests anywhere in the world. (4) Following the bombings, additional threats have been made against United States diplomatic facilities. (5) A review board was convened following the bombings, as required by Public Law 99-399. The panel was chaired by Admiral William J. Crowe, United States Navy (Ret). (6) The conclusions of the Crowe panel are strikingly similar to those stated by the Inman Commission, which issued an extensive embassy security report more than 14 years ago. (7) Admiral Crowe's panel issued a report setting out the following two striking problems: (A) The United States has devoted inadequate resources towards security against terrorist attacks. (B) The United States Government places too low a priority on security concerns. The result has been a failure to take adequate steps to prevent tragedies such as the bombings in Kenya and Tanzania. (8) The Crowe panel found that there was an institutional failure on the part of the Department of State and embassies under its direction, to recognize threats posed by transnational terrorism and vehicular bombs. (9) Responsibility for obtaining adequate resources for security programs is widely shared throughout the United States Government, including Congress. Unless the vulnerabilities identified in the Crowe report are addressed in a sustained and financially realistic manner, the lives and safety of United States employees in diplomatic facilities will continue to be at risk from further terrorist attacks. (10) Although service in the Foreign Service or other Government positions in foreign countries can never be completely without risk, the United States must ensure that the risks are kept to a minimum. SEC. 3. UNITED STATES DIPLOMATIC FACILITY DEFINED. In this Act, the term ``United States diplomatic facility'' means any embassy, chancery, legation, consulate or other office building or structure used by a United States diplomatic mission or consular post or by any agency of the United States. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Authority.--The Secretary of State may use funds available under the account established in subsection (b) for the purposes of constructing, or providing security upgrades to, United States diplomatic facilities in order to meet the security requirements set forth in section 6. (b) Establishment of Account.--There is established in the general fund of the Treasury of the United States an appropriations account for the Department of State which shall be known as the ``Embassy Construction and Security'' account. (c) Certification.--Prior to obligation of any amount from the Embassy Construction and Security account, the Secretary of State shall certify to Congress, in classified form, that construction or upgrading of the United States diplomatic facility is necessary to bring the United States into compliance with all applicable security requirements, including those requirements set forth in section 6. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Department of State under ``Embassy Construction and Security''-- (A) for fiscal year 2000, $600,000,000; (B) for fiscal year 2001, $600,000,000; (C) for fiscal year 2002, $600,000,000; (D) for fiscal year 2003, $600,000,000; and (E) for fiscal year 2004, $600,000,000. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 5. OBLIGATION OF FUNDS. (a) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a classified report to Congress containing an identification of those United States diplomatic facilities that are most vulnerable to terrorist attack and setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. (b) Priority of Rebuilding Efforts.--Funds in the Embassy Construction and Security account allocated for construction of new embassies shall be used to rebuild only those embassies in the top three tiers, as designated by the Secretary of State. (c) Advanced Congressional Notifications.--Prior to obligation of funds in the Embassy Construction and Security account, or the reprogramming of funds out of that account, the Secretary of State shall notify the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with section 34(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706(a)), of the Secretary's intent to obligate or reprogram the funds, as the case may be. SEC. 6. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES. (a) Description of Requirements.--The following security requirements shall apply with respect to United States diplomatic facilities: (1) Threat assessments.-- (A) The Emergency Action Plan (EAP) of each United States mission shall address threats from large vehicular bombs and transnational terrorism. (B) The ``Composite Threat List'' shall contain a section that addresses acts of international terrorism against United States diplomatic facilities based on criteria for identifying threats that emphasize the threat of transnational terrorism and includes such other criteria as the physical security environment, host government support, and cultural realities. (2) Site selection.-- (A) In selecting sites for new United States diplomatic facilities abroad, all United States Government agencies (except military installations) shall be located on the same compound. (B) The Secretary of State and the relevant agency head may waive subparagraph (A) if the Secretary and the agency head jointly certify to Congress that security requirements so permit. (C) Any waiver under this paragraph shall be exercised only in accordance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706). (3) Perimeter distance.--Each newly constructed or acquired United States diplomatic facility shall be sited not less than 100 feet from the perimeter of the property on which the facility is situated. (4) Crisis management training.-- (A) The appropriate personnel of the Department of State shall undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities which are designed to bring about a rapid response to such incidents from Department of State headquarters in Washington, D.C. (B) A program of appropriate instruction in crisis management shall be provided to personnel at United States diplomatic facilities abroad. (5) Foreign emergency support team.--The Foreign Emergency Support Team (FEST) of the Department of State shall receive sufficient support from the Department, including-- (A) conducting routine training exercises through the FEST; (B) providing personnel identified to serve on the FEST as a collateral duty; (C) providing personnel to assist in medical relief, public affairs, engineering, and building safety; and (D) providing such additional support as may be necessary to enable the FEST to provide support in a post-crisis environment involving mass casualties and physical damage. (6) Rapid response procedures.--The Secretary of State shall enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to United States diplomatic facilities. (7) Storage of emergency equipment and records.--All United States diplomatic missions shall have emergency equipment and records stored at a secure off-site facility. (b) Review and Revision by the Secretary of State.--The Secretary of State shall review and revise security requirements in effect for United States diplomatic facilities as of the date of enactment of this Act to ensure their compliance with the security requirements described in subsection (a). SEC. 7. CLOSURE OF VULNERABLE POSTS. (a) Review.--The Secretary of State shall review the findings of the Overseas Presence Advisory Panel. (b) Report.-- (1) In general.--Not later than January 1, 2000, the Secretary of State shall submit a report to Congress in classified form setting forth the results of the review conducted under subsection (a). (2) Elements of the report.--The report shall-- (A) specify whether any United States diplomatic facility should be closed because-- (i) the facility is high vulnerability and subject to threat of terrorist attack; and (ii) adequate security enhancements cannot be provided to the facility; and (B) identify plans to provide secure premises for permanent use by the United States diplomatic mission, whether in country or in a regional United States diplomatic facility, or for temporary occupancy pending construction of new buildings. SEC. 8. CURRENT AND PROJECTED ROLE AND FUNCTION OF EACH UNITED STATES DIPLOMATIC FACILITY. Not later than January 1, 2000, the Secretary of State shall submit a report to Congress, in classified and unclassified form, on the role and function of each United States diplomatic facility through 2010. The report shall describe-- (1) the potential for reduction or transfer of personnel and equipment if technology is adequately exploited for maximum efficiencies; (2) the balance between the cost of maintaining a secure United States diplomatic facility and the benefit of a United States presence; (3) the potential for relying on regional United States diplomatic facilities in certain parts of the world; and (4) necessary upgrades, in order of importance, for such facilities. SEC. 9. OVERSEAS SERVICE STAR. The State Department Basic Authorities Act of 1956 is amended by inserting after section 36 (22 U.S.C. 2708) the following new section: ``SEC. 36A. THE OVERSEAS SERVICE STAR. ``(a) Authority.--The President, upon the recommendation of the Secretary, may award an overseas service star to any member of the Foreign Service or any other civilian employee of the Government of the United States who, after August 1, 1998, while employed at, or assigned permanently or temporarily to, an official mission overseas or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not the wound, other injury, or illness resulted in death)-- ``(1) as the person was performing official duties; ``(2) as the person was on the premises of a United States mission abroad; or ``(3) by reason of the person's status as a United States Government employee. ``(b) Cases Resulting From Unlawful Conduct.--Cases covered by subsection (a) include cases of wounds or other injuries incurred as a result of terrorist or military action, civil unrest, or criminal activities directed at any facility of the Government of the United States. ``(c) Selection Criteria.--The Secretary shall prescribe the procedures for identifying and considering persons eligible for award of an overseas service star and for selecting the persons to be recommended for the award. ``(d) Award in the Event of Death.--If a person selected for award of an overseas service star dies before being presented the award, the award may be made and the star presented to the person's family or to the person's representative, as designated by the President. ``(e) Form of Award.--The Secretary shall prescribe the design of the overseas service star. The award may not include a stipend or any other cash payment. ``(f) Funding.-- ``(1) Any expenses incurred for awarding a person an overseas service star may be paid out of appropriations available at the time of the award for personnel of the department or agency of the United States Government in which the person was employed when the person incurred the wound, injury, or illness upon which the award is based. ``(2) Limitation.--No funds may be made available under this section for cash payments to recipients.''.
Secure Embassy Construction and Counterterrorism Act of 1999 - Establishes within the Treasury an embassy construction and security account for the purpose of constructing, or providing security upgrades to, U.S. diplomatic facilities in order to meet specified security requirements, including that: (1) threat assessments such as the Emergency Action Plan and the Composite Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, that all U.S. Government agencies (except military installations) be located on the same compound; (3) each newly constructed or acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate Department of State and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) there is adequate Department of State support for the Foreign Emergency Support Team; (6) the Secretary of State enter into a memorandum of understanding with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S. diplomatic facilities; and (7) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility. Authorizes appropriations. (Sec. 5) Directs the Secretary of State to report to Congress an identification of U.S. diplomatic facilities that are most vulnerable to terrorist attack, setting out, in tiers of 20, those facilities from the most to the least vulnerable to such an attack. Requires account funds allocated for construction of new embassies to be used to rebuild only those embassies in the top three tiers. (Sec. 7) Directs the Secretary to review, and report to Congress on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas. (Sec. 8) Directs the Secretary to report to Congress on the role and function of each U.S. diplomatic facility through 2010. (Sec. 9) Amends the State Department Basic Authorities Act of 1956 to authorize the President to award an overseas service star to any member of the Foreign Service or any other civilian Government employee who while employed at, or assigned permanently or temporarily to, an official mission overseas, or while traveling abroad on official business, incurred a wound or other injury or an illness (whether or not resulting in death): (1) as the person was performing official duties; (2) as the person was on the premises of a U.S. mission abroad; or (3) by reason of the person's status as a U.S. Government employee. Specifies award requirements.
Secure Embassy Construction and Counterterrorism Act of 1999
SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm to School Act of 2015''. SEC. 2. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM. Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) is amended-- (1) in paragraph (1)-- (A) by striking the paragraph designation and heading and all that follows through ``In this subsection, the'' and inserting the following: ``(1) Definitions.--In this subsection: ``(A) Agricultural producer.--The term `agricultural producer' means a farmer, rancher, or fisher (including of farm-raised fish). ``(B) Eligible school.--The''; and (B) in subparagraph (B) (as so redesignated), by inserting ``, including the summer food service program for children under section 13 and the early care and afterschool portions of the child and adult care food program under section 17,'' after ``under this Act''; (2) in paragraph (2), by striking ``and nonprofit entities through grants and technical assistance'' and inserting ``land- grant colleges and universities, and nonprofit entities through grants, technical assistance, and research''; (3) in paragraph (3)-- (A) in subparagraph (A)-- (i) in clause (i), by inserting ``and technical assistance'' after ``training''; (ii) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and (iii) by inserting after clause (v) the following: ``(vi) implementing agricultural literacy and nutrition education;''; and (B) by striking subparagraph (C) and inserting the following: ``(C) Improved procurement and distribution.-- ``(i) In general.--In awarding grants under this subsection, the Secretary shall seek to improve local food procurement and distribution options for agricultural producers and eligible schools. ``(ii) Aggregation, processing, transportation, and distribution.--In advancing local food procurement options and other farm to school objectives, the Secretary may provide funding for projects that include innovative approaches to aggregation, processing, transportation, and distribution. ``(D) Awards.-- ``(i) Maximum amount.--The total amount provided to a grant recipient under this subsection shall not exceed $200,000. ``(ii) Term.--The term of an award shall not exceed 3 years. ``(iii) Purpose and scope.--In making awards under this subsection, the Secretary shall seek to make awards of diverse amounts and duration in order to best match the award to the purpose and scope of the project to be funded. ``(E) Limitation.--The Secretary may not award a grant under this subsection if the grant funds would be used solely for the purpose of carrying out a conference.''; (4) in paragraph (5)-- (A) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and indenting the clauses appropriately; (B) in clause (ii) (as so redesignated), by striking ``lunches'' and inserting ``meals''; (C) in the matter preceding clause (i) (as so redesignated), by striking ``To the maximum extent practicable'' and inserting the following: ``(A) In general.--To the maximum extent practicable''; (D) in clause (vi) (as so redesignated), by striking ``and'' at the end; (E) by redesignating clause (vii) (as so redesignated) as clause (viii); (F) by inserting after clause (vi) (as so redesignated) the following: ``(vii) expand the selection of local commodities for eligible schools; and''; and (G) by adding at the end the following: ``(B) Tribal community projects.--In the case of projects serving tribal communities, the Secretary shall, to the maximum extent practicable, give highest priority to projects that best use products from tribal agricultural producers, as determined by the Secretary.''; (5) in paragraph (7)-- (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (B) by striking the paragraph designation and heading and all that follows through ``nonprofit entities--'' and inserting the following: ``(7) Technical assistance and research.-- ``(A) In general.--The Secretary shall provide technical assistance, research, and information to assist eligible schools, State and local agencies, Indian tribal organizations, agricultural producers or agricultural producer groups, and nonprofit entities-- ''; (C) in subparagraph (A) (as so designated)-- (i) in clause (ii) (as so redesignated), by striking ``and'' at the end; (ii) in clause (iii) (as so redesignated), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(iv) to increase awareness of, and participation in, farm to school programs among agricultural and aquaculture producers or agricultural producer groups, including beginning, veteran, and socially disadvantaged farmers and ranchers.''; and (D) by adding at the end the following: ``(B) Review.-- ``(i) In general.--Not later than 1 year after the date of enactment of the Farm to School Act of 2015 and every 3 years thereafter, the Secretary shall review and submit to the Committee on Agriculture and the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the progress that has been made in identifying and eliminating regulatory and other barriers related to developing farm to school programs. ``(ii) Requirements.--In preparing the report, the Secretary shall examine-- ``(I) the direct and indirect regulatory compliance costs affecting the production and marketing of locally or regionally produced agricultural food products to school food programs; and ``(II) barriers to local and regional market access for small-scale production.''; (6) in paragraph (8)-- (A) in subparagraph (A), by striking ``$5,000,000'' and inserting ``$15,000,000''; and (B) by adding at the end the following: ``(C) Administration.--Of the funds provided to the Secretary under subparagraph (A), not more than 5 percent may be used to pay administrative costs incurred by the Secretary in carrying out this subsection.''; and (7) in paragraph (9), by striking ``2011 through 2015'' and inserting ``2016 through 2021''.
Farm to School Act of 2015 This bill amends the Richard B. Russell National School Lunch Act to reauthorize the Department of Agriculture's (USDA's) Farm to School Program through FY2021 and modify the program. The program currently provides grants and technical assistance to schools, state and local agencies, Indian tribal organizations, agricultural producers, and nonprofit entities to improve access to local foods in schools. The bill makes schools participating in the Summer Food Service Program for children, the early care and afterschool portions of the Child and Adult Care Food Program, and the School Breakfast Program eligible to participate in the program. It also permits USDA to provide land-grant colleges and universities with grants, research, and technical assistance under the program. The purposes for grants awarded under the program are expanded to include agricultural literacy and nutrition education. The bill requires USDA to provide technical assistance, research, and information to increase awareness of and participation in farm to school programs among agricultural producers. In awarding grants, USDA must improve local food procurement and distribution options for agricultural producers and eligible schools. USDA is permitted to fund projects that include innovative approaches to aggregation, processing, transportation, and distribution. The bill establishes new limitations on the amount and duration of grants. The bill also establishes reporting requirements and limits funds that may be used for administrative costs.
Farm to School Act of 2015
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare VA Reimbursement Act of 2009''. SEC. 2. ESTABLISHMENT OF MEDICARE SUBVENTION FOR VETERANS. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by adding at the end the following new subsection: ``(n) Medicare Subvention for Veterans.-- ``(1) Establishment.--The Secretary of Health and Human Services, in cooperation with the Secretary of Veterans Affairs, shall establish a program to be known as the `Medicare VA reimbursement program' under which the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs, from the Federal Hospital Insurance Trust Fund established in section 1817 and the Federal Supplementary Medical Insurance Trust Fund established in section 1841, for an item or service that-- ``(A) is furnished to a Medicare-eligible veteran by a Department of Veterans Affairs medical facility for the treatment of a non-service-connected condition; and ``(B) is covered under this title or is determined to be medically necessary by the Secretary of Veterans Affairs. ``(2) Memorandum of understanding.-- ``(A) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall enter a memorandum of understanding with the Secretary of Veterans Affairs concerning the administration of the Medicare VA reimbursement program. ``(B) Contract elements.--The memorandum of understanding under subparagraph (A) shall contain the following: ``(i) Frequency of reimbursement.--An agreement on how often reimbursements will be made by the Secretary of Health and Human Services to the Secretary of Veterans Affairs. ``(ii) Billing system.--An agreement on the details of the billing system that will be used by the Secretary of Veterans Affairs to make claims for reimbursement from the Secretary of Health and Human Services. ``(iii) Data sharing agreement.--An agreement on data sharing, including-- ``(I) identification of the data exchanges that each Secretary will need to develop, maintain, or provide access to, for purposes of the Medicare VA reimbursement program; and ``(II) verification of data demonstrating that a item or service was provided by a Department of Veterans Affairs medical facility to a Medicare-eligible veteran for a non- service-connected condition before the Secretary of Health and Human Services provides for reimbursement for such item or service under the Medicare VA reimbursement program. ``(iv) Payment rate.--Subject to the requirements of paragraph (3), details of the payment rate to be used for reimbursements made under the Medicare VA reimbursement program. ``(v) Performance measures.--An agreement on performance measures and performance targets to be used to demonstrate the impact of the Medicare VA reimbursement program. ``(vi) Additional terms.--Any additional terms deemed necessary by the administering Secretaries. ``(C) No maintenance of effort requirement.--For purposes of the Medicare VA reimbursement program, the Secretary of Veterans Affairs shall not be required to meet a maintenance of effort requirement (a requirement that the Secretary of Veterans Affairs maintain a certain level of spending in order to receive reimbursement from the Secretary of Health and Human Services). ``(3) Payments based on regular medicare payment rates.-- ``(A) Amount.--Subject to the succeeding provisions of this paragraph, the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs-- ``(i) for an item or service that is covered under this title and is provided to a Medicare-eligible veteran by a Department of Veterans Affairs medical facility for the treatment of a non-service-connected condition, at a rate that is not less than 100 percent of the amounts that otherwise would be payable under this title, on a fee-for-service basis, for such item or service if the Department of Veterans Affairs medical facility were a provider of services, were participating in the Medicare program, and imposed charges for such item or service; and ``(ii) for an item or service that is not covered under this title that is provided to a Medicare-eligible veteran by a Department of Veterans Affairs medical facility for the treatment of a non-service-connected condition, if the Secretary of Veteran's Affairs determines that such item or service is medically necessary, at a rate determined by the Secretary of Health and Human Services in consultation with the Secretary of Veterans Affairs. ``(B) No arbitrary limitation on amount.--Subject to the requirements of this subsection, the Secretary of Health and Human Services may not impose an annual cap or other limit on the amount of reimbursement made under the Medicare VA reimbursement program. ``(C) Exclusion of certain amounts.--In computing the amount of payment under subparagraph (A), the following amounts shall be excluded: ``(i) Disproportionate share hospital adjustment.--Any amount attributable to an adjustment under section 1886(d)(5)(F). ``(ii) Direct graduate medical education payments.--Any amount attributable to a payment under section 1886(h). ``(iii) Indirect medical education adjustment.--Any amount attributable to the adjustment under section 1886(d)(5)(B). ``(iv) Capital payments.--Any amounts attributable to payments for capital-related costs under section 1886(g). ``(D) Periodic payments from medicare trust funds.--Reimbursements under this paragraph shall be made-- ``(i) on a periodic basis consistent with the periodicity of payments under this title; and ``(ii) from the Federal Hospital Insurance Trust Fund established in section 1817 and the Federal Supplementary Medical Insurance Trust Fund established in section 1841. ``(E) Crediting of payments.--Any payment made to the Department of Veterans Affairs under this subsection shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of title 38, United States Code. ``(4) Cost-sharing requirements.--The Secretary of Health and Human Services shall reduce the amount of reimbursement to the Secretary of Veterans Affairs for items and services under the Medicare VA reimbursement program by amounts attributable to applicable deductible, coinsurance, and cost-sharing requirements under this title. ``(5) Waiver of prohibition on payments to federal providers of services.--The prohibition of payments to Federal providers of services under sections 1814(c) and 1835(d) shall not apply to items and services provided under this subsection. ``(6) Rules of construction.--Nothing in this subsection shall be construed-- ``(A) as prohibiting the Inspector General of the Department of Health and Human Services from investigating any matters regarding the expenditure of funds under this subsection, including compliance with the provisions of this title and all other relevant laws; ``(B) as adding or requiring additional criteria for eligibility for health care benefits furnished to veterans by the Secretary of Veterans Affairs, as established under chapter 17 of title 38, United States Code; or ``(C) subject to the requirements of title 38, United States Code, as limiting a veteran's ability to access such benefits, regardless of the veteran's status as a Medicare-eligible veteran. ``(7) Annual reports.--Not later than one year after implementing the program under this subsection and annually thereafter, the administering Secretaries shall submit to the Congress a report containing the following: ``(A) The number of Medicare-eligible veterans who opt to receive health care at a Department of Veterans Affairs medical facility. ``(B) The total amount of reimbursements made from the Federal Hospital Insurance Trust Fund established in section 1817 and the Federal Supplementary Medical Insurance Trust Fund established in section 1841 to the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of title 38, United States Code. ``(C) The number and types of items and services provided to Medicare-eligible veterans by Department of Veterans Affairs medical facilities under this subsection. ``(D) An accounting of the manner in which the Department of Veterans Affairs expended funds received through reimbursements under this subsection. ``(E) A detailed description of any changes made to the memorandum of understanding under paragraph (2). ``(F) A comparison of the performance data with the performance targets under paragraph (2)(B)(v). ``(G) Any other data on the Medicare VA reimbursement program that the administering Secretaries determine is appropriate. ``(8) Definitions.--For purposes of this subsection: ``(A) Administering secretaries.--The term `administering Secretaries' means the Secretary of Health and Human Services and the Secretary of Veterans Affairs acting jointly. ``(B) Medicare-eligible veteran.--The term `Medicare-eligible veteran' means an individual who is a veteran (as defined in section 101(2) of title 38, United States Code) who is eligible for care and services under section 1705(a) of title 38, United States Code and who-- ``(i) is entitled to, or enrolled for, benefits under part A of this title; or ``(ii) is enrolled for benefits under part B of this title. ``(C) Non-service connected condition.--The term `non-service-connected condition' means a disease or condition that is `non-service-connected' as such term is defined in section 101(17) of title 38, United States Code. ``(D) Department of veterans affairs medical facility.--The term `Department of Veterans Affairs medical facility' means a `medical facility' as such term is defined in section 8101(3) of title 38, United States Code, alone or in conjunction with other facilities under the jurisdiction of the Secretary of Veterans Affairs.''. (b) Conforming Amendment.--Section 1729 of title 38, United States Code is amended by adding at the end the following new subsection: ``(j) In any case in which a Medicare-eligible veteran (as defined in section 1862(n)(8)(B) of the Social Security Act (42 U.S.C. 1395y(n)(8)(B))) is furnished care or services under this chapter for a non-service-connected condition (as defined in section 1862(n)(8)(C) of such Act) the Secretary shall-- ``(1) seek reimbursement from the Secretary of Health and Human Services for such care and services under section 1862(n) of such Act; and ``(2) collect any applicable deductible, coinsurance, or other cost-sharing amount required under title XVIII of the Social Security Act from the veteran or from a third party to the extent that the veteran (or the provider of the care or services) would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished by a department or agency of the United States.''. SEC. 3. GAO REPORT. (a) In General.--Not later than the last day of the three-year period beginning on the date of the enactment of this Act and the last date of each subsequent three-year period, the Comptroller General of the United States shall submit to the Congress a report on the Medicare VA reimbursement program established under section 1862(n) of the Social Security Act, as added by section 2 of this Act. (b) Contents.--The report under subsection (a) shall contain an analysis of-- (1) the impact of the Medicare VA reimbursement program on the Federal Hospital Insurance Trust Fund established in section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established in section 1841 of such Act (42 U.S.C. 1395t); (2) whether Medicare-eligible veterans (as defined in section 1862(n)(8)(B)) experience improved access to health care as a result of the program; (3) whether Medicare-eligible veterans experience a change in the quality of care that they receive as a result of this program; (4) the impact of the program on local health care providers and Medicare beneficiaries in the communities surrounding Department of Veterans Affairs medical facilities; and (5) any additional issues deemed appropriate by the Comptroller General of the United States. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that the amount of funds appropriated to the Department of Veterans Affairs for medical care in any fiscal year beginning on or after the date of the enactment of this Act should not be reduced as a result of the implementation of the Medicare VA reimbursement program under section 1862(n) of the Social Security Act, as added by section 2(a).
Medicare VA Reimbursement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS), in cooperation with the Secretary of Veterans Affairs (VA), to establish a Medicare VA reimbursement program under which the HHS Secretary shall reimburse the VA Secretary, from the Medicare trust funds, for any item or service: (1) furnished to a Medicare-eligible veteran by a VA medical facility for the treatment of a non-service-connected condition; and (2) covered by Medicare or determined to be medically necessary by the VA Secretary. Requires the HHS Secretary to enter a memorandum of understanding with the VA Secretary concerning administration of the program. Specifies required conditions in the memorandum. Directs the Comptroller General to report to Congress on the program every three years. Declares the sense of Congress that the amount of funds appropriated to the VA for medical care in any fiscal year should not be reduced as a result of the implementation of the Medicare VA reimbursement program.
To provide Medicare payments to Department of Veterans Affairs medical facilities for items and services provided to Medicare-eligible veterans for non-service-connected conditions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``State Infrastructure Banks for Schools Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to a 1996 study conducted by the American School & University, $10.42 billion was spent to address the Nation's education infrastructure needs in 1995, with the average total cost of a new high school at $15.4 million. (2) According to a 1995 report to Congress by the General Accounting Office, an estimated $112 billion in school repair, modernization, expansion, and construction is needed. (3) Approximately 14 million American students attend schools which report the need for extensive repair or replacement of one or more buildings. (4) Academic research has proven a direct correlation between the condition of school facilities and student achievement. At Georgetown University, researchers found that students assigned to schools in poor conditions can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a poor facility to a new facility. (5) The Director of Education and Employment Issues at the Government Accounting Office testified that nearly 52 percent of schools, affecting 21.3 million students, reported insufficient technology elements for 6 or more areas. (6) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. (7) The challenges facing our Nation's public elementary and secondary schools require the concerted efforts of all levels of government and all sectors of the community. (8) The United States's competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools not equipped for the 21st century. SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of the Treasury, in consultation with the Secretary of Education, may enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans to local educational agencies for building or repairing elementary or secondary schools which provide free public education (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)). (2) Interstate compacts.--Congress grants consent to 2 or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary of the Treasury for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. (b) Funding.--The Secretary of the Treasury, in consultation with the Secretary of Education, shall make grants to State infrastructure banks and multistate infrastructure banks in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section to local educational agencies. Each bank shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submittal of such application. (c) Infrastructure Bank Requirements.--In order to establish an infrastructure bank under this section, each State establishing the bank shall-- (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (b); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank will commence not later than 1 year after the project has been completed. (7) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan under paragraph (5); and (8) require the bank to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make loans to a local educational agency in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to an infrastructure bank by a local educational agency for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; (D) a description of how work undertaken with the loan will promote energy conservation; and (E) such other information as the infrastructure bank may require. An infrastructure bank shall take final action on a completed application submitted to it within 90 days after the date of its submittal. (3) Criteria for loans.--In considering applications for a loan an infrastructure bank shall consider-- (A) the extent to which the local educational agency involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; and (D) the age of such facility. (e) Qualifying Projects.--A project is eligible for a loan from an infrastructure bank if it is a project that consists of-- (1) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (2) the repair or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (3) an activity to increase physical safety at the educational facility involved; (4) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (5) an activity to address environmental hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (6) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (7) work that will bring an educational facility into conformity with the requirements of-- (A) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (B) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; (8) work that will enable efficient use of available energy resources, especially coal, solar power, and other renewable energy resources; or (9) work to detect, remove, or otherwise contain asbestos hazards in educational facilities. (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available. (g) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project. (h) Secretarial Requirements.--In administering this section, the Secretary of the Treasury shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program Administration.--For each of fiscal years 1998 through 2002, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (l) Secretarial Review.--The Secretary of the Treasury shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (m) Authorization of Appropriations.--For grants to States for the initial capitalization of infrastructure banks there are authorized to be appropriated $250,000,000 for fiscal year 1998 and for each of the next 4 fiscal years.
State Infrastructure Banks for Schools Act of 1997 - Authorizes the Secretary of the Treasury to: (1) enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans to local educational agencies (LEAs) for building or repairing elementary or secondary public schools; and (2) make initial capitalization grants to State and multistate infrastructure banks. Sets forth: (1) conditions, including State contribution requirements, for States to meet in order to establish such infrastructure banks; (2) authorized forms of assistance to LEAs from such banks; (3) criteria for loans; and (4) qualifying projects. Declares that the contribution of Federal funds to an infrastructure bank shall not be construed as an obligation of the United States to any third party. Directs the Secretary of the Treasury to review the financial condition of each infrastructure bank and report to the Congress. Authorizes appropriations.
State Infrastructure Banks for Schools Act of 1997
SECTION 1. SHORT TITLE. This Act may be cited as the ``Postreproductive Health Care Act''. SEC. 2. ESTABLISHMENT OF PROGRAM FOR POSTREPRODUCTIVE HEALTH CARE. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following new subpart: ``Subpart IX--Postreproductive Health Care ``postreproductive health care ``Sec. 340E. (a) In General.--The Secretary shall make grants for the purpose of providing the services described in subsection (b) to women who are of menopausal age or older. Such grants may be made only to public or nonprofit private entities that provide health services to a significant number of low-income women. ``(b) Authorized Services.--The services referred to in subsection (a) are as follows: ``(1) The prevention and outpatient treatment of health conditions-- ``(A) unique to, more serious, or more prevalent for eligible women; or ``(B) for which, in the case of such women, the factors of medical risk or types of medical intervention are different. ``(2) Counseling on the conditions described in paragraph (1). ``(3) The education and training of health professionals (including allied health professionals) on the prevention and treatment of such conditions and on the provision of such counseling. ``(c) Priority in Provision of Services.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees that, in expending the grant to provide authorized services to eligible women, the applicant will give priority to providing the services for menopausal health conditions. ``(d) Outreach.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees-- ``(1) to conduct outreach services to inform women in the community involved of the fact that authorized services are available from the applicant; and ``(2) to give priority to providing the outreach services to low-income women. ``(e) Limitation on Imposition of Fees for Services.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge-- ``(1) will be made according to a schedule of charges that is made available to the public; ``(2) will be adjusted to reflect the income of the woman involved; and ``(3) will not be imposed on any woman with an income equal to or less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. ``(f) Reports to Secretary.--The Secretary may make a grant under subsection (a) only if the applicant involved agrees to submit to the Secretary, for each fiscal year for which such a grant is made to the applicant, a report describing the purposes for which the grant has been expended. ``(g) Requirement of Application.--The Secretary may make a grant under subsection (a) only if the applicant involved makes an agreement that the grant will not be expended for any purpose other than the purpose described in such subsection and for compliance with any other agreements required in this section. Such a grant may be made only if an application for the grant is submitted to the Secretary containing such agreements, and the application is in such form, is made in such manner, and contains such other agreements, and such assurances and information, as the Secretary determines to be necessary to carry out this section. ``(h) Definitions.--For purposes of this section: ``(1) The term `authorized services' means the services described in subsection (b). ``(2) The term `eligible women' means women described in subsection (a). ``(3) The term `health conditions' includes diseases and disorders. ``(4) The term `health' includes mental health. ``(5) The term `menopausal age', with respect to a woman, includes the age at which the woman is nearing menopause and includes any age at which the woman experiences menopausal health conditions. ``(6) The term `menopausal health conditions' means conditions arising from the diminished or complete cessation of the functioning of the ovaries, whether occurring naturally or otherwise. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999.''.
Postreproductive Health Care Act - Amends the Public Health Service Act to mandate grants for: (1) prevention and outpatient treatment of, and counseling for, health conditions unique to, more serious, or more prevalent for women of menopausal age or older, or for which the medical risk or types of medical intervention are different; and (2) related education and training of health professionals. Authorizes appropriations.
Postreproductive Health Care Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Violent Crime Community Policing Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the U.S. Department of Justice, from Fiscal Year 1995 to Fiscal Year 2000, the COPS program funded 105,000 police officers. (2) According to the Government Accountability Office, the COPS program has contributed to a 2.5 percent decline in the violent crime rate between 1999 and 2000. (3) According to University of Chicago economist Steven Levitt, each 10 percent increase in the size of a police force reduces violent crime by 4 percent and property crime by 5 percent. (4) A study by University of Maryland economists William Evans and Emily Owens suggests that a 2 percent increase in police officers put on the streets through the COPS program led to a 2 percent decline in violent crime. (5) Economists David Anderson of Centre College and Mark Cohen of Vanderbilt University suggest that the total cost of crime in the United States is approximately $2,000,000,000, annually, and that each additional dollar provided to the COPS program may generate $4.00 to $8.50 in savings to the Nation by reducing crimes committed and the overall cost of crime. (6) According to the U.S. Department of Justice Census of State and Local Law Enforcement Agencies, 20 of the Nation's 50 largest local police departments saw a decline in sworn law enforcement personnel from 2000 to 2004. (7) Following a 10-year decline in the violent crime rate, Federal Bureau of Investigation's statistics indicate that violent crime increased in 2004, 2005, and 2006. (8) In recent months, incidences of violent crime, gang violence, violence against police officers, and homicides have risen in many of the metropolitan areas in the United States, including the following: (A) On March 21, 2009, four Oakland, California, police officers were shot and killed during a traffic stop and the subsequent pursuit of the suspect. (B) On April 4, 2009, three Pittsburgh, Pennsylvania, police officers were killed responding to a domestic dispute. (C) On April 3, 2009, a Binghamton, New York, man killed himself and 13 others at a local civic association building. SEC. 3. ENHANCED VIOLENT CRIME COMMUNITY POLICY. Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) in subsection (b), by inserting after paragraph (4) the following new paragraph: ``(5) hire and train new career law enforcement officers for deployment in areas and communities with high incidences of violent crime, in accordance with subsection (j).''; and (2) by amending subsection (c) to read as follows: ``(c) Priority and Preferential Consideration.--In awarding grants under this part, the Attorney General-- ``(1) may give preferential consideration to applications for hiring and training new career law enforcement officers for deployment in areas and communities with high incidences of violent crime, as authorized by paragraph (5) of subsection (b) and in accordance with subsection (j); and ``(2) may give preferential consideration, where feasible, to applications for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding the 25 percent minimum under subsection (g).''; and (3) by adding at the end the following new subsection: ``(j) Enhanced Violent Crime Community Policing Grants.-- ``(1) In general.--The Attorney General shall, subject to the availability of appropriations to carry out this subsection, make grants, as authorized under subsection (b)(5) and in accordance with this subsection, to hire and train new career law enforcement officers for deployment in areas and communities with high incidences of violent crime to enhance community policing in such areas. ``(2) Eligible entities.--Notwithstanding subsection (a), grants awarded under this subsection shall be awarded only to units of local government. ``(3) Grant designations.--The Attorney General shall award grants under this subsection to-- ``(A) the 5 units of local government with a population over 350,000 residents with the highest violent crime rate per capita as listed by the 2007 Federal Bureau of Investigation `Crime in the United States' report; and ``(B) 15 additional units of local government determined by the Attorney General to have the greatest need for such a grant, based on-- ``(i) per capita violent crime rate; ``(ii) gang population; ``(iii) drug trafficking rate; ``(iv) high school drop-out rate; ``(v) unemployment rate; ``(vi) poverty rate; ``(vii) population; and ``(viii) any other criteria determined by the Attorney General. ``(4) Grant amount.-- ``(A) Maximum and minimum amount.--The grant amount awarded to an grantee under this subsection for the grant period shall be-- ``(i) not more than is necessary to increase the size of the grantee's sworn police force, as of the date the grantee submitted the application for a grant under this subsection, by 10 percent; and ``(ii) not less than is necessary to increase the size of the grantee's sworn police force, as of the date the grantee submitted the application for a grant under this subsection, by 5 percent. ``(B) Ratable reduction.--If funds appropriated in a fiscal year to carry out this subsection are not sufficient to fully fund the minimum grant amount determined under subparagraph (A) for each grantee, the Attorney General shall reduce the amount of the grant to each grantee by a proportionate share. ``(5) Inapplicable provisions.--The following provisions of this part shall not apply to grants awarded under this subsection: ``(A) Subsection (g) of this section (relating to matching funds). ``(B) Subsection (i) of this section (relating to termination of grants for hiring officers). ``(C) Subsection (c) of section 1704 (relating to hiring costs).''.
Enhanced Violent Crime Community Policing Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) allow the use of public safety and community policing grants to hire and train new career law enforcement officers for deployment in communities with high incidences of violent crime; (2) direct the Attorney General to make grants to local governments to hire and train new career law enforcement officers for deployment in high crime areas to enhance community policing in such areas; and (3) authorize the Attorney General to give preference to grant applications for the hiring and training of new career law enforcement officers for deployment in high crime areas. Specifies that grant amounts shall provide for a 5 to 10% increase in the size of a grantee's sworn police force.
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for grants to increase the number of law enforcement officers on the streets by 5 to 10 percent in areas with high incidences of violent crime.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teenage Pregnancy Reduction Act of 1999''. SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF ADOLESCENT PREGNANCY. (a) In General.--The Secretary of Health and Human Services shall (directly or through grants or contracts awarded to public or nonprofit private entities) arrange for the evaluation of a wide variety of existing programs designed in whole or part to prevent pregnancy in adolescents, including programs that do not receive grants from the Federal Government for the operation of the programs. The purpose of the evaluation shall be the determination of-- (1) the effectiveness of such programs in reducing adolescent pregnancy; (2) the factors contributing to the effectiveness of the programs; and (3) the feasibility of replicating the programs in other locations. (b) Participation of Federal Agencies and Private Organizations.-- In carrying out the evaluation under subsection (a), the Secretary shall as appropriate-- (1) provide for the participation of the Director of the Centers for Disease Control and Prevention, the Director of the Office of Population Affairs, the Assistant Secretary for Children and Families, and the Director of the National Institute of Child Health and Human Development; and (2) provide for the participation of organizations with demonstrated expertise in conducting evaluations of adolescent pregnancy prevention programs, including the National Campaign to Prevent Teen Pregnancy, a nonpartisan organization. (c) Design of Evaluation.--Subject to subsection (d), the Secretary shall select a design for the evaluation under subsection (a) from among proposals that-- (1) provide for the evaluation of programs in various geographic regions; (2) with respect to the populations served by the programs, provide for determining factors that are specific to various socioeconomic, racial, ethnic, and age groups, and factors that are specific to gender; and (3) meet such other criteria as the Secretary may establish. (d) Measures of Effectiveness.--The Secretary shall define the measures of effectiveness used in evaluating the programs designed to reduce the rate of adolescent pregnancy, and shall include a variety of measures of effectiveness in the definition. (e) Scientific Peer Review.--The Secretary may provide funds for an evaluation pursuant to subsection (a) only if the evaluation has been recommended for approval pursuant to a process of scientific peer review utilizing one or more panels of experts. Such panels shall include experts from public entities and from private entities. (f) Submission of Report to Congress and Secretary.--Not later than December 1, 2004, the evaluation under subsection (a) shall be completed and a report shall be submitted to the Congress that describes the findings made in the evaluation and provides recommendations for future programs designed to reduce the rate of adolescent pregnancy. (g) Dissemination of Information.--After the submission of the report under subsection (f), the Secretary shall disseminate the findings and recommendations presented in the report. The categories of individuals to whom the information is disseminated shall include administrators of prevention programs, public and private entities providing financial support to such programs, organizations working on such programs, professional medical associations, entities providing public health services, entities providing social work services, and school administrators. (h) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $3,500,000 for each of the fiscal years 2000 through 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2005. SEC. 3. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS. (a) In General.--In the case of a prevention program that pursuant to the evaluation under section 2 has been found to be effective, the Secretary may under this section make not more than one grant to the entity that operates the program. The purpose of the grant shall be to assist the entity with the expenses of operating the program. (b) Authorization of Appropriations.--For purposes of carrying out subsection (a), there is authorized to be appropriated $10,000,000, in the aggregate, for the fiscal years 2004 through 2006. Such authorization is in addition to any other authorization of appropriations that is available for making grants for the operational expenses of prevention programs. SEC. 4. DEFINITIONS. (a) Prevention Programs.-- (1) Rule of construction.--The provisions of this Act apply with respect to a prevention program without regard to which of the various programmatic approaches for the prevention of pregnancy in adolescents (as defined in paragraph (2)) is the focus of the program. (2) Programmatic approaches.--In this Act, the term ``programmatic approaches'', with respect to prevention programs, includes advocating abstinence from sexual activity; providing family planning services (including contraception); fostering academic achievement; mentoring by adults; providing employment assistance or job training; providing professional counseling or peer counseling; providing for recreational or social events; and any combination thereof. (b) Other Definitions.--In this Act: (1) Prevention program.--The term ``prevention program'' means a program for the prevention of pregnancy in adolescents. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.
Teenage Pregnancy Reduction Act of 1999 - Instructs the Secretary of Health and Human Services to arrange for the evaluation of a wide variety of existing adolescent pregnancy prevention programs, including those that are not Federal grant recipients, in order to determine: (1) program efficacy and contributory factors; and (2) replication feasibility. Sets forth participation guidelines for Federal and private sector implementation. Provides one-time incentive grants for effective prevention programs. Authorizes appropriations for both program evaluation operations and for the incentive grants.
Teenage Pregnancy Reduction Act of 1999
SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Prekindergarten Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) High-quality prekindergarten programs help children to succeed academically. Children who attended a high-quality prekindergarten program have higher academic achievement, lower rates of grade retention, are less likely to be placed in special education, and graduate from high school at higher rates than those who did not. (2) Early childhood education can reduce juvenile delinquency rates. A 15-year study following 989 low-income children who attended high-quality, comprehensive prekindergarten found that they were 33 percent less likely to be arrested, and 42 percent less likely to be arrested for a violent crime, than children in the control group. (3) There is currently a drastic shortage of affordable, quality early education programs that are accessible for working families. (4) Full-day, full-calendar-year universal prekindergarten programs would ensure all children 3, 4, and 5 years old have access to school readiness programs and quality child care. (5) Research shows that investing in quality prekindergarten programs will provide savings in the form of reduced need for remedial education, decreased crime rates, lower school dropout rates, and decreased welfare dependence. (b) Purpose.--The purpose of this Act is to ensure that all children 3, 4, and 5 years old have access to a high-quality full-day, full-calendar-year prekindergarten program by providing grants to States to assist in developing a universal prekindergarten program that is voluntary and free-of-charge. SEC. 3. PREKINDERGARTEN GRANT PROGRAM AUTHORIZATION. The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall provide grants to an agency designated by each State (hereafter in this Act referred to as the ``designated State agency'') for the development of high-quality full- day, full-calendar-year universal prekindergarten programs for all children 3, 4, and 5 years old in the State. SEC. 4. STATE REQUIREMENTS. (a) State Matching Funds.--Federal funds made available to a designated State agency under this Act shall be matched at least 20 percent by State funds. (b) State Application.--To be eligible to receive funds under this Act, a designated State agency shall submit an application at such time, in such manner, and containing such information as the Secretary of Health and Human Services may require. The application shall include the following: (1) How the designated State agency, in overseeing the State's universal prekindergarten program, will coordinate with other State agencies responsible for early childhood education and health programs. (2) A State plan to establish and implement a statewide universal prekindergarten program, in accordance with subsection (c). (c) State Plan.--The State plan required under subsection (b)(2) shall include each of the following: (1) A description of the universal prekindergarten program that will be established and how it will support children's cognitive, social, emotional, and physical development. (2) A statement of the goals for universal prekindergarten programs and how program outcomes will be measured. (3) A description of-- (A) how funding will be distributed to eligible prekindergarten program providers based on the need for early childhood education in each geographical area served by such providers; and (B) how the designated State agency will involve representatives of early childhood program providers (including child care providers, Head Start programs, and State and local agencies) that sponsor programs addressing children 3, 4, and 5 years old. (4) A description of how the designated State agency will coordinate with existing State-funded prekindergarten programs, federally funded programs (such as Head Start programs), public school programs, and child care providers. (5) A description of how an eligible prekindergarten program provider may apply to the designated State agency for funding under this Act. (6) A plan to address the shortages of qualified early childhood education teachers, including how to increase such teachers' compensation to be comparable to that of public school teachers. (7) How the designated State agency will provide ongoing professional development opportunities to help increase the number of teachers in early childhood programs who meet the State's education or credential requirements for prekindergarten teachers. (8) A plan to address how the universal prekindergarten program will meet the needs of children with disabilities, limited English proficiency, and other special needs. (9) A plan to provide transportation to children to and from the universal prekindergarten program. (10) A description of how the State will provide the 20 percent match of Federal funds. (d) Administration.--A designated State agency may not use more than 5 percent of a grant under this Act for costs associated with State administration of the program under this Act. SEC. 5. LOCAL REQUIREMENTS. (a) In General.--An eligible prekindergarten program provider receiving funding under this Act shall-- (1) maintain a maximum class size of 20 children; (2) maintain a ratio of not more than 10 children for each member of the teaching staff; (3)(A) ensure that all prekindergarten teachers meet the requirements for teachers at a State-funded prekindergarten program under an applicable State law; and (B) document that the State is demonstrating significant progress in assisting prekindergarten teachers on working toward a bachelor of arts degree with training in early childhood development or early childhood education; (4)(A) be accredited by a national organization with demonstrated experience in accrediting prekindergarten programs; or (B) provide assurances that it shall obtain such accreditation not later than 3 years after first receiving funding under this Act; and (5) meet applicable State and local child care licensing health and safety standards. (b) Local Application.--Eligible prekindergarten program providers desiring to receive funding under this Act shall submit an application to the designated State agency overseeing funds under this Act containing the following: (1) A description of the prekindergarten program. (2) A statement of the demonstrated need for a program, or an enhanced or expanded program, in the area served by the eligible prekindergarten program provider. (3) A description of the age-appropriate and developmentally appropriate educational curriculum to be provided that will help children be ready for school and assist them in the transition to kindergarten. (4) A description of how the eligible prekindergarten program provider will collaborate with existing community-based child care providers and Head Start programs. (5) A description of how students and families will be assisted in obtaining supportive services available in their communities. (6) A plan to promote parental involvement in the prekindergarten program. (7) A description of how teachers will receive ongoing professional development in early childhood development and education. (8) An assurance that prekindergarten programs receiving funds under this Act provide the data required in section 7(c). SEC. 6. PROFESSIONAL DEVELOPMENT SET-ASIDE. (a) In General.--A designated State agency may set aside up to 5 percent of a grant under this Act for ongoing professional development activities for teachers and staff at prekindergarten programs that wish to participate in the universal prekindergarten grant program under this Act. A designated State agency using the set-aside for professional development must include in its application the following: (1) A description of how the designated State agency will ensure that eligible prekindergarten program providers in a range of settings (including child care providers, Head Start programs, and schools) will participate in the professional development programs. (2) An assurance that, in developing its application and in carrying out its program, the professional development provider has consulted, and will consult, with relevant agencies, early childhood organizations, early childhood education experts, and early childhood program providers. (3) A description of how the designated State agency will ensure that the professional development is ongoing and accessible to educators in all geographic areas of the State, including by the use of advanced educational technologies. (4) A description of how the designated State agency will ensure that such set-aside funds will be used to pay the cost of additional education and training. (5) A description of how the designated State agency will work with other agencies and institutions of higher education to provide scholarships and other financial assistance to prekindergarten staff. (6) A description of how the State educational agency will provide a financial incentive, such as a financial stipend or a bonus, to educators who participate in and complete such professional development. (7) A description of how the professional development activities will be carried out, including the following: (A) How programs and educators will be selected to participate. (B) How professional development providers will be selected, based on demonstrated experience in providing research-based professional development to early childhood educators. (C) The types of research-based professional development activities that will be carried out in all domains of children's physical, cognitive, social, and emotional development and on early childhood pedagogy. (D) How the program will train early childhood educators to meet the diverse educational needs of children in the community, especially children who have limited English proficiency, disabilities, and other special needs. (E) How the program will coordinate with and build upon, but not supplant or duplicate, early childhood education professional development activities that exist in the community. (b) Uses of Funds.--Funds set aside under this section may be used for ongoing professional development-- (1) to provide prekindergarten teachers and staff with the knowledge and skills for the application of recent research on child cognitive, social, emotional, and physical development, including language and literacy development, and on early childhood pedagogy; (2) to provide the cost of education needed to obtain a credential or degree with specific training in early childhood development or education; (3) to work with children who have limited English proficiency, disabilities, and other special needs; and (4) to select and use developmentally appropriate screening and diagnostic assessments to improve teaching and learning and make appropriate referrals for services to support prekindergarten children's development and learning. SEC. 7. REPORTING. (a) Report by Secretary.--For each year in which funding is provided under this Act, the Secretary of Health and Human Services shall submit an annual report to the Congress on the implementation and effectiveness of the universal prekindergarten program under this Act. (b) Report by Designated State Agency.--Each designated State agency that provides grants to eligible prekindergarten program providers under this Act shall submit to the Secretary an annual report on the implementation and effectiveness of the programs in the State supported under this Act. Such report shall contain such additional information as the Secretary may reasonably require. (c) Report by Grant Recipient.--Each eligible prekindergarten program provider that receives a grant under this Act shall submit to the designated State agency an annual report that includes, with respect to the program supported by such grant, the following: (1) A description of the type of program and a statement of the number and ages of children served by the program, as well as the number and ages of children with a disability or a native language other than English. (2) A description of the qualifications of the program staff and the type of ongoing professional development provided to such staff. (3) A statement of all sources of Federal, State, local, and private funds received by the program. (4) A description of the curricula, materials, and activities used by the program to support early childhood development and learning. (5) Such other information as the designated State agency may reasonably require. SEC. 8. FEDERAL FUNDS SUPPLEMENTARY. Funds made available under this Act may not be used to supplant other Federal, State, local, or private funds that would, in the absence of such Federal funds, be made available for the program assisted under this Act. SEC. 9. DEFINITIONS. In this Act: (1) The term ``eligible prekindergarten program provider'' means a prekindergarten program provider that is-- (A) a school; (B) supported, sponsored, supervised, or carried out by a local educational agency; (C) a Head Start program; or (D) a child care provider. (2) The term ``prekindergarten program'' means a program serving children 3, 4, and 5 years old that supports children's cognitive, social, emotional, and physical development and helps prepare those children for the transition to kindergarten. (3) The term ``local educational agency'' has the meaning given that term in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (4) The term ``prekindergarten teacher'' means an individual who has received, or is working toward, a bachelor of arts degree in early childhood education. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $10,000,000,000 for fiscal year 2003; (2) $20,000,000,000 for fiscal year 2004; (3) $30,000,000,000 for fiscal year 2005; (4) $40,000,000,000 for fiscal year 2006; and (5) $50,000,000,000 for fiscal year 2007.
Universal Prekindergarten Act - Directs the Secretary of Health and Human Services to provide grants to a designated State agency for development of universal prekindergaten programs for all children three, four, and five years old in the State. Requires the State to: (1) match Federal funds by at least 20 percent; and (2) submit a State plan to establish, coordinate, and implement a statewide universal prekindergarten program. Authorizes State agencies to set aside up to five percent of a grant for ongoing professional development activities for teachers and staff of prekindergarten programs that wish to participate.
To assist States in establishing a universal prekindergarten program to ensure that all children 3, 4, and 5 years old have access to a high-quality full-day, full-calendar-year prekindergarten education.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners Access to Visitability Enhancements (HAVE) Act of 2016''. SEC. 2. VISITABLE HOMES GRANTS. (a) Authority.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development may make grants to low-income families to provide assistance with obtaining residences that are visitable for individuals. (b) Eligible Activities.--Amounts from a grant made under this section may be used only for the following activities: (1) Acquiring a visitable residence that has never previously been occupied. (2) Constructing a visitable residence. (3) Retrofitting an existing residence to make such residence visitable. (4) Renovating an existing residence to make such residence visitable. (c) Limitations.-- (1) Amount.--A grant under this section may not exceed $5,000. (2) Renewal.--Not more than one grant may be made under this section with respect to any single residence. (3) Primary residence.--A grant under this section may be used only for a residence that serves as the primary residence of the grantee, and the Secretary shall require a grantee to provide such assurances as may be necessary to ensure compliance with this paragraph. (4) Recapture of unused amounts.--If a grantee fails to use any amount of the grant awarded under this section before the expiration of the 1-year period beginning on the first disbursement of any such amounts to the grantee, the Secretary shall-- (A) recapture the unused amounts; and (B) make such amounts available for grants under this section. (d) Applications.--To be eligible for a grant under this section, a low-income family shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a description of the manner in which grant funds will be used to accomplish an eligible activity under subsection (b); and (2) an explanation of how such use will cause the residence of such family to meet the visitability standards identified in subsection (f)(4). (e) Reporting.-- (1) Secretary.--The Secretary shall submit to Congress a biennial report regarding the progress and effectiveness of the grant program. (2) Grantees.--The Secretary shall require each grantee to submit such information as the Secretary considers necessary to ensure compliance with this Act and to enable the Secretary to comply with the requirement under paragraph (1). (f) Definitions.--For purposes of this section: (1) Low-income family.--The term ``low income family'' has the meaning given such term in section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)). (2) Residence.--The term ``residence'' means any dwelling unit, including a dwelling unit that is a single-family residence or a dwelling unit in a multiple-family residence, that-- (A) is owned by the grantee or a member of the grantee's household; or (B) will be owned by the grantee, or a member of the grantee's household, during the residency of the grantee in accordance with subsection (c)(3). Such term includes a dwelling unit in a condominium or cooperative development owned by the grantee or a member of the grantee's household. Such term does not include any dwelling unit that is subject to a lease. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (4) Visitable.--The term ``visitable'' means, with respect to a residence, that the residence complies with the most current version of the visitability standards set forth in Standard A117.1-2009 of the International Code Council/American National Standards Institute, entitled ``Accessible and Usable Buildings and Facilities'' (or any successor standard). (g) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue any regulations necessary to carry out this section. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2017 to 2022. (2) Allocation.--Of the amounts appropriated pursuant to paragraph (1) for each fiscal year-- (A) 50 percent shall be used for grants for the eligible activities under paragraphs (1) and (2) of subsection (b); and (B) 50 percent shall be used for grants for the eligible activities under paragraphs (3) and (4) of subsection (b).
Homeowners Access to Visitability Enhancements (HAVE) Act of 2016 This bill authorizes the Department of Housing and Urban Development to make grants to low-income families to assist them in obtaining residences that are visitable for individuals. A residence shall be "visitable" if it complies with the most current version of the visitability standards of the International Code Council/American National Standards Institute. Amounts from such grants may be used only for: acquiring a visitable residence that has never previously been occupied, constructing a visitable residence, and retrofitting or renovating an existing residence to make it visitable.
Homeowners Access to Visitability Enhancements (HAVE) Act of 2016
SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Conduct Reform Act of 1997''. SEC. 2. REFORM OF JUDICIAL DISCIPLINE SYSTEM. (a) Creation of Judicial Conduct Board and Court of Judicial Discipline.-- (1) In general.--Chapter 17 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 378. Judicial Conduct Board ``(a) Establishment and Composition.--There is established in the judicial branch a Judicial Conduct Board (hereafter in this section referred to as the `Board'). ``(b) Functions.--The Board shall perform the functions vested in it under section 372(c). ``(c) Composition and Terms.-- ``(1) Composition.--The Board shall be composed of 12 members as follows: ``(A) 3 judges, other than senior judges, as follows: ``(i) 1 circuit judge, and 1 bankruptcy judge or magistrate judge, each of whom shall be appointed by the Chief Justice. ``(ii) 1 district judge who shall be appointed by the President. ``(B) 3 members of the bar of the Supreme Court, other than justices or judges, 2 of whom shall be appointed by the Chief Justice, and 1 of whom shall be appointed by the President. ``(C) 6 persons, other than lawyers, 3 of whom shall be appointed by the Chief Justice, and 3 of whom shall be appointed by the President. ``(2) Terms.--The members of the Board shall serve for terms of 4 years, except that of the members first appointed-- ``(A) 1 member appointed by the Chief Justice and 2 members appointed by the President shall each be appointed for a term of 1 year, ``(B) 2 members appointed by the Chief Justice and 1 member appointed by the President shall each be appointed for a term of 2 years, and ``(C) 1 member appointed by the Chief Justice and 2 members appointed by the President shall each be appointed for a term of 3 years, as designated at the time of their appointment. ``(3) Conditions.--Membership of a judge on the Board shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership on the Board shall terminate if the member attains a position that would have rendered the member ineligible for appointment at the time of appointment. A vacancy on the Board shall be filled in the manner in which the original appointment was made. No member of the Board may serve for more than 4 consecutive years but may be reappointed after a lapse of 1 year. No member of the Board may serve on the Court of Judicial Discipline at the same time. ``(d) Meetings.--The President shall convene the first meeting of the Board. At that meeting and annually thereafter, the Board shall elect a chairperson. The Board shall act only with the concurrence of a majority of its members. ``(e) Compensation.-- ``(1) Basic pay.-- ``(A) Rates of pay.--Except as provided in subparagraph (B), members of the Board shall each be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Board. ``(B) Prohibition of compensation of federal employees.--Members of the Board who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. ``(2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5. ``(f) Personnel.--The Board may appoint such personnel as may be necessary to carry out its functions. ``(g) Administrative Services.--The Director of the Administrative Office of the United States Courts shall provide to the Board such administrative services as the Board requires to carry out its functions. ``Sec. 379. Court of Judicial Discipline ``(a) Establishment and Composition.--There is established a Court of Judicial Discipline (hereafter in this section referred to as the `Court'). ``(b) Functions.--The Court shall perform the functions vested in it under section 372(c). The Court shall prescribe rules for the conduct of its proceedings. ``(c) Composition and Terms.-- ``(1) Composition.--The Court shall be composed of 8 members as follows: ``(A) 4 judges, other than senior judges, as follows: ``(i) 1 circuit judge and 1 bankruptcy judge, each of whom shall be appointed by the Chief Justice. ``(ii) 1 district judge and 1 magistrate judge, each of whom shall be appointed by the President. ``(B) 2 members of the bar of the Supreme Court, other than justices or judges, 1 of whom shall be appointed by the Chief Justice, and 1 of whom shall be appointed by the President. ``(C) 2 persons, other than lawyers, 1 of whom shall be appointed by the Chief Justice, and 1 of whom shall be appointed by the President. ``(2) Terms.--The members of the Court shall serve for terms of 4 years, except that of the members first appointed-- ``(A) 1 member appointed by the Chief Justice and 1 member appointed by the President shall be appointed for a term of 1 year, ``(B) 1 member appointed by the Chief Justice and 1 member appointed by the President shall be appointed for a term of 2 years, and ``(C) 1 member appointed by the Chief Justice and 1 member appointed by the President shall be appointed for a term of 3 years, as designated at the time of their appointment. ``(3) Conditions.--Membership of a judge on the Court shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership on the Court shall terminate if the member attains a position that would have rendered the member ineligible for appointment at the time of appointment. A vacancy on the Court shall be filled in the manner in which the original appointment was made. No member of the Court may serve for more than 4 consecutive years but may be reappointed after a lapse of 1 year. No member of the Court may serve on the Judicial Conduct Board at the same time. ``(d) Compensation.-- ``(1) Basic pay.-- ``(A) Rates of pay.--Except as provided in subparagraph (B), members of the Court shall each be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Court. ``(B) Prohibition of compensation of federal employees.--Members of the Court who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Court. ``(2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5. ``(f) Personnel.--The Court may appoint such personnel as may be necessary to carry out its functions. ``(g) Administrative Services.--The Director of the Administrative Office of the United States Courts shall provide to the Court such administrative services as the Court requires to carry out its functions.''. (2) Conforming amendment.--The table of sections for chapter 17 of title 28, United States Code, is amended by adding at the end the following new items: ``378. Judicial Conduct Board. ``379. Court of Judicial Discipline.''. (b) Judicial Discipline Procedure.--(1) Subsection (c) of section 372 of title 28, United States Code, is amended to read as follows: ``(c)(1) Any person alleging that a circuit, district, bankruptcy, or magistrate judge, or a judge of the Court of Federal Claims or of the Court of International Trade has engaged in conduct prejudicial to the effective and efficient administration of the business of the courts, or alleging that such a judge is unable to discharge all the duties of the office by reason of mental or physical disability, may file with the Judicial Conduct Board established in section 378 (hereafter in this subsection referred to as the `Board') a written complaint containing a brief statement of the facts constituting such conduct. The Board may, on the basis of information available to the Board, initiate a complaint for purposes of this subsection. The Board shall promptly transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. ``(2) The Board shall conduct an investigation of the charges in each complaint and determine whether there is probable cause to file formal charges against the judge whose conduct is the subject of the complaint. If the Board finds probable cause, the Board shall present the case in support of the charges with the Court of Judicial Discipline established in section 379 (hereafter in this subsection referred to as the `Court'). If the Board does not find probable cause, the Board shall dismiss the complaint. The Board shall promptly notify the judge whose conduct is the subject of the complaint of the Board's action on the complaint. ``(3) In carrying out its functions, the Board may issue subpoenas to compel testimony under oath of witnesses, including the judge who is the subject of the investigation, and to compel the production of documents, books, accounts, and other records relevant to the investigation. ``(4) Complaints filed with the Board or initiated by the Board shall be confidential. Statements, testimony, documents, records, or other information or evidence acquired by the Board shall be confidential. The Board shall apprise the judge whose conduct is the subject of a complaint of the nature and content of the complaint. ``(5) The Board shall prescribe rules for the conduct of proceedings under this subsection as it considers appropriate, including the processing of petitions for review. Such rules shall contain provisions requiring that-- ``(A) the judge whose conduct is the subject of the complaint be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the Board, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing; and ``(B) the complainant be afforded an opportunity to appear at proceedings conducted by the Board, if the Board concludes that the complainant could offer substantial information. ``(6) The Board shall issue a report on its determination on each complaint under this subsection, together with a description of its investigation. ``(7) Upon the filing with the Court by the Board of formal charges against a judge, the Court shall promptly schedule a hearing or hearings to determine whether a sanction should be imposed on the judge under this subsection. Formal charges filed with the Court shall be available to the public. All hearings conducted by the Court shall be public proceedings conducted pursuant to the rules adopted by the Court and in accordance with the principles of due process and the rules of evidence. Parties appearing before the Court shall have a right to discovery pursuant to the rules adopted by the Court and shall have the right to subpoena witnesses and to compel the production of documents, accounts, records, and other records that are relevant to the proceedings. The Board shall have the burden of proving the charges by clear and convincing evidence. All decisions of the Court shall be in writing and shall contain findings of fact and conclusions of law. ``(8) A decision of the Court may order such action to be taken with respect to the judge whose conduct is the subject of the Court proceedings as is appropriate to assure the effective and expeditious administration of the business of the courts, including, but not limited to, the following: ``(A) In the case of a magistrate judge, directing the chief judge of the district of the magistrate judge to take such action as the Court considers appropriate. ``(B) In the case of a judge appointed to hold office during good behavior, certifying disability of the judge pursuant to the procedures and standards provided under subsection (b) of this section. ``(C) Requesting that any such judge appointed to hold office during good behavior voluntarily retire, with the provision that the length of service requirements under section 371 do not apply. ``(D) In the case of a judge other than a judge appointed to hold office during good behavior, ordering that, on a temporary basis for a time certain, no further cases be assigned to that judge. ``(E) Censuring or reprimanding the judge by means of private communication or public pronouncement. ``(F) Ordering such other action as the Court considers appropriate under the circumstances, except that under no circumstances may the Court order the removal of a judge appointed to hold office during good behavior. Each decision of the Court shall be made available to the public. ``(9) A judge who is the subject of proceedings under this subsection who is adversely affected by an order of the Court shall have the right to appeal that order to the Supreme Court of the United States. On appeal, the Supreme Court may set aside the order of the Court only if-- ``(A) the order is not in accordance with law; ``(B) the findings of fact are clearly erroneous; or ``(C) any sanction imposed by the order is unlawful. ``(10) An order of the Court that dismisses a complaint against a judge may be appealed by the Board to the Supreme Court, but the appeal shall be limited to questions of law. ``(11) In any case in which the Court determines, on the basis of a complaint and any investigation under this subsection, or on the basis of information otherwise available to the Court, that a judge appointed to hold office during good behavior may have engaged in conduct which might constitute 1 or more grounds for impeachment, the Court shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary. Upon receipt of the determination in the House of Representatives, the Clerk of the House of Representatives shall make the determination available to the public. ``(12) No judge whose conduct is the subject of an investigation or proceeding under this subsection shall serve on the Board, on the Court, on a judicial council, or on the Judicial Conference established under section 331 of this title, until all related proceedings under this subsection have been finally terminated. ``(13) No person shall be granted the right to intervene as amicus curiae in any proceeding before the Board or the Court under this subsection. ``(14) Upon the request of a judge whose conduct is the subject of a complaint under this subsection, the Board may, if it dismisses the complaint, recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from the funds appropriated to the Federal Judiciary, for those reasonable expenses, including attorneys' fees, incurred by that judge during the investigation which would not have been incurred but for the requirements of this subsection.''. SEC. 3. CONFORMING AMENDMENT. Section 331 of title 28, United States Code, is amended in the fourth paragraph by striking ``The Conference is authorized to exercise the authority provided in section 372(c)'' and all that follows through the end of the paragraph.
Judicial Conduct Reform Act of 1997 - Establishes in the judicial branch: (1) a Judicial Conduct Board; and (2) a Court of Judicial Discipline. Sets forth provisions regarding functions, composition and terms, termination, compensation, personnel, and administrative services. Revises Federal judicial code provisions regarding judicial discipline to authorize any person alleging that a circuit, district, bankruptcy, or magistrate judge or a judge of the Court of Federal Claims or of the Court of International Trade has engaged in conduct prejudicial to the effective and efficient administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability, to file with the Board a written complaint containing a brief statement of the facts constituting such conduct. Sets forth provisions regarding: (1) investigations, the conduct of proceedings (including confidentiality of information or evidence acquired), and the filing of formal charges against a judge by the Board; (2) Court hearings, decisions and sanctions, and certifications of grounds for impeachment; (3) appeals of Court decision; and (4) reimbursement for reasonable expenses, including attorney's fees, incurred by a judge following dismissal of a complaint.
Judicial Conduct Reform Act of 1997
SECTION 1. SHORT TITLE. This Act may be cited as the ``Families Learning and Understanding English Together Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Census Bureau reports that in 2011, 20.8 percent of United States households speak a language other than English at home. (2) Many parents in many recently immigrated families speak little to no English, possess low literacy skills in their native language due to limited education, and frequently struggle to assist their children's English language development. (3) The United States is a nation of immigrants, and even today, according to the 2010 update of the Census, nearly 40,000,000 individuals who live in the United States were born outside the country. SEC. 3. PURPOSE. The purpose of this Act is to improve the educational, social, and economic advancement of families with limited English proficient individuals in need of literacy skills by expanding and enhancing family literacy services for such families. SEC. 4. COMPETITIVE GRANT PROGRAM. (a) Program Authorized.--From funds made available pursuant to section 9, and after reserving funds under section 9(b), the Secretary may award grants to family literacy providers to provide, directly or through a contract with another provider, family literacy services designed for families with limited English proficient individuals. Each grant under this Act shall be for a period of 1 year and may be renewed for a total of 5 additional years. (b) Application.--Family literacy providers who desire to receive a grant under this Act shall submit an application at such time, containing such information, and in such manner as the Secretary may require. Such application shall include the following: (1) An assurance that services provided with funds under this Act shall be provided to the hardest-to-reach populations, including populations with the greatest economic and social need. (2) A description of the services that will be provided with funds under this Act, including how the services will be based on research-based reading instruction for children who are English learners and parents who are limited English proficient. (3) A description of the outcome measures, consistent with section 6, that are based on scientifically based research and will be employed by the family literacy provider to measure the effectiveness of services provided with funds under this Act. (4) An assurance that, in providing family literacy services through the grant, the family literacy provider will collaborate with one or more of the following: (A) A local educational agency. (B) An elementary school. (C) A secondary school. (D) A nonprofit entity. (c) Grant Amount.--The amount of a grant under this Act for a fiscal year shall not be less than $150,000 or more than $1,000,000. (d) Services Requirements.--Family literacy services under this Act shall be provided in sufficient intensity in terms of hours, and shall be of sufficient duration, to make sustainable changes in a family and shall integrate all of the following activities: (1) Interactive literacy activities between parents and their children. (2) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (3) Parent literacy training that leads to economic self- sufficiency. (4) An age-appropriate education to prepare children for success in school and life experiences. (e) Special Rule.--Family literacy services under this Act may be provided to a family only if-- (1) each parent in the family has attained 16 years of age; and (2) the family has at least one child from birth who has not yet attained 8 years of age. SEC. 5. TECHNICAL ASSISTANCE AND TRAINING. (a) Activities by Secretary.--The Secretary, acting through the Assistant Secretary for Elementary and Secondary Education, shall, through grants or contracts as described in subsection (b), provide technical assistance and training to grantees under this Act for the purposes described in subsection (c). (b) Activities by National Organizations.-- (1) In general.--The Secretary shall make grants to, or enter into contracts with, at least 2 eligible national organizations to provide technical assistance and training to grantees under this Act for the purposes described in subsection (c). (2) Definition.--In this section, the term ``eligible national organization'' means a national organization with expertise in providing family literacy services to limited English proficient populations. (c) Purposes.--The purposes of technical assistance and training provided under this section are the following: (1) Assisting grantees under this Act to improve the quality of their family literacy services. (2) Enabling such grantees that demonstrate the effective provision of family literacy services, based on improved outcomes for children and their parents, to provide technical assistance and training to government agencies and to family literacy providers that work in collaboration with such agencies to improve the quality of their family literacy services. (3) Assisting such grantees in the implementation of literacy curriculum and training activities, including curriculum and training activities that support building on a child's native language. (d) Reports to Congress.--Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the technical assistance and training provided pursuant to subsections (a) and (b). Each such report shall describe the actions taken by the Secretary to ensure that such technical assistance and training is of high-quality and is responsive to the needs of grantees under this Act. SEC. 6. OUTCOME MEASURES. The Secretary shall require each family literacy provider receiving a grant under this Act to meet culturally appropriate and competent outcome measures described in the provider's application under section 4, including outcome measures with respect to-- (1) acquisition of the English language, including improved educational levels; (2) literacy skills and building of a home language; (3) improved parenting and life skills; (4) the improved ability of parents with limited English proficiency to effectively interact with officials of the schools their children attend; (5) improved developmental skills and independent learning of the children; and (6) increased parental participation in their children's education and home environments that are supportive of educational endeavors. SEC. 7. EVALUATION. The Secretary shall conduct an annual evaluation of the grant program under this Act. Such evaluation shall be used by the Secretary-- (1) for program improvement; (2) to further define the program's goals and objectives; and (3) to determine program effectiveness. SEC. 8. DEFINITIONS. For purposes of this Act: (1) Application of esea terms.--The terms ``elementary school'', ``English learner'', ``local educational agency'', and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Family literacy provider.--The term ``family literacy provider'' means an entity that-- (A) is located in a geographic area containing at least one public elementary school or secondary school with a majority enrollment of children who are English learners; and (B) is one of the following: (i) A grantee under the Head Start Act (42 U.S.C. 9831 et seq.), or any other Federal or State early childhood program. (ii) An adult education provider. (iii) A local educational agency. (iv) A public or private nonprofit agency. (v) Another entity that has the demonstrated ability to provide family literacy services to limited English proficient adults and families. (3) Scientifically based reading research.--The term ``scientifically based reading research'' means research that-- (A) applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and (B) includes research that-- (i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and (iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2017 through 2021. (b) Reservations.--From funds made available pursuant to subsection (a) for a fiscal year, the Secretary shall reserve-- (1) not more than 2 percent of such funds for conducting the annual evaluation required by section 7; and (2) $5,000,000 for technical assistance and training under section 5.
Families Learning and Understanding English Together Act of 2016 This bill authorizes the Department of Education (ED) to make grants to providers of family literacy services in order to improve the literacy and English skills of limited English proficient individuals who are parents or children in families where each parent is at least age 16 and at least one child is under age 8. ED shall reserve certain funds to: (1) provide grantees with technical assistance and training, and (2) evaluate and improve the family literacy grant program. Grantees must meet specified outcome measures.
Families Learning and Understanding English Together Act of 2016
SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognizing Addiction as a Disease Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Addiction is a chronic, relapsing brain disease that is characterized by compulsive drug seeking and use, despite harmful consequences. It is considered a brain disease because drugs change the brain's structure and manner in which it functions. These brain changes can be long lasting, and can lead to the harmful behaviors seen in people who abuse drugs. The disease of addiction affects both brain and behavior, and scientists have identified many of the biological and environmental factors that contribute to the development and progression of the disease. (2) The pejorative term ``abuse'' used in connection with diseases of addiction has the adverse effect of increasing social stigma and personal shame, both of which are so often barriers to an individual's decision to seek treatment. SEC. 3. NAME CHANGE. (a) Public Health Service Act.--The Public Health Service Act is amended-- (1) in section 208(g) (42 U.S.C. 210(g)), by striking ``National Institute on Alcohol Abuse and Alcoholism'' and inserting ``National Institute on Alcohol Disorders and Health''; (2) in section 401(b) (42 U.S.C. 281(b))-- (A) in paragraph (12), by striking ``National Institute on Alcohol Abuse and Alcoholism'' and inserting ``National Institute on Alcohol Disorders and Health''; and (B) in paragraph (13), by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''; (3) in subpart 14 of part C of title IV (42 U.S.C. 285n et seq.)-- (A) in the subpart heading by striking ``Alcohol Abuse and Alcoholism'' and inserting ``Alcohol Disorders and Health''; (B) in section 464H (42 U.S.C. 285n)-- (i) in subsection (a), by striking ``National Institute on Alcohol Abuse and Alcoholism'' and inserting ``National Institute on Alcohol Disorders and Health''; and (ii) in subsection (b)-- (I) in paragraph (3), by striking ``Alcohol Abuse and Alcoholism'' and inserting ``Alcohol Disorders and Health''; (II) in paragraph (5), by striking ``National Institute of Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''; and (III) in paragraph (10), by striking ``Alcohol Abuse and Alcoholism'' and inserting ``Alcohol Disorders and Health''; and (C) in section 464P (42 U.S.C. 285o-4)-- (i) in subsection (a)(7), by striking ``National Institute on Alcohol Abuse and Alcoholism'' and inserting ``National Institute on Alcohol Disorders and Health''; and (ii) in subsection (b)(3), by striking ``Council on Drug Abuse'' and inserting ``Council on Diseases of Addiction''; and (4) in subpart 15 of part C of title IV (42 U.S.C. 285o et seq.)-- (A) in the subpart heading by striking ``Drug Abuse'' and inserting ``Diseases of Addiction''; and (B) in section 464L(a) (42 U.S.C. 285o(a)), by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''; (5) in section 501 (42 U.S.C. 290aa)-- (A) by striking ``National Institute on Alcohol Abuse and Alcoholism'' each place that such appears and inserting ``National Institute on Alcohol Disorders and Health''; and (B) by striking ``National Institute on Drug Abuse'' each place that such appears and inserting ``National Institute on Diseases of Addiction''; (6) in section 507 (42 U.S.C. 290bb)-- (A) by striking ``National Institute on Alcohol Abuse and Alcoholism'' each place that such appears and inserting ``National Institute on Alcohol Disorders and Health''; and (B) by striking ``National Institute on Drug Abuse'' each place that such appears and inserting ``National Institute on Diseases of Addiction''; (7) in section 513 (42 U.S.C. 290bb-6), by striking ``national institute on drug abuse'' in the section heading and inserting ``national institute on diseases of addiction''; (8) in section 530 (42 U.S.C. 290cc-30)-- (A) by striking ``National Institute of Alcohol Abuse and Alcoholism'' and inserting ``National Institute on Alcohol Disorders and Health''; and (B) by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''; and (9) in section 1918(a)(8)(B) (42 U.S.C. 300x-7(a)(8)(B)), by striking ``National Institute on Drug Abuse'' each place that such appears and inserting ``National Institute on Diseases of Addiction''. (b) Other Acts.-- (1) Title 5, united states code.--Section 7361(a) of title 5, United States Code, is amended by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''. (2) Comprehensive smoking education act.--Section 3(b)(1)(A) of the Comprehensive Smoking Education Act (15 U.S.C. 1341(b)(1)(A)) is amended by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''. (3) Elementary and secondary education act of 1965.-- Section 4124(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7134 (a)(2)) is amended-- (A) in subparagraph (C), by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''; and (B) in subparagraph (D), by striking ``National Institute on Alcoholism and Alcohol Abuse'' and inserting ``National Institute on Alcohol Disorders and Health''. (4) Controlled substances act.--Section 303(g)(2)(H) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(H)) is amended by striking ``National Institute on Drug Abuse'' each place that such appears and inserting ``National Institute on Diseases of Addiction''. (5) Drug abuse, prevention, treatment, and rehabilitation act.--The Drug Abuse, Prevention, Treatment, and Rehabilitation Act is amended-- (A) in section 410(1) (21 U.S.C. 1177(a)), by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''; and (B) in section 412(a) (21 U.S.C. 1179(A)), by striking ``National Institute on Drug Abuse'' and inserting ``National Institute on Diseases of Addiction''. (c) Reference.--Any reference in any law, regulation, order, document, paper, or other record of the United States to the ``National Institute on Drug Abuse'', the ``National Institute on Alcohol Abuse and Alcoholism'', the ``National Advisory Council on Alcohol Abuse and Alcoholism'', and the ``National Advisory Council on Drug Abuse'' shall be deemed to be a reference to the ``National Institute on Diseases of Addiction'', the ``National Institute on Alcohol Disorders and Health'', the ``National Advisory Council on Alcohol Disorders and Health'', and the ``National Advisory Council on Diseases of Addiction'', respectively. (d) Rule of Construction.--Nothing in this Act shall be construed to alter the mission of the National Institute on Alcohol Abuse and Alcoholism (renamed the National Institute on Alcohol Disorders and Health) or the National Institute on Drug Abuse (as renamed the National Institute on Diseases of Addiction) or have any substantive effect on the duties or responsibilities of such Institutes. SEC. 4. THE EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT. (a) Findings.--Congress makes the following findings: (1) Since it was established by Congress in 1962 at the request of President John F. Kennedy, the National Institute of Child Health and Human Development has achieved an outstanding record of achievement in catalyzing a concentrated attack on the unsolved health problems of children and of mother-infant relationships by fulfilling its mission to-- (A) ensure that every individual is born healthy and wanted, that women suffer no harmful effects from reproductive processes, and that all children have the chance to achieve their full potential for healthy and productive lives, free from disease or disability; and (B) ensure the health, productivity, independence, and well-being of all individuals through optimal rehabilitation. (2) The National Institute of Child Health and Human Development has made unparalleled contributions to the advancement of child health and human development, including significant efforts to-- (A) reduce dramatically the rates of Sudden Infant Death Syndrome, infant mortality, and maternal HIV transmission; (B) develop the Haemophilus Influenza B (Hib) vaccine, credited with nearly eliminating the incidence of mental retardation; and (C) conduct intramural research, support extramural research, and train thousands of child health and human development researchers who have contributed greatly to dramatic gains in child health throughout the world. (3) The vision, drive, and tenacity of one woman, Eunice Kennedy Shriver, was instrumental in proposing, passing, and enacting legislation to establish the National Institute of Child Health and Human Development (Public Law 87-838) on October 17, 1962. (4) It is befitting and appropriate to recognize the substantial achievements of Eunice Kennedy Shriver, a tireless advocate for children with special needs, whose foresight in creating the National Institute of Child Health and Human Development gave life to the words of President Kennedy, who wished to ``encourage imaginative research into the complex processes of human development from conception to old age.''. (b) Amendments to the Public Health Service Act.--The Public Health Service Act is amended-- (1) in section 401(b)(7) (42 U.S.C. 281(b)(7)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (2) in section 404B (42 U.S.C. 283d), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (3) in section 404E(a) (42 U.S.C. 283g(a)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (4) in section 409D(c)(1) (42 U.S.C. 284h(c)(1)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (5) in section 424(c)(3)(B)(vi) (42 U.S.C. 285b- 7(c)(3)(B)(vi)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (6) in section 430(b)(2)(B) (42 U.S.C. 285c-4(b)(2)(B)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (7) in subpart 7 of part C of title IV (42 U.S.C. 285g et seq), by striking ``National Institute of Child Health and Human Development'' each place that such appears and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (8) in section 487B(a) (42 U.S.C. 288-2(a)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; (9) in section 519C(g)(2) (42 U.S.C. 290bb-25c(g)(2)), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''; and (10) in section 1122 (42 U.S.C. 300c-12), by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (c) Amendments to Other Acts.-- (1) Comprehensive smoking education act.--Section 3(b)(1)(A) of the Comprehensive Smoking Education Act (15 U.S.C. 1341(b)(1)(A)) is amended by striking ``National Institute of Child Health and Human Development'' and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (2) Adult education and family literacy act.--Sections 242 and 243 of the Adult Education and Family Literacy Act (20 U.S.C. 9252 and 9253) are amended by striking ``National Institute of Child Health and Human Development'' each place that such appears and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (3) Elementary and secondary education act of 1965.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by striking ``National Institute of Child Health and Human Development'' each place that such appears and inserting ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''. (d) Reference.--Any reference in any law, regulation, order, document, paper, or other record of the United States to the ``National Institute of Child Health and Human Development'' shall be deemed to be a reference to the ``Eunice Kennedy Shriver National Institute of Child Health and Human Development''.
Recognizing Addiction as a Disease Act of 2007 - Amends the Public Health Service Act and related enactments to redesignate: (1) the National Institute on Drug Abuse as the National Institute on Diseases of Addiction; and (2) the National Institute on Alcohol Abuse and Alcoholism as the National Institute on Alcohol Disorders and Health.
A bill to change the name of the National Institute on Drug Abuse to the National Institute on Diseases of Addiction and to change the name of the National Institute on Alcohol Abuse and Alcoholism to the National Institute on Alcohol Disorders and Health.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victim Assistance Improvement Act''. SEC. 2. SPECIAL ASSESSMENTS ON CONVICTED PERSONS. (a) Increase.--Section 3013(a)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A) by striking ``$50'' and inserting ``not less than $100''; and (2) in subparagraph (B) by striking ``$200'' and inserting ``not less than $400''. (b) Extension of Period of Obligation.--Section 3013(c) of title 18, United States Code, is amended by striking ``five'' and inserting ``20''. SEC. 3. TIMING OF PAYMENT OF FINES AND RESTITUTION. (a) Clarification of Provision Concerning When a Fine Must Be Paid.--Section 3572(d) of title 18, United States Code, is amended to read as follows: ``(d) Time, Method of Payment, and Related Items.-- ``(1) In general.--Except as otherwise ordered under paragraph (2), a person sentenced to pay a fine or other monetary penalty shall not be released from custody following sentencing until the person has paid the fine or penalty in full. ``(2) Delayed payment.--(A) At sentencing, the court may, if the interest of justice requires, permit the defendant to delay payment of a fine or other penalty. ``(B) If the court permits the defendant to delay payment of a fine or penalty, the court shall require that-- ``(i) an installment on the criminal debt be paid immediately or as soon as the court determines that it would be possible for the defendant to pay an installment; and ``(ii) the defendant make payment in equal monthly installments or on such other schedule as the court may specify.''. (b) Amendment of Provision Concerning When Restitution Must Be Paid.--Section 3663 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) make payments to the court or an agent of the court, to be disbursed to the victim, in any case in which the court finds such action is necessary to protect the privacy and safety of the victim.''; and (2) in subsection (f), by striking ``(f)(1) The court may require'' and all that follows through ``(4) The order of restitution'' and inserting the following: ``(f)(1) Except as otherwise ordered under paragraph (2), a person required to pay restitution shall not be released from custody following sentencing until the person has paid the restitution in full. ``(2)(A) At sentencing, the court may permit the defendant to delay payment of restitution if the court finds that the defendant is unable to pay. ``(B) If the court permits the defendant to delay payment of restitution, the court shall require that-- ``(i) an installment on the debt of restitution be paid immediately or as soon as the court determines that it would be possible for the defendant to pay an installment; and ``(ii) the person make payment in equal monthly installments or on such other schedule as the court may specify. ``(C) This paragraph shall not be construed to limit any right that a victim may have to obtain and enforce a civil judgment against the defendant or seek any other legal remedy available to the victim to redress any injury caused by the defendant. ``(3) The order of restitution''. SEC. 4. ENFORCEMENT OF SENTENCE OF A FINE THROUGH ORDER SUSPENDING FEDERAL BENEFITS. (a) In General.--Section 3572 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(j) Suspension of Federal Benefits.-- ``(1) Definitions.--In this subsection-- ``(A) the term `Federal benefit' means a grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by any entity using appropriated funds of the United States (including a retirement, welfare, Social Security, health, disability, or veterans' benefit, public housing, or any similar benefit, or any other benefit for which payments or services are required for eligibility); and ``(B) the term `veterans' benefit' means a benefit provided to veterans, their families, or survivors under laws administered by the Secretary of Veterans Affairs. ``(2) Order.--If a defendant is delinquent in paying a fine or other monetary penalty imposed under this section, the court may, after a hearing, issue an order that-- ``(A) suspends the provision of Federal benefits to the defendant for the time period in which the defendant is delinquent, until such time as-- ``(i) the delinquency is cured; or ``(ii) if the court so orders, the defendant demonstrates a good-faith effort to cure the delinquency; or ``(B) if the defendant demonstrates that the defendant is unable to make payments as required, sets a payment schedule that will require the defendant to pay the maximum amounts that the defendant can reasonably be expected to pay under the circumstances. ``(3) Reinstatement of benefits.--An order under paragraph (2) may provide that if the defendant cures a delinquency for any time period, a Federal benefit that is in the form of a payment of money or other instrument of value to which the defendant would have been entitled with respect to that time period shall be provided to the defendant (without addition of interest for the delay in payment).''. (b) Application of Amendment.--The amendment made by subsection (a) shall not be applied to deny a Federal benefit to any person until the date on which the Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established communications links with entities that administer Federal benefit programs that are sufficient to ensure that Federal benefits are not denied to any person except as authorized by law. SEC. 5. CRIME VICTIMS FUND. (a) Prohibition of Payments to Delinquent Criminal Debtors by State Crime Victim Compensation Programs.-- (1) In general.--Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following new paragraph: ``(8) such program does not provide compensation to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is delinquent in paying a fine or other monetary penalty imposed for the offense; and''. (2) Application of amendment.--The amendment made by paragraph (1) shall not be applied to deny victims compensation to any person until the date on which the Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer Federal victims compensation programs that are sufficient to ensure that victims compensation is not denied to any person except as authorized by law. (b) Exclusion From Income for Purposes of Means Tests.--Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by inserting after subsection (b) the following new subsection: ``(c) Exclusion From Income for Purposes of Means Tests.-- Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.''.
Crime Victim Assistance Improvement Act - Amends the Federal criminal code to increase the special assessments on convicted persons in the case of a felony. Extends the period of obligation to pay an assessment. Prohibits a person sentenced to pay a fine or restitution from being released from custody following sentencing until the person has paid the fine or restitution in full. Specifies that a restitution order may require the defendant to make payments to the court to be disbursed to the victim when necessary to protect the privacy and safety of the victim. Authorizes the court to permit the defendant to delay payment if the defendant is unable to pay. Provides for the enforcement of a sentence of a fine through an order suspending Federal benefits. Amends the Victims of Crime Act of 1984 to: (1) make a crime victim compensation program eligible for funding under such Act only if the program does not provide compensation to any person who has been convicted of a Federal offense with respect to any time period during which the person is delinquent in paying a fine or other monetary penalty imposed for the offense; and (2) exclude any amount of compensation that the applicant receives through a crime victim compensation program from the income of the applicant for purposes of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides assistance to crime victims, until the total amount of assistance from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.
Crime Victim Assistance Improvement Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States International Leadership Act of 2003''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) International organizations and other multilateral institutions play a key role in United States foreign policy and serve key United States foreign policy objectives, such as obligating all countries to freeze assets of terrorist groups, preventing the proliferation of chemical, biological and nuclear weapons, and spearheading the fight to combat the ravages of HIV/AIDS and other infectious diseases. (2) Decisions at many international organizations, including membership and key positions, remain subject to determinations made by regional groups where democratic states are often in the minority and where there is intensive cooperation among repressive regimes. As a result, the United States has often been blocked in its attempts to take action in these institutions to advance its goals and objectives, including at the United Nations Human Rights Commission (where a representative of Libya was elected as chairman and the United States temporarily lost a seat). (3) In order to address these shortcomings, the United States must actively work to improve the workings of international organizations and multilateral institutions, particularly by creating a caucus of democratic countries that will advance United States interests. In the Second Ministerial Conference of the Community of Democracies in Seoul, Korea, on November 10-20, 2002, numerous countries recommended working together as a democracy caucus in international organizations such as the United Nations and ensuring that international and regional institutions develop and apply democratic standards for member states. (4) In addition, the United States has shortchanged its ability to influence these organizations by failing to obtain enough support for positions that are congruent to or consistent with United States objectives and has not done enough to build expertise in the United States Government in the area of multilateral diplomacy. SEC. 3. ESTABLISHMENT OF A DEMOCRACY CAUCUS. (a) In General.--The President of the United States, acting through the Secretary of State and the relevant United States chiefs of mission, shall seek to establish a democracy caucus at the United Nations, the United Nations Human Rights Commission, the United Nations Conference on Disarmament, and at other broad-based international organizations. (b) Purposes of the Caucus.--A democracy caucus at an international organization should-- (1) forge common positions, including, as appropriate, at the ministerial level, on matters of concern before the organization and work within and across regional lines to promote agreed positions; (2) work to revise an increasingly outmoded system of regional voting and decision making; and (3) set up a rotational leadership scheme to provide member states an opportunity, for a set period of time, to serve as the designated president of the caucus, responsible for serving as its voice in each organization. SEC. 4. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES. The Secretary of State, acting through the principal officers responsible for advising the Secretary on international organizations, shall ensure that a high-level delegation from the United States Government, on an annual basis, is sent to consult with key foreign governments in every region in order to promote the United States agenda at key international fora, such as the United Nations General Assembly, United Nations Human Rights Commission, the United Nations Education, Science, and Cultural Organization, and the International Whaling Commission. SEC. 5. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS. The President, acting through the Secretary of State and the relevant United States chiefs of mission, shall use the voice, vote, and influence of the United States to-- (1) where appropriate, reform the criteria for leadership and, in appropriate cases for membership, at all United Nations bodies and at other international organizations and multilateral institutions to which the United States is a member so as to exclude nations that violate the principles of the specific organization; (2) make it a policy of the United Nations and other international organizations and multilateral institutions, in which the United States is a member, that a member state may not stand in nomination or be in rotation for a leadership position in such bodies if such member state is subject to sanctions imposed by the United Nations Security Council; and (3) work to ensure that no member state stand in nomination or be in rotation for a leadership position in such organizations if such member state is subject to a determination under section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act. SEC. 6. INCREASED TRAINING IN MULTILATERAL DIPLOMACY. (a) Training Programs.--Section 708 of the Foreign Service Act (22 U.S.C. 4028) is amended by adding after subsection (b) the following new subsection: ``(c) Training in Multilateral Diplomacy.-- ``(1) In general.--The Secretary shall establish a series of training courses for officers of the Service, including appropriate chiefs of mission, on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments. ``(2) Particular programs.--The Secretary shall ensure that the training described in paragraph (1) is provided at various stages of the career of members of the Service. In particular, the Secretary shall ensure that after January 1, 2004-- ``(A) officers of the Service receive training on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry of the service; and ``(B) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C. to positions that have as their primary responsibility formulation of policy towards such organizations and institutions or towards participation in broad-based multilateral negotiations of international instruments receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.''. (b) Training for Civil Service Employees.--The Secretary shall ensure that employees of the Department of State that are members of the civil service and that are assigned to positions described in section 708(c) of the Foreign Service Act (as amended by this Act) have training described in such section. (c) Conforming Amendments.--Section 708 of such Act is further amended-- (1) in subsection (a) by striking ``(a) The'' and inserting ``(a) Training on Human Rights.--The''; and (2) in subsection (b) by striking ``(b) The'' and inserting ``(b) Training on Refugee Law and Religious Persecution.-- The''. SEC. 7. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS. (a) Promotions.-- (1) In general.--Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003) is amended by striking the period at the end and inserting the following: ``, and shall consider whether the member of the Service has served in a position whose primary responsibility is to formulate policy towards or represent the United States at an international organization, a multilateral institution, or a broad-based multilateral negotiation of an international instrument.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect January 1, 2010. (b) Establishment of a Multilateral Diplomacy Cone in The Foreign Service.-- (1) Findings.-- (A) The Department of State maintains a number of United States missions both within the United States and abroad that are dedicated to representing the United States to international organizations and multilateral institutions, including missions in New York, Brussels, Geneva, Rome, Montreal, Nairobi, Vienna, and Paris, which will soon be responsible for United States representation to UNESCO and OECD. (B) In offices at the Harry S. Truman Building, the Department maintains a significant number of positions in bureaus that are either dedicated, or whose primary responsibility is, to represent the United States to such organizations and institutions or at multilateral negotiations. (C) Given the large number of positions in the United States and abroad that are dedicated to multilateral diplomacy, the Department of State may be well served in developing persons with specialized skills necessary to become experts in this unique form of diplomacy. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report-- (A) evaluating whether a new cone should be established for the Foreign Service that concentrates on members of the Service that serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; and (B) provides alternative mechanisms for achieving the objective of developing a core group of United States diplomats and other government employees who have expertise and broad experience in conducting multilateral diplomacy. SEC. 8. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL NEGOTIATIONS. (a) Establishment of Office.--The Secretary of State is authorized to establish, within the Bureau of International Organizational Affairs, an Office on Multilateral Negotiations to be headed by a Special Representative for Multilateral Negotiations (in this section referred to as the ``special representative''). (b) Appointment.--The special representative shall be appointed by the President with the advice and consent of the Senate and shall have the rank of Ambassador-at-Large. At the discretion of the President another official at the Department may serve as the special representative. The President may direct that the special representative report to the Assistant Secretary for International Organizations. (c) Staffing.--The special representative shall have a staff of foreign service and civil service officers skilled in multilateral diplomacy. (d) Duties.--The special representative shall have the following responsibilities: (1) In general.--The primary responsibility of the special representative shall be to assist in the organization of, and preparation for, United States participation in multilateral negotiations, including the advocacy efforts undertaken by the Department of State and other United States agencies. (2) Advisory Role.--The special representative shall advise the President and the Secretary of State, as appropriate, regarding advocacy at international organizations and multilateral institutions and negotiations and, in coordination with the Assistant Secretary of State for International Organizational Affairs, shall make recommendations regarding-- (A) effective strategies (and tactics) to achieve United States policy objectives at multilateral negotiations; (B) the need for and timing of high level intervention by the President, the Secretary of State, the Deputy Secretary of State, and other United States officials to secure support from key foreign government officials for the United States position at such organizations, institutions, and negotiations; (C) the composition of United States delegations to multilateral negotiations; and (D) liaison with Congress, international organizations, nongovernmental organizations, and the private sector on matters affecting multilateral negotiations. (3) Democracy caucus.--The special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall ensure the establishment of a democracy caucus (described in section 3). (4) Annual diplomatic missions of multilateral issues.--The special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall organize annual consultations between the principal officers responsible for advising the Secretary of State on international organizations and foreign governments to promote the United States agenda at the United Nations General Assembly and other key international fora (such as the United Nations Human Rights Commission) as described in section 4. (5) Leadership and membership of international organizations.--The special representative, in coordination with the Assistant Secretary of International Organizational Affairs, shall direct the efforts of the United States Government to reform the criteria for leadership and membership of international organizations as described in section 5. (6) Participation in multilateral negotiations.--The special representative, or members of the special representative's staff, may, as required by the President or the Secretary of State, serve on a United States delegation to any multilateral negotiation. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a plan to establish a democracy caucus (described in section 3) to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. The report required by section 7(c) may be submitted together with the report under this subsection. SEC. 9. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. Not later than 180 days after the date of the enactment of this Act, the President shall submit a plan to the appropriate congressional committees on the implementation of section 404 of the Foreign Relations Authorization Act of 2003 (Public Law 107-228), (relating to a resumption by the United States of the payment of its full contribution to certain international organizations at the beginning of each calendar year).
United States International Leadership Act of 2003 - Directs the President, acting through the Secretary of State and the relevant U.S. chiefs of mission, to seek to establish a democracy caucus at the United Nations (UN), the UN Human Rights Commission, the UN Conference on Disarmament, and at other broad-based international organizations. Urges such a caucus to: (1) forge common positions on matters of concern before the organization; (2) work to revise the system of regional voting and decision making; and (3) set up a rotational leadership scheme to provide member states an opportunity to serve as the designated president of the caucus. Requires the Secretary, acting through the principal officers responsible for advising the Secretary on international organizations, to ensure that a high-level delegation from the U.S. Government is sent annually to consult with key foreign governments in every region to promote the U.S. agenda at key international fora, such as the UN General Assembly, UN Human Rights Commission, the UN Education, Science, and Cultural Organization (UNESCO), and the International Whaling Commission. Directs the President, acting through the Secretary and the relevant U.S. chiefs of mission, to use the voice, vote, and influence of the United States to: (1) reform the criteria for leadership and, in appropriate cases for membership, at all UN bodies and at other international organizations and multilateral institutions so as to exclude nations that violate the principles of the specific organization; (2) make it a policy of the UN and other international organizations and multilateral institutions that a member state may not stand in nomination or be in rotation for a leadership position if it is subject to UN Security Council sanctions; and (3) work to ensure that no member state stand in nomination or be in rotation for a leadership position if it is subject to a specified determination under the Foreign Assistance Act of 1961, the Arms Export Control Act, or the Export Administration Act. Amends the Foreign Service Act to direct the Secretary to establish a series of training courses for Foreign Service officers, including appropriate chiefs of mission, on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments. Requires the Secretary to ensure that civil service employees of the Department of State assigned to certain positions under the Foreign Service Act (as amended by this Act) have the proper training. Declares that the precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service shall consider whether the Service member has served in a position whose primary responsibility is to formulate policy towards or represent the United States at an international organization, a multilateral institution, or a broad-based multilateral negotiation of an international instrument. Directs the Secretary to report to the appropriate congressional committees on: (1) whether a new cone should be established for the Foreign Service that concentrates on Service members that serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; and (2) alternative mechanisms for achieving the objective of developing a core group of U.S. diplomats and other government employees who have expertise and broad experience in conducting multilateral diplomacy. Authorizes the Secretary to establish, within the Bureau of International Organizational Affairs, an Office on Multilateral Negotiations to be headed by a Special Representative for Multilateral Negotiations with the rank of Ambassador-at-Large, appointed by the President with the advice and consent of the Senate. Requires the President to submit to the appropriate congressional committees a plan to synchronize the payment of U.S. assessments to the UN and other international organizations over a multiyear period so that the United States can resume paying its dues to such international organizations at the beginning of each calendar year.
To enhance United States leadership and the functioning of international organizations and multilateral institutions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``High Technology Indexation Act of 1993''. SEC. 2. INDEXING STANDARDS. Section 5(g) of the Export Administration Act of 1979 (50 U.S.C. App. 2404(g)) is amended to read as follows: ``(g) Indexing.-- ``(1) Removal of obsolete requirements.-- ``(A) In general.--In order to ensure that requirements for validated licenses and other licenses authorizing multiple exports are periodically removed as goods or technology subject to such requirements become obsolete with respect to the national security or the policies of the United States, not later than 6 months after the date of enactment of the High Technology Indexation Act of 1993, the Secretary shall establish, in response to recommendations of technical advisory committees under paragraph (2), indexing standards which provide for increases in the performance levels of goods or technology described in paragraph (2)(A) that are subject to any such licensing requirements. ``(B) Emphasis.--The indexing standards required under subparagraph (A) shall emphasize the technical specifications of goods or technology below which no authority or permission to export is required. ``(C) Removal of controls.--With respect to goods or technology referred to in subparagraph (B) which no longer require licensing under the increased performance level standards established in accordance with subparagraph (A)-- ``(i) the removal of controls on exports of such goods or technology to controlled countries shall be incorporated into United States proposals to all multilateral regimes; and ``(ii) controls under this section on exports of such goods or technology to countries other than controlled countries shall be removed, after consultations with the multilateral regimes, as appropriate, unless-- ``(I) the Secretary, after consultation with the Secretary of Defense, the Secretary of State, and the heads of other appropriate executive departments (as defined in section 101 of title 5, United States Code), makes a determination that removal of controls on the goods or technology will permit exports that will be detrimental to the national security or the policies of the United States; and ``(II) the Secretary reports that determination in writing, together with a description of the specific anticipated impact on the national security or the policies of the United States, to the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(D) Other considerations.--The Secretary shall also consider, where appropriate, eliminating site visitation requirements for goods and technology from which export controls have been removed under this paragraph. ``(2) Recommendations.-- ``(A) In general.--In carrying out this subsection, the Secretary shall direct the technical advisory committees appointed under subsection (h) to recommend indexing standards for goods or technology-- ``(i) which are eligible for export under a distribution license; ``(ii) which are eligible for favorable consideration under the rules of the Coordinating Committee; ``(iii) below which exports require only notification of the governments participating in the Coordinating Committee; and ``(iv) below which no authority or permission to export may be required under this section. ``(B) Submission and determination of acceptance.-- The technical advisory committees shall submit their recommendations for indexing standards as they are made to the Secretary, who shall determine, not later than 30 days after each submission, or not later than 45 days after a submission in the event of an objection by the head of any other executive department, whether to accept the standards or to refer them back to the appropriate technical advisory committee for further consideration. ``(C) Timing of proposals.--The proposals referred to in paragraph (1)(C)(i) shall be made at the next meeting of the Coordinating Committee, or any other multilateral regime, at which list review is conducted, that is held after the indexing standards established under this subsection are applied to the goods or technology involved. ``(3) Policies.--For purposes of this subsection, the term `policies of the United States' means foreign policy and the non-proliferation policies referred to in section 6.''. SEC. 3. SUPERCOMPUTER EXPORTS. (a) Supercomputer Exports and Reexports.--Section 5(a) of the Export Administration Act of 1979 (50 U.S.C. 2404(a)) is amended by adding at the end the following new paragraph: ``(7) Supercomputer definition.-- ``(A) Performance-based indexing system.--The Secretary shall, not later than 6 months after the date of the enactment of this paragraph, publish in the Federal Register a performance-based indexing system in order to ensure that the definition of `supercomputer' under paragraph (6)(A) and all controls and security safeguard procedures applicable to supercomputer exports and reexports are commensurate with technological advances in the supercomputer industry. ``(B) Security safeguard procedures.--Under the indexing system published in accordance with subparagraph (A), for destinations in any country (other than a controlled country) that is a party to and, as determined by the President, is adhering to the Treaty on the Non-Proliferation of Nuclear Weapons (done at Washington, London, and Moscow on July 1, 1968) or the Treaty for the Prohibition of Nuclear Weapons in Latin America (done at Mexico on February 14, 1967), no security safeguard procedures may be required in connection with any export or reexport of a supercomputer with a composite theoretical performance at or below approximately 15 percent of the composite theoretical performance of the average of the 2 most powerful supercomputers currently available commercially in the United States or elsewhere. ``(C) Advisory committee input.--Before publishing the performance-based indexing system under subparagraph (A), the Secretary shall seek the views of the appropriate technical advisory committees appointed under subsection (h), and other interested parties. ``(D) Reports to congress.--Not later than 2 weeks after publication of such system in the Federal Register, the Secretary shall submit a written report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, that includes-- ``(i) the text of the Federal Register notice; ``(ii) a summary of the views expressed by the technical advisory committees and other interested parties with respect to the performance-based indexing system; and ``(iii) a description of how the performance-based indexing system addresses the views of the technical advisory committees appointed under subsection (h) and other interested parties. ``(E) Definition.--For purposes of this paragraph, the term `security safeguard procedures' means procedures that are required by the Department of Commerce, as a condition of an authorization to export or reexport a supercomputer, primarily to restrict access to and resale of such supercomputer.''.
High Technology Indexation Act of 1993 - Amends the Export Administration Act of 1979 to change from discretionary to mandatory the Secretary of Commerce's authority to establish indexing standards which provide for automatic increases (instead of currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal from the commodity control list of goods or technology which no longer require licensing under the increased performance level standards, unless the Secretary reports to specified congressional committees that removal of controls will permit exports detrimental to U.S. national security or U.S. policies. Directs the Secretary to require technical advisory committees to recommend indexing standards for certain goods or technology. Requires the Secretary to publish in the Federal Register a performance-based indexing system to ensure that the definition of "supercomputer" and all controls and security safeguard procedures on supercomputer exports or reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required.
High Technology Indexation Act of 1993
SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Investment in American Jobs Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) It remains an urgent national priority to improve economic growth and create new jobs. (2) National security requires economic strength and global engagement. (3) Businesses today have a wide array of choices when considering where to invest, expand, or establish new operations. (4) Administrations of both parties have consistently reaffirmed the need to maintain an open investment climate as a key to domestic economic prosperity and security. (5) The United States has historically been the largest worldwide recipient of global investment but has seen its share of inbound global investment decline relative to its gross domestic product in recent years. (6) Governors and mayors throughout the United States face increasing competition from other countries as they work to recruit investment from global companies. (7) Foreign direct investment can benefit the economy and workforce of every State and Commonwealth in the United States. (8) According to the latest Federal statistics, the United States subsidiaries of companies headquartered abroad contribute to the United States economy in a variety of important ways, including by-- (A) providing jobs for nearly 5,300,000 Americans with average compensation that is approximately 33 percent higher than the national private-sector average, as these jobs are often in high-skilled, high- paying industries; (B) strengthening the United States industrial base and employing nearly 15 percent of the United States manufacturing sector workforce; (C) establishing operations in the United States from which to sell goods and services around the world, thereby producing nearly 18 percent of United States exports; (D) promoting innovation with more than $41,000,000,000 in annual United States research and development activities; (E) paying nearly 17 percent of United States corporate income taxes; and (F) purchasing more than $1,800,000,000,000 in domestic goods and services annually from local suppliers and small businesses, amounting to 80 cents for every dollar spent on input purchases. (9) These companies account for 5.8 percent of United States private sector Gross Domestic Product. (10) The Secretary of Commerce and the Secretary of State have declared increasing inbound global investment to be among their top priorities. (11) The President issued a statement in 2011 reaffirming the longstanding open investment policy of the United States and encouraged all countries to pursue such a policy. (12) The President signed an Executive order in 2011 to establish the SelectUSA initiative, aimed at promoting greater levels of business investment in the United States. (13) The President's Council on Jobs and Competitiveness in 2011 recommended the establishment of a National Investment Initiative to attract $1,000,000,000,000 in new business investment from abroad. (14) The United States and the European Union recently unveiled a set of principles aimed at promoting a more open climate for international investment and intended as a model for countries around the world. (15) Maintaining the United States commitment to open investment policy encourages other countries to do the same and enables the United States to open new markets abroad for United States companies and their products. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the ability of the United States to attract inbound investment, particularly net new investment, is directly linked to the long-term economic prosperity, competitiveness, and security of the United States; (2) in order to remain the most attractive location for global investment, Congress and Federal departments and agencies should be mindful of the potential impact upon the ability of the United States to attract foreign direct investment when evaluating proposed legislation or regulatory policy; (3) it is a top national priority to enhance the competitiveness, prosperity, and security of the United States by-- (A) removing unnecessary barriers to inward global investment and the jobs that it creates throughout the United States; and (B) promoting policies to ensure the United States remains the premier destination for global companies to invest, hire, innovate, and manufacture their products; and (4) while foreign direct investment can enhance our economic strength, policies regarding foreign direct investment should reflect national security interests. SEC. 4. AMENDMENT TO FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL DATA IMPROVEMENTS ACT OF 1990. Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (22 U.S.C. 3142) is amended by adding at the end the following: ``(d) Review of United States Laws and Policies on Foreign Direct Investment in the United States.-- ``(1) Review.--The Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall conduct an interagency review of United States laws and policies on foreign direct investment in the United States and develop recommendations to make the United States more competitive in attracting and retaining strong investment flows from abroad. ``(2) Additional matters to be included.--The review conducted pursuant to paragraph (1) shall include the following: ``(A) A review of the current economic impact of foreign direct investment in the United States and broader trends in global cross-border investment flows, including an assessment of the current United States competitive position as an investment location for companies headquartered abroad. ``(B) A review of United States laws and policies that uniquely apply to foreign direct investment in the United States, with particular focus on those laws and policies that may have the effect of diminishing or promoting the ability of the United States to attract and retain foreign direct investment. ``(C) A review of ongoing Federal Government efforts to improve the investment climate, reduce investment barriers, and facilitate greater levels of foreign direct investment in the United States. ``(D) Recommendations based on the review carried out pursuant to subparagraph (B), including a comparative analysis of efforts of other competing countries, to make the United States more competitive in attracting global investment. ``(E) The impact of foreign direct investment on innovation and national economic competitiveness. ``(F) A review of State and local government initiatives to attract foreign investment. ``(3) Comment period.--The review conducted under paragraph (1) shall include an open comment period to solicit public input on matters covered by the review. ``(4) Inclusion in report.--The Secretary of Commerce shall include the results of the review conducted pursuant to paragraph (1) in the first report prepared under subsection (a) of this section on or after the date of the enactment of the Global Investment in American Jobs Act of 2012.''. Passed the House of Representatives September 19, 2012. Attest: KAREN L. HAAS, Clerk.
Global Investment in American Jobs Act of 2012 - Expresses the sense of Congress that: (1) U.S. ability to attract inbound investment (particularly net new investment) is directly linked to U.S. long-term economic prosperity, competitiveness, and security; (2) Congress and federal departments and agencies should be mindful of the potential impact upon U.S. ability to attract foreign direct investment when evaluating proposed legislation or regulatory policy; (3) it is a top national priority to enhance U.S. competitiveness, prosperity, and security by removing unnecessary barriers to inward global investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier destination for global companies to invest, hire, innovate, and manufacture their products; and (4) U.S. policies regarding foreign direct investment should reflect national security interests. Amends the Foreign Direct Investment and International Financial Data Improvements Act of 1990 to direct the Secretary of Commerce to conduct an interagency review of U.S. laws and policies on foreign direct investment in the United States and develop recommendations to make the United States more competitive in attracting and retaining strong investment flows from abroad.
To direct the Secretary of Commerce, in coordination with the heads of other relevant Federal departments and agencies, to produce a report on enhancing the competitiveness of the United States in attracting foreign direct investment, and for other purposes.
SECTION 1. SHORT TITLE. This title may be cited as the ``Harbor Services Fund Act of 1999''. SEC. 2. HARBOR SERVICES FEE. (a) In General.--There is hereby imposed a fee on services provided to commercial vessels for port use. (b) Amount of Fee.--The amount of the fee imposed by subsection (a) shall be based on vessel category and vessel capacity unit in accordance with the following table: Vessel Category: Rate of Fee: Bulker......................... $0.12 per vessel capacity unit Tanker......................... $0.28 per vessel capacity unit General........................ $2.74 per vessel capacity unit Cruise......................... $0.12 per vessel capacity unit. The aggregate amount of fees imposed under the authority of this section in a fiscal year shall be sufficient to pay the projected total expenditures of the Department of the Army, subject to appropriations, for harbor development, operation, and maintenance for a fiscal year. If amounts appropriated in any fiscal year are less than the amount collected in fees for the prior fiscal year, then the rate of the fee for each vessel category shall be reduced in the year of the appropriation so as to result in collections not exceeding the total amount appropriated from the Harbor Services Fund for that fiscal year. (c) Imposition of Fees.--The fee imposed by subsection (a) shall be imposed on a voyage basis for commercial vessels and shall be payable by the operator of a commercial vessel upon the first port use by a vessel entering a United States port from a foreign port or at the originating port for domestic voyages. (d) Authorization of Collection and Appropriation of Fees.--Fees imposed pursuant to this section may be collected only to the extent provided in advance in appropriations Acts. Amounts so collected in any fiscal year shall be available for obligation in the following fiscal year only to the extent and in the amount provided in advance in the appropriations Act for such fiscal year. Such fees are authorized to be appropriated to remain available until expended. (e) Exemptions.--No fee shall be imposed under this section for port use-- (1) by the United States or any agency or instrumentality thereof; (2) in connection with intraport movements; (3) in connection with transporting commercial cargo from the United States mainland to Alaska, Hawaii, or any possession of the United States for ultimate use or consumption in Alaska, Hawaii, or any possession of the United States; (4) in connection with transporting commercial cargo from Alaska, Hawaii, or any possession of the United States to the United States mainland, Alaska, Hawaii, or such possession for ultimate use or consumption in the United States mainland, Alaska, Hawaii, or such a possession; (5) in connection with transporting commercial cargo within Alaska, Hawaii, or a possession of the United States; or (6) in connection with transporting passengers on United States flag vessels operating solely within the State waters of Alaska or Hawaii and adjacent international waters. (f) Collection of Fee.--The Secretary of the Treasury shall be responsible for prescribing regulations-- (1) providing for the manner and method of payment and collection of the fee imposed by this section; (2) providing for the posting of bonds to secure payment of such fee; and (3) exempting any transaction or class of transactions from such fee where the collection of such fee is not administratively practical. (g) Audit of Fees.--The Secretary of the Army shall be responsible for prescribing regulations-- (1) providing for the remittance or mitigation of penalties and the settlement or compromise of claims; (2) providing for a periodic review of amounts collected under this section to ensure that the fees charged fairly approximate the cost of services provided to commercial vessels for port use; (3) providing for the prospective adjustment of the rate of the fee for any one or more of the bulker, tanker, or cruise vessel categories by up to $0.05, or, in the case of the general vessel category, by up to $0.25, as necessary to fairly approximate the cost of services provided to commercial vessels in each vessel category; and (4) such other regulations as may be necessary to carry out the purposes of this Act. SEC. 3. HARBOR SERVICES FUND. (a) Creation of Fund.--There is hereby established in the Treasury of the United States a Harbor Services Fund (hereinafter referred to as the ``Fund'') into which shall be deposited as offsetting receipts all fees collected under section 2 of this Act and to which shall be transferred balances in the Harbor Maintenance Trust Fund established pursuant to 26 U.S.C. 9505. (b) Purposes.--(1) Subject to subsection (c), amounts in the Fund may be made available for each fiscal year to pay-- (A) 100 percent of the eligible harbor development costs; (B) 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all ports within the United States; and (C) 100 percent of the eligible costs of maintaining the Federal dredging capability for the Nation. (2) In addition to the purposes set forth in paragraph (1) of this subsection, an amount of up to $100,000,000 per fiscal year is authorized to be appropriated from the Fund for dredging of berthing areas and construction and maintenance of bulkheads associated with a Federally authorized project and for all or a portion of the non- Federal share of project costs of an eligible non-Federal interest participating in the construction, operation, or maintenance of a Federally authorized project. (c) Expenditures From Harbor Services Fund.--(1) Except as provided in paragraph (2), amounts in the Fund shall be available, as provided in advance in appropriation Acts, to carry out subsection (b) of this section and for the payment of expenses incurred in administering the fee imposed by section 2(a) of this Act. Such amounts are authorized to be appropriated to remain available until expended. (2) From the balances transferred to the Harbor Services Fund pursuant to section 3(a) of this Act, such sums as may be necessary are hereby reserved to implement legislation to be enacted to establish the Saint Lawrence Seaway Development Corporation as a performance based organization. SEC. 4. CONFORMING AMENDMENTS. (a) Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is permanently repealed upon enactment of an appropriation Act for fiscal year 2000 authorizing the collection of fees pursuant to section 2(d) of this Act. (b) Sections 4461 and 4462 of title 26, United States Code, are permanently repealed upon enactment of an appropriation Act for fiscal year 2000 authorizing the collection of fees pursuant to section 2(d) of this Act. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) The term ``port'' means any channel or harbor (or component thereof) in the United States which is not an inland waterway and which is open to public navigation. The term ``port'' does not include any channel or harbor with respect to which no Federal funds have been used since 1989 for construction, operation, or maintenance, or which was deauthorized by Federal law before 1997 or to any channel or harbor where commercial vessels cannot load or unload cargo or passengers. (2) The term ``port use'' means the use of a channel by a commercial vessel for entering and exiting a port for commercial purposes. (3) The term ``commercial cargo'' means any cargo transported on a commercial vessel. The term does not include bunker fuel, ship's stores, sea stores, or equipment necessary to the operation of a vessel, or fish or other aquatic animal life caught and not previously landed on shore. (4) The term ``commercial vessel'' means any vessel in excess of 3,000 gross registered tons used in transporting cargo or passengers by water for compensation or hire, or in transporting cargo by water in the business of the owner, lessee, or operator of the vessel. The term does not include any ferry engaged primarily in the ferrying of passengers (including their vehicles) between points within the United States, or between the United States and contiguous countries. (5) The term ``ferry'' means any vessel which arrives in the United States on a regular schedule during its operating season at intervals of at least once each business day. (6) The term ``vessel capacity unit'' means the unit measure of vessel capacity represented by net tonnage, or, in the case of containerships or cruise ships, gross tonnage. (7) The term ``United States mainland'' means the contiguous 48 States. (8) The term ``eligible harbor development costs'' means the Federal share of the costs associated with construction of the general navigation features at a harbor or inland harbor within the United States. (9) The term ``bulker'' as a vessel category means a waterborne vessel designed to transport dry bulk cargo, including self-propelled vessels and non self-propelled vessels. (10) The term ``tanker'' as a vessel category means a waterborne vessel designed to transport liquid bulk cargo, including self-propelled vessels and non self-propelled vessels. (11) The term ``general'' as a vessel category means a waterborne vessel designed to transport general cargo. (12) The term ``cruise ship'' as a vessel category means a waterborne vessel designed to transport fare paying, berthed passengers. (13) The term ``eligible non-Federal interest'' means a non-Federal interest for a Federally authorized navigation project at a port where the average amount of the harbor services fee collected over three consecutive fiscal years exceeds the average Federal expenditures from the Harbor Services Fund at that port during the same consecutive fiscal years by $10,000,000. (14) For purposes of paragraphs (2), (3), and (4) of section 2(d), the term ``commercial cargo'' does not include crude oil with respect to Alaska. SEC. 6. EFFECTIVE DATE. The fees prescribed pursuant to section 2(a) of this Act shall be imposed on the owners or operators of commercial vessels beginning on October 1, 1999.
Harbor Services Fund Act of 1999 - Imposes a fee on services provided to commercial vessels for port use based on vessel category and vessel capacity as specified under this Act. Requires that the aggregate amount of such fees in a fiscal year be sufficient to pay the projected total expenditures of the Department of the Army for harbor development, operation, and maintenance for a fiscal year. Requires such fee, with specified exceptions, to be imposed on a voyage basis for such vessels and to be payable by the operator of such a vessel upon entering a U.S. port from a foreign port or at the originating port for domestic voyages. Establishes the Harbor Services Fund into which all fees collected under this Act shall be deposited as offsetting receipts and to which balances in the Harbor Maintenance Trust Fund shall be transferred. Authorizes amounts in the Fund to be made available for each fiscal year to pay 100 percent of the eligible harbor development costs, the eligible operations and maintenance costs assigned to commercial navigation of all ports within the United States, and the eligible costs of maintaining Federal dredging capability for the Nation. Authorizes, in addition, appropriations of up to $100 million per fiscal year from the Fund for the dredging of berthing areas and construction and maintenance of bulkheads associated with a Federally authorized project and for all or a portion of the non-Federal share of project costs of an eligible non-Federal interest participating in the construction, operation, or maintenance of such a project. Reserves from the balances transferred to the Fund such sums to implement legislation to be enacted to establish the Saint Lawrence Seaway Development Corporation as a performance based organization.
Harbor Services Fund Act of 1999
That section 2805(a) of the Act of October 30, 1992 (106 Stat. 4692; 16 U.S.C. 4601-33(a), is amended by adding at the end the following: ``(3) Any person who violates any such regulation which is issued pursuant to this Act shall be fined under title 18, United States Code, imprisoned not more than 6 months, or both. Any person charged with a violation of such regulation may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18, United States Code. ``(4) The Secretary may-- ``(A) authorize law enforcement personnel from the Department of the Interior to act as law enforcement officers to maintain law and order and protect persons and property within a Reclamation project or on Reclamation lands; ``(B) authorize law enforcement personnel of any other Federal agency that has law enforcement authority (with the exception of the Department of Defense) or law enforcement personnel of any State or local government, including Indian tribes, when deemed economical and in the public interest, and with the concurrence of that agency or that State or local government, to act as law enforcement officers within a Reclamation project or on Reclamation lands with such enforcement powers as may be so assigned them by the Secretary to carry out the regulations promulgated under paragraph (2); ``(C) cooperate with any State or local government, including Indian tribes, in the enforcement of the laws or ordinances of that State or local government; and ``(D) provide reimbursement to a State or local government, including Indian tribes, for expenditures incurred in connection with activities under subparagraph (B). ``(5) Officers or employees designated or authorized by the Secretary under paragraph (4) are authorized to-- ``(A) carry firearms within a Reclamation project or on Reclamation lands and make arrests without warrants for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony, and if such arrests occur within a Reclamation project or on Reclamation lands or the person to be arrested is fleeing therefrom to avoid arrest; ``(B) execute within a Reclamation project or on Reclamation lands any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law for an offense committed within a Reclamation project or on Reclamation lands; and ``(C) conduct investigations within a Reclamation project or on Reclamation lands of offenses against the United States committed within a Reclamation project or on Reclamation lands if the Federal law enforcement agency having investigative jurisdiction over the offense committed declines to investigate the offense. ``(6)(A) Except as otherwise provided in this paragraph, a law enforcement officer of any State or local government, including Indian Tribes, designated to act as a law enforcement officer under paragraph (4) shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including, but not limited to, those relating to hours of work, rates of compensation, employment discrimination, leave, unemployment compensation, and Federal benefits. ``(B) For purposes of chapter 171 of title 28, United States Code, popularly known as the Federal Tort Claims Act, a law enforcement officer of any State or local government, including Indian Tribes, shall, when acting as a designated law enforcement officer under paragraph (4) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be considered a Federal employee. ``(C) For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or local government, including Indian Tribes, shall, when acting as a designated law enforcement officer under paragraph (4) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be deemed a civil service employee of the United States within the meaning of the term `employee' as defined in section 8101 of title 5, and the provisions of that subchapter shall apply. Benefits under this subchapter shall be reduced by the amount of any entitlement to State or local workers' compensation benefits arising out of the same injury or death. ``(7) Nothing in paragraphs (3) through (9) shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency, or to affect any existing right of a State or local government, including Indian tribes, to exercise civil and criminal jurisdiction within a Reclamation project or on Reclamation lands. ``(8) For the purposes of this subsection, the term `law enforcement personnel' means employees of a Federal, State, or local government agency, including an Indian tribal agency, who have successfully completed law enforcement training approved by the Secretary and are authorized to carry firearms, make arrests, and execute services of process to enforce criminal laws of their employing jurisdiction. ``(9) The law enforcement authorities provided for in this subsection may be exercised only pursuant to rules and regulations promulgated by the Secretary and approved by the Attorney General.''.
Amends the Reclamation Recreation Management Act of 1992 to provide for criminal penalties for any person who violates any regulation issued pursuant to such Act regarding protection of reclamation lands and projects. Allows any person charged with a violation to be tried and sentenced by any U.S. magistrate judge.Authorizes the Secretary of the Interior to: (1) authorize law enforcement personnel of the Department of the Interior, other Federal agencies that have law enforcement authority, or any State or local government, including Indian tribes, to act as law enforcement officers within a reclamation project or on reclamation lands; (2) cooperate with any State or local government in the enforcement of the laws or ordinances of that State or local government; and (3) provide reimbursement to a State or local government for expenditures incurred in connection with law enforcement activities within reclamation projects or lands.
A bill to amend the Reclamation Recreation Management Act of 1992 in order to provide for the security of dams, facilities, and resources under the jurisdiction of the Bureau of Reclamation.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighting Research and Coordination Act''. SEC. 2. NEW FIREFIGHTING TECHNOLOGY. (a) In General.--Section 8 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2207) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Development of New Technology.-- ``(1) In general.--In addition to, or as part of, the program conducted under subsection (a), the Administrator, in consultation with the National Institute of Standards and Technology, the Inter-Agency Board for Equipment Standardization and Inter-Operability, national voluntary consensus standards development organizations, interested Federal, State, and local agencies, and other interested parties, shall-- ``(A) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating new firefighting technologies, including-- ``(i) personal protection equipment; ``(ii) devices for advance warning of extreme hazard; ``(iii) equipment for enhanced vision; ``(iv) devices to locate victims, firefighters, and other rescue personnel in above-ground and below-ground structures; ``(v) equipment and methods to provide information for incident command, including the monitoring and reporting of individual personnel welfare; ``(vi) equipment and methods for training, especially for virtual reality training; and ``(vii) robotics and other remote- controlled devices; ``(B) evaluate the compatibility of new equipment and technology with existing firefighting technology; and ``(C) support the development of new voluntary consensus standards through national voluntary consensus standards organizations for new firefighting technologies based on techniques and methodologies described in subparagraph (A). ``(2) New equipment must meet standards.--For equipment for which applicable voluntary consensus standards have been established, the Administrator shall, by regulation, require that equipment or systems purchased through the assistance program established by section 33 meet or exceed applicable voluntary consensus standards.''. (b) Authorization of Appropriations.--Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by adding at the end the following: ``(i) Development of New Technology.--There are authorized to be appropriated to the Administrator to carry out section 8(e) $2,200,000 for fiscal year 2004.''. SEC. 3. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY. (a) In General.--Section 10 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2209) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Mutual Aid Systems.-- ``(1) In general.--The Administrator, after consultation with the Director of the Federal Emergency Management Agency, shall provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies that-- ``(A) include threat assessment and equipment deployment strategies; ``(B) include means of collecting asset and resource information to provide accurate and timely data for regional deployment; and ``(C) are consistent with the Federal Emergency Management Agency's Federal Response Plan. ``(2) Model mutual aid plans.--The Administrator, in consultation with the Director of the Federal Emergency Management Agency, shall develop and make available to State and local fire service officials model mutual aid plans for both intrastate and interstate assistance.''. (b) Report on Strategic Needs.--Within 90 days after the date of enactment of this Act, the Administrator of the United States Fire Administration shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science on the need for a strategy concerning deployment of volunteers and emergency response personnel (as defined in section 6 of the Firefighters' Safety Study Act (15 U.S.C. 2223e)), including a national credentialing system, in the event of a national emergency. (c) Update of Federal Response Plan.--Within 180 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall-- (1) revise that Agency's Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services; and (2) transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science describing the action taken to comply with paragraph (1). SEC. 4. TRAINING. (a) In General.--Section 8(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended-- (1) by striking ``and'' after the semicolon in subparagraph (E); (2) by redesignating subparagraph (F) as subparagraph (N); and (3) by inserting after subparagraph (E) the following: ``(F) strategies for building collapse rescue; ``(G) the use of technology in response to fires, including terrorist incidents and other national emergencies; ``(H) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; ``(I) use of and familiarity with the Federal Emergency Management Agency's Federal Response Plan; ``(J) leadership and strategic skills, including integrated management systems operations and integrated response; ``(K) applying new technology and developing strategies and tactics for fighting forest fires; ``(L) integrating terrorism response agencies into the national terrorism incident response system; ``(M) response tactics and strategies for fighting fires at United States ports, including fires on the water and aboard vessels; and''. (b) Consultation on Fire Academy Classes.--The Superintendent of the National Fire Academy may consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. (c) Coordination with Other Programs To Avoid Duplication.--The Administrator of the United States Fire Administration shall coordinate training provided under section 8(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) with the Attorney General, the Secretary of Health and Human Services, and the heads of other Federal agencies-- (1) to ensure that such training does not duplicate existing courses available to fire service personnel; and (2) to establish a mechanism for eliminating duplicative training programs.
Firefighting Research and Coordination Act - Amends the Federal Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration (Director of the Federal Emergency Management Agency (FEMA)) to: (1) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating new firefighting technologies; (2) evaluate the compatibility of new equipment and technology with existing technology; and (3) support the development of new standards through national voluntary consensus standards organizations for new firefighting technologies based on specified techniques and methodologies.Directs the Administrator to: (1) provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies; and (2) develop and make model mutual aid plans for both intrastate and interstate assistance available to State and local fire service officials.Requires the Director of FEMA to revise FEMA's Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas.Authorizes the Superintendent of the National Academy for Fire Prevention and Control to train fire service personnel in: (1) strategies for building collapse rescue; (2) the use of technology in response to fires; (3) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; (4) use of and familiarity with the national plan; (5) leadership and strategic skills, including integrated management systems operations and integrated response; (6) strategies and tactics for fighting forest fires; (7) integration of terrorism response agencies into the national terrorism incident response system; and (8) response tactics and strategies for fighting fires at U.S. ports, including fires on the water and aboard vessels.
A bill to provide for the establishment of a scientific basis for new firefighting technology standards, improve coordination among Federal, State, and local fire officials in training for and responding to terrorist attacks and other national emergencies, and for other purposes.
SECTION 1. IDENTIFICATION OF ILLEGAL ALIENS WHO CONSUME HEALTH RESOURCES. (a) Requirement of Disclosure.-- (1) In general.--Each Federally-subsidized health care provider (as defined in subsection (d)(1)) that provides health care services described in paragraph (2) to an alien whom the provider knows, or has reason to believe, is not lawfully present in the United States shall report to an officer or employee of the Immigration and Naturalization Service specified by the Attorney General such information relating to the identity of the alien as the Attorney General specifies. The information shall be reported at or before the time of providing such services. (2) Health care services described.--The health care services described in this paragraph are health care items and services furnished in the United States-- (A) by a tax-exempt health care provider, or (B) for which payment may be made under a Federal health care program. (3) Enforcement.-- (A) Tax-exempt health care providers.--If the Attorney General determines a tax-exempt health care provider has failed to report information under paragraph (1) in a timely manner, the Attorney General shall notify the Secretary of the Treasury, who shall suspend the provider's exemption from taxes under section 501 of the Internal Revenue Code of 1986 for a period of not less than 2 years. (B) Health care providers receiving funds under federal health care programs.--If the Attorney General determines a health care provider receiving payments under a Federal health care program has failed to report information under paragraph (1) in a timely manner, the Attorney General shall notify the Secretary of Health and Human Services or other Federal official responsible for the payment of funds under the program, who shall (directly or through notice to the State or other official making payments to the provider) disqualify the provider from payments under the program for a period of not less than 2 years. (C) Notice and hearing.--The Attorney General shall not make a determination under this paragraph with respect to a health care provider except after giving the provider notice and opportunity for a hearing on the determination. (4) Priority in deportation.--The Attorney General shall give priority in enforcing deportation provisions of the Immigration and Nationality Act to the deportation of aliens who have been identified under this subsection as being provided health care services at public expense. (b) Assuring Payment by Foreign Countries.-- (1) In general.--Each Federally-subsidized health care provider that provides health care items and services in the United States to an alien who-- (A) is not lawfully present in the United States, and (B) fails to provide for payment on a timely basis for any amounts owed for such services, shall provide the Secretary of Health and Human Services with such information regarding the nationality of the alien, the items and services involved, and the payment amounts owing as the Secretary may specify in order to carry out this subsection. (2) Notice to foreign country.--In the case of an alien who is a national of a foreign country and who is identified under paragraph (1), the Secretary shall provide notice to the foreign country of the payment amounts owing and the withholding provisions of paragraph (3). (3) Withholding of assistance for amounts owed.--Of the funds made available for a foreign country under part I of the Foreign Assistance Act of 1961, an amount equivalent to 110 percent of the total amounts identified under paragraph (1) as owing under this subsection on behalf of aliens who are nationals of the foreign country shall be withheld from obligation for such country until the Secretary certifies and reports in writing to the Congress that such amounts are fully paid. (c) Override of Alien Shield Laws.-- (1) Federal law.--No Federal law shall prevent a Federally- subsidized health care provider from disclosing to employees and officers of the Immigration and Naturalization Service the identity of individuals who appear to be aliens unlawfully in the United States and who receive health care services from such a provider. (2) State law.--As a condition for the receipt of Federal funds under title XIX of the Social Security Act and under the Public Health Service Act for fiscal years beginning with the first fiscal year that begins more than 2 years after the date of the enactment of this Act, each State shall repeal or otherwise override any State law that has the effect of preventing a Federally-subsidized health care provider from making a disclosure described in paragraph (1). (d) Definitions.--Except as otherwise specifically provided, in this section: (1) Federally-subsidized health care provider.--The term ``Federally-subsidized health care provider'' means a health care provider that-- (A) is a tax-exempt health care provider, (B) receives payments under a Federal health care program (as defined in paragraph (2)). (2) Federal health care program.--The term ``Federal health care program'' includes-- (A) the medicare program under title XVIII of the Social Security Act, (B) the medicaid program under title XIX of such Act, (C) the maternal and child health program under title V of such Act, and (D) programs under the Public Health Service Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. (5) Tax-exempt health care provider.--The term ``tax-exempt health care provider'' means a health care provider described in section 501(c)(3) of the Internal Revenue Code of 1986. (e) Effective Date.-- (1) In general.--Except as provided in this subsection, the provisions of this Act shall take effect on the first day of the first month beginning more than 90 days after the date of the enactment of this Act. (2) State laws.--In the case of a State which the Secretary determines requires State legislation in order to meet the condition described in subsection (c)(2), the State plan of medical assistance under title XIX of the Social Security Act shall not be regarded as failing to comply with such condition before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
Requires: (1) each federally-subsidized health care provider that provides health care services to an illegal alien to identify such person to the Immigration and Naturalization Service; (2) the Attorney General to give such alien deportation priority; and (3) withholding of specified U.S. assistance to such alien's home country to cover the cost of any unpaid health services.
To identify illegal aliens who consume scarce health care resources in the United States and who do not pay for such care and to seek reimbursement for this care from the home government of the aliens.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Funding Stability Act''. SEC. 2. TRUST FUND OFF BUDGET. (a) Trust Fund Off Budget.--Section 48114 of title 49, United States Code, is amended to read as follows: ``Sec. 48114. Trust fund off budget ``(a) Airport and Airway Trust Fund Guarantee.--Beginning October 1, 2017, receipts and disbursements of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 shall not be subject-- ``(1) to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 or any subsequent law requiring such sequestration; ``(2) to apportionment pursuant to section 1513(b) of title 31, United States Code; ``(3) to appropriation and shall be authorized and made available immediately for obligation and expenditure; and ``(4) to any legal requirement, directive, or other provision of law of or related to the Office of Management and Budget. ``(b) General Fund Share.--In addition to amounts made available under subsection (a), there is further authorized to be appropriated from the general fund of the Treasury such sums as may be necessary for the Federal Aviation Administration Operations account. Such funds shall not be subject to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 or any subsequent law requiring such sequestration. ``(c) Authorization To Transfer Certain Funds To Prevent Reduced Operations and Staffing.--Notwithstanding any other provision of law, within any fiscal year, the Administrator may transfer, to the account funding Administration operations, up to 5 percent of funds available for any budget activity in any other account of the Federal Aviation Administration to prevent reduced operations and staffing of the Federal Aviation Administration and to ensure a safe and efficient air transportation system.''. (b) Essential Air Service.--Section 41742 of title 49, United States Code, is amended by striking paragraph (2) of subsection (a) and inserting the following: ``(2) Additional funds.--Beginning October 1, 2017, from amounts deposited into the Airport and Airway Trust Fund, the sum of $175,000,000 for each fiscal year is authorized and shall be made available immediately, in addition to amounts made available under paragraph (1) and subsection (b), for obligation and expenditure to carry out the essential air service program under this subchapter.''. SEC. 3. FLEXIBILITY. (a) Office of Management and Budget.--The Federal Aviation Administration shall be exempt from any order, directive, rule, or other requirement of the Office of Management and Budget. (b) Office of the Secretary of Transportation.--The revisions to the procurement and personnel systems of the Federal Aviation Administration under sections 6(a) and 7(a) shall not be subject to approval, modification, or review by the Secretary of Transportation. SEC. 4. MANAGEMENT ADVISORY COUNCIL INPUT. (a) Air Traffic Control System Performance.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40131. Air traffic control system performance ``(a) In General.--The Federal Aviation Management Advisory Council established under section 106(p) shall, in addition to performing the responsibilities under such section-- ``(1) assess the performance of the air traffic control system and the Administrator's policy and strategic decisions with respect to operation and modernization of the system; and ``(2) make recommendations to the Administrator to improve the system. ``(b) Public Response.--The Administrator shall publicly respond in writing to each recommendation of the Council under subsection (a). ``(c) Contents.--A response by the Administrator under subsection (b) shall include-- ``(1) a restatement of the recommendation to which the response is directed; ``(2) the Administrator's analysis of the recommendation; ``(3) if the Administrator intends to implement the recommendation, a detailed schedule for implementation; and ``(4) if the Administrator does not concur in the recommendation, a statement explaining the reasons for such nonconcurrence. ``(d) Publication.--Not later than 90 days after the Administrator's receipt of a recommendation under subsection (a), each response by the Administrator under this section shall be posted on the internet website of the Federal Aviation Administration.''. (b) Conforming Amendment.--Section 106(p)(1) is amended by striking the period at the end and adding ``, except as provided in section 40131.''. SEC. 5. AIR TRAFFIC CONTROL FACILITY MODERNIZATION AND SUSTAINMENT. (a) Facility Modernization and Sustainment.--Chapter 481 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 48115. Air traffic control facility modernization and sustainment ``(a) Modernization and Sustainment.--In any fiscal year between 2018 and 2030, in addition to amounts made available under section 48101, there is further authorized to be appropriated from the uncommitted balance of the Airport and Airway Trust Fund such sums as are necessary to bring any air traffic control facility of the Federal Aviation Administration into acceptable condition. ``(b) Consultation.--Before taking any action under subsection (a) to modernize or sustain air traffic control facilities of the Federal Aviation Administration, the Administrator shall consult with the exclusive bargaining representatives of air traffic controllers and airway transportation system specialists certified under section 7111 of title 5, United States Code.''. (b) Clerical Amendment.--The analysis for chapter 481 of title 49, United States Code, is amended by inserting after the item relating to section 48114 the following: ``48115. Air traffic control facility modernization and sustainment.''. SEC. 6. ACQUISITION REFORM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and implement a revised system governing all of the Administration's acquisitions, including services, facilities, equipment, and real, personal, and intellectual property. (b) Streamlined Process.--The system revised under subsection (a) shall take advantage of the independence already provided by Congress from all acquisition and acquisition-related laws to further streamline processes for acquisitions that substantially improve the flexibility and cost effectiveness of the Administration's acquisitions process. Notwithstanding any other provision of law, the only rules, policies, and procedures that shall govern or affect this system are those promulgated by the Administrator. (c) Design of System.--The system revised under subsection (a) shall, at minimum-- (1) account for the complexity and multiple stages of acquisitions of interdependent systems that constitute the Next Generation Air Transportation System; (2) include measures for appropriate program managers to verify the readiness of software-intensive programs prior to acceptance; (3) include measures for the Administrator to identify and implement cost reductions across the Administration according to such timelines and metrics as the Administrator shall identify; (4) include measures for the Administrator to reliably estimate the cost of each segment with respect to each acquisition, along with reliable estimates of all costs that are reasonably expected to be incurred as a result of such acquisition; and (5) incorporate private-sector best practices for major capital investments in information technology, telecommunications, and other relevant systems. (d) Evaluation.--In carrying out subsection (a), the Administrator shall ensure that any requirement or provision of the acquisition management system of the Administration in effect on the day before the date of enactment of this Act-- (1) is necessary to promote transparency, accountability, and cost effectiveness; (2) shall not materially affect the Administration's ability to reduce costs associated with acquisitions programs; (3) is necessary to protect the interests of the Administration in any potential claim or defense in litigation arising from an acquisition; or (4) is necessary to provide for the continuity of one or more acquisition programs. (e) Acquisition of Services.--In developing a revised system governing the Administration's acquisitions under subsection (a), the Administrator shall consult with the exclusive bargaining representative of airway transportation system specialists certified under section 7111 of title 5, United States Code, before taking any action related to services acquisition. (f) Report to Congress.--Not later than 12 months after revising the system required under subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the revised process. SEC. 7. PERSONNEL REFORM. (a) Reform of Personnel Management System.--Not later than 1 year after completion of the review required under subsection (b), the Administrator of the Federal Aviation Administration shall make changes to the personnel management system developed under section 40122(g) of title 49, United States Code, to improve the productivity, cost effectiveness, and technical proficiency of that part of the Administration's workforce that is not represented by an exclusive representative recognized under section 7111 of title 5, United States Code, or eligible to be represented by such a labor organization. The changes required under this subsection shall include new performance incentive policies, including awards for performance, and shall, notwithstanding any other provision of law, include procedures for the Administration to take expedited personnel actions with respect to employees not covered by valid collective bargaining agreements. In no instance may the changes implemented under this subsection alter or otherwise affect the terms and conditions of employment of any employee represented or eligible to be represented by an exclusive representative recognized under section 7111 of title 5, United States Code. (b) Review.--Not later than 6 months after the date of enactment of this Act, the Administrator shall conduct a comprehensive review of the legal requirements, including policies, standards, rules, and orders of the Administration, pertaining to the Administration's personnel management system, except to the extent that such requirements may affect or relate to the terms and conditions of employment or dispute resolution processes governing employees who are represented or eligible to be represented by an exclusive bargaining representative recognized under section 7111 of title 5, United States Code. This review shall identify-- (1) any requirements that do not substantially contribute to the system's cost effectiveness, administrative flexibility, and transparency; (2) any requirement not related to maintaining collective bargaining and due process; (3) any requirements not reasonably related to the Administration's efforts to maintain a strong, mutually beneficial relationship between employees and management of the Administration; and (4) any requirements with respect to personnel management that the Administration applies through circulars, guidance, or other documents issued by the Office of Management and Budget or the Office of Personnel Management. (c) Report.--Not later than 6 months after completion of the review required in subsection (b), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review. (d) Air Traffic Controller Staffing.-- (1) Staffing report.--Section 44506(e) of title 49, United States Code, is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: ``(2) for each facility in the system, the current certified professional controller staffing levels, the operational staffing targets for certified professional controllers, and the anticipated certified professional controller attrition for each of the next 3 years;''. (2) Staffing standard.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, shall jointly develop a staffing standard to determine the number of certified professional controllers and trainees needed to operate each air traffic control facility operated by the Administration. Once developed, this standard shall be used for the staffing report referenced in section 44506(e) of title 49, United States Code. (e) Airway Transportation System Specialist Staffing Models.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall implement, after consultation with the National Academy of Sciences, and notwithstanding section 7106(b)(1) of title 5, United States Code, after negotiations with the exclusive bargaining representative of airway transportation system specialists certified under section 7111 of title 5, United States Code, appropriate airway transportation system specialists staffing levels for each of the Administration's facilities that support the National Airspace System. If the Administrator and the exclusive bargaining representative are unable to reach agreement, they shall use the process set forth in clauses (i) through (v) and (vii) of section 40122(a)(2)(C) of title 49, United States Code, to resolve the dispute. (2) Airway transportation system specialists placement.-- Upon determination of staffing levels under paragraph (1), and notwithstanding section 7106(b)(1) of title 5, United States Code, the Administrator shall negotiate with the exclusive bargaining representative of airway transportation system specialists certified under section 7111 of title 5, United States Code, to develop and implement measures to place airway transportation system specialists at all relevant facilities of the Administration. If the Administrator and the exclusive bargaining representative are unable to reach agreement, they shall use the process set forth in clauses (i) through (v) and (vii) of section 40122(a)(2)(C) of title 49, United States Code, to resolve the dispute. (3) Aviation safety inspectors.--Notwithstanding section 7106(b)(1) of title 5, United States Code, the Administrator shall negotiate with the exclusive bargaining representative of aviation safety inspectors certified under section 7111 of title 5, United States Code, regarding appropriate total staffing levels for aviation inspectors and facilities that support inspection activities of the Administration. If the Administrator and the exclusive bargaining representative are unable to reach agreement, they shall use the process set forth in clauses (i) through (v) and (vii) of section 40122(a)(2)(C) of title 49, United States Code, to resolve the dispute. Any agreement or award shall include a plan to implement such staffing levels. SEC. 8. ANTI-SILOS REQUIREMENT. (a) Organizational Streamlining.--The Administrator shall take appropriate measures, including development of internal policies and procedures, to organize the Administration's assignments of personnel in a manner that facilitates open communication and collaboration among the Administration's employees across the Administration's lines of business and offices. Such measures shall promote the cross-utilization of employees whenever feasible to leverage the employees' knowledge and skill sets across disciplines. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the measures required under subsection (a) and the effectiveness of such measures in reducing organizational barriers and stovepipes. SEC. 9. AIR TRAFFIC EMPLOYEES ASSIGNED TO GUAM. (a) Services for Certain Employees.--The Secretary of Defense shall provide military medical treatment facilities, commissary, and exchange access to employees of the Federal Aviation Administration assigned to Guam, their spouses, and their dependent children through the Defense Enrollment Eligibility Reporting System and the Real Time Automated Personnel Identification System. (b) Reimbursement for Expenses.--The Administrator of the Federal Aviation Administration shall reimburse the Secretary of Defense for expenses incurred by the Department of Defense for enrollment of Federal Aviation Administration employees, their spouses, and their dependent children for services provided under subsection (a). SEC. 10. TECHNICAL REVISIONS. Section 40122(g)(2) of title 49, United States Code, is amended-- (1) in subparagraph (A), by-- (A) striking ``(b)'' after ``2302''; and (B) inserting ``prohibited personnel practices and'' before ``whistleblower protection''; (2) in subparagraph (B), by-- (A) inserting ``3304,'' before ``3308-3320,''; and (B) inserting ``3330a, 3330b, 3330c, and 3330d,'' before ``relating to veterans' preference;''; (3) in subparagraph (I)(iii) by striking ``and'' at the end; (4) in subparagraph (J) by striking ``leave.'' and inserting ``leave; and''; and (5) by inserting at the end the following: ``(K) section 5596 relating to back pay due to unjustified personnel action.''.
Aviation Funding Stability Act This bill requires that, beginning October 1, 2017, receipts and disbursements of the Airport and Airway Trust Fund shall not be subject to: (1) any sequestration order; (2) apportionment; (3) appropriation; and (4) any legal requirement, directive, or other provision of law of or related to the Office of Management and Budget (OMB). The bill authorizes funding for the Federal Aviation Administration Operations account. The Federal Aviation Administration (FAA) shall be exempt from any order or other requirement of the OMB. The Federal Aviation Management Advisory Council shall assess the performance of the air traffic control system and the FAA's policy and strategic decisions regarding the system's operation and modernization, and make recommendations. In any fiscal year between 2018 and 2030, there is authorized to be appropriated from the trust fund such sums as necessary to bring any air traffic control facility of the FAA into acceptable condition. The FAA shall: (1) develop and implement a revised system governing all of its acquisitions, including incorporating private-sector best practices for major capital investments in information technology and telecommunications; (2) make changes to its personnel management system to improve the productivity, cost effectiveness, and technical proficiency of that part of its workforce not represented by a labor organization; (3) jointly develop a staffing standard with the exclusive bargaining representative of air traffic controllers; and (4) develop internal policies and procedures to organize personnel assignments in a manner that facilitates open communication and collaboration.
Aviation Funding Stability Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Efficiency Act of 2006''. SEC. 2. ESTABLISHMENT OF FEDERAL REVIEW COMMISSIONS. (a) In General.--Part I of title 5, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 10--FEDERAL REVIEW COMMISSIONS ``Sec. ``1001. Establishment of Federal Review Commissions. ``1002. Expedited Congressional consideration of Federal Review Commission recommendations. ``1003. Schedule for review of all Federal agencies and programs. ``1004. Administrative matters. ``Sec. 1001. Establishment of Federal Review Commissions ``(a) In General.--A Federal Review Commission may be established in accordance with this section with respect to a specific aspect of Federal programs and agencies for purposes of reviewing and making recommendations on how to improve the operations, effectiveness, and efficiency of such Federal programs and agencies in order to determine whether a reorganization, consolidation, abolishment, expansion, or transfer of existing Federal programs and agencies is necessary to carry out any policy set forth in section 901(a) of this title. ``(b) Method of Establishment.--A Federal Review Commission may be established under subsection (a) only through the issuance of an executive order or the enactment of a joint resolution that-- ``(1) describes the Federal programs and agencies to be reviewed by the Commission; and ``(2) provides that the Commission shall be subject to the requirements of, and have the powers and authorities under, this section. ``(c) Commencement of Operations.--Each Federal Review Commission shall commence operations within 1 month after the establishment of the Commission under subsection (a). ``(d) Duties of Federal Review Commissions.-- ``(1) Review of programs and agencies.--In reviewing Federal programs and agencies, a Federal Review Commission established under this section shall consider-- ``(A) whether the missions and goals of the programs and agencies studied by the Commission are being carried out as effectively and efficiently as possible; ``(B) the extent to which the programs or agencies duplicate or conflict with other Federal agencies, State or local government, or the private sector; ``(C) whether a reorganization, consolidation, abolishment, expansion, or transfer of the programs and agencies reviewed by the Federal Review Commission would better enable the Federal government to accomplish its missions and goals; ``(D) with respect to existing rules promulgated by the agencies to carry out the programs-- ``(i) whether the agency has specific legislative authority to promulgate the rules and carry out the programs. ``(ii) whether the rules are being carried out as efficiently as possible; and ``(iii) the extent to which the rules duplicate or conflict with rules promulgated by other Federal agencies; and ``(E) whether the agency or program has operated or was authorized outside of an enumerated power under Article I of the Constitution of the United States or in any manner violates the separation of powers under the Constitution. ``(2) Submission to president of assessment and legislative proposal.--Not later than 1 year after the establishment of a Federal Review Commission under this section, the Commission shall submit to the President-- ``(A) the Commission's assessment of the operations, effectiveness, and efficiency of the Federal programs and agencies reviewed by the Commission; and ``(B) a legislative proposal, if appropriate, to reorganize, consolidate, abolish, expand, or transfer the Federal programs and agencies reviewed by the Commission. ``(e) Transmission to Congress of Assessment and Legislative Proposal.--Not later than 30 days after submission to the President of an assessment and legislative proposal (if any) by a Federal Review Commission, the President shall transmit to Congress the assessment and any legislative proposal, along with the President's recommendations regarding the assessment and proposal. ``(f) Membership.-- ``(1) Number and appointment.-- ``(A) In general.--Each Federal Review Commission shall be composed of 7 members appointed by the President as follows: ``(i) One in consultation with the Speaker of the House of Representatives. ``(ii) One in consultation with the minority leader of the House of Representatives. ``(iii) One in consultation with the majority leader of the Senate. ``(iv) One in consultation with the minority leader of the Senate. ``(v) Three other members. ``(B) Ex officio members.--The President may appoint up to four Members of Congress (up to 2 from each House) as nonvoting ex officio members of a Federal Review Commission. ``(2) Qualifications.--All members appointed by the President to serve on a Federal Review Commission shall have expertise and experience in the particular programmatic area that the Federal Review Commission is established to review. ``(3) Terms.-- ``(A) In general.--Each member of a Federal Review Commission shall be appointed for the life of the Commission. ``(B) Vacancies.--Any vacancy on a Federal Review Commission shall be filled in the same manner as the original appointment. ``(4) Basic pay.-- ``(A) Rates of pay.--Members of a Federal Review Commission shall serve without pay. ``(B) Travel expenses.--Each member of a Federal Review Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(5) Quorum.--Four members of a Federal Review Commission shall constitute a quorum but a lesser number may hold hearings. ``(6) Chairman and vice chairman.--The President shall designate one member of each Federal Review Commission to serve as Chairman and one as Vice Chairman. ``(g) Director and Staff.-- ``(1) Director.--Each Federal Review Commission shall have a Director who shall be appointed by the Chairman without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Director shall be paid at a rate not to exceed the rate of basic pay for level II of the Executive Schedule. ``(2) Staff.--The Director of a Federal Review Commission may appoint and fix the pay of additional personnel as the Director considers appropriate, in accordance with section 3161 of title 5, United States Code. ``(3) Applicability of certain civil service laws.--The Director and any staff of each Federal Review Commission shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. ``(4) Procurement of temporary and intermittent services.-- The Chairman of each Federal Review Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay for Level II of the Executive Schedule. ``(5) Staff of federal agencies.--Upon request of the Chairman of a Federal Review Commission, the head of any Federal department or agency may detail, on reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties. ``(h) Powers of Commission.-- ``(1) Hearings and sessions.--Each Federal Review Commission may, for the purpose of carrying out its duties, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. ``(2) Obtaining official data.--Each Federal Review Commission may secure directly from any Federal department or agency information necessary to enable it to carry out its duties. Upon request of the Chairman of a Commission, the head of that department or agency shall furnish that information to the Commission. ``(3) Postal and printing services.--Each Federal Review Commission may use the United States mail and obtain printing and binding services in the same manner and under the same conditions as other Federal departments and agencies. ``(4) Administrative support services.--Upon the request of a Federal Review Commission, the Administrator of General Services shall provide to the Federal Review Commission, on a reimbursable basis, the administrative support services necessary for the Federal Review Commission to carry out its duties. ``(i) Authorization of Appropriations.--Such sums as may be necessary are authorized to be appropriated for the purposes of carrying out the duties of each Federal Review Commission. Such funds shall remain available until expended. ``(j) Termination.--Each Federal Review Commission shall terminate 90 days after the date on which the Commission submits the assessment and legislative proposal (if any) under subsection (d) ``(k) Definition.--In this section, the term `agency' has the meaning provided in section 902(1) of this title. ``Sec. 1002. Expedited Congressional consideration of Federal Review Commission recommendations ``(a) Introduction of Resolution.--The majority leader of each House or his designee shall introduce a joint resolution as defined in subsection (d) not later than the fifth day of session of that House after the date of receipt of a legislative proposal transmitted from the President to Congress under section 1001(e) of this title. ``(b) Consideration in the House of Representatives.-- ``(1) Referral and reporting.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House not later than 30 legislative days after the date of its introduction. If a committee fails to report the joint resolution within that period, it shall be in order to move that the House discharge the committee from further consideration of the joint resolution. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Notice of such intention may not be given on an anticipatory basis. Such a motion shall not be in order after the last committee authorized to consider the joint resolution reports it to the House or after the House has disposed of a motion to discharge a joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(2) Proceeding to consideration.--After each committee authorized to consider a joint resolution favorably reports it to the House without amendment or has been discharged from its consideration, it shall be in order to move to proceed to consider the joint resolution in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Notice of such intention may not be given on an anticipatory basis. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(3) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except ten hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint resolution. The joint resolution shall not be subject to amendment. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(c) Consideration in the Senate.--[Language to be provided.] ``(d) Definition.--In this section the term `joint resolution' means only a joint resolution-- ``(1) which does not have a preamble; ``(2) the title of which is as follows: `Joint resolution relating to the legislative proposal prepared by the Federal Review Commission established on ___, 20__.', the blank spaces being filled in with the appropriate date; ``(3) the matter after the resolving clause of which is as follows: `That Congress approves the legislative proposal prepared by a Federal Review Commission and transmitted to Congress by the President on ___, 20__ .', the blank spaces being filled in with the appropriate date; and ``(4) the remaining text of which consists of the legislative proposal prepared by the Federal Review Commission concerned and transmitted to Congress by the President. ``(e) Rules of Senate and House of Representatives on Federal Review Commission Recommendations.--This section is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions with respect to any legislative proposal transmitted to Congress (in accordance with section 1001) after the date of enactment of this section; and they supersede other rules only to the extent that they are inconsistent therewith; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. ``Sec. 1003. Schedule for review of all Federal agencies and programs ``(a) Schedule for Review.--Not later than one year after the date of the enactment of this chapter, the President shall submit to Congress a schedule under which Federal Review Commissions shall be established to review all Federal agencies and programs in order to accomplish the goals of the policy set forth in section 901(a) of this title. ``(b) Review of Agencies Performing Related Functions.--In developing a schedule pursuant to subsection (a), the President shall provide that agencies that perform similar or related functions be reviewed at or near the same time. ``Sec. 1004. Administrative matters ``(a) Relocation of Federal Employees.--If the position of an employee of an agency is eliminated as a result of a reorganization, consolidation, abolishment, expansion, or transfer of existing Federal programs or agencies pursuant to this chapter, the affected agency shall make a reasonable effort to relocate such employee to a position within another agency. ``(b) Deficit Reduction.-- ``(1) Deficit reduction.--Any reduction in amounts of discretionary budget authority or direct spending resulting from enactment of legislation pursuant to this chapter shall be dedicated only to deficit reduction and shall not be used as an offset for other spending increases. ``(2) Adjustments to committee allocations.--Not later than 5 days after the enactment of legislation pursuant to this chapter, the chairmen of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 302(a) of the Congressional Budget Act of 1974 to reflect the reduction in discretionary budget authority or direct spending, and the appropriate committees shall report revised allocations pursuant to section 302(b) of the Congressional Budget Act of 1974, as appropriate. ``(3) Adjustments to caps.--After the enactment of legislation pursuant to this chapter, the Director of the Office of Management and Budget shall revise applicable limits under the Balanced Budget and Emergency Deficit Control Act, as appropriate.''. (b) Conforming Amendment.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 9 the following: ``10. Federal Review Commissions............................ 1001''.
Government Efficiency Act of 2006 - Authorizes the establishment of Federal Review Commissions with respect to specific aspects of federal programs and agencies. Requires a Commission to review and make recommendations on how to improve the operations, effectiveness, and efficiency of such federal programs and agencies in order to determine whether a reorganization, consolidation, abolishment, expansion, or transfer (reorganization) of existing federal programs and agencies is necessary to carry out any U.S. policy for promoting more effective management of the executive branch. Permits establishment of a Commission only through the issuance of an executive order or the enactment of a joint resolution that: (1) describes the federal programs and agencies to be reviewed; and (2) grants the Commission powers and authorities specified by, and subjects it to the requirements of, this Act. Requires a Commission, in reviewing federal programs and agencies, to consider: (1) whether agency missions and goals are being carried out as effectively and as efficiently as possible; (2) any program or agency duplication or conflict with other federal or state agencies, or the private sector; (3) whether a reorganization would better enable the federal government to accomplish its missions and goals; (4) existing rules, any specific legislative authority to promulgate them and carry out related programs, the efficiency of rules implementation, and the extent to which rules duplicate or conflict with those of other federal agencies; and (5) whether the agency or program has operated or was authorized outside of an enumerated power under Article I of the Constitution, or in any manner violates the separation of powers under the Constitution. Requires a Commission to submit to the President: (1) an assessment of the operations, effectiveness, and efficiency of the federal programs and agencies reviewed; and (2) a legislative proposal, if appropriate, to reorganize, consolidate, abolish, expand, or transfer such programs and agencies. Requires the President to transmit to Congress the assessment and legislative proposal, if any, along with the President's recommendations. Sets forth requirements for the composition and powers of a Commission. Authorizes appropriations. Provides for expedited congressional consideration of Federal Review Commission recommendations. Directs the President to submit to Congress a schedule for establishment of Federal Review Commissions.
To provide for the establishment of Federal Review Commissions to review and make recommendations on improving the operations, effectiveness, and efficiency of Federal programs and agencies, and to require a schedule for such reviews of all Federal agencies and programs.
SECTION. 1. SHORT TITLE. This Act may be cited as the ``Chacoan Outliers Protection Act of 1995''. SEC. 2. PURPOSES. Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended by striking ``San Juan Basin;'' and inserting ``San Juan Basin and surrounding areas;''. SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEOLOGICAL PROTECTION SITES. Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is amended to read as follows: ``(b)(1) Thirty-nine outlying sites as generally depicted on a map entitled `Chaco Culture Archeological Protection Sites', numbered 310/ 80,033-B and dated September 1991, are designated as `Chaco Culture Archeological Protection Sites'. The 39 archeological protection sites totaling approximately 14,372 acres are identified as follows: ``Name: Acres: Allentown..................................... 380 Andrews Ranch................................. 950 Bee Burrow.................................... 480 Bisa'ani...................................... 131 Casa del Rio.................................. 40 Casamero...................................... 160 Chimney Rock.................................. 3,160 Coolidge...................................... 450 Dalton Pass................................... 135 Dittert....................................... 480 Great Bend.................................... 26 Greenlee Ruin................................. 60 Grey Hill Spring.............................. 23 Guadalupe..................................... 115 Halfway House................................. 40 Haystack...................................... 565 Hogback....................................... 453 Indian Creek.................................. 100 Jaquez........................................ 66 Kin Nizhoni................................... 726 Lake Valley................................... 30 Manuelito-Atsee Nitsaa........................ 60 Manuelito-Kin Hochoi.......................... 116 Morris 41..................................... 85 Muddy Water................................... 1,090 Navajo Springs................................ 260 Newcomb....................................... 50 Peach Springs................................. 1,046 Pierre's Site................................. 440 Raton Well.................................... 23 Salmon Ruin................................... 5 San Mateo..................................... 61 Sanostee...................................... 1,565 Section 8..................................... 10 Skunk Springs/Crumbled House.................. 533 Standing Rock................................. 348 Toh-la-kai.................................... 10 Twin Angeles.................................. 40 Upper Kin Klizhin............................. 60. ``(2) The map referred to in paragraph (1) shall be-- ``(A) kept on file and available for public inspection in-- ``(i) appropriate offices of the National Park Service; ``(ii) the office of the State Director of the Bureau of Land Management in Santa Fe, New Mexico; and ``(iii) the office of the Area Director of the Bureau of Indian Affairs in Window Rock, Arizona; and ``(B) made available for the purposes described in subparagraph (A) to the offices of the Arizona and New Mexico State Historic Preservation Officers.''. SEC. 4. DEFINITION. Section 503 of Public Law 96-550 (16 U.S.C. 410ii-2) is amended by inserting ``(referred to in this title as the `Secretary')'' after ``Secretary of the Interior''. SEC. 5. LAND ACQUISITIONS. Section 504(c)(2) of Public Law 96-550 (16 U.S.C. 410ii-3(c)(2)) is amended to read as follows: ``(2) The Secretary shall seek to use a combination of land acquisition authority under this section and cooperative agreements under section 505 to protect archeological resources at such sites described in section 502(b) as remain in private ownership.''. SEC. 6. ASSISTANCE TO THE NAVAJO NATION. Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by adding at the end the following new subsection: ``(f)(1) The Secretary, acting through the Director of the National Park Service, shall assist the Navajo Nation in the protection and management of such Chaco Culture Archeological Protection Sites as are located on lands under the jurisdiction of the Navajo Nation through a grant, contract, or cooperative agreement entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). ``(2) The assistance provided under paragraph (1) shall-- ``(A) consist of assistance in site planning, resource protection, interpretation, resource management actions, and such other activities as may be identified in the grant, contract, or cooperative agreement; and ``(B) include assistance with the development of a Navajo facility to serve persons who seek to appreciate the Chacoan Outlier Sites.''.
Chacoan Outliers Protection Act of 1995 - Designates eight new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Directs the Secretary of the Interior to: (1) use a combination of land acquisition authority and cooperative agreements to protect archeological resources at such sites as remain in private ownership; and (2) assist the Navajo Nation in the protection and management of such Sites as are located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Assistance Act.
Chacoan Outliers Protection Act of 1995
SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-phishing Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) American society is increasingly dependent on the Internet for communications, entertainment, commerce, and banking. (2) For the Internet to reach its full potential in these and other respects, it must continue to be a trustworthy medium. This means, for example, that Internet users should be able to trust the stated origin of Internet communications and the stated destination of Internet hyperlinks. (3) Internet users are increasingly subjected to scams based on misleading or false communications that trick the user into sending money, or trick the user into revealing enough information to enable various forms of identify theft that result in financial loss. (4) One class of such scams, called ``phishing'', uses false e-mail return addresses, stolen graphics, stylistic imitation, misleading or disguised hyperlinks, so-called ``social engineering'', and other artifices to trick users into revealing personally identifiable information. After obtaining this information, the ``phisher'' then uses the information to create unlawful identification documents and/or to unlawfully obtain money or property. (5) These crimes victimize not only the individuals whose information is stolen, but the entire online community, including millions of people who rely on the integrity of the Internet's system of addresses and hyperlinks. SEC. 3. CRIMINAL OFFENSE. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1351. Internet fraud ``(a) Website.--Whoever knowingly, with the intent to carry on any activity which would be a Federal or State crime of fraud or identity theft-- ``(1) creates or procures the creation of a website or domain name that represents itself as a legitimate online business, without the authority or approval of the registered owner of the actual website or domain name of the legitimate online business; and ``(2) uses that website or domain name to induce, request, ask, or solicit any person to transmit, submit, or provide any means of identification to another; shall be fined under this title or imprisoned up to five years, or both. ``(b) Messenger.--Whoever knowingly, with the intent to carry on any activity which would be a Federal or State crime of fraud or identity theft-- ``(1) falsely represents itself as being sent by a legitimate online business; ``(2) includes an Internet information location tool that refers or links users to an online location on the World Wide Web that falsely purports to belong to or be associated with such legitimate online business; and ``(3) induces, requests, asks, or solicits a recipient of the electronic mail message directly or indirectly to provide, submit, or relate any means of identification to another; shall be fined under this title or imprisoned up to five years, or both. ``(c) Definitions.--In this section: ``(1) The term `domain name' has the meaning given that term in section 46 of the Act entitled `An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes' (in this subsection referred to as the `Trademark Act of 1946') (15 U.S.C. 1127). ``(2) The term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1)). ``(3) The term `electronic mail message' has the meaning given that term in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702). ``(4) The term `initiate' has the meaning given that term in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702). ``(5) The term `procure' means intentionally to pay or provide consideration to, or induce, another person to create a website or domain name. ``(6) The term `recipient' has the meaning given that term in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702). ``(7) The term `Internet information location tool' when used in this section has the meaning given that term in section 231 of the Communications Act of 1934 (47 U.S.C. 231). ``(8) The term `means of identification' when used in this section has the meaning given that term in section 1028 of this title.''. (b) Chapter Analysis.--The chapter analysis for chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``1351. Internet fraud''.
Anti-phishing Act of 2004 - Amends the Federal criminal code to criminalize Internet scams involving fraudulently obtaining personal information (phishing). Imposes a fine or imprisonment for up to five years, or both, for a person who knowingly and with the intent to engage in an activity constituting fraud or identity theft under Federal or State law: (1) creates or procures the creation of a website or domain name that represents itself as a legitimate online business without the authority or approval of the registered owner of such business; and (2) uses that website or domain name to solicit means of identification from any person. Imposes a fine or imprisonment for up to five years, or both, for a person who knowingly and with the intent to engage in activity constituting fraud or identity theft under Federal or State law: (1) falsely represents itself as being sent by a legitimate online business; (2) includes an Internet location tool referring or linking users to an online location on the World Wide Web that falsely purports to belong to or be associated with a legitimate online business; and (3) solicits means of identification from the recipient.
A bill to criminalize Internet scams involving fraudulently obtaining personal information, commonly known as phishing.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Elections and Political Accountability Act''. SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN CONTRIBUTIONS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) The limitations established under this subsection shall not apply to contributions made during calendar years beginning after 1998.''. SEC. 3. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS; LOWERING THRESHOLD FOR COLLECTION AND DISCLOSURE OF IDENTIFICATION OF CONTRIBUTORS. (a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking ``permit reports required by'' and inserting ``require reports under''. (b) Requiring Reports for Certain Contributions Made to Any Political Committee Within 60 Days of Election; Requiring Reports To Be Made Within 48 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended to read as follows: ``(6)(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution in an aggregate amount equal to or greater than $100 which is received by the committee during the period which begins on the 60th day before an election and ends at the time the polls close for such election. This notification shall be made not later than midnight of the day on which the contribution is deposited (but in no event later than 48 hours after receipt) and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution. ``(B) If a political committee returns a contribution for which notification is made under subparagraph (A), the committee shall notify the Secretary or the Commission, and the Secretary of State (as appropriate). ``(C) The notifications required under this paragraph shall be in addition to all other reporting requirements under this Act.''. (c) Increasing Electronic Disclosure.--Section 304 of such Act (2 U.S.C. 434(a)) is amended by adding at the end the following new subsection: ``(d)(1) The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. ``(2) In this subsection, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. (d) Lowering Threshold for Collection and Disclosure of Identification of Contributors.-- (1) Reporting requirements.--Section 304(b)(3) of such Act (2 U.S.C. 434(b)(3)) is amended-- (A) in subparagraph (A), by striking ``whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year, or in any lesser amount if the reporting committee should so elect,''; and (B) in subparagraphs (F) and (G), by striking ``in an aggregate amount or value in excess of $200'' each place it appears. (2) Information required to be forwarded to political committees.--Section 302(b) of such Act (2 U.S.C. 432(b)) is amended-- (A) in paragraph (1), by striking ``and if the amount of the contribution is in excess of $50'' and inserting ``together with''; and (B) in paragraph (2), by striking ``shall--'' and all that follows and inserting the following: ``shall forward to the treasurer such contribution, the name and address of the person making the contribution, and the date of receipt of the contribution, no later than 10 days after receiving the contribution.''. (3) Information required to be kept by political committees.--Section 302(c) of such Act (2 U.S.C. 432(c)) is amended-- (A) by striking paragraph (2); and (B) in paragraph (3), by striking ``or contributions aggregating more than $200''. (e) Effective Date.--The amendment made by this section shall apply with respect to reports for periods beginning on or after January 1, 1999. SEC. 4. PROHIBITING CONTRIBUTIONS BY FOREIGN NATIONALS AND INDIVIDUALS NOT QUALIFIED TO REGISTER TO VOTE IN FEDERAL ELECTIONS. (a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended to read as follows: ``contributions by foreign nationals and individuals not qualified to register to vote in federal elections ``Sec. 319. (a) Foreign Nationals.-- ``(1) In general.--It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national. ``(2) Definition.--As used in this subsection, the term `foreign national' means a foreign principal, as defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)). ``(b) Individuals Not Qualified to Register to Vote in Federal Elections.-- ``(1) Prohibiting contributions.--It shall be unlawful for any individual who is not qualified to register to vote in an election for Federal office directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office. ``(2) Prohibiting solicitation or acceptance of contributions.--It shall be unlawful for any person to knowingly solicit, accept, or receive any contribution of money or other thing of value from an individual who is not qualified to register to vote in an election for Federal office.''. (b) Effective Date.--The amendments made by this section shall apply with respect to elections occurring after January 1999. SEC. 5. FUNDING OF POLITICAL ACTIVITIES BY CORPORATIONS AND LABOR ORGANIZATIONS. (a) Prohibiting Donation of Funds to Political Parties.-- (1) In general.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1) No national bank, corporation, or labor organization described in this section may make any payment of any gift, subscription, loan, advance, or deposit of money or anything of value to any political committee established and maintained by a political party (including a congressional campaign committee of a political party) in support of the committee's activities. ``(2) Paragraph (1) shall not apply to a contribution or expenditure made by a separate segregated fund of a corporation or labor organization described in subsection (b)(2)(C).''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to elections occurring after January 1999. (b) Prohibiting Involuntary Assessment of Employee Funds for Political Activities.-- (1) In general.--Section 316 of such Act (2 U.S.C. 441b), as amended by subsection (a), is further amended by adding at the end the following new subsection: ``(d)(1) Except with the separate, prior, written, voluntary authorization of the individual involved, it shall be unlawful-- ``(A) for any national bank or corporation described in this section to collect from or assess its stockholders any dues, initiation fee, or other payment, or collect from or assess its employees any dues, initiation fee, or other payment as a condition of employment, if any part of such dues, fee, or payment will be used for Federal campaign activity in which the national bank or corporation is engaged; and ``(B) for any labor organization described in this section to collect from or assess its members or nonmembers any dues, initiation fee, or other payment if any part of such dues, fee, or payment will be used for Federal campaign activity in which the labor organization is engaged. ``(2) An authorization described in paragraph (1) shall remain in effect until revoked and may be revoked at any time. Each entity collecting from or assessing amounts from an individual with an authorization in effect under such paragraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(3) For purposes of this subsection, the term `Federal campaign activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office or educating individuals about candidates for election for Federal office, except that such term does not include the making of any communication provided by a corporation to its employees and their families or by a labor organization to its members and their families on any subject.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. SEC. 6. PROHIBITING CONTRIBUTIONS DURING SIX MONTHS FOLLOWING GENERAL ELECTION. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``prohibiting contributions during six months following general election ``Sec. 323. (a) In General.--No person may make any contribution with respect to an election for Federal office to any political committee of a candidate for election for such office during the 180- day period which begins on the date of the previous regularly scheduled general election for such office, unless the election is a runoff or special election. ``(b) Exception for Contributions in Connection With Expenses of Previous Election.--Subsection (a) shall not apply with respect to a contribution made solely in connection with the expenses of an election held prior to the date on which the contribution is made.''. (b) Effective Date.--The amendments made by this section shall apply with respect to elections occurring after January 1999. SEC. 7. INCREASE IN AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL ELECTION COMMISSION. Section 314 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439c) is amended by adding at the end the following new sentence: ``There are authorized to be appropriated to the Commission $60,000,000 for each of the fiscal years 1999, 2000, and 2001, of which not less than $28,350,000 shall be used during each such fiscal year for enforcement activities.''. SEC. 8. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW. (a) Mandatory Imprisonment for Criminal Conduct.--Section 309(d)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is amended-- (1) in the first sentence, by striking ``shall be fined, or imprisoned for not more than one year, or both'' and inserting ``shall be imprisoned for not fewer than 1 year and not more than 10 years''; and (2) by striking the second sentence. (b) Concurrent Authority of Attorney General to Bring Criminal Actions.--Section 309(d) of such Act (2 U.S.C. 437g(d)) is amended by adding at the end the following new paragraph: ``(4) In addition to the authority to bring cases referred pursuant to subsection (a)(5), the Attorney General may at any time bring a criminal action for a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall apply with respect to actions brought with respect to elections occurring after January 1999.
Fair Elections and Political Accountability Act - Amends the Federal Election Campaign Act of 1971 (FECA) to eliminate current limitations on Federal election campaign contributions after 1998. Requires (current law permits) electronic filing of FECA reports. Repeals reporting requirements for certain contributions received by authorized committees and replaces them with reporting requirements for certain contributions received by political committees. Directs the Federal Election Commission to make information contained in FECA reports submitted available on the Internet and publicly available at the Commission's offices within 24 hours after the information is received by the Commission. Eliminates thresholds for the disclosure of the identification of certain contributors. Repeals the requirement that political committees record the identification of any person who makes any contribution in excess of $50. Bans contributions from individuals not qualified to register to vote in Federal elections. Prohibits the funding of the political activities of national banks, corporations, and labor organizations, with the exception of contributions and expenditures made by separate segregated funds of corporations and labor organizations. Prohibits the involuntary assessment of: (1) stockholder and employee funds by national banks and corporations to be used for Federal campaign activities; and (2) member and nonmember funds by labor organizations to be used for Federal campaign activities. Prohibits contributions from being made to the political committees of candidates six months following a general election unless the election is a runoff or special election, with the exception of contributions made solely in connection with the expenses of the previous election. Authorizes appropriations for the Commission. Revises enforcement provisions to mandate and increase the period of time of imprisonment of any person who commits a violation of FECA involving any contribution or expenditure aggregating $2,000 or more. Permits the Attorney General, with respect to violations of the Act, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act, to bring a criminal action in addition to requiring payment of specified civil penalties.
Fair Elections and Political Accountability Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Chief Justice John Marshall Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) John Marshall served as the Chief Justice of the Supreme Court of the United States from 1801 to 1835, the longest tenure of any Chief Justice in the Nation's history; (2) Under Marshall's leadership, the Supreme Court expounded the fundamental principles of constitutional interpretation, including judicial review, and affirmed national supremacy, both of which served to secure the newly founded United States against dissolution; and (3) John Marshall's service to the nascent United States, not only as Chief Justice, but also as a soldier in the Revolutionary War, as a member of the Virginia Congress and the United States Congress, and as Secretary of State, makes him one of the most important figures in our Nation's history. SEC. 3. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the 250th anniversary of the birth of Chief Justice John Marshall, the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of Chief Justice John Marshall and his contributions to the United States. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2005''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts, and the Supreme Court Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2005. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2005. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to pre-paid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Supreme Court Historical Society for the purposes of-- (1) historical research about the Supreme Court and the Constitution of the United States and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving antiques, artifacts, and other historical items related to the Supreme Court and the Constitution of the United States and related topics. (c) Audits.--The Supreme Court Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Society under subsection (b). SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 3(a) shall result in no net cost to the Federal Government. (b) Payment for the Coins.--The Secretary may not sell a coin referred to in section 3(a) unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the Federal Government for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board. Passed the Senate November 21, 2003. Attest: EMILY J. REYNOLDS, Secretary.
Chief Justice John Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 400,000 silver one-ollar coins emblematic of Chief Justice John Marshall and his contributions to the United States in commemoration of the 250th anniversary of his birth. Directs that all sales of coins minted under this Act include a ten-dollar per coin surcharge, to be paid by the Secretary to the Supreme Court Historical Society for purposes of: (1) historical research about the Supreme Court, the Constitution, and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving related antiques, artifacts, and other historical items.
A bill to require the Secretary of the Treasury to mint coins in commemoration of Chief Justice John Marshall.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Oversight and Security at United States Missions Act of 2010''. SEC. 2. INCREASED OVERSIGHT OF PRIVATE SECURITY CONTRACTORS AT UNITED STATES MISSIONS IN AREAS OF COMBAT OPERATIONS. (a) Plan.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in collaboration with the Secretary of Defense, shall submit to Congress a plan to increase the oversight of private security contractors by United States Government security personnel at United States missions where the United States Armed Forces are engaged in combat operations to ensure that security functions are appropriately performed. (2) Content.-- (A) Objectives.--The plan required under paragraph (1) shall-- (i) determine an appropriate ratio of United States Government security personnel to private security contractors at United States missions where the United States Armed Forces are engaged in combat operations in a manner sufficient to-- (I) provide comprehensive oversight of the activities and performance of private security contractors at such missions; and (II) ensure that all such missions are safe and secure at all times; and (ii) establish applicable practices to ensure that an adequate number of United States Government security personnel are trained for, assigned to, and responsible for overseeing private security contractor personnel. (B) Improved oversight requirement.--The ratio determined under subparagraph (A)(i) shall increase the oversight of private security contractors by United States Government security personnel at United States missions where the United States Armed Forces are engaged in combat operations by-- (i) increasing the number of United States Government security personnel responsible for oversight of private security contractors; or (ii) decreasing the number of private security contractors performing security functions at such missions. (3) Implementation.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall implement the plan required under paragraph (1). (b) Periodic Review of Performance Functions.-- (1) In general.--The Secretary of State shall, in coordination with the heads of other appropriate agencies, periodically review the performance of private security functions at United States missions where the United States Armed Forces are engaged in combat operations to ensure that such functions are authorized and performed in a manner consistent with the requirements of this section. (2) Annual reports.--Not later than June 1 of each of 2011, 2012, 2013, 2014, and 2015, the Secretary shall submit to Congress a report on the results of the most recent performance review of private security functions at United States missions conducted under paragraph (1). Each such report shall include the following: (A) The number and type of United States Government security personnel assigned at each such mission. (B) The number and type of private security contractor employees assigned at each such mission. (C) The ratio of United States Government security personnel to private security contractor employees at each such mission. (D) The justification for the determination by the Secretary of State, in coordination with the Secretary of Defense, of the ratio of private security contractors to United States Government security personnel at each such mission. (E) The justification for the determination by the Secretary of State, in coordination with the Secretary of Defense, for any increase or decrease in the number of United States Government security personnel or private security contractors at each such mission. (F) The name of each private security contractor, a description of the specific activities being carried out by such contractor, and the total value of all payments by the Department of State to each contractor for such activities at each such mission. (G) An analysis of and justification for the determination that each specific activity listed in accordance with subparagraph (F) does not constitute an inherently governmental function. (H) A description of the training provided to United States Government security personnel performing oversight and management of private security contractors for each such United States mission. (I) A description of the responsibilities for United States Government security personnel at such missions charged with oversight and management responsibilities of private security contractors, and the justification for any determination of the need to provide such United States Government security personnel with other responsibilities in addition to oversight. (J) A certification whether the regulations prescribed pursuant to section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) with respect to private security contractors at such missions have been complied with. (c) United States Government Security Personnel Defined.--The term ``United States Government security personnel'' means any employees of the United States Government, including civilian employees and members of the United States Armed Forces, who are engaged in security or security oversight and management functions at United States missions. (d) Rule of Construction.--Nothing in this section shall be construed as authorizing the continued performance of any functions currently performed by private security contractors or to authorize the use of private security contractors for any inherently governmental function.
Enhancing Oversight and Security at United States Missions Act of 2010 - Directs the Secretary of State to submit a plan to Congress to increase oversight of private security contractors by U.S. government personnel at U.S. missions where the Armed Forces are engaged in combat operations in order to ensure that security functions are appropriately performed. Requires such plan to be implemented within 180 days after the enactment of this Act. Requires the Secretary to: (1) periodically review the performance of such contractors to ensure that security functions are performed in a manner that is consistent with plan requirements; and (2) report annually to Congress, in each of 2011 through 2015, on the results of the most recent performance review.
A bill to increase oversight of private security contractors and establish the proper ratio of United States Government security personnel to private security contractors at United States missions where the armed forces are engaged in combat operations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Electronic Voting Standards and Disclosure Act of 2005''. SEC. 2. REQUIREMENTS FOR SOFTWARE USED IN ELECTRONIC VOTING MACHINES IN FEDERAL ELECTIONS. (a) In General.--Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph: ``(7) Specific requirements for software used in electronic voting machines.--In addition to any other requirements under this subsection, a State or other jurisdiction may not use an electronic voting system in an election for Federal office unless-- ``(A) the manufacturer of the software used in the operation of the system has provided the State with an updated copy of the software used in the operation of the system; ``(B) not later than 30 days before the date of the election (and at least once on the date of the election) the State tests each type of voting machine used in the system to ensure that the software used in the operation of that type of machine is working correctly; and ``(C) the manufacturer of the software used in the operation of the system has provided the Commission with updated information regarding the identification of each individual who participated in the writing of the software, including specific information regarding whether the individual has ever been convicted of a crime involving fraud.''. (b) Deadline for Adoption of Voluntary Guidance by Commission.-- Section 311(b)(1) of such Act (42 U.S.C. 15501(b)(1)) is amended by striking ``January 1, 2004'' and inserting ``January 1, 2004 (or January 1, 2006, with respect to subsection (a)(7) of such section)''. SEC. 3. REQUIRING LABORATORIES TO MEET STANDARDS PROHIBITING CONFLICTS OF INTEREST AS CONDITION OF ACCREDITATION FOR TESTING OF VOTING SYSTEM HARDWARE AND SOFTWARE. (a) In General.--Section 231(b) of the Help America Vote Act of 2002 (42 U.S.C. 15371(b)) is amended by adding at the end the following new paragraph: ``(3) Prohibiting conflicts of interest.--A laboratory may not be accredited by the Commission for purposes of this section unless the laboratory meets such standards as the Commission may establish to prevent the existence or appearance of any conflict of interest in the testing, certification, decertification, and recertification carried out by the laboratory under this section, including standards to ensure that the laboratory does not have a financial interest in the manufacture, sale, and distribution of voting system hardware and software, and is sufficiently independent from other persons with such an interest.''. (b) Deadline for Establishment of Standards.--The Election Assistance Commission shall establish the standards described in section 231(b)(3) of the Help America Vote Act of 2002 (as added by subsection (a)) not later than January 1, 2006. SEC. 4. POSTING OF NOTICE OF AVAILABILITY OF ADMINISTRATIVE COMPLAINT PROCEDURES IN CASE OF FAILURE OF VOTING MACHINES. (a) Posting of Notice.--Section 303(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)) is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) information regarding the availability of the administrative complaint procedures for individuals who believe that a voting machine or other equipment used in the election is not working properly or who otherwise believe that a State or jurisdiction is not in compliance with the requirements of this Act;''. (b) Clarification of Standing Required for Filing Complaint.-- Section 402(a) of such Act (42 U.S.C. 15512(a)) is amended-- (1) in paragraph (2)(B), by inserting ``(subject to paragraph (3)'' after ``any person''; and (2) by adding at the end the following new paragraph: ``(3) Clarification of standing required for filing complaint relating to failure of voting machine or other equipment.--An individual may not file a complaint under this subsection with respect to an allegation that a voting machine or other equipment used in an election is not working properly unless the individual is eligible to cast a vote on or otherwise use the machine or equipment which is the subject of the complaint.''. SEC. 5. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office in November 2006 and each subsequent election for Federal office.
Improving Electronic Voting Standards and Disclosure Act of 2005 - Amends the Help America Vote Act of 2002 to: (1) establish specific requirements for software used in electronic voting machines in Federal elections; (2) prohibit Election Assistance Commission accreditation of a laboratory unless it meets standards the Commission may establish to prevent the existence or appearance of any conflict of interest in the testing of voting system hardware and software; (3) require the posting of notice of the availability of administrative complaint procedures for individuals who believe that a voting machine or other equipment used in the election is not working properly, or who otherwise believe that a State or jurisdiction is not in compliance with the requirements of this Act; and (4) prohibit an individual from filing a complaint with respect to an allegation that a voting machine or other equipment used in an election is not working properly unless the individual is eligible to cast a vote on or otherwise use the machine or equipment which is the subject of the complaint.
To amend the Help America Vote Act of 2002 to require the software used in the operation of an electronic voting machine to meet certain requirements as a condition of the use of the machine in elections for Federal office, and for other purposes.
SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Court Security Improvement Act of 2005''. SEC. 2. JUDICIAL BRANCH SECURITY REQUIREMENTS. (a) Ensuring Consultation and Coordination With the Judiciary.-- Section 566 of title 28, United States Code, is amended by adding at the end the following: ``(i) The Director of the United States Marshals Service shall consult and coordinate with the Judicial Conference of the United States on a continuing basis regarding the security requirements for the judicial branch of the United States Government.''. (b) Conforming Amendment.--Section 331 of title 28, United States Code, is amended by adding at the end the following: ``The Judicial Conference shall consult and coordinate with the Director of United States Marshals Service on a continuing basis regarding the security requirements for the judicial branch of the United States Government.''. SEC. 3. PROTECTION OF FAMILY MEMBERS. Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (A), by inserting ``or a family member of that individual'' after ``that individual''; and (2) in subparagraph (B)(i), by inserting ``or a family member of that individual'' after ``the report''. SEC. 4. EXTENSION OF SUNSET PROVISION. Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App) is amended by striking ``2005'' each place that term appears and inserting ``2009''. SEC. 5. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT OFFICERS. (a) Offense.--Chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1521. Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title ``(a) Whoever files or attempts to file, in any public record or in any private record which is generally available to the public, any false lien or encumbrance against the real or personal property of a Federal judge or a Federal law enforcement official, on account of the performance of official duties by that Federal judge or Federal law enforcement official, knowing or having reason to know that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, shall be fined under this title or imprisoned for not more than 10 years, or both. ``(b) As used in this section-- ``(1) the term `Federal judge' means a justice or judge of the United States as defined in section 451 of title 28, United States Code, a judge of the United States Court of Federal Claims, a United States bankruptcy judge, a United States magistrate judge, and a judge of the United States Court of Appeals for the Armed Forces, United States Court of Appeals for Veterans Claims, United States Tax Court, District Court of Guam, District Court of the Northern Mariana Islands, or District Court of the Virgin Islands; and ``(2) the term `Federal law enforcement officer' has the meaning given that term in section 115 of this title and includes an attorney who is an officer or employee of the United States in the executive branch of the Government.''. (b) Clerical Amendment.--The chapter analysis for chapter 73 of title 18, United States Code, is amended by adding at the end the following new item: ``Sec. 1521. Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title.''. SEC. 6. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL DUTIES. (a) Offense.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 117. Protection of individuals performing certain official duties ``(a) Whoever knowingly makes restricted personal information about a covered official, or a member of the immediate family of that covered official, publicly available, with the intent that such restricted personal information be used to kill, kidnap, or inflict bodily harm upon, or to threaten to kill, kidnap, or inflict bodily harm upon, that covered official, or a member of the immediate family of that covered official, shall be fined under this title and imprisoned not more than 5 years, or both. ``(b) As used in this section-- ``(1) the term `restricted personal information' means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, that individual; ``(2) the term `covered official' means-- ``(A) an individual designated in section 1114; ``(B) a Federal judge or Federal law enforcement officer as those terms are defined in section 1521; or ``(C) a grand or petit juror, witness, or other officer in or of, any court of the United States, or an officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate; and ``(3) the term `immediate family' has the same meaning given that term in section 115(c)(2).''. (b) Clerical Amendment.--The chapter analysis for chapter 7 of title 18, United States Code, is amended by adding at the end the following new item: ``Sec. 117. Protection of individuals performing certain official duties.''. SEC. 7. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL COURT FACILITIES. Section 930(e)(1) of title 18, United States Code, is amended by inserting ``or other dangerous weapon'' after ``firearm''. SEC. 8. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS. Section 1513 of title 18, United States Code, is amended by adding at the end the following: ``(g) A prosecution under this section may be brought in the district in which the official proceeding (whether or not pending, about to be instituted or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.''. SEC. 9. WITNESS PROTECTION GRANT PROGRAM. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part BB (42 U.S.C. 3797j et seq.) the following new part: ``PART II--WITNESS PROTECTION GRANTS ``SEC. 2995. PROGRAM AUTHORIZED. ``(a) In General.--From amounts made available to carry out this part, the Attorney General may make grants to States, units of local government, and Indian tribes to create and expand witness protection programs in order to prevent threats, intimidation, and retaliation against victims of, and witnesses to, crimes. ``(b) Uses of Funds.--Grants awarded under this part shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the creation and expansion of witness protection programs in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this part, the Attorney General may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for witness and victim protection programs; ``(2) has a serious violent crime problem in the jurisdiction; and ``(3) has had, or is likely to have, instances of threats, intimidation, and retaliation against victims of, and witnesses to, crimes. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2006 through 2010.''. SEC. 10. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS OF CRIMES. (a) In General.--Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(5) to create and expand witness and victim protection programs to prevent threats, intimidation, and retaliation against victims of, and witnesses to, violent crimes.''. (b) Authorization of Appropriations.--Section 31707 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows: ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $20,000,000 for each of the fiscal years 2006 through 2010 to carry out this subtitle.''. SEC. 11. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL GRANTS. (a) Purpose of Grants.--Section 510(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760) is amended by inserting ``State courts,'' after ``institutions,''. (b) Correctional Options Grants.--Section 515 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762a) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(4) grants to State courts to improve security for State and local court systems.''; and (2) in subsection (b), by inserting after the period the following: ``Priority shall be given to State court applicants under subsection (a)(4) that have the greatest demonstrated need to provide security in order to administer justice.''. (c) Allocations.--Section 516(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended by-- (1) striking ``80'' and inserting ``70''; (2) striking ``and 10'' and inserting ``10''; and (3) inserting before the period the following: ``, and 10 percent for section 515(a)(4)''. SEC. 12. UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. Section 7253(e) of title 38, United States Code, is amended by striking ``district courts'' and inserting ``Courts of Appeals''. SEC. 13. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE INSURANCE. (a) Bankruptcy Judges.--Section 153 of title 28, United States Code, is amended by adding at the end the following: ``(e) For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a bankruptcy judge of the United States in regular active service or who is retired under section 377 of this title shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.''. (b) United States Magistrate Judges.--Section 634(c) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2) For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a magistrate judge of the United States in regular active service or who is retired under section 377 of this title shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.''. (c) Territorial Judges.-- (1) Guam.--Section 24 of the Organic Act of Guam (48 U.S.C. 1424b) is amended by adding at the end the following: ``(c) For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a judge appointed under this section who is in regular active service or who is retired under section 373 of title 28, United States Code, shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.''. (2) Commonwealth of the northern mariana islands.--Section 1(b) of the Act of November 8, 1977 (48 U.S.C. 1821) is amended by adding at the end the following: ``(5) For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a judge appointed under this section who is in regular active service or who is retired under section 373 of title 28, United States Code, shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.''. (3) Virgin islands.--Section 24(a) of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614(a)) is amended-- (A) by inserting ``(1)'' after ``(a)''; and (B) by adding at the end the following: ``(2) For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a judge appointed under this section who is in regular active service or who is retired under section 373 of title 28, United States Code, shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.''. SEC. 14. HEALTH INSURANCE FOR SURVIVING FAMILY AND SPOUSES OF JUDGES. Section 8901(3) of title 5, United States Code, is amended-- (1) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (D), by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(E) a member of a family who is a survivor of-- ``(i) a Justice or judge of the United States, as defined under section 451 of title 28, United States Code; ``(ii) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands; ``(iii) a judge of the United States Court of Federal Claims; or ``(iv) a United States bankruptcy judge or a full-time United States magistrate judge.''.
Court Security Improvement Act of 2005 - Amends the federal judicial code to require the Director of the U.S. Marshals Service and the Judicial Conference of the United States to consult and coordinate with each other on a continuing basis on security requirements for the judicial branch. Extends protections against disclosure of judges' personal information through 2009 and includes family members of judges in such disclosure protections. Amends the federal criminal code to prohibit: (1) the recording of fictitious liens against the property of federal judges and law enforcement officers; (2) the public disclosure of restricted personal information about judges, law enforcement officials, jurors, witnesses, or their immediate family members, with the intent to harm such individuals; and (3) the possession of dangerous weapons in federal court facilities. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Attorney General to make grants to states, local governments, and Indian tribes to create and expand victim and witness protection programs; and (2) allow grants to states to improve security for for state and local court systems. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants to states to create and expand victim and witness protection programs. Revises compensation standards for judges of the U.S. Court of Appeals for Veterans Claims. Extends life insurance coverage to active and retired bankruptcy, magistrate, and territorial judges and health insurance coverage for surviving family members of federal judges.
A bill to amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and their family members, and for other purposes.
SECTION 1. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) FEHBP Option.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1079a the following new section: ``Sec. 1079b. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--(1) Covered beneficiaries described in subsection (b) shall be afforded an opportunity to enroll in any health benefits plan under the Federal Employee Health Benefits program offering medical and dental care that is comparable to the care authorized by section 1077 of this title to be provided under section 1076 of this title. ``(2) The Secretary of Defense and the other administering Secretaries shall jointly enter into an agreement with the Director of the Office of Personnel Management to carry out paragraph (1). ``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary referred to in subsection (a) is a member or former member of the uniformed services described in section 1074(b) of this title, and any dependent of the member described in section 1076(b) of this title, who, as determined pursuant to standards and procedures provided in the agreement entered into pursuant to subsection (a)(2)-- ``(A) is not guaranteed access under CHAMPUS or TRICARE Standard to health and dental care that is comparable to the highest level of health and dental care benefits provided under the service benefit plan offered under the Federal Employee Health Benefits program; ``(B) is eligible to enroll in the TRICARE program but is not enrolled because of the location of the beneficiary, a limitation on the total enrollment, or any other reason; or ``(C) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) A covered beneficiary shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in a health benefits plan of the Federal Employee Health Benefits program under this section. ``(c) Contributions.--(1) Contributions shall be made for an enrollment of a covered beneficiary in a plan of the Federal Employee Health Benefits program under this section as if the beneficiary were an employee of the Federal Government. ``(2) The administering Secretary concerned shall be responsible for the Government contributions that the Director of the Office of Personnel Management determines would be payable by the Secretary under section 8906 of title 5 for an enrolled covered beneficiary if the beneficiary were an employee of the Secretary. ``(3) Each covered beneficiary enrolled in a health benefits plan under this section shall be required to contribute the amount that would be withheld from the pay of a similarly situated Federal employee who is enrolled in the same health benefits plan under chapter 89 of title 5. ``(d) Management of Participation.--The Director of the Office of Personnel Management shall manage the participation of a covered beneficiary in a health benefits plan of the Federal Employee Health Benefits program pursuant to an enrollment under this section. The Director shall maintain separate risk pools for participating covered beneficiaries until such time as the Director determines that a complete inclusion of participating covered beneficiaries under chapter 89 of title 5 will not adversely affect Federal employees and annuitants enrolled in health benefits plans under such chapter. ``(e) Reporting Requirements.--Not later than November 1 of each year, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit to Congress a report describing the provision of health and dental care services to covered beneficiaries under this section during the preceding fiscal year. The report shall address or contain the following: ``(1) The number of covered beneficiaries who are participating in health benefits plans of the Federal Employee Health Benefits program pursuant to an enrollment under this section, both in terms of total number and as a percentage of all covered beneficiaries who are receiving health care through the health care system of the uniformed services. ``(2) The extent to which covered beneficiaries use the health and dental care services available to the beneficiaries under health benefits plans pursuant to enrollments under this section. ``(3) The cost to covered beneficiaries for health and dental care under such health benefits plans. ``(4) The cost to the Department of Defense, the Department of Transportation, the Department of Health and Human Services, and any other departments and agencies of the Federal Government of providing care to covered beneficiaries pursuant to enrollments in such health benefits plans under this section. ``(5) A comparison of the costs determined under paragraphs (3) and (4) and the costs that would otherwise have been incurred by the United States and enrollees under alternative health care options available to the administering Secretaries. ``(6) The effects of the exercise of authority under this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services.''. (b) Conforming Amendments.--(1) Section 8905 of title 5, United States Code, is amended-- (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (B) by inserting after subsection (c) the following new subsection (d): ``(d) An individual whom the Secretary of Defense determines is an eligible covered beneficiary under subsection (b) of section 1079b of title 10 may enroll in a health benefits plan under this chapter in accordance with the agreement entered into under subsection (a) of such section between the Secretary and the Office and with applicable regulations under this chapter.''. (2) Section 8906 of title 5, United States Code, is amended-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (ii) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan under section 8905(d) of this title, the Government contribution shall be determined under section 1079b(c) of title 10.''; and (B) in subsection (g)-- (i) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (ii) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll under section 8905(d) of this title shall be paid as provided in section 1079b(c) of title 10.''. SEC. 2. IMPROVED BENEFITS UNDER CHAMPUS AND TRICARE STANDARD. Chapter 55 of title 10, United States Code, as amended by section 1(a), is further amended by inserting after section 1079b the following new section: ``Sec. 1079c. CHAMPUS and TRICARE Standard benefits: comparability with service benefit plan of the Federal Employees Health Benefits program ``(a) Benefits.--The health and dental care benefits provided under CHAMPUS and TRICARE Standard shall be comparable to the highest level of benefits provided under the service benefit plan of the Federal Employees Health Benefits program. ``(b) Provider Reimbursement Rates.--The rates prescribed for the reimbursement of health and dental care providers under CHAMPUS and TRICARE Standard shall be the same as those provided for the highest level of benefits under the service benefit plan of the Federal Employees Health Benefits program.''. SEC. 3. DEFINITIONS. Section 1072 of title 10, United States Code, is amended-- (1) in paragraph (4), by striking out ``The term `Civilian Health and Medical Program of the Uniformed Services' means'' and inserting in lieu thereof ``The terms `Civilian Health and Medical Program of the Uniformed Services' and `CHAMPUS' mean''; and (2) by adding at the end the following: ``(7) The term `TRICARE program' means the managed health care program that is established by the Secretary of Defense under the authority of this chapter, principally section 1097 of this title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under CHAMPUS. ``(8) The term `TRICARE Standard' means a CHAMPUS health care benefits option that, subject to the deductibles and cost- sharing requirements under CHAMPUS, pays a share of the cost of covered health care services that are provided by health care providers outside the Federal Government who are not part of the CHAMPUS network of health care providers. ``(9) The term `Federal Employee Health Benefits program' means the Federal Employee Health Benefits program under chapter 89 of title 5.''. SEC. 4. IMPLEMENTATION. The Secretary of Defense shall begin to offer the health benefits option under section 1079b(a) of title 10, United States Code (as added by section 1(a)), and the improved benefits under section 1079c of such title (as added by section 3) not later than November 1, 1997. SEC. 5. CLERICAL AMENDMENT. The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by inserting after the item relating to section 1079a the following: ``1079b. Health care coverage through Federal Employees Health Benefits program. ``1079c. CHAMPUS and TRICARE Standard benefits: comparability with service benefit plan of the Federal Employees Health Benefits program.''.
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical and dental care comparable to that offered under CHAMPUS. Includes as an eligible covered beneficiary any member or former member of the armed forces, and any dependent of such member, who: (1) is not guaranteed access under CHAMPUS or TRICARE Standard (a Department of Defense managed care program) to health and dental care comparable to the highest level provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of geographical inaccessibility, enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) enrollment contributions; (2) participation management by the Director of the Office of Personnel Management (OPM); and (3) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Requires the health and dental care benefits provided under CHAMPUS and TRICARE Standard, as well as the rates prescribed for the reimbursement of providers under such programs, to be comparable to the highest level of benefits provided under the FEHB. Requires the Secretary to begin offering the health benefits option of this Act no later than November 1, 1997.
To amend title 10, United States Code, to permit beneficiaries of the military health care system to enroll in Federal employees health benefits plans; to improve health care benefits under the CHAMPUS and TRICARE Standard, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Arsenic-Treated Residential-Use Wood Prohibition Act''. SEC. 2. HAZARDOUS WASTE CLASSIFICATION. Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the end the following: ``(3) CCA-treated wood.-- ``(A) Definitions.--In this paragraph: ``(i) Arsenic-treated wood.--The term `arsenic-treated wood' means wood treated with an arsenical pesticide. ``(ii) CCA-treated wood.--The term `CCA- treated wood' means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical. ``(iii) Pesticide.--The term `pesticide' has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). ``(B) Regulation of cca-treated wood.-- ``(i) In general.--Notwithstanding section 261.4(b)(9) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), or any similar successor regulation, discarded CCA-treated wood, other arsenical-treated wood, and CCA- treated sawdust shall be disposed of in a lined landfill with a leachate system and groundwater monitoring system (or such other system as the Administrator determines is appropriate to capture arsenic and prevent arsenic from contaminating groundwater). ``(ii) Risk assessment.-- ``(I) In general.--Not later than March 15, 2003, the Administrator, in consultation with the Consumer Products Safety Commission, shall publish in the Federal Register an assessment of the risks posed by the production, cutting, milling, sanding, mulching, and use of CCA-treated wood. ``(II) Methodology.--In conducting the risk assessment, the Administrator shall follow the methodology recommended by the Scientific Advisory Panels which were organized by the United States Environmental Protection Agency and which met in October 2001. ``(C) Prohibition of production.-- ``(i) In general.--As soon as practicable after the date of enactment of this paragraph, the Administrator shall promulgate regulations that-- ``(I) provide for the cessation of production of CCA-treated wood not later than 60 days after the date of enactment of this paragraph; and ``(II) prohibit the production of CCA-treated wood on and after that date. ``(ii) Exemptions.--If the Administrator publishes in the Federal Register a notice that the uses of CCA-treated wood identified in subclauses (I), (II), and (III) are safe, as of the date of publication of that notice, clause (i) shall not apply to the production of CCA- treated wood used for-- ``(I) railroad ties; ``(II) marine pilings; or ``(III) utility poles.''. SEC. 3. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. (a) In General.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended-- (1) by redesignating sections 33 and 34 as sections 34 and 35, respectively; and (2) by inserting after section 32 the following: ``SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. ``(a) Definitions.--In this section: ``(1) CCA-treated wood.--The term `CCA-treated wood' means wood that is treated with any pesticide that is a chromated copper arsenical. ``(2) Manufacture.--The term `manufacture', with respect to CCA-treated wood and items described in subsection (b)(1), includes-- ``(A) the creation of a product designed to be assembled by a consumer; and ``(B) the building of a product on behalf of a consumer in accordance with specifications given by the consumer. ``(b) Prohibition.--Notwithstanding any other provision of law, except as provided in paragraph (3)(C)(ii) of section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)), not later than 90 days after the date of enactment of this subsection, the Administrator shall promulgate regulations that prohibit the use of CCA-treated wood-- ``(1) in the manufacture of any product that may be used for or by children, including-- ``(A) playground equipment, play houses, or other structures designed for frequent use specifically by children; ``(B) fences; ``(C) walkways; ``(D) docks, including residential docks, residential landscaping and boat houses; and ``(E) any other similar product, as determined by the Administrator; and ``(2) for mulch, compost, a soil amendment, or any other residential or occupational purpose, as determined by the Administrator.''. (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 striking the items relating to sections 30 and 31 and inserting the following: ``Sec. 30. Minimum requirements for training of maintenance applicators and service technicians. ``Sec. 31. Environmental Protection Agency minor use program. ``Sec. 32. Department of Agriculture minor use program. ``(a) In general. ``(b)(1) Minor use pesticide data. ``(2) Minor Use Pesticide Data Revolving Fund. ``Sec. 33. Prohibition of certain uses of arsenic-treated lumber. ``(a) Definitions. ``(1) CCA-treated wood. ``(2) Manufacture. ``(b) Prohibition. ``Sec. 34. Severability. ``Sec. 35. Authorization for appropriations.''. SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND SCHOOL SYSTEMS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) CCA-treated wood.--The term ``CCA-treated wood'' means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical. (3) Pesticide.--The term ``pesticide'' has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (b) Educational Program.--Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in-- (1) testing arsenic levels in CCA-treated wood and soil surrounding CCA-treated wood; (2) making decisions relating to the containment and removal of CCA-treated wood from homes, playgrounds, schools, and other facilities designed primarily for use by children; and (3) providing guidance regarding the decontamination of soils, mulches, and other media under structures made of CCA- treated wood where children or pets may be exposed to arsenic. (c) Assistance for Schools.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide grants and technical assistance to school systems to assist the school systems in-- (1) removing playground and other equipment containing CCA- treated wood from grounds of the school systems; (2) applying sealant to CCA-treated wood structures; and (3) conducting any necessary remediation relating to use of CCA-treated wood. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
Arsenic-Treated Residential-Use Wood Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list CCA-treated wood (wood treated with a pesticide that is an inorganic arsenical or chromated copper arsenical) as a hazardous waste; (2) require disposal of discarded CCA wood, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system; (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA-treated wood production, processing, and use; and (4) direct the Administrator to promulgate regulations for the cessation and prohibition of production of such wood, with exceptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require the Administrator to promulgate regulations prohibiting the use of CCA-treated wood (for FIFRA purposes, wood treated with a pesticide that is a chromated copper arsenical) in the manufacture, production, or use of any product that may be used for or by children or for mulch, compost, a soil amendment, or any other residential or occupational purpose. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning CCA-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA-treated wood and remediation activities.
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to prohibit the use of arsenic-treated lumber as mulch, compost, or a soil amendment, and to prohibit the manufacture of arsenic-treated wood for use as playground equipment for children, fences, walkways, or decks or for other residential or occupational purposes, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Paid Parental Leave Act of 2017''. SEC. 2. PAID PARENTAL LEAVE FOR EXECUTIVE BRANCH EMPLOYEES. (a) Amendment to Title 5.--Section 6382(d) of title 5, United States Code, is amended-- (1) by inserting ``(1)'' before ``An employee may elect'' the first place it appears; (2) by striking ``(A), (B),''; and (3) by adding at the end the following: ``(2) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose. ``(3) The paid leave that is available to an employee for purposes of paragraph (2) is-- ``(A) subject to paragraph (6), 6 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and ``(B) any annual or sick leave accrued or accumulated by such employee under subchapter I. ``(4) Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in paragraph (3)(B) before being allowed to use the paid parental leave described in paragraph (3)(A). ``(5) Paid parental leave under paragraph (3)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; ``(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and ``(C) if not used by the employee before the end of the 12- month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. ``(6) The Director of the Office of Personnel Management-- ``(A) may promulgate regulations to increase the amount of paid parental leave available to an employee under paragraph (3)(A), to a total of not more than 12 administrative workweeks, based on the consideration of-- ``(i) the benefits provided to the Federal Government of offering increased paid parental leave, including enhanced recruitment and retention of employees; ``(ii) the cost to the Federal Government of increasing the amount of paid parental leave that is available to employees; ``(iii) trends in the private sector and in State and local governments with respect to offering paid parental leave; ``(iv) the role of the Federal Government as a model employer; ``(v) the impact of increased paid parental leave on lower-income and economically disadvantaged employees and their children; and ``(vi) such other factors as the Director considers necessary; and ``(B) shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4), the manner in which an employee may designate any day or other period as to which such employee wishes to use paid parental leave described in paragraph (3)(A).''. (b) TSA.-- (1) In general.--Section 114(n) of title 49, United States Code, is amended-- (A) by striking ``The personnel management system'' and inserting the following: ``(1) In general.--The personnel management system''; and (B) by adding at the end the following: ``(2) Family and medical leave including paid parental leave.--The personnel management system under paragraph (1) shall include family and medical leave (including the ability to substitute paid leave (including paid parental leave) for any leave without pay under such family and medical leave) for employees of the Transportation Security Administration (including security screening personnel described in section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note)), which shall be provided in accordance with subchapter V of chapter 63 of title 5.''. (2) Conforming amendments relating to screener personnel.-- Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (B) by adding at the end the following: ``(3) Family and medical leave including paid parental leave.--Notwithstanding any other provision of law, security screening personnel described in paragraph (1) shall be eligible for family and medical leave (including the ability to substitute paid leave (including paid parental leave) for any leave without pay under such family and medical leave) under subchapter V of chapter 63 of title 5, United States Code, and in accordance with section 114(n)(2) of title 49, United States Code.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any birth or placement that occurs on or after the date that is 6 months after the date of enactment of this Act. SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES. (a) Amendment to Congressional Accountability Act.--Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended-- (1) in subsection (a)(1), by adding at the end the following: ``In applying section 102(a)(1) (A) and (B) of such Act to covered employees, subsection (d) shall apply.''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following: ``(d) Special Rule for Paid Parental Leave for Congressional Employees.-- ``(1) Substitution of paid leave.--A covered employee taking leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(2) Amount of paid leave.--The paid leave that is available to a covered employee for purposes of paragraph (1) is-- ``(A) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and ``(B) any additional paid vacation or sick leave provided by the employing office to such employee. ``(3) Limitation.--Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (2). ``(4) Additional rules.--Paid parental leave under paragraph (2)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and ``(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any birth or placement that occurs on or after the date that is 6 months after the date of enactment of this Act. SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES. (a) Amendment to Family and Medical Leave Act of 1993.--Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by adding at the end the following: ``(3) Special rule for gao and library of congress employees.-- ``(A) Substitution of paid leave.--An employee of an employer described in section 101(4)(A)(iv) taking leave under subparagraph (A) or (B) of subsection (a)(1) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(B) Amount of paid leave.--The paid leave that is available to an employee of an employer described in section 101(4)(A)(iv) for purposes of subparagraph (A) is-- ``(i) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and ``(ii) any additional paid vacation or sick leave provided by such employer. ``(C) Limitation.--Nothing in this paragraph shall be considered to require that an employee first use all or any portion of the leave described in clause (ii) of subparagraph (B) before being allowed to use the paid parental leave described in clause (i) of such subparagraph. ``(D) Additional rules.--Paid parental leave under subparagraph (B)(i)-- ``(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the employer described in section 101(4)(A)(iv); and ``(ii) if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any birth or placement that occurs on or after the date that is 6 months after the date of enactment of this Act. SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES. (a) Executive Branch Employees.--For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 6382(a)(1) of title 5, United States Code, or to substitute such leave pursuant to subsection (d)(2) of section 6382 of such title (as added by section 2), any service by such employee on covered active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title. (b) TSA Employees.--For purposes of determining the eligibility of an employee of the Transportation Security Administration (including security screening personnel described in section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note)) who is a member of the National Guard or Reserves to take leave in a circumstance described in subparagraph (A) or (B) of section 6382(a)(1) of title 5, United States Code, or to substitute such leave in a manner described in subsection (d)(2) of section 6382 of such title (as added by section 2), any service by such employee on covered active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of determining whether the employee has completed 12 months of service as an employee. (c) Congressional Employees.--For purposes of determining the eligibility of a covered employee (as such term is defined in section 101(3) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(3))) who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) (pursuant to section 202(a)(1) of the Congressional Accountability Act of 1995), or to substitute such leave pursuant to subsection (d) of section 202 of such Act (as added by section 3), any service by such employee on covered active duty (as defined in section 101(14) of the Family and Medical Leave Act of 1993) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act of 1995. (d) GAO and Library of Congress Employees.--For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), or to substitute such leave pursuant to paragraph (3) of section 102(d) of such Act (as added by section 4), any service by such employee on covered active duty (as defined in section 101(14) of such Act) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act. SEC. 6. GAO REPORT. Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of this Act and the amendments made by this Act, which shall include-- (1) statistical information about the number of days of paid and unpaid parental leave used by employees covered by this Act or an amendment made by this Act according to race, ethnicity, gender, and pay level; and (2) an evaluation of the effect of this Act and the amendments made by this Act on the recruitment and retention of such employees.
Federal Employees Paid Parental Leave Act of 2017 This bill allows executive branch employees to substitute any available paid leave for any leave without pay for either: (1) the birth of a child, or (2) the placement of a child for adoption or foster care. It makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) six administrative weeks of paid parental leave in connection with the birth or placement involved, and (2) any accumulated annual or sick leave. The bill authorizes the Office of Personnel Management to promulgate regulations to increase the amount of paid parental leave to a total of 12 administrative workweeks. Such regulations must consider certain factors, including benefit and cost to the federal government. The personnel management system for employees of the Transportation Security Administration (TSA) shall include family and medical leave (including paid parental leave) for any leave without pay. The bill amends the Congressional Accountability Act of 1995 and the Family and Medical Leave Act of 1993 to allow the same substitution for covered congressional employees, Government Accountability Office (GAO) employees, and Library of Congress employees. Service in the National Guard or the Reserves by executive branch employees, TSA employees, congressional employees, and GAO or Library of Congress employees shall count as service for purposes of determining eligibility to take or substitute leave as allowed under this bill.
Federal Employees Paid Parental Leave Act of 2017
SECTION 1. SHORT TITLE. This Act may be cited as the ``Help End Assault Rifle Tragedies (HEART) Act of 2016''. SEC. 2. PROHIBITION ON THE TRANSFER, LOAN, OR OTHER DISPOSITION OF A MACHINEGUN OR SEMIAUTOMATIC ASSAULT WEAPON TO AN INDIVIDUAL UNDER AGE 16. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) It shall be unlawful for any person, in or affecting interstate or foreign commerce, to transfer, loan, or otherwise dispose of a machinegun or semiautomatic assault weapon to an individual, knowing or having reasonable cause to believe that the individual has not attained 16 years of age, including the temporary transfer of a machine gun or semiautomatic assault weapon to such individual for use in target shooting or on a firing or shooting range or for any other purpose.''. (b) Semiautomatic Assault Weapon Defined.--Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following: ``(30) The term `semiautomatic assault weapon' means any of the following, regardless of country of manufacture or caliber of ammunition accepted: ``(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any one of the following: ``(i) A pistol grip. ``(ii) A forward grip. ``(iii) A folding, telescoping, or detachable stock. ``(iv) A grenade launcher or rocket launcher. ``(v) A barrel shroud. ``(vi) A threaded barrel. ``(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. ``(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: ``(i) A threaded barrel. ``(ii) A second pistol grip. ``(iii) A barrel shroud. ``(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip. ``(v) A semiautomatic version of an automatic firearm. ``(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. ``(F) A semiautomatic shotgun that has any one of the following: ``(i) A folding, telescoping, or detachable stock. ``(ii) A pistol grip. ``(iii) A fixed magazine with the capacity to accept more than 5 rounds. ``(iv) The ability to accept a detachable magazine. ``(v) A forward grip. ``(vi) A grenade launcher or rocket launcher. ``(G) Any shotgun with a revolving cylinder. ``(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: ``(i) All AK types, including the following: ``(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM. ``(II) IZHMASH Saiga AK. ``(III) MAADI AK47 and ARM. ``(IV) Norinco 56S, 56S2, 84S, and 86S. ``(V) Poly Technologies AK47 and AKS. ``(ii) All AR types, including the following: ``(I) AR-10. ``(II) AR-15. ``(III) Armalite M15 22LR Carbine. ``(IV) Armalite M15-T. ``(V) Barrett REC7. ``(VI) Beretta AR-70. ``(VII) Bushmaster ACR. ``(VIII) Bushmaster Carbon 15. ``(IX) Bushmaster MOE series. ``(X) Bushmaster XM15. ``(XI) Colt Match Target Rifles. ``(XII) DoubleStar AR rifles. ``(XIII) DPMS Tactical Rifles. ``(XIV) Heckler & Koch MR556. ``(XV) Olympic Arms. ``(XVI) Remington R-15 rifles. ``(XVII) Rock River Arms LAR-15. ``(XVIII) Sig Sauer SIG516 rifles. ``(XIX) Sig Sauer MCX. ``(XX) Smith & Wesson M&P15 Rifles. ``(XXI) Stag Arms AR rifles. ``(XXII) Sturm, Ruger & Co. SR556 rifles. ``(iii) Barrett M107A1. ``(iv) Barrett M82A1. ``(v) Beretta CX4 Storm. ``(vi) Calico Liberty Series. ``(vii) CETME Sporter. ``(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C. ``(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. ``(x) Feather Industries AT-9. ``(xi) Galil Model AR and Model ARM. ``(xii) Hi-Point Carbine. ``(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. ``(xiv) Kel-Tec Sub-2000, SU-16, and RFB. ``(xv) SIG AMT, SIG PE-57, Sig Sauer SG 550, and Sig Sauer SG 551. ``(xvi) Springfield Armory SAR-48. ``(xvii) Steyr AUG. ``(xviii) Sturm, Ruger Mini-14 Tactical Rife M-14/ 20CF. ``(xix) All Thompson rifles, including the following: ``(I) Thompson M1SB. ``(II) Thompson T1100D. ``(III) Thompson T150D. ``(IV) Thompson T1B. ``(V) Thompson T1B100D. ``(VI) Thompson T1B50D. ``(VII) Thompson T1BSB. ``(VIII) Thompson T1-C. ``(IX) Thompson T1D. ``(X) Thompson T1SB. ``(XI) Thompson T5. ``(XII) Thompson T5100D. ``(XIII) Thompson TM1. ``(XIV) Thompson TM1C. ``(xx) UMAREX UZI Rifle. ``(xxi) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. ``(xxii) Valmet M62S, M71S, and M78. ``(xxiii) Vector Arms UZI Type. ``(xxiv) Weaver Arms Nighthawk. ``(xxv) Wilkinson Arms Linda Carbine. ``(I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: ``(i) All AK-47 types, including the following: ``(I) Centurion 39 AK pistol. ``(II) Draco AK-47 pistol. ``(III) HCR AK-47 pistol. ``(IV) IO Inc. Hellpup AK-47 pistol. ``(V) Krinkov pistol. ``(VI) Mini Draco AK-47 pistol. ``(VII) Yugo Krebs Krink pistol. ``(ii) All AR-15 types, including the following: ``(I) American Spirit AR-15 pistol. ``(II) Bushmaster Carbon 15 pistol. ``(III) DoubleStar Corporation AR pistol. ``(IV) DPMS AR-15 pistol. ``(V) Olympic Arms AR-15 pistol. ``(VI) Rock River Arms LAR 15 pistol. ``(iii) Calico Liberty pistols. ``(iv) DSA SA58 PKP FAL pistol. ``(v) Encom MP-9 and MP-45. ``(vi) Heckler & Koch model SP-89 pistol. ``(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9. ``(viii) Kel-Tec PLR 16 pistol. ``(ix) The following MAC types: ``(I) MAC-10. ``(II) MAC-11. ``(III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. ``(IV) Military Armament Corp. Ingram M-11. ``(V) Velocity Arms VMAC. ``(x) Sig Sauer P556 pistol. ``(xi) Sites Spectre. ``(xii) All Thompson types, including the following: ``(I) Thompson TA510D. ``(II) Thompson TA5. ``(xiii) All UZI types, including Micro-UZI. ``(J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: ``(i) Franchi LAW-12 and SPAS 12. ``(ii) All IZHMASH Saiga 12 types, including the following: ``(I) IZHMASH Saiga 12. ``(II) IZHMASH Saiga 12S. ``(III) IZHMASH Saiga 12S EXP-01. ``(IV) IZHMASH Saiga 12K. ``(V) IZHMASH Saiga 12K-030. ``(VI) IZHMASH Saiga 12K-040 Taktika. ``(iii) Streetsweeper. ``(iv) Striker 12. ``(K) All belt-fed semiautomatic firearms, including TNW M2HB. ``(L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. ``(M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).''. (c) Penalties.--Section 924(a)(2) of title 18, United States Code, is amended by striking ``or (o)'' and inserting ``(o), or (aa)''. (d) Effective Date.--The amendments made by this section shall apply to conduct engaged in after the date that is 180 days after the date of enactment of this Act.
Help End Assault Rifle Tragedies (HEART) Act of 2016 This bill amends the federal criminal code to make it a crime to knowingly transfer, loan, or dispose of a machinegun or semiautomatic assault weapon to an individual who is known or reasonably believed to be less than 16 years of age. It defines the term "semiautomatic assault weapon." A violator is subject to a fine, up to 10 years in prison, or both.
Help End Assault Rifle Tragedies (HEART) Act of 2016
SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Workforce Act of 2018''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS TO HELP COMBAT OPIOID CRISIS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(F)(i), by striking ``paragraphs (7) and (8)'' and inserting ``paragraphs (7), (8), and (9)''; (2) in paragraph (4)(H)(i), by striking ``paragraphs (7) and (8)'' and inserting ``paragraphs (7), (8), and (9)''; (3) in paragraph (7)(E), by inserting ``paragraph (9),'' after ``paragraph (8),''; and (4) by adding at the end the following new paragraph: ``(9) Distribution of additional residency positions to help combat opioid crisis.-- ``(A) Additional residency positions.--For each of fiscal years 2019 through 2023 (and succeeding fiscal years if the Secretary determines that there are additional residency positions available to distribute under subparagraph (D)), the Secretary shall increase the otherwise applicable resident limit for each qualifying hospital that submits a timely application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. Except as provided in subparagraph (B)(iv) or (D), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 500 in fiscal year 2019 and 500 over the period of fiscal years 2020 through 2023, distributed in accordance with the succeeding subparagraphs of this paragraph. ``(B) Distribution for fiscal year 2019.-- ``(i) In general.--For fiscal year 2019, the positions available for distribution with respect to the fiscal year as described in subparagraph (A) shall be distributed to hospitals that have existing established approved programs in addiction medicine, addiction psychiatry, or pain management as determined by the Secretary. ``(ii) Number of positions hospital eligible to receive.--Subject to clauses (iii) and (iv), the aggregate number of positions a hospital may receive under this subparagraph with respect to fiscal year 2019 is equal to the sum of the following: ``(I) The number of full-time- equivalent residents that will be training in addiction medicine, addiction psychiatry, or pain management as determined by the Secretary with respect to the fiscal year. ``(II) The associated number of residents training in a pre-requisite program, such as internal medicine, necessary for the number of full-time residents for the programs described in subclause (I). ``(iii) Additional positions for expansion of existing program.--If a hospital demonstrates to the Secretary that the hospital is planning to increase the number of full- time-equivalent residents in existing programs described in clause (i), the Secretary may increase the number of positions a hospital is eligible to receive under clause (ii) in order to accommodate that expansion, as determined by the Secretary. ``(iv) Considerations in distribution.--The Secretary shall distribute additional residency positions under this subparagraph based on-- ``(I) in the case of positions made available under clause (ii), the demonstrated likelihood of the hospital filling such positions by July 1, 2019; and ``(II) in the case of positions made available under clause (iii), the demonstrated likelihood of the hospital filling such positions within the first three cost reporting periods beginning on or after July 1, 2019. ``(v) Limitation.--Notwithstanding clauses (ii) and (iv), an individual hospital may not receive more than 25 full-time-equivalent residency positions under this subparagraph. ``(vi) Clarification regarding availability of additional positions in subsequent fiscal years.--Nothing in this subparagraph shall preclude a hospital from receiving additional residency positions under subparagraph (C). ``(vii) Positions not distributed during the fiscal year.--If the number of resident full-time-equivalent positions distributed under this subparagraph is less than the aggregate number of positions available for distribution in the fiscal year (as described in subparagraph (A)), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution under subparagraph (C). ``(C) Distribution for fiscal years 2020 through 2023.-- ``(i) In general.--For the period of fiscal years 2020 through 2023, the positions available for distribution with respect to such period (as described in subparagraph (A), including after application of subparagraph (B)(vi)) shall be distributed to hospitals which demonstrate to the Secretary that the hospital-- ``(I) will establish an approved program in addiction medicine, addiction psychiatry, or pain management; and ``(II) will use all of the additional positions made available under this subparagraph in such program or a prerequisite residency program for such program within the first four cost reporting periods after the increase would be effective. ``(ii) Requirements.--Subject to clause (iii), a hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5- year period beginning after the date of such increase, that the hospital uses the positions received under clauses (i)(I) and (i)(II) for the programs for which the positions were distributed, or similar programs (as determined by the Secretary). The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. ``(iii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (ii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) Limitation.--An individual hospital may not receive more than 25 full-time- equivalent residency positions under this subparagraph. ``(D) Distribution of remaining positions.--If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2019 through 2023 is less than 1,000, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 1,000. ``(E) Notification.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result on an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. ``(F) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(G) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. ``(H) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(8)'' and inserting ``(h)(8), and (h)(9)''. (2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended-- (A) by redesignating clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act (Public Law 111-148), as clause (xi) and moving such clause 4 ems to the left; and (B) by adding after clause (xi), as redesignated by subparagraph (A), the following new clause: ``(xii) For discharges occurring on or after July 1, 2019, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(9), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions.''.
Opioid Workforce Act of 2018 This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for hospitals that have addiction or pain management programs, with an aggregate increase of 1,000 positions over a five-year period.
Opioid Workforce Act of 2018
SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduation Really Achieves Dreams Act'' or the ``GRAD Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The national high school graduation rate is only 70 percent, and in urban districts that percentage drops further to only 50 percent. (2) The national graduation rate for the class of 2001 was only 51 percent for African Americans and 52 percent for Latino students. (3) Each school day, approximately 3,000 secondary school students drop out of school. (4) Six million secondary students who make up the lowest 25 percent in terms of achievement scores are 3.5 times more likely to drop out than students in the next highest quarter of academic achievement, and are 20 times more likely to drop out than high achieving students. (5) Approximately 25 percent of secondary school students are reading at ``below basic'' levels. The problem is even more severe for poor students of color. The average minority or low- income ninth grader performs at only the fifth or sixth grade level in reading. (6) Low graduation rates are evidence that, in the earlier grades, schools are not meeting the fundamental achievement needs of low-income students. (7) Even those students who do graduate from secondary schools and go on to college are struggling because they lack the basic skills to succeed. Approximately 40 percent of all 4- year college students take a remedial course and 63 percent of all community college students are assigned to at least one remedial course. (8) A small percentage of low-income students who manage to enter college are able to complete a degree. Of students from families in the bottom 20 percent in terms of income who enter college, only 27 percent go on to complete a two- or four-year college degree within eight years. (9) Graduation rates impact early drop-out rates in the military. The attrition rates of both non-high school graduates and GED recipients are 8 percentage points higher than the rates of graduates. As a result, the Armed Services no longer accepts high school drop-outs and put less value on alternative certificates. (10) Students who fail to graduate from high school are more likely to engage in criminal activity than students who graduate. A one percent increase in high school graduation rates would save approximately $1.4 billion in costs associated with incarceration, or about $2,100 for each male high school graduate. (11) In today's workplace, nearly 8 in 10 adults with bachelors degrees are employed, but for those who completed high school only, the figure falls to about 6 in 10. And for students who dropped out, the figure drops further to 4 in 10. (12) Employment projections indicate that jobs requiring only a high school degree will grow by just 9 percent by the year 2008, while those requiring a bachelor's degree will grow by 25 percent and those requiring an associate's degree will grow by 31 percent. (13) Personalization of the school environment has been proven to increase success rates for low-performing secondary school students. Nearly 50 percent of middle school youth and 40 percent of high school youth report feelings of disengagement from school. Rates are even higher for teens and minorities in urban schools. These feelings result in failure to work hard, to seek assistance, or to take appropriate courses. (14) Effective research-based education programs that improve high school graduation rates are comprehensive in nature and include interventions that begin in kindergarten and span all the grades through 12th. SEC. 3. PROJECT GRAD. (a) Purpose.--The purpose of the program authorized under this Act is-- (1) to provide support and assistance to programs implementing integrated education reform services to improve high school graduation and college going rates for disadvantaged students; and (2) to promote the establishment of new programs to implement such integrated education reform services. (b) Grant Authorized.--The Secretary is authorized to award a grant to Project GRAD USA, a nonprofit educational organization that has as its primary purpose the improvement of high school graduation and college going rates for disadvantaged students (hereinafter in this section referred to as the ``grantee''), to provide support and technical assistance to existing programs implementing the set of integrated education reform services described in subsection (d)(2) and to promote the expansion of such programs. (c) Requirements of Grant Agreement.--The Secretary shall enter into an agreement with the grantee that requires that-- (1) the grantee will enter into subcontracts with nonprofit educational organizations (hereinafter in this section referred to as ``subgrantees'') under which the subgrantees will agree to establish, operate, and provide the non-Federal share of the cost of implementing Project GRAD programs; (2) the grantee will provide such technical assistance to the subgrantees as may be necessary to carry out the provisions of this section; (3) funds made available under the grant can be used to pay the Federal share of the cost of establishing and operating programs as provided in paragraph (1) and costs associated with the provision of technical assistance as provided in paragraph (2); and (4) the grantee will select only subgrantees that serve a substantial number or percentage of low-income students. (d) Supported Programs.-- (1) Designation; feeder patterns.--The programs supported with funds available under this section shall be known as ``Project GRAD programs''. Such programs shall, with the agreement of the grantee, identify one or more groups of public schools at which services will be provided through establishing a ``feeder pattern'' through which elementary and secondary schools channel students having participated in Project GRAD services into an identified high school. (2) Integrated education reform services.--The services provided through project GRAD programs shall include-- (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs including a systematic approach to increase family and community involvement in the schools served; (C) a college access program, which includes the provision of a college scholarship for students that meet established criteria, proven approaches to increasing student and family college awareness, and assistance for those students in applying to college for financial aid; and (D) such other services identified by the grantee as necessary to increase high school graduation and college going rates. (e) Use of Funds.--Not less than 75 percent of the funds received by the grantee under this section shall be used to fund awards to subgrantees to carry out the requirements of subsection (d)(1). The balance of such funds shall be used by grantee to carry out the requirements of subsection (d)(2), as well as other such activities to promote greater public awareness of integrated education reform services to improve high school graduation and college going rates for disadvantaged students as described in subsection (d)(2). (f) Federal Share.-- (1) In general.--For purposes of subsection (c), the term ``Federal share'' means, with respect to the costs of Project GRAD programs authorized in subsection (c), subgrants provided by the grantee averaging $200 per pupil, adjusted to take into consideration the resources available to the school at which the subgrantee will implement the program, and the need for Project GRAD USA services to improve student outcomes. (2) Exception.--Nothing in this subsection shall preclude the awarding of subgrants reflecting a per student cost of more than $200 if the grantee determines that additional resources were not available consistent with the requirements placed on the grantee in subsection (c)(4). (3) More may be required.--If funds or resources are available to a subgrantee, the grantee may elect to award the subgrantee less than the Federal share of the cost associated with the program. (g) Evaluation.-- (1) Evaluation by the secretary.--The Secretary shall select an independent entity to evaluate every 3 years the performance of students who participate in a program under this section. The evaluation shall be contracted using the strongest possible research design for determining the effectiveness of programs funded under this section. The evaluation shall include a comparison of reading and mathematics achievement and, where applicable, high school graduation, college going, and college completion rates of students who participate in the programs funded under this section with those indicators for students of similar backgrounds who do not participate in such programs. (2) Evaluation by grantee and subgrantees.--The grantee shall require each subgrantee to prepare an in-depth report of the results of the programs supported with funds, and the use of funds, made available under this section. Such review shall include data on the reading and math achievement of students involved in the programs and statistics on high school graduation, college going, and college completion rates, and such financial reporting as deemed relevant to review the effectiveness and efficiency of the program. The report shall be in a form and include such content as shall be determined by the grantee in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD program. (3) Availability of evaluations.--Copies of any evaluation or report prepared pursuant to this section shall be available to the Secretary and the Chairman and ranking member of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. (h) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $27,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (i) Low-Income Student.--For purposes of this section, the term ``low-income student'' means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 1113(c) of the Elementary and Secondary Education Act of 1965.
Graduation Really Achieves Dreams Act - GRAD Act - Authorizes a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college-going rates for disadvantaged students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of low-income students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary.
To authorize the Project GRAD program, and for other purposes.
SECTION 1. GENERALLY AVAILABLE SOFTWARE. Section 17 of the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended by adding at the end thereof the following new subsection: ``(g) Computers and Related Equipment.-- ``(1) General rule.--Subject to paragraphs (2) and (3), the Secretary shall have exclusive authority to control exports of all computer hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use, including command, control, and intelligence applications. ``(2) Items not requiring licenses.--No validated license may be required, except pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act (but only to the extent that the authority of such Act is not exercised to extend controls imposed under this Act), for the export or reexport of-- ``(A) any software, including software with encryption capabilities, that is-- ``(i) generally available, as is, and is designed for installation by the purchaser; or ``(ii) in the public domain or publicly available because it is generally accessible to the interested public in any form; or ``(B) any computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under subparagraph (A). ``(3) Software with encryption capabilities.--The Secretary shall authorize the export or reexport of software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such software will be-- ``(A) diverted to a military end-use or an end-use supporting international terrorism; ``(B) modified for military or terrorist end-use; or ``(C) reexported without requisite United States authorization. ``(4) Definitions.--As used in this subsection-- ``(A) the term `generally available' means, in the case of software (including software with encryption capabilities), software that is offered for sale, license, or transfer to any person without restriction through any commercial means, including, but not limited to, over-the-counter retail sales, mail order transactions, phone order transactions, electronic distribution, or sale on approval; ``(B) the term `as is' means, in the case of software (including software with encryption capabilities), a software program that is not designed, developed, or tailored by the software company for specific purchasers, except that such purchasers may supply certain installation parameters needed by the software program to function properly with the purchaser's system and may customize the software program by choosing among options contained in the software program; ``(C) the term `is designed for installation by the purchaser' means, in the case of software (including software with encryption capabilities)-- ``(i) the software company intends for the purchaser (including any licensee or transferee), who may not be the actual program user, to install the software program on a computing device and has supplied the necessary instructions to do so, except that the company may also provide telephone help line services for software installation, electronic transmission, or basic operations; and-- ``(ii) that the software program is designed for installation by the purchaser without further substantial support by the supplier; ``(D) the term `computing device' means a device which incorporates one or more microprocessor-based central processing units that can accept, store, process or provide output of data; and ``(E) the term `computer hardware', when used in conjunction with information security, includes, but is not limited to, computer systems, equipment, application-specific assemblies, modules, and integrated circuits.''.
Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, and technology for information security (including encryption), except any specifically designed or modified for military use. Exempts specified items from license requirements. Instructs the Secretary to authorize the export or reexport under specified circumstances of software with encryption capabilities for nonmilitary end-uses.
To amend the Export Administration Act of 1979 with respect to the control of computers and related equipment.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2016''. SEC. 2. DEFINITIONS. As used in this Act the following definitions apply: (1) The term ``ancillary charges'' means service fees, convenience charges, parking fees, and other charges associated with the purchase of a ticket and not included in the base price of the ticket. (2) The term ``base price'' means the price charged for a ticket other than any ancillary charges. (3) The term ``box office'' means a physical location where tickets are offered for primary sale. (4) The term ``bundled series tickets'' means packages of tickets for multiple events that are part of the same entertainment series. (5) The term ``distribution method'' means the manner in which a primary ticket seller distributes tickets to a particular event, whether through primary sale, limited presale promotions, donations to charity, reservations of season ticket holders, or allocated to the primary ticket seller, team, artist, or venue. (6) The term ``face value'' means the total price of a ticket including both the base price and any ancillary charges. (7) The term ``primary sale'', with regards to a ticket, means the initial sale of a ticket that has not been sold previous to such sale, by a primary ticket seller to the general public on or after the date advertised such sale. (8) The term ``primary ticket seller'' means an owner or operator of a venue or a sports team, a manager or provider of an event, or a provider of ticketing services (or an agent of such owner, operator, manager, or provider) that engages in the primary sale of tickets for an event or retains the authority to otherwise distribute tickets. (9) The terms ``resale'' or ``secondary sale'', with regards to a ticket, mean any sale of a ticket that occurs after the initial sale of the ticket. (10) The term ``secondary ticket sales marketplace'' means a website, software application for a mobile device, any other digital platform, or portion thereof, whose primary purpose is to facilitate the resale of tickets to consumers. (11) The term ``ticket'' means a ticket of admission to a sporting event, theater, musical performance, or place of public amusement of any kind. SEC. 3. RULES ON TRANSPARENCY OF TICKET MARKETING, DISTRIBUTION, AND PRICING BY PRIMARY TICKET SELLERS. Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements and prohibitions with regard to the primary sale, distribution, and pricing of tickets: (1) A requirement that a primary ticket seller disclose and display on the website of such primary ticket seller the total number of tickets offered for sale by such primary ticket seller not less than 7 days before the date on which tickets shall be available for primary sale. (2) A requirement that a primary ticket seller make publicly available, not less than 7 days before the day on which tickets shall be available for primary sale, the total number and distribution method of all tickets not made available for sale to the general public, the distribution of which is the responsibility of that primary ticket seller. (3) A requirement that the distribution method for each particular ticket and the date and time of the primary sale be printed on each such ticket. (4) A requirement that the primary ticket seller include, with any listing of the price of a ticket on the primary ticket seller's website or in any promotional material where the ticket price is listed, all ancillary charges related to the purchase of a ticket, and include such charges and the total cost to the consumer on each individual ticket. (5) A requirement that a primary ticket seller include all ancillary charges in any refund of a ticket that is provided for in the primary ticket seller's refund policies. (6) A prohibition on requiring that a consumer who has purchased tickets from a primary ticket seller only be permitted to resell such tickets in a manner determined by the primary ticket seller. (7) A requirement that a primary ticket seller provide a full refund to any consumer who purchases a nontransferable ticket if requested by the consumer not later than 1 week prior to the event. SEC. 4. RULES FOR SECONDARY TICKET SALES MARKETPLACES. Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements and prohibitions with regard to the secondary sale, distribution, and pricing of tickets: (1) A requirement that if the secondary ticket sales marketplace does not possess the ticket at the time of the sale that such secondary ticket sales marketplace provide-- (A) a clear statement that the secondary ticket sales marketplace does not possess the ticket; and (B) an explanation of procedures to be followed by the purchaser to obtain a refund from the secondary ticket sales marketplace if the ticket the purchaser ultimately receives does not match the description of the ticket by the secondary ticket sales marketplace. (2) A prohibition on the use of software to circumvent a security measure, access control system, or other control or measure on a primary ticket seller's Internet website that is used by the primary seller to ensure equitable consumer access to tickets for any given event; (3) A prohibition on the sale of any ticket knowingly obtained by a secondary seller in violation of paragraph (2). (4) A requirement that a secondary ticket sales marketplace and online resale marketplace disclose upon offering a ticket for resale-- (A) the distribution method and face value of each ticket; (B) the precise location of the seat or space to which the ticket would entitle the bearer, or, if information about the precise location of the seat or space is not available, descriptive information about the location of the seat or space, such as a description of a section or other area within the venue where the seat or space is located; and (C) if the secondary ticket sales marketplace purchased the ticket during a public sale of tickets to the event, the date and time of the purchase of the ticket by the secondary ticket sales marketplace. (5) A requirement that an online resale marketplace-- (A) not make any representation of affiliation or endorsement with a venue, team, or artist, as the case may be, without the express written consent of the venue, team, or artist, as applicable, except when it constitutes fair use and is consistent with applicable laws; and (B) post clear and conspicuous notice on the website of such online resale marketplace that the website is for the secondary sale of tickets and a requirement that the user confirm having read such notice before starting any transaction. (6) A prohibition on the resale of a ticket by an individual employee of any venue, primary ticket seller, team, artist, online resale marketplace, or box office that is involved in hosting, promoting, performing in, or selling tickets if such resale-- (A) is for a higher price than face value of the ticket; or (B) is made to any third party and the employee has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the third party intends to sell the ticket for a higher price than face value of the ticket. (7) A requirement that an online resale marketplace disclose to the consumer when the secondary ticket sales marketplace of a ticket is the primary ticket seller, venue, team, or artist associated with the event to which the ticket relates. SEC. 5. ENFORCEMENT. (a) Federal Trade Commission.--A violation of a rule prescribed pursuant to section 3 or 4 or a violation of section 5(a)(1) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) State Attorneys General.-- (1) In general.--Except as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates a rule prescribed under section 3 or 4, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the rule; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; and (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.--The State shall serve written notice to the Commission of any civil action under paragraph (1) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Intervention by ftc.--Upon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening-- (A) be heard on all matters arising in such civil action; (B) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. (4) Savings clause.--Nothing in this subsection shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Venue; service of process; joinder.--In a civil action brought under paragraph (1)-- (A) the venue shall be a judicial district in which the defendant or a related party is found, is an inhabitant, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code; (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (C) a person who participated with a defendant or related party in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (6) Preemptive action by ftc.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under paragraph (1) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (7) Award of costs and fees.--If a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees from the lender or related party. (c) Private Right of Action.--Any person who suffers injury as a result of another person's violation of a rule prescribed pursuant to section 3 or 4, may bring a civil action against such person in a United States district court and may recover from such person damages for such injury plus $1,000 for each requirement or prohibited act set forth in such sections that such person violated with respect to a ticket sold to the person bringing such action, and reasonable attorneys' fees and costs. SEC. 6. NONPREEMPTION. Nothing in this Act shall affect the authority of any State or local government to establish or continue in effect a provision of law of the State or local government relating to the regulation of the resale of tickets to events or the pricing of such tickets for resale, except to the extent that such provision is inconsistent with this Act or a regulation promulgated under this Act, and then only to the extent of the inconsistency. A provision of law of a State or local government is not inconsistent with this Act or a regulation promulgated under this Act if such provision provides equal or greater protection to consumers than the protection provided under this Act or such regulation. SEC. 7. FTC STUDY OF TICKET MARKET. (a) Study.--The Federal Trade Commission shall conduct a study of the ticket market to determine-- (1) who is purchasing tickets from primary ticket sellers and how many of these tickets are later resold by secondary ticket sales marketplaces; (2) the impact on consumers of nontransferable tickets and whether all tickets should be required to be transferable; and (3) the extent to which automated ticketing-purchasing programs and other computer software is used to purchase tickets or circumvent ticketing website safeguards used by primary ticket sellers. (b) Report.--Not later than one year after the date of enactment of this Act, the Commission shall transmit a report to Congress containing the findings of the study.
Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2016 This bill directs the Federal Trade Commission (FTC) to promulgate rules for the primary or secondary sale, distribution, or pricing of tickets for sporting events, theater, musical performances, or places of public amusement. For primary sales, sellers must: (1) disclose at least seven days prior to sale, the total number of tickets the seller is offering and the total number and distribution method of tickets not available to the general public; (2) print on each ticket the distribution method, date, and time of the primary sale; (3) disclose service fees, convenience charges, and parking fees and provide refunds for such charges; and (4) provide full refunds for nontransferable tickets if requested by the consumer by one week prior to the event. Primary sellers are prohibited from requiring that consumers only be permitted to resell tickets in a manner determined by the primary seller. For secondary sales, the secondary ticket sales marketplace must: (1) disclose if it does not possess the ticket at the time of sale, and (2) explain refund procedures if the ticket received does not match the description by the secondary marketplace. The secondary sales rules must prohibit the use of software to circumvent a security system or access control measure on a primary ticket seller's website that is used to ensure equitable consumer access to tickets. The secondary marketplace must disclose: (1) the distribution method and face value of each ticket; (2) the location of the seats or space; and (3) if the marketplace purchased the ticket during a public sale, the date and time of the purchase by the secondary marketplace. Online marketplace resellers are: (1) prohibited from representing an affiliation or endorsement with venues, teams, or artists without their consent, except when it constitutes fair use; and (2) required to post notice on their websites indicating that they are conducting secondary sales and requiring users to confirm having read such notice before starting a transaction. Individual employees of venues, primary ticket sellers, teams, artists, online resale marketplaces, or box offices are prohibited from reselling tickets: (1) for higher than face value, or (2) to third parties for resale for higher than face value. Online marketplace resellers must disclose when the secondary marketplace of a ticket is the primary ticket seller, venue, team, or artist associated with the event. The FTC and states are provided authority to enforce against violations. Persons may bring private civil actions to recover damages for injuries from violations.
Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2016
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Lawful Commerce in Arms Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--The Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (4) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act. (5) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended. (6) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States. (7) The liability actions commenced or contemplated by the Federal Government, States, municipalities, and private interest groups and others are based on theories without foundation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Constitution, by the Congress, or by the legislatures of the several States. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (8) The liability actions commenced or contemplated by the Federal Government, States, municipalities, private interest groups, and others attempt to use the judicial branch to circumvent the legislative branch of the Government by regulating interstate and foreign commerce through judgments and judicial decrees, thereby threatening the separation of powers doctrine and weakening and undermining important principles of federalism, State sovereignty, and comity among the several States. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended. (2) To preserve a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting. (3) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment. (4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce. (5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances. (6) To preserve and protect the separation of powers doctrine and important principles of federalism, State sovereignty, and comity among the several States. (7) To exercise the power of Congress under article IV, section 1 of the United States Constitution to carry out the full faith and credit clause. SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL OR STATE COURT. (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. SEC. 4. DEFINITIONS. In this Act: (1) Engaged in the business.--The term ``engaged in the business'' has the meaning given that term in section 921(a)(21) of title 18, United States Code, and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition. (2) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product, a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18, United States Code. (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 firearm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18, United States Code), including any antique firearm (as defined in section 921(a)(16) of such title), or ammunition (as defined in section 921(a)(17)(A) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (5) Qualified civil liability action.-- (A) In general.--The term ``qualified civil liability action'' means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include-- (i) an action brought against a transferor convicted of an offense under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted; (ii) an action brought against a seller for negligent entrustment or negligence per se; (iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, if the violation was a proximate cause of the harm for which relief is sought, including-- (I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted, or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of the qualified product; or (II) any case in which the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of the qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18, United States Code; (iv) an action for breach of contract or warranty in connection with the purchase of the product; or (v) an action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that if the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage. (B) Negligent entrustment.--As used in subparagraph (A)(ii), the term ``negligent entrustment'' means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. (C) Rule of construction.--The exceptions set forth in clauses (i) through (v) of subparagraph (A) shall be construed so as not to be in conflict, and no provision of this Act shall be construed to create a public or private cause of action or remedy. (6) Seller.--The term ``seller'' means, with respect to a qualified product-- (A) an importer (as defined in section 921(a)(9) of title 18, United States Code) who is engaged in the business as such an importer in interstate or foreign commerce and who is licensed to engage in business as such an importer under chapter 44 of title 18, United States Code; (B) a dealer (as defined in section 921(a)(11) of title 18, United States Code) who is engaged in the business as such a dealer in interstate or foreign commerce and who is licensed to engage in business as such a dealer under chapter 44 of title 18, United States Code; or (C) a person engaged in the business of selling ammunition (as defined in section 921(a)(17)(A) of title 18, United States Code) in interstate or foreign commerce at the wholesale or retail level. (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 corporation, unincorporated association, federation, business league, or professional or business organization-- (A) that is not organized or operated for profit, and no part of the net earnings of which inures to the benefit of any private shareholder or individual; (B) that is an organization described in section 501(c)(6) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (C) 2 or more members of which are manufacturers or sellers of a qualified product. (9) Unlawful misuse.--The term ``unlawful misuse'' means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product.
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against a person who has been convicted of transferring a firearm knowing that it would be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm, if the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that if the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage.
To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages or injunctive or other relief resulting from the misuse of their products by others.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Microloan Amendments and Modernization Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MICROLOAN Sec. 101. Transmission of credit reporting information. Sec. 102. Flexible credit. Sec. 103. Intermediary eligibility requirements. Sec. 104. Average loan size. Sec. 105. Technical assistance. Sec. 106. Entrepreneurs with disabilities. TITLE II--PRIME Sec. 201. Short title. Sec. 202. PRIME. Sec. 203. Conforming repeal. TITLE I--MICROLOAN SEC. 101. TRANSMISSION OF CREDIT REPORTING INFORMATION. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended by adding at the end the following: ``(14) Credit reporting information.--The Administrator shall establish a process, for use by a lender making a loan to a borrower under this subsection, under which the lender provides to the major credit reporting agencies the information about the borrower that is relevant to credit reporting, such as the payment activity of the borrower on the loan.''. SEC. 102. FLEXIBLE CREDIT. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended, in each of paragraphs (1)(B)(i) and (11)(B), by striking ``short-term,''. SEC. 103. INTERMEDIARY ELIGIBILITY REQUIREMENTS. Section 7(m)(2) of the Small Business Act (15 U.S.C. 636(m)(2)) is amended-- (1) in subparagraph (A) by striking ``paragraph (10)'' and inserting ``paragraph (11)''; and (2) by amending subparagraph (B) to read as follows: ``(B) has-- ``(i) at least-- ``(I) 1 year of experience making microloans to startup, newly established, or growing small business concerns; or ``(II) 1 full-time employee who has not less than 3 years experience making microloans to startup, newly established, or growing small business concerns; and ``(ii) at least 1 year of experience providing, as an integral part of its microloan program, intensive marketing, management, and technical assistance to its borrowers.''. SEC. 104. AVERAGE LOAN SIZE. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended by striking ``$7,500'' and inserting ``$10,000'' in each of the following places: paragraph (3)(F)(iii), paragraph (6)(C)(i), and paragraph (6)(C)(ii). SEC. 105. TECHNICAL ASSISTANCE. Section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 636(m)(4)(E)) is amended as follows: (1) Pre-loan.--Clause (i) is amended by striking ``25 percent'' and inserting ``35 percent''. (2) Third party contracts.--Clause (ii) is amended by striking ``25 percent'' and inserting ``35 percent''. SEC. 106. ENTREPRENEURS WITH DISABILITIES. Section 7(m)(1)(A)(i) of the Small Business Act (15 U.S.C. 636(m)(1)(A)(i)) is amended by inserting ``disabled,'' before ``and minority entrepreneurs''. TITLE II--PRIME SEC. 201. SHORT TITLE. This title may be cited as the ``Program for Investment in Microentrepreneurs Act'' or the ``PRIME Act''. SEC. 202. PRIME. The Small Business Act is amended-- (1) by redesignating section 37 as 99; and (2) by inserting after section 36 the following: ``SEC. 37. PRIME PROGRAM. ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Capacity building services.--The term `capacity building services' means services provided to an organization that is, or that is in the process of becoming, a microenterprise development organization or program, for the purpose of enhancing its ability to provide training and services to disadvantaged entrepreneurs. ``(2) Disadvantaged entrepreneur.--The term `disadvantaged entrepreneur' means a microentrepreneur that is-- ``(A) a very low-income person; ``(B) a low-income person; or ``(C) an entrepreneur that lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator. ``(3) Collaborative.--The term `collaborative' means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this section. ``(4) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(5) Intermediary.--The term `intermediary' means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs as authorized under subsection (d). ``(6) Low-income person.--The term `low-income person' means a person having an income, adjusted for family size, of not more than-- ``(A) for metropolitan areas, 80 percent of the area median income; and ``(B) for nonmetropolitan areas, the greater of-- ``(i) 80 percent of the area median income; or ``(ii) 80 percent of the statewide nonmetropolitan area median income. ``(7) Microentrepreneur.--The term `microentrepreneur' means the owner or developer of a microenterprise. ``(8) Microenterprise.--The term `microenterprise' means a sole proprietorship, partnership, or corporation that-- ``(A) has fewer than 5 employees; and ``(B) generally lacks access to conventional loans, equity, or other banking services. ``(9) Microenterprise development organization or program.--The term `microenterprise development organization or program' means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs. ``(10) Poverty line.--The term `poverty line' means the official poverty line defined by the Office of Management and Budget based on the most recent data available from the Bureau of the Census. The Administrator shall revise annually (or at any shorter interval the Administrator determines to be feasible and desirable) the poverty line. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. ``(11) Training and technical assistance.--The term `training and technical assistance' means services and support provided to disadvantaged entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services. ``(12) Very low-income person.--The term `very low-income person' means having an income, adjusted for family size, of not more than 150 percent of the poverty line. ``(b) Establishment of Program.--The Administrator shall establish a microenterprise technical assistance and capacity building grant program to provide assistance from the Administration in the form of grants to qualified organizations in accordance with this section. ``(c) Uses of Assistance.--A qualified organization shall use grants made under this section-- ``(1) to provide training and technical assistance to disadvantaged entrepreneurs; ``(2) to provide training and capacity building services to microenterprise development organizations and programs and groups of such organizations to assist such organizations and programs in developing microenterprise training and services; ``(3) to aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs; and ``(4) for such other activities as the Administrator determines are consistent with the purposes of this section. ``(d) Qualified Organizations.--For purposes of eligibility for assistance under this section, a qualified organization shall be-- ``(1) a nonprofit microenterprise development organization or program (or a group or collaborative thereof) that has a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs; ``(2) an intermediary; ``(3) a microenterprise development organization or program that is accountable to a local community, working in conjunction with a State or local government or Indian tribe; or ``(4) an Indian tribe acting on its own, if the Indian tribe can certify that no private organization or program referred to in this paragraph exists within its jurisdiction. ``(e) Allocation of Assistance; Subgrants.-- ``(1) Allocation of assistance.-- ``(A) In general.--The Administrator shall allocate assistance from the Administration under this section to ensure that-- ``(i) activities described in subsection (c)(1) are funded using not less than 75 percent of amounts made available for such assistance; and ``(ii) activities described in subsection (c)(2) are funded using not less than 15 percent of amounts made available for such assistance. ``(B) Limit on individual assistance.--No single person may receive more than 10 percent of the total funds appropriated under this section in a single fiscal year. ``(2) Targeted assistance.--The Administrator shall ensure that not less than 50 percent of the grants made under this section are used to benefit very low-income persons, including those residing on Indian reservations. ``(3) Subgrants authorized.-- ``(A) In general.--A qualified organization receiving assistance under this section may provide grants using that assistance to qualified small and emerging microenterprise organizations and programs, subject to such rules and regulations as the Administrator determines to be appropriate. ``(B) Limit on administrative expenses.--Not more than 7.5 percent of assistance received by a qualified organization under this section may be used for administrative expenses in connection with the making of subgrants under subparagraph (A). ``(4) Diversity.--In making grants under this section, the Administrator shall ensure that grant recipients include both large and small microenterprise organizations, serving urban, rural, and Indian tribal communities serving diverse populations. ``(5) Prohibition on preferential consideration of certain sba program participants.--In making grants under this section, the Administrator shall ensure that any application made by a qualified organization that is a participant in the program established under section 7(m) does not receive preferential consideration over applications from other qualified organizations that are not participants in such program. ``(f) Matching Requirements.-- ``(1) In general.--Financial assistance under this section shall be matched with funds from sources other than the Federal Government on the basis of not less than 50 percent of each dollar provided by the Administration. ``(2) Sources of matching funds.--Fees, grants, gifts, funds from loan sources, and in-kind resources of a grant recipient from public or private sources may be used to comply with the matching requirement in paragraph (1). ``(3) Exception.-- ``(A) In general.--In the case of an applicant for assistance under this section with severe constraints on available sources of matching funds, the Administrator may reduce or eliminate the matching requirement in paragraph (1). ``(B) Limitation.--Not more than 10 percent of the total funds made available from the Administration in any fiscal year to carry out this section may be excepted from the matching requirement in paragraph (1), as authorized by subparagraph (A). ``(g) Applications for Assistance.--An application for assistance under this section shall be submitted in such form and in accordance with such procedures as the Administrator shall establish. ``(h) Recordkeeping.-- ``(1) In general.--A qualified organization receiving assistance from the Administration under this section shall keep such records, for such periods as may be prescribed by the Administrator and necessary to disclose the manner in which any assistance under this section is used and to demonstrate compliance with the requirements of this section. ``(2) User profile information.--The Administrator shall require each qualified organization receiving assistance from the Administration under this section to compile such data, as is determined to be appropriate by the Administrator, on the gender, race, ethnicity, national origin, or other pertinent information concerning individuals that utilize the services of the assisted organization to ensure that targeted populations and low-income residents of investment areas are adequately served. ``(3) Access to records.--The Administrator shall have access on demand, for the purpose of determining compliance with this section, to any records of a qualified organization that receives assistance from the Administration under this section. ``(4) Review.--Not less than annually, the Administrator shall review the progress of each assisted organization in carrying out its strategic plan, meeting its performance goals, and satisfying the terms and conditions of its assistance agreement. ``(5) Reporting.-- ``(A) Annual reports.--The Administrator shall require each qualified organization receiving assistance from the Administration under this section to submit an annual report to the Administrator on its activities, its financial condition, and its success in meeting performance goals, in satisfying the terms and conditions of its assistance agreement, and in complying with other requirements of this section, in such form and manner as the Administrator shall specify. ``(B) Availability of reports.--The Administrator, after deleting or redacting any material as appropriate to protect privacy or proprietary interests, shall make such reports submitted under subparagraph (A) available for public inspection. ``(i) Implementation.--The Administrator shall, by regulation, establish such requirements as may be necessary to carry out this section.''. SEC. 203. CONFORMING REPEAL. Subtitle C (15 U.S.C. 6901 et seq.) of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 is repealed. Passed the House of Representatives September 4, 2007. Attest: LORRAINE C. MILLER, Clerk. By Jorge E. Sorensen, Deputy Clerk.
Microloan Amendments and Modernization Act - Title I: Microloan - (Sec. 101) Amends the Small Business Act with regard to the Microloan program (a program administered by the Small Business Administration [SBA] to provide small-scale loans to startup, newly established, or growing small businesses for working capital or the acquisition of materials, supplies, or equipment) to require the SBA Administrator to establish a process under which a lender provides to the major credit reporting agencies information about the borrower that is relevant to credit reporting (such as loan payment activity). (Sec. 102) Removes the requirement that Microloan loans be short-term only. (Sec. 103) Requires Microloan loan intermediaries to have one full-time employee who has at least three years experience making microloans. (Sec. 104) Increases from $7,500 to $10,000 the limit for loans made to intermediaries that will receive a reduced interest rate. (Sec. 105) Increases from 25% to 35% of grant funds received by Microloan intermediaries the amount that may be used to provide information and technical assistance to small businesses that are prospective borrowers. (Sec. 106) Includes disabled entrepreneurs and small business owners under the Microloan program. Title II: PRIME - Program for Investment in Microentrepreneurs Act or PRIME Act - (Sec. 202) Directs the Administrator to establish a technical assistance and capacity building grant program to provide assistance to microenterprises (small businesses with fewer than five employees and generally lacking access to conventional loans, equity, or other banking services) through grants to qualified microenterprise development organizations. Requires the Administrator to ensure that at least 50% of the grants made are used to benefit very low-income persons, including those residing on Indian reservations. Provides a 50% matching funds requirement, with an exception for applicants with severe constraints on available sources of matching funds. Outlines recordkeeping requirements for organizations receiving grants. Requires such organizations to report annually to the Administrator on its activities, financial condition, and success in meeting performance goals. (Sec. 203) Repeals provisions of the Riegle Community Development and Regulatory Improvement Act of 1994 which established a Program for Investment in Microentrepreneurs (PRIME).
To amend the Small Business Act to improve the Microloan program, and for other purposes.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Newborn Screening Saves Lives Reauthorization 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. Improved newborn and child screening and followup for heritable disorders. Sec. 3. Evaluating the effectiveness of newborn and child screening and followup programs. Sec. 4. Advisory Committee on Heritable Disorders in Newborns and Children. Sec. 5. Clearinghouse of Newborn Screening Information. Sec. 6. Laboratory quality and surveillance. Sec. 7. Interagency Coordinating Committee on Newborn and Child Screening. Sec. 8. National contingency plan for newborn screening. Sec. 9. Hunter Kelly Research Program. Sec. 10. Authorization of appropriations. Sec. 11. Reports to Congress. Sec. 12. Informed consent for newborn screening research. SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOWUP FOR HERITABLE DISORDERS. Section 1109 of the Public Health Service Act (42 U.S.C. 300b-8) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``subsection (j)'' and inserting ``section 1117''; and (ii) by striking ``and in consultation with the Advisory Committee'' and inserting ``and taking into consideration the expertise of the Advisory Committee''; (B) by amending paragraph (2) to read as follows: ``(2) to assist in providing health care professionals and newborn screening laboratory personnel with education in newborn screening, counseling, and training in-- ``(A) relevant and new technologies in newborn screening and congenital, genetic, and metabolic disorders; ``(B) the importance of the timeliness of collection, delivery, receipt, and screening of specimens; and ``(C) sharing of medical and diagnostic information with providers and families;''; (C) in paragraph (3), by striking ``and'' at the end; (D) in paragraph (4)-- (i) by striking ``treatment'' and inserting ``followup and treatment''; and (ii) by striking the period and inserting ``; and''; and (E) by adding at the end the following: ``(5) to improve the timeliness of-- ``(A) the collection, delivery, receipt, and screening of specimens; and ``(B) the diagnosis of heritable disorders in newborns.''; (2) in subsection (c), by striking ``application submitted for a grant under subsection (a)(1)'' and inserting ``application for a grant under this section''; (3) in subsection (h), by striking ``application submitted under subsection (c)(2)'' each place it appears and inserting ``application for a grant under this section''; and (4) by striking subsection (j) (relating to authorization of appropriations). SEC. 3. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING AND FOLLOWUP PROGRAMS. Section 1110 of the Public Health Service Act (42 U.S.C. 300b-9) is amended-- (1) in the section heading, by inserting ``and followup'' after ``child screening''; (2) in subsection (a), by striking ``of screening,'' and inserting ``, including with respect to timeliness, of screening, followup,''; (3) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``counseling, testing'' and inserting ``treatment, counseling, testing, followup,''; and (ii) by inserting before the semicolon the following: ``, including, as appropriate, through the assessment of health and development outcomes for such children through adolescence''; (B) in paragraph (2)-- (i) by striking ``counseling, testing'' and inserting ``treatment, counseling, testing, followup,''; (ii) by inserting ``in a timely manner'' after ``in newborns and children''; and (iii) by striking ``or'' at the end; (C) in paragraph (3), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) methods that may be identified to improve quality in the diagnosis, treatment, and disease management of heritable disorders based on gaps in services or care; or ``(5) methods or best practices by which the eligible entities described in section 1109 can achieve in a timely manner-- ``(A) collection, delivery, receipt, and screening of newborn screening specimens; and ``(B) diagnosis of heritable disorders in newborns.''; and (4) by striking subsection (d) (relating to authorization of appropriations). SEC. 4. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; (B) by inserting after paragraph (3), the following: ``(4) provide technical assistance, as appropriate, to individuals and organizations regarding the submission of nominations to the uniform screening panel, including prior to the submission of such nominations; ``(5) take appropriate steps, at its discretion, to prepare for the review of nominations prior to their submission, including for conditions for which a screening method has been validated but other nomination criteria are not yet met, in order to facilitate timely action by the Advisory Committee once such submission has been received by the Committee;''; (C) in paragraph (6) (as so redesignated), by inserting ``, including the cost'' after ``public health impact''; and (D) in paragraph (8) (as so redesignated)-- (i) in subparagraph (A), by striking ``achieve rapid diagnosis'' and inserting ``achieve best practices in rapid diagnosis and appropriate treatment''; (ii) in subparagraph (D), by inserting before the semicolon ``, including information on cost and incidence''; (iii) in subparagraph (J), by striking ``and'' at the end; (iv) in subparagraph (K), by striking the period and inserting ``; and''; and (v) by adding at the end the following: ``(L) the timeliness of collection, delivery, receipt, and screening of specimens to be tested for heritable disorders in newborns in order to ensure rapid diagnosis and followup.''; (2) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``180'' and inserting ``120''; and (ii) by adding at the end the following: ``If the Secretary is unable to make a determination to adopt or reject such recommendation within such 120-day period, the Secretary shall notify the Advisory Committee and the appropriate committees of Congress of such determination together with an explanation for why the Secretary was unable to comply within such 120-day period, as well as a plan of action for consideration of such pending recommendation.''; (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); and (D) by adding at the end the following: ``(3) Deadline for review.--For each condition nominated to be added to the recommended uniform screening panel in accordance with the requirements of this section, the Advisory Committee shall review and vote on the nominated condition within 9 months of the date on which the Advisory Committee referred the nominated condition to the condition review workgroup.''; (3) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (4) by inserting after subsection (e) the following new subsection: ``(f) Meetings.--The Advisory Committee shall meet at least 4 times each calendar year, or at the discretion of the Designated Federal Officer in consultation with the Chair.''; (5) by amending subsection (g) (as so redesignated) to read as follows: ``(g) Continuation of Operation of Committee.-- ``(1) In general.--Notwithstanding section 14 of the Federal Advisory Committee Act, the Advisory Committee shall continue to operate through the end of fiscal year 2019. ``(2) Continuation if not reauthorized.--If at the end of fiscal year 2019 the duration of the Advisory Committee has not been extended by statute, the Advisory Committee may be deemed, for purposes of the Federal Advisory Committee Act, an advisory committee established by the President or an officer of the Federal Government under section 9(a) of such Act.''; and (6) by striking subsection (h) (relating to authorization of appropriations), as redesignated by paragraph (3). SEC. 5. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112 of the Public Health Service Act (42 U.S.C. 300b-11) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3)-- (i) by striking ``data'' and inserting ``information''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(4) maintain current information on the number of conditions for which screening is conducted in each State; and ``(5) disseminate available evidence-based guidelines related to diagnosis, counseling, and treatment with respect to conditions detected by newborn screening.''; (2) in subsection (b)(4)(D), by striking ``Newborn Screening Saves Lives Act of 2008'' and inserting ``Newborn Screening Saves Lives Reauthorization Act of 2014''; (3) in subsection (c)-- (A) by striking ``developing the clearinghouse'' and inserting ``carrying out activities''; and (B) by striking ``clearinghouse minimizes duplication and supplements, not supplants'' and inserting ``activities minimize duplication and supplement, not supplant''; and (4) by striking subsection (d) (relating to authorization of appropriations). SEC. 6. LABORATORY QUALITY AND SURVEILLANCE. Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12) is amended-- (1) in the section heading, by inserting ``and surveillance'' before the period; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``and in consultation with the Advisory Committee'' and inserting ``and taking into consideration the expertise of the Advisory Committee''; and (B) in paragraph (1), by inserting ``timeliness for processing such tests,'' after ``newborn-screening tests,''; and (3) by striking subsection (b) (relating to authorization of appropriations) and inserting the following: ``(b) Surveillance Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and taking into consideration the expertise of the Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111, may provide, as appropriate, for the coordination of surveillance activities, including-- ``(1) through standardized data collection and reporting, as well as the use of electronic health records; and ``(2) by promoting data sharing regarding newborn screening with State-based birth defects and developmental disabilities monitoring programs.''. SEC. 7. INTERAGENCY COORDINATING COMMITTEE ON NEWBORN AND CHILD SCREENING. Section 1114 of the Public Health Service Act (42 U.S.C. 300b-13) is amended-- (1) in subsection (c), by striking ``the Administrator, the Director of the Agency for Healthcare Research and Quality,'' and inserting ``the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs,''; and (2) by striking subsection (e) (relating to authorization of appropriations). SEC. 8. NATIONAL CONTINGENCY PLAN FOR NEWBORN SCREENING. Section 1115(a) of the Public Health Service Act (42 U.S.C. 300b- 14(a)) is amended-- (1) by striking ``consortia'' and inserting ``consortium''; and (2) by adding at the end the following: ``The plan shall be updated as needed and at least every five years.''. SEC. 9. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. 300b-15) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) by redesignating subparagraph (C) as subparagraph (E); and (C) by inserting after subparagraph (B) the following: ``(C) providing research findings and data for newborn conditions under review by the Advisory Committee on Heritable Disorders in Newborns and Children to be added to the recommended uniform screening panel; ``(D) conducting pilot studies on conditions recommended by the Advisory Committee on Heritable Disorders in Newborns and Children to ensure that screenings are ready for nationwide implementation; and''; and (2) in subsection (c), by striking ``of the National Institutes of Health Reform Act of 2006''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Part A of title XI of the Public Health Service Act (42 U.S.C. 300b-1 et seq.) is amended by adding at the end, the following: ``SEC. 1117. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. ``There are authorized to be appropriated-- ``(1) to carry out sections 1109, 1110, 1111, and 1112, $11,900,000 for each of fiscal years 2015 through 2019; and ``(2) to carry out section 1113, $8,000,000 for each of fiscal years 2015 through 2019.''. SEC. 11. REPORTS TO CONGRESS. (a) GAO Report on Timeliness of Newborn Screening.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning the timeliness of screening for heritable disorders in newborns. (2) Contents.--The report submitted under paragraph (1) shall include the following: (A) An analysis of information regarding the timeliness of newborn screening, which may include the time elapsed from birth to specimen collection, specimen collection to receipt by laboratory, specimen receipt to reporting, reporting to followup testing, and followup testing to confirmed diagnosis. (B) A summary of any guidelines, recommendations, or best practices available to States and health care providers intended to support a timely newborn screening system. (C) An analysis of any barriers to maintaining a timely newborn screening system which may exist and recommendations for addressing such barriers. (b) Report by Secretary.-- (1) In general.--The Secretary of Health and Human Services shall-- (A) not later than 1 year after the date of enactment of this Act, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on activities related to-- (i) newborn screening; and (ii) screening children who have or are at risk for heritable disorders; and (B) not less than every 2 years, submit to such committees an updated version of such report. (2) Contents.--The report submitted under this subsection shall contain a description of-- (A) the ongoing activities under sections 1109, 1110, and 1112 through 1115 of the Public Health Service Act; and (B) the amounts expended on such activities. SEC. 12. INFORMED CONSENT FOR NEWBORN SCREENING RESEARCH. (a) In General.--Research on newborn dried blood spots shall be considered research carried out on human subjects meeting the definition of section 46.102(f)(2) of title 45, Code of Federal Regulations, for purposes of Federally funded research conducted pursuant to the Public Health Service Act until such time as updates to the Federal Policy for the Protection of Human Subjects (the Common Rule) are promulgated pursuant to subsection (c). For purposes of this subsection, sections 46.116(c) and 46.116(d) of title 45, Code of Federal Regulations, shall not apply. (b) Effective Date.--Subsection (a) shall apply only to newborn dried blood spots used for purposes of Federally funded research that were collected not earlier than 90 days after the date of enactment of this Act. (c) Regulations.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate proposed regulations related to the updating of the Federal Policy for the Protection of Human Subjects (the Common Rule), particularly with respect to informed consent. Not later than 2 years after such date of enactment, the Secretary shall promulgate final regulations based on such proposed regulations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
(This measure has not been amended since it was passed by the Senate on December 8, 2014. Newborn Screening Saves Lives Reauthorization Act of 2014 - (Sec. 2) Amends the Public Health Service Act to revise and extend through FY2019 a grant program for screening, counseling, and other services related to heritable disorders that can be detected in newborns. Allows grants to be used to improve timeliness of newborn screening and provide training to health care professionals on the importance of timely screening and on the sharing of medical and diagnostic information with providers and families. (Sec. 3) Extends through FY2019 a grant program to evaluate the effectiveness of screening, counseling, or health care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children. Expands the program to include evaluation of health outcomes through adolescence and best practices for timely screening of newborns. (Sec. 4) Extends for five years the operation of the Advisory Committee on Heritable Disorders in Newborns and Children. Authorizes the Secretary of Health and Human Services (HHS) to continue the Advisory Committee after such time. (Sec. 5) Extends through FY2019 the clearinghouse for newborn screening information. Expands the duties of the clearinghouse to include: (1) maintaining current information on the number of conditions for which screening is conducted in each state; and (2) disseminating guidelines for diagnosis, counseling, and treatment of conditions detected by newborn screening. (Sec. 6) Extends through FY2019 requirements for the Director of the Centers for Disease Control and Prevention (CDC) to provide for quality assurance of laboratories involved in screening newborns and children for heritable disorders. Authorizes the Director to coordinate surveillance activities, including through standardized data collection and reporting and electronic health records. (Sec. 7) Makes permanent the Interagency Coordinating Committee on Newborn and Child Screening. Adds the Administrator of the Health Resources and Services Administration and the Commissioner of Food and Drugs (FDA) to this committee. (Sec. 8) Requires the Director to update the national contingency plan for newborn screening at least every five years. (Sec. 9) Authorizes the Secretary to expand the Hunter Kelly Newborn Screening Research Program to: (1) provide research and data for newborn conditions under review by the Advisory Committee to be added to the Recommended Uniform Screening Panel, and (2) conduct pilot studies on conditions recommended by the Advisory Committee to ensure that screenings are ready for nationwide implementation. (Sec. 11) Requires the Comptroller General (GAO) to report on the timeliness of newborn screening. Requires the Secretary to report on newborn screening activities and expenditures. (Sec. 12) Directs HHS to update the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, not later than two years after enactment of this Act. Applies the following provisions until HHS updates the Common Rule: requires federally funded research on newborn dried blood spots to be considered research on human subjects (which requires the informed consent of the subject), and eliminates the ability of an institutional review board to waive informed consent requirements for research on newborn dried blood spots.
Newborn Screening Saves Lives Reauthorization Act of 2014
SECTION 1. SHORT TITLE. This Act may be cited as the ``Craft Beverage Bond Simplification Act of 2015''. SEC. 2. REMOVAL OF BOND REQUIREMENTS AND EXTENDING FILING PERIODS FOR CERTAIN TAXPAYERS WITH LIMITED EXCISE TAX LIABILITY. (a) Filing Requirements.--Paragraph (4) of section 5061(d) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)-- (A) by striking ``In the case of'' and inserting the following: ``(i) More than $1,000 and not more than $50,000 in taxes.--Except as provided in clause (ii), in the case of'', (B) by striking ``under bond for deferred payment'', and (C) by adding at the end the following new clause: ``(ii) Not more than $1,000 in taxes.--In the case of any taxpayer who reasonably expects to be liable for not more than $1,000 in taxes imposed with respect to distilled spirits, wines, and beer under subparts A, C, and D and section 7652 for the calendar year and who was liable for not more than $1,000 in such taxes in the preceding calendar year, the last day for the payment of tax on withdrawals, removals, and entries (and articles brought into the United States from Puerto Rico) shall be the 14th day after the last day of the calendar year.'', and (2) in subparagraph (B)-- (A) by striking ``Subparagraph (A)'' and inserting the following: ``(i) Exceeds $50,000 limit.--Subparagraph (A)(i)'', and (B) by adding at the end the following new clause: ``(ii) Exceeds $1,000 limit.--Subparagraph (A)(ii) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under subparts A, C, and D and section 7652 from such taxpayer during such calendar year exceeds $1,000, and any tax under such subparts which has not been paid on such date shall be due on the 14th day after the last day of the calendar quarter in which such date occurs.''. (b) Bond Requirements.-- (1) In general.--Section 5551 of such Code is amended-- (A) in subsection (a), by striking ``No individual'' and inserting ``Except as provided under subsection (d), no individual'', and (B) by adding at the end the following new subsection: ``(d) Removal of Bond Requirements.-- ``(1) In general.--During any period to which subparagraph (A) of section 5061(d)(4) applies to a taxpayer (determined after application of subparagraph (B) thereof), such taxpayer shall not be required to furnish any bond covering operations or withdrawals of distilled spirits, wines, or beer. ``(2) Satisfaction of bond requirements.--Any taxpayer for any period described in paragraph (1) shall be treated as if sufficient bond has been furnished for purposes of covering operations and withdrawals of distilled spirits, wines, or beer for purposes of any requirements relating to bonds under this chapter.''. (2) Conforming amendments.-- (A) Bonds for distilled spirits plants.--Section 5173(a) of such Code is amended-- (i) in paragraph (1), by striking ``No person'' and inserting ``Except as provided under section 5551(d), no person'', and (ii) in paragraph (2), by striking ``No distilled spirits'' and inserting ``Except as provided under section 5551(d), no distilled spirits''. (B) Bonded wine cellars.--Section 5351 of such Code is amended-- (i) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', (ii) by inserting ``, except as provided under section 5551(d),'' before ``file bond'', (iii) by striking ``Such premises shall'' and all that follows through the period, and (iv) by adding at the end the following new subsection: ``(b) Definitions.--For purposes of this chapter-- ``(1) Bonded wine cellar.--The term `bonded wine cellar' means any premises described in subsection (a), including any such premises established by a taxpayer described in section 5551(d). ``(2) Bonded winery.--At the discretion of the Secretary, any bonded wine cellar that engages in production operations may be designated as a `bonded winery'.''. (C) Bonds for breweries.--Section 5401 of such Code is amended by adding at the end the following new subsection: ``(c) Exception From Bond Requirements for Certain Breweries.-- Subsection (b) shall not apply to any taxpayer for any period described in section 5551(d).''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.
Craft Beverage Bond Simplification Act of 2015 This bill allows taxpayers who are liable for not more than $50,000 per year in excise taxes on distilled spirits, wine, or beer to file and pay such taxes quarterly without the requirement to post a bond covering the operations and withdrawals of such distilled spirits, wines, or beer. The bill also allows such a taxpayer who reasonably expects to have a tax liability of not more than $1,000 per year and who was liable for not more than $1,000 in taxes in the preceding calendar year to file and pay such taxes annually rather than quarterly.
Craft Beverage Bond Simplification Act of 2015
SECTION 1. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS. (a) Definitions.--In this section: (1) Apalachicola-Chattahoochee-Flint projects.--The term ``Apalachicola-Chattahoochee-Flint projects'' means the Federal water resources projects on the Apalachicola, Chattahoochee, and Flint Rivers in the States of Alabama, Florida, and Georgia authorized by section 2 of the Act of March 2, 1945 (59 Stat. 17, chapter 19; 60 Stat. 635, chapter 595) and section 203 of the Flood Control Act of 1962 (76 Stat. 1182), including-- (A) Buford Dam and Reservoir; (B) West Point Dam and Reservoir; (C) George W. Andrews Dam and Reservoir; (D) Walter F. George Dam and Reservoir; and (E) Jim Woodruff Dam and Reservoir. (2) Freshwater flows.--The term ``freshwater flows'' means the quality, quantity, timing, and variability of freshwater flows required-- (A) to support and reestablish-- (i) the physical, chemical, biological, and overall ecological integrity of the components, functions, and natural processes required for a thriving and resilient Chattahoochee River, Apalachicola River, Apalachicola River floodplain, and Apalachicola Bay; (ii) commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, including the Gulf of Mexico; and (iii) thriving and diverse fish, wildlife, and plant populations having species composition, diversity, adaptability, and functional organization similar to those found in the Chattahoochee River and Apalachicola River ecosystems prior to construction of the Apalachicola-Chattahoochee-Flint projects; (B) to restore and recover species that are endangered, threatened, or at risk; and (C) to prevent significantly harmful adverse impacts to the Chattahoochee River and Apalachicola River ecosystems. (b) Project Modification.--Notwithstanding any authorized purpose of the Apalachicola-Chattahoochee-Flint projects, the Secretary shall operate the Apalachicola-Chattahoochee-Flint projects in a manner that ensures the maintenance of freshwater flows. (c) Revision of Water Control Manuals.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall complete the ongoing revision of the water control manuals for the Apalachicola- Chattahoochee-Flint projects and issue revised water control manuals for those projects that ensure the maintenance of freshwater flows. (2) Operational modifications.--In carrying out paragraph (1), the Secretary shall ensure that operational modifications needed to maintain freshwater flows are achieved, to the maximum extent practicable, while providing system-wide balance in conservation storage through the maintenance of water levels within the same action zone for each of the Apalachicola- Chattahoochee-Flint project reservoirs. (3) Independent peer review of water control manuals.-- (A) In general.--The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall carry out an independent peer review of each revised water control manual, as required under section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343). (B) Compliance.--Each independent peer review under this paragraph shall comply with section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343). (4) Final approval.--Before a final water control manual may be issued, the Secretary shall obtain written approval of each water control manual developed under this subsection from-- (A) the Administrator of the Environmental Protection Agency; (B) the Director of the United States Fish and Wildlife Service; (C) the Director of the National Oceanic and Atmospheric Administration; and (D) the Director of the United States Geological Survey. (d) Applicability of Other Federal and State Laws.--Except as provided in subsection (b), nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to the Apalachicola-Chattahoochee- Flint projects.
Directs the Department of the Army to operate the Apalachicola-Chattahoochee-Flint federal water resources projects on the Apalachicola, Chattahoochee, and Flint Rivers in Alabama, Florida, and Georgia in a manner that ensures the maintenance of freshwater flows. Defines "freshwater flows" to mean the quality, quantity, timing, and variability of freshwater flows required to: (1) support and reestablish the ecological integrity of the rivers, commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, and thriving and diverse fish, wildlife, and plant populations having species composition, diversity, adaptability, and functional organization similar to those found prior to construction of the Apalachicola-Chattahoochee-Flint projects; (2) restore and recover species that are endangered, threatened, or at risk; and (3) prevent significantly harmful adverse impacts to the Chattahoochee and Apalachicola River ecosystems. Requires the Army to: (1) complete the ongoing revision of the water control manuals for such projects and issue revised manuals that ensure the maintenance of freshwater flows; (2) ensure that operational modifications needed to maintain freshwater flows are achieved while providing system-wide balance in conservation storage through the maintenance of water levels within the same action zone for each of the project reservoirs; (3) enter into an arrangement for the National Academy of Sciences to carry out an independent peer review of each revised manual; and (4) obtain written approval from the Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and the U.S. Geological Survey of each manual developed before a final manual may be issued.
To direct the Secretary of the Army to provide for modification of certain Federal water resources development projects on the Apalachicola, Chattahoochee, and Flint Rivers, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Crimes Accountability Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) strengthen the efforts of the Department of Justice and Federal, State, and local agencies to investigate and prosecute significant financial crimes; (2) recover the proceeds of such crimes; and (3) ensure just and effective punishment of those who perpetrate financial crimes. SEC. 3. ESTABLISHMENT. (a) In General.--The Attorney General shall establish within the Department of Justice a Special Joint Task Force on Financial Crimes (referred to in this Act as the ``Task Force'') whose focus shall be the investigation and prosecution of fraud, misrepresentation, malfeasance, or related crimes with respect to development, advertising, brokerage, or sale of financial products including derivatives, mortgage-backed securities, credit default swaps, and subprime loans, or related services committed by public or private commercial entities and directors, officers, professional advisers, and employees thereof (referred to in this Act as ``financial crimes''). (b) Authority.--The Task Force shall be subject to the authority of the Attorney General under applicable law. SEC. 4. MEMBERSHIP AND OPERATION. (a) In General.--Subject to section 6, the Task Force shall have the following members: (1) The Deputy Attorney General, who shall serve as Chair. (2) The Assistant Attorney General (Criminal Division). (3) The Assistant Attorney General (Tax Division). (4) The Director of the Federal Bureau of Investigation. (5) The United States Attorney for the Southern District of New York. (6) The United States Attorney for the Eastern District of New York. (7) Such other United States Attorneys as the Attorney General may from time to time designate. (8) Such other officers or employees of the Department of Justice as the Attorney General may from time to time designate. (b) Operation.--The Deputy Attorney General-- (1) shall convene and direct the work of the Task Force in fulfilling all its functions under this Act; (2) may permit, when he deems it appropriate, the designee of a member of the Task Force, including those designated under section 6, to participate in lieu of the member; and (3) shall convene the first meeting of the Task Force not later than 10 days after the date of enactment of this Act and shall thereafter convene the Task Force at such times as he or she deems appropriate, but not less than once per month. SEC. 5. FUNCTIONS. Consistent with the constitutional authority of the President, the authorities assigned to the Attorney General by law, and other applicable law, the Task Force shall-- (1) provide direction for the investigation and prosecution of cases of financial crimes when such cases are determined by the Deputy Attorney General, for purposes of this Act, to be significant; (2) provide recommendations to the Attorney General for allocation and reallocation of resources of the Department of Justice for investigation and prosecution of significant financial crimes, recovery of proceeds from such crimes to the extent permitted by law, and other matters determined by the Task Force from time to time to be of the highest priority in the investigation and prosecution of such crimes; and (3) make recommendations to the President, through the Attorney General, from time to time for-- (A) action to enhance cooperation among departments, agencies, and entities of the Federal Government in the investigation and prosecution of significant financial crimes; (B) action to enhance cooperation among Federal, State, and local authorities responsible for the investigation and prosecution of significant financial crimes; (C) changes in rules, regulations, or policy to improve the effective investigation and prosecution of significant financial crimes; and (D) recommendations to the Congress regarding such measures as the President may judge necessary and expedient relating to significant financial crimes, or the investigation or prosecution thereof. SEC. 6. ADDITIONAL PARTICIPATION FOR SPECIFIED FUNCTIONS. In the Task Force's performance of the functions set forth in section 5, and to the extent permitted by law, the following officers of the executive branch shall be members of the Task Force in addition to such other officers of the Federal Government as the Deputy Attorney General deems appropriate: (1) The Secretary of the Treasury. (2) The Chairman of the Securities and Exchange Commission. (3) The Inspectors General from relevant agencies and departments. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Financial Crimes Accountability Act of 2008 - Directs the Attorney General to establish within the Department of Justice (DOJ) a Special Joint Task Force on Financial Crimes to: (1) provide direction for the investigation and prosecution of financial crimes (i.e., fraud, misrepresentation, or malfeasance involving financial products); and (2) make recommendations to the Attorney General and the President on allocating resources and coordinating governmental efforts to investigate and prosecute financial crimes.
A bill to establish a Special Joint Task Force on Financial Crimes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering America Act of 2006''. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2015''. (b) Modification of Maximum Credit.--Paragraph (1) of section 25D(b) of such Code (relating to limitations) is amended to read as follows: ``(1) Maximum credit.--The credit allowed under subsection (a) for any taxable year shall not exceed-- ``(A) $2,000 with respect to each half kilowatt of capacity of qualified photovoltaic property for which qualified photovoltaic property expenditures are made, ``(B) $2,000 with respect to any qualified solar water heating property expenditures, and ``(C) $500 with respect to each half kilowatt of capacity of qualified fuel cell property (as defined in section 48(c)(1)) for which qualified fuel cell property expenditures are made.''. (c) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25D(b) of such Code (as amended by subsection (b)) is amended by adding at the end the following new paragraph: ``(3) Credit allowed against alternative minimum tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A of part IV of subchapter A and section 27 for the taxable year.''. (2) Conforming amendment.--Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. (a) Extension.--Subsection (g) of section 25C of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2015''. (b) Modification of Credit Amount.--Section 25C of such Code (relating to nonbusiness energy property) is amended-- (1) in subsection (a)(1), by striking ``10 percent'' and inserting ``15 percent'', and (2) in subsection (b)-- (A) in paragraph (1), by striking ``$500'' and inserting ``$1,000'', (B) in paragraph (2), by striking ``$200'' and inserting ``$500'', and (C) in paragraph (3)-- (i) in subparagraph (A), by striking ``$50'' and inserting ``$150'', (ii) in subparagraph (B), by striking ``$150'' and inserting ``$300'', and (iii) in subparagraph (C), by striking ``$300'' and inserting ``$500''. (c) Credit Allowed Against Alternative Minimum Tax.--Section 25C(b) of such Code (as amended by subsection (b)(2)) is amended by adding at the end the following new paragraph: ``(4) Credit allowed against alternative minimum tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A of part IV of subchapter A and section 27 for the taxable year.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. EXTENSION AND MODIFICATION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. (a) Extension.--Subsection (h) of section 179D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2015''. (b) Modification of Maximum Deduction.--Subparagraph (A) of section 179D(b)(1)(A) of such Code (relating to maximum amount of deduction) is amended by striking ``$1.80'' and inserting ``$2.00''. (c) Modification of Partial Allowance.--Subparagraph (A) of section 179D(d)(1) of such Code (relating to partial allowance) is amended in the flush text following clause (ii) by striking ``substituting `$.60' for `$1.80''' and inserting ``substituting `$.75' for `$2.00'''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 5. EXTENSION OF ENERGY CREDIT FOR EQUIPMENT WHICH USES SOLAR ENERGY. (a) In General.--Subsection (a) of section 48 of the Internal Revenue Code of 1986 (relating to energy credit) is amended-- (1) in paragraph (2)(A)(i)(II) by striking ``2008'' and inserting ``2015'', and (2) in paragraph (3)(A)(ii) by striking ``2008'' and inserting ``2015''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 6. STUDY ON EFFECTIVENESS OF ENERGY EFFICIENCY TAX INCENTIVES. (a) Study.--The Secretary of Energy, in collaboration with the Secretary of the Treasury, shall conduct a study on the effectiveness of the conservation and energy efficiency tax incentives enacted in subtitle C of the Energy Tax Incentives Act of 2005 that includes an analysis of the rate of participation with respect to such tax incentives and recommendations for additional measures that could be taken to increase the rate of participation. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to Congress a report on the results of the study conducted pursuant to subsection (a). SEC. 7. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS. Section 124(f) of the Energy Policy Act of 2005 (42 U.S.C. 15821(f)) is amended by striking ``2010'' and inserting ``2015''. SEC. 8. SOLAR ENERGY SYSTEMS BUILDING PERMIT REQUIREMENTS FOR RECEIPT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304) is amended by adding at the end the following new subsection: ``(n) Requirements for Building Permits Regarding Solar Energy Systems.-- ``(1) In general.--A grant under section 106 for a fiscal year may be made only if the grantee certifies to the Secretary that-- ``(A) in the case of a grant under section 106(a) for any Indian tribe or insular area, during such fiscal year the cost of any permit or license, for construction or installation of any solar energy system for any structure, that is required by the tribe or insular area or by any other unit of general local government or other political subdivision of such tribe or insular area, complies with paragraph (2); ``(B) in the case of a grant under section 106(b) for any metropolitan city or urban county, during such fiscal year the cost of any permit or license, for construction or installation of any solar energy system for any structure, that is required by the metropolitan city or urban county, or by any other political subdivision of such city or county, complies with paragraph (2); and ``(C) in the case of a grant under section 106(d) for any State, during such fiscal year the cost of any permit or license, for construction or installation of any solar energy system for any structure, that is required by the State, or by any other unit of general local government within any nonentitlement area of such State, or other political subdivision within any nonentitlement area of such State or such a unit of general local government, complies with paragraph (2). ``(2) Limitation on cost.--The cost of permit or license for construction or installation of any solar energy system complies with this paragraph only if such cost does not exceed the following amount: ``(A) Residential structures.--In the case of a structure primarily for residential use, $500. ``(B) Nonresidential structures.--In the case of a structure primarily for nonresidential use, 1.0 percent of the total cost of the installation or construction of the solar energy system. ``(3) Noncompliance.--If the Secretary determines that a grantee of a grant made under section 106 is not in compliance with a certification under paragraph (1)-- ``(A) the Secretary shall notify the grantee of such determination; and ``(B) if the grantee has not corrected such noncompliance before the expiration of the 6-month period beginning upon notification under subparagraph (A), such grantee shall not be eligible for a grant under section 106 for the first fiscal year that commences after the expiration of such 6-month period. ``(4) Solar energy system.--For purposes of this subsection, the term `solar energy system' means, with respect to a structure, equipment that uses solar energy to generate electricity for, or to heat or cool (or provide hot water for use in), such structure.''. SEC. 9. PROHIBITION OF RESTRICTIONS ON RESIDENTIAL INSTALLATION OF SOLAR ENERGY SYSTEM. (a) Regulations.--Within 180 days after the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Secretary of Energy, shall issue regulations-- (1) to prohibit any private covenant, contract provision, lease provision, homeowners' association rule or bylaw, or similar restriction, that impairs the ability of the owner or lessee of any residential structure designed for occupancy by one family to install, construct, maintain, or use a solar energy system on such residential property; and (2) to require that whenever any such covenant, provision, rule or bylaw, or restriction requires approval for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. (b) Contents.--Such regulations shall provide that-- (1) such a covenant, provision, rule or bylaw, or restriction impairs the installation, construction, maintenance, or use of a solar energy system if it-- (A) unreasonably delays or prevents installation, maintenance, or use; (B) unreasonably increases the cost of installation, maintenance, or use; or (C) precludes use of such a system; and (2) any fee or cost imposed on the owner or lessee of such a residential structure by such a covenant, provision, rule or bylaw, or restriction shall be considered unreasonable if-- (A) such fee or cost is not reasonable in comparison to the cost of the solar energy system or the value of its use; or (B) treatment of solar energy systems by the covenant, provision, rule or bylaw, or restriction is not reasonable in comparison with treatment of comparable systems by the same covenant, provision, rule or bylaw, or restriction. (c) Solar Energy System.--For purposes of this section, the term ``solar energy system'' means, with respect to a structure, equipment that uses solar energy to generate electricity for, or to heat or cool (or provide hot water for use in), such structure. SEC. 10. CENTER FOR ADVANCED SOLAR RESEARCH. (a) Establishment.--The Secretary of Energy shall establish a Center for Advanced Solar Research and Development within the Office of Energy Efficiency and Renewable Energy to carry out an advanced solar research and development program to coordinate and promote the further development of solar technologies. This program shall include a competitive grant program for academia and private research in solar technologies. The Center shall serve as a clearinghouse for United States solar research and development, supporting research, development, and demonstration of advanced solar energy systems. The Center shall advance-- (1) performance, reliability, environmental impact, and cost-competiveness of solar thermal and photovoltaic technologies; (2) large-scale photovoltaic and solar thermal power plants; (3) thermal and electricity storage technologies to enhance the dispatchability of solar energy; (4) fuel production technologies using solar energy; (5) innovation in manufacturing techniques and processes for solar energy systems; (6) materials and devices to improve photovoltaic conversion efficiencies and reduce costs; (7) policy analysis aimed at increasing use of solar energy technologies, and monitoring the effectiveness of existing policies; and (8) comprehensive solar systems integration. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $250,000,000 for each of the fiscal years 2007 through 2011, to remain available until expended.
Empowering America Act of 2006 - Amends the Internal Revenue Code to increase and extend through 2015: (1) the tax credit for residential energy efficient property; (2) the tax credit for nonbusiness energy property; and (3) the tax deduction for energy efficient commercial buildings. Extends through 2015 the energy tax credit for equipment which uses solar energy. Amends the Energy Policy Act of 2005 to extend through FY2015 funding of energy efficient appliance rebate programs. Amends the Housing and Community Development Act of 1974 to require that states, counties, and Indian tribes which receive community development block grants limit the cost of permits or licenses for the construction or installation of solar energy systems in residential and nonresidential structures. Directs the Secretary of Housing and Urban Development to issue regulations to prohibit restrictions on the installation, construction, maintenance, or use of a solar energy system in a single family residence. Directs the Secretary of Energy to: (1) study the effectiveness of the conservation and energy efficiency tax incentives enacted by the Energy Tax Incentives Act of 2005 and report to Congress on such study; and (2) establish a Center for Advanced Solar Research and Development.
To amend the Internal Revenue Code of 1986 to extend and modify conservation and energy efficiency tax incentives, to extend the energy efficient appliance rebate program, to establish the Center for Advanced Solar Research, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Education and Awareness Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to establish a 4-year pilot program to provide information and educational materials to small business concerns regarding health insurance options, including coverage options within the small group market. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Small Business Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration, acting through the Associate Administrator for Small Business Development Centers. (3) Association.--The term ``association'' means an association established under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of small business development centers. (4) Participating small business development center.--The term ``participating small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648) that-- (A) is certified under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)); and (B) receives a grant under the pilot program. (5) Pilot program.--The term ``pilot program'' means the small business health insurance information pilot program established under this Act. (6) Small business concern.--The term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632). (7) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. SEC. 4. SMALL BUSINESS HEALTH INSURANCE INFORMATION PILOT PROGRAM. (a) Authority.--The Administrator shall establish a pilot program to make grants to small business development centers to provide information and educational materials regarding health insurance options, including coverage options within the small group market, to small business concerns. (b) Applications.-- (1) Posting of information.--Not later than 90 days after the date of enactment of this Act, the Administrator shall post on the website of the Administration and publish in the Federal Register a guidance document describing-- (A) the requirements of an application for a grant under the pilot program; and (B) the types of informational and educational materials regarding health insurance options to be created under the pilot program, including by referencing such materials developed by the Healthcare Leadership Council. (2) Submission.--A small business development center desiring a grant under the pilot program shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (c) Selection of Participating SBDCs.-- (1) In general.--The Administrator shall select not more than 20 small business development centers to receive a grant under the pilot program. (2) Selection of programs.--In selecting small business development centers under paragraph (1), the Administrator may not select-- (A) more than 2 programs from each of the groups of States described in paragraph (3); and (B) more than 1 program in any State. (3) Groupings.--The groups of States described in this paragraph are the following: (A) Group 1.--Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. (B) Group 2.--Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands. (C) Group 3.--Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. (D) Group 4.--Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. (E) Group 5.--Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. (F) Group 6.--Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. (G) Group 7.--Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas. (H) Group 8.--Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. (I) Group 9.--Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona. (J) Group 10.--Group 10 shall consist of Washington, Alaska, Idaho, and Oregon. (4) Deadline for selection.--The Administrator shall make selections under this subsection not later than 6 months after the later of the date on which the information described in subsection (b)(1) is posted on the website of the Administration and the date on which the information described in subsection (b)(1) is published in the Federal Register. (d) Use of Funds.-- (1) In general.--A participating small business development center shall use funds provided under the pilot program to-- (A) create and distribute informational materials; and (B) conduct training and educational activities. (2) Content of materials.--In creating materials under the pilot program, a participating small business development center shall evaluate and incorporate relevant portions of existing informational materials regarding health insurance options, such as the materials created by the Healthcare Leadership Council. (e) Grant Amounts.--Each participating small business development center program shall receive a grant in an amount equal to-- (1) not less than $150,000 per fiscal year; and (2) not more than $300,000 per fiscal year. (f) Matching Requirement.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program. SEC. 5. REPORTS. Each participating small business development center shall transmit to the Administrator and the Chief Counsel for Advocacy of the Administration, as the Administrator may direct, a quarterly report that includes-- (1) a summary of the information and educational materials regarding health insurance options provided by the participating small business development center under the pilot program; and (2) the number of small business concerns assisted under the pilot program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and (2) $5,000,000 for each of the 3 fiscal years following the fiscal year described in paragraph (1). (b) Limitation on Use of Other Funds.--The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this Act.
Small Business Health Education and Awareness Act of 2006 - Directs the Administrator of the Small Business Administration (SBA) to establish a four-year pilot program to make grants to small business development centers to provide information and educational materials regarding health insurance options to small businesses. Allows the Administrator to select up to 20 centers to receive such grants. Sets the maximum individual grant limit at $300,000 per fiscal year.
A bill to establish a 4-year small business health insurance information pilot program.
SECTION 1. PROHIBITION ON USE OF FUNDS TO PROVIDE COVERED ASSISTANCE TO AL QAEDA, JABHAT FATEH AL-SHAM, AND ISIL, AND TO COUNTRIES SUPPORTING THOSE ORGANIZATIONS. (a) Prohibition With Respect to Al Qaeda, Jabhat Fateh al-Sham, and Isil.-- (1) In general.--Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to provide covered assistance to Al Qaeda, Jabhat Fateh al-Sham, and ISIL, and any individual or group that is affiliated with, associated with, cooperating with, or adherents to such groups. (2) Duties of dni.--The Director of National Intelligence-- (A) shall make initial determinations with respect to whether or not an individual or group is, or has been within the most recent 12 months prior to such determination, affiliated with, associated with, cooperating with, or is an adherent to Al Qaeda, Jabhat Fateh al-Sham, or ISIL, under paragraph (1) not later than 90 days after the date of the enactment of this Act; (B) shall, in consultation with the appropriate congressional committees, review and make subsequent determinations with respect to groups or individuals under paragraph (1) every 6 months thereafter; and (C) shall brief the appropriate congressional committees on each determination with respect to a group or individual under subparagraph (A) and the justification for the determination, including by providing-- (i) the geographic location of such group or individual; (ii) a detailed intelligence assessment of such group or individual; (iii) a detailed description of the alignment and interaction of such group or individual with Al Qaeda, Jabhat Fateh al-Sham, or ISIL; and (iv) a description of the ideological beliefs of such group or individual. (b) Prohibition With Respect to Supporting Countries.-- (1) In general.--Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to provide covered assistance directly or indirectly to the government of any country that the Director of National Intelligence determines has within the most recent 12 months prior to such determination provided covered assistance to Al Qaeda, Jabhat Fateh al-Sham, or the Islamic State of Iraq and the Levant (ISIL), or any individual or group that is affiliated with, associated with, cooperating with, or is an adherent to those organizations, as determined under subsection (a)(2)(A). (2) Duties of dni.--The Director of National Intelligence-- (A) shall make initial determinations with respect to countries under paragraph (1) not later than 90 days after the date of the enactment of this Act; (B) shall, in consultation with the appropriate congressional committees, review and make subsequent determinations with respect to countries under paragraph (1) every 6 months thereafter; and (C) shall brief the appropriate congressional committees on each determination with respect to a country under paragraph (1) and the justification for the determination that Al Qaeda, Jabhat Fateh al-Sham, or the Islamic State of Iraq and the Levant (ISIL), or any individual or group that is affiliated with, associated with, cooperating with, or is an adherent to those organizations, is determined to be receiving covered assistance from the government of the country-- (i) the geographic location of such organization, group, or individual; (ii) a detailed intelligence assessment of such organization, group, or individual; and (iii) a detailed description of the covered assistance, the method of transfer of the covered assistance, and use of covered assistance. (c) Additional Briefing Requirements.--The Director of National Intelligence shall-- (1) in addition to carrying out subsection (a)(2)(C), brief the appropriate congressional committees on-- (A) any other individual or group that the Director considered in carrying out such subsection but did not make a determination that the group or individual is affiliated with, associated with, cooperating with, or is an adherent to Al Qaeda, Jabhat Fateh al-Sham, or ISIL; and (B) the justification for not making the determination; and (2) in addition to carrying out subsection (b)(2)(C), brief the appropriate congressional committees on-- (A) any other country that the Director considered in carrying out such subsection but did not make a determination that the country provided covered assistance to Al Qaeda, Jabhat Fateh al-Sham, or the Islamic State of Iraq and the Levant (ISIL), or any individual or group that is affiliated with, associated with, cooperating with, or adherents to those organizations; and (B) the justification for not making the determination. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate. (2) Covered assistance.--The term ``covered assistance'' means-- (A) defense articles, defense services, training or logistical support, or any other military assistance provided by grant, loan, credit, transfer, or cash sales; (B) intelligence sharing; or (C) cash assistance. (3) Defense articles and defense services.--The terms ``defense articles'' and ``defense services'' have the meanings given such terms in sections 47(3) and 47(4) of the Arms Export Control Act (22 U.S.C. 2794 note), respectively.
This bill prohibits the use of federal agency funds to provide covered assistance to: (1) Al Qaeda, Jabhat Fateh al-Sham, the Islamic State of Iraq and the Levant (ISIL), or any individual or group that is affiliated with, associated with, cooperating with, or adherents to such groups; or (2) the government of any country that the Office of the Director of National Intelligence (ODNI) determines has, within the most recent 12 months, provided covered assistance to such a group or individual. "Covered assistance" is defined as: defense articles, defense services, training or logistical support, or any other military assistance provided by grant, loan, credit, transfer, or cash sales; intelligence sharing; or cash assistance. The ODNI shall: make, within 90 days after this bill's enactment, initial determinations about such countries and about whether an individual or group is, or has been within the most recent 12 months, affiliated with, associated with, cooperating with, or an adherent to Al Qaeda, Jabhat Fateh al-Sham, or ISIL; review and make subsequent determinations regarding such countries, groups, or individuals every 6 months in consultation with specified congressional committees; brief such committees on each determination; and brief such committees on any other country, individual, or group that the ODNI considered but did not make a determination that the the country provided covered assistance to, or that the group or individual is affiliated with, associated with, cooperating with, or an adherent to, Al Qaeda, Jabhat Fateh al-Sham, or ISIL.
To prohibit the use of United States Government funds to provide assistance to Al Qaeda, Jabhat Fateh al-Sham, and the Islamic State of Iraq and the Levant (ISIL) and to countries supporting those organizations, and for other purposes.
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Economic Revitalization Tax 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. SEC. 2. CERTAIN INVESTMENTS IN UNITED STATES PROPERTY BY QUALIFIED POSSESSIONS CORPORATIONS. (a) In General.--Section 956 (relating to investment of earnings in United States property) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following: ``(e) Separate Application of Section to Qualified Possessions Corporations.-- ``(1) In general.--In the case of a qualified possessions corporation, this section shall be applied separately with respect to such corporation's qualified possessions income. ``(2) Definitions.--For purposes of this section-- ``(A) Qualified possessions corporation.--The term `qualified possessions corporation' means any foreign corporation which is a controlled foreign corporation and is created or organized under the laws of the Commonwealth of Puerto Rico or a possession of the United States. ``(B) Qualified possessions income.--The term `qualified possessions income' means income earned by a qualified possessions corporation in taxable years beginning after December 31, 2001, from sources outside the United States, from-- ``(i) the active conduct of a trade or business within the Commonwealth of Puerto Rico or a possession of the United States, or ``(ii) the sale or exchange of substantially all of the assets used in the active conduct of such a trade or business. ``(3) Taxable years to which subsection is applicable.-- This subsection shall be applicable with respect to any taxable year of a qualified possessions corporation beginning after December 31, 2001, for which an election under section 245(d) is not in effect.''. (b) Certain Investments in United States Property.--Section 951(a) (relating to amounts included in gross income of United States shareholders) is amended by adding at the end the following: ``(4) Certain investments in united states property.-- ``(A) In general.--The amount determined under paragraph (1)(B) with respect to a qualified possessions corporation (as defined in section 956(e)(2)(A)) shall be reduced (but not below zero) by the lesser of-- ``(i) 90 percent of the amount determined under section 956(e) with respect to such corporation for the taxable year, or ``(ii) 90 percent of such corporation's cumulative qualified possessions income (as defined in section 956(e)(2)(B)), reduced by amounts (if any) previously allowed as a deduction under section 245(d). ``(B) Succeeding taxable years.--In applying this section and section 956 to any taxable year, any amount not included in the gross income of a United States shareholder of a qualified possessions corporation in a prior taxable year solely by reason of the application of subparagraph (A) shall be treated as if it had been so included in the gross income of the United States shareholder in such prior taxable year.''. SEC. 3. DIVIDENDS RECEIVED DEDUCTION WITH RESPECT TO CERTAIN DISTRIBUTIONS BY QUALIFIED POSSESSIONS CORPORATIONS. Section 245 (relating to dividends received from certain foreign corporations) is amended by adding at the end the following: ``(d) Dividends From Qualified Possessions Corporations.-- ``(1) General rule.--In the case of a dividend described in paragraph (2) received by a domestic corporation from an electing qualified possessions corporation (as defined in section 956(e)(2)(A)), there shall be allowed as a deduction an amount equal to 85 percent of such dividend. ``(2) Eligible dividends.--A dividend is described in this paragraph if such dividend is paid out of that portion of the earnings and profits of a qualified possessions corporation which does not exceed such corporation's accumulated qualified possessions income (as defined in section 956(e)(2)(B)). ``(3) Elections.-- ``(A) In general.--An election under this subsection shall be made by the qualified possessions corporation at such time and in such manner as the Secretary shall prescribe. ``(B) Years for which election is effective.--An election under this subsection shall be effective for the taxable year of the qualified possessions corporation beginning after December 31, 2001, for which such election is made and for all succeeding taxable years of such corporation, unless-- ``(i) the corporation ceases to be a qualified possessions corporation, or ``(ii) the corporation revokes the election. ``(C) New election by qualified possessions corporation following termination.--If a qualified possessions corporation has made an election under this subsection and if such election has been terminated under subparagraph (B), such corporation (and any successor qualified possessions corporation) shall not be eligible to make an election under this subsection for any taxable year before the 5th taxable year which begins after the 1st taxable year for which such termination is effective, unless the Secretary consents to such election.''. SEC. 4. SAFE HARBOR RULE FOR CERTAIN TRANSFERS OR LICENSES OF INTANGIBLE PROPERTY TO A QUALIFIED POSSESSIONS CORPORATION. Section 367 (relating to foreign corporations) is amended by adding at the end the following: ``(g) Safe Harbor for Certain Transfers or Licenses of Intangible Property.-- ``(1) General rule.--If subsection (d)(2)(A)(ii) or section 482 is otherwise applicable to the transfer or license of qualified intangible property to an electing qualified possessions corporation (as defined in section 956(e)(2)(A)), the requirements of subsection (d)(2)(A)(ii) or section 482, as the case may be, shall be treated as satisfied for all purposes under this subtitle for any taxable year for which the electing qualified possessions corporation computes its qualified possessions income (as defined in section 956(e)(2)(B)) with respect to its products or services involving the use of the qualified intangible property in accordance with the same method specified in section 936(h) (as in effect on the date of the enactment of this subsection) which was used by the domestic corporation referred to in paragraph (2)(A) for its last taxable year beginning before the transfer or license to the qualified possessions corporation. ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified intangible property.--The term `qualified intangible property' means any intangible property owned by a domestic corporation on the date of the enactment of this section, but only if such property was-- ``(i) developed or purchased by the domestic corporation, and ``(ii) used directly in the active conduct by the domestic corporation of a trade or business for which credits were allowed under either section 30A or 936 for the taxable year within which the transfer or license occurs. ``(B) Intangible property.--The term `intangible property' means any intangible property (within the meaning of subsection (d)) but only if such property was used directly in connection with a manufacturing or similar process within the taxable year referred to in paragraph (2)(A)(ii). ``(3) Election.-- ``(A) In general.--An election under this subsection shall be made by the qualified possessions corporation, in such manner as the Secretary may prescribe by regulations, prior to the 15th day of the 3d month following the close of the first taxable year of such corporation beginning after December 31, 2001. ``(B) Years for which effective.--An election under this subsection shall apply to the taxable year for which made and all subsequent years unless-- ``(i) the foreign corporation which is the transferee or licensee ceases to be a qualified possessions corporation, or ``(ii) the Secretary consents to the revocation of the election.''. SEC. 5. TECHNICAL AND CONFORMING CHANGES. (a) Imputed Interest.--Notwithstanding any provision of the Internal Revenue Code of 1986, no interest shall be imputed for any purpose under such Code with respect to any obligation issued to a qualified possessions corporation (as defined in section 956(e)(2)(A) of such Code, as added by section 2(a)) as part of a transaction to which section 956(e) of such Code (as so added) is applicable. (b) Constructive Dividends.--Notwithstanding any provision of the Internal Revenue Code of 1986, no amount of United States property held by a qualified possessions corporation (as defined in such section 956(e)) pursuant to sections 951(a)(4) and 956(e) of such Code shall be treated as a dividend for any purpose under such Code. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act.
Economic Revitalization Tax Act of 2001 - Amends Internal Revenue Code provisions concerning investment of earnings in U.S. property to set forth a separate rule governing any foreign corporation which is a controlled foreign corporation and is created or organized under the laws of the Commonwealth of Puerto Rico or a possession of the United States.Provides that in the case of certain dividends received by a domestic corporation from such a corporation, there shall be allowed as a deduction an amount equal to 85 percent of such dividend.Establishes a safe harbor rule for certain transfers or licenses of intangible property to such a corporation.
A bill to amend the Internal Revenue Code of 1986 to provide an appropriate and permanent tax structure for investments in the Commonwealth of Puerto Rico and the possessions of the United States, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cabinet-Level Interagency Task Force on Welfare Reform Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to establish a cabinet-level interagency task force to develop a comprehensive legislative proposal that coordinates and reforms all Federal programs that provide assistance to individuals with limited incomes in order to help such individuals achieve self-sufficiency within a reasonable period of time. SEC. 3. ESTABLISHMENT. There is established a cabinet-level interagency task force to be known as the ``Cabinet-Level Interagency Task Force on Welfare Reform'' (in this Act referred to as the ``Task Force''). SEC. 4. DUTIES. The Task Force shall-- (1) review all Federal programs that provide assistance to individuals with limited incomes; (2) in consultation with appropriate State and local officials, develop a comprehensive legislative proposal that coordinates and reforms such programs by-- (A) providing assistance under such programs according to a coordinated plan under which services are designed to meet the needs of each such individual; (B) establishing eligibility standards for such programs to allow maximum flexibility for such individuals; (C) establishing a single application form and process for assistance under such programs, including a single location at which an individual can apply for and receive such assistance; and (D) establishing as the clear purpose of all assistance to individuals with limited incomes the goal of self-sufficiency and independence for such individuals; and (3) not later than 6 months after the date of the enactment of this Act, submit a report to the Congress which contains the legislative proposal developed under paragraph (2). SEC. 5. MEMBERSHIP. (a) Number.--The Task Force shall be composed of 6 members as follows: (1) The Secretary of Agriculture. (2) The Secretary of Education. (3) The Secretary of Health and Human Services. (4) The Secretary of Housing and Urban Development. (5) The Secretary of Labor. (6) The Secretary of the Treasury. (b) Terms.--Each member shall be appointed for the life of the Task Force. (c) Chairperson.--The Task Force shall elect a chairperson from among its members. (d) Basic Pay.-- (1) In general.--Except as provided in paragraph (2), each member shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Meetings.--The Task Force shall meet at the call of the chairperson. (f) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. SEC. 6. DIRECTOR AND STAFF. (a) Director.--The Task Force shall have a director who shall be appointed by the chairperson subject to rules prescribed by the Task Force. (b) Staff of Federal Agencies.--Upon request of the chairperson, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Task Force to assist the Task Force in carrying out its duties. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Task Force may be appointed without regard to title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for GS-13 of the General Schedule. SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Task Force to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Task Force to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Task Force may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Task Force to carry out its duties. SEC. 8. TERMINATION. The Task Force shall terminate 3 months after the date on which the Commission submits to the Congress the report under section 4(3).
Cabinet-Level Interagency Task Force on Welfare Reform Act of 1993 - Establishes the Cabinet-Level Interagency Task Force on Welfare Reform to develop a comprehensive legislative proposal that coordinates and reforms all Federal programs that provide assistance to individuals with limited incomes in order to help them achieve self-sufficiency within a reasonable period of time.
Cabinet-Level Interagency Task Force on Welfare Reform Act of 1993
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medically Underserved Access to Care Act of 2001''. (b) Findings.--Congress finds the following: (1) Minority individuals living in medically underserved areas are generally less well-off socioeconomically, and are often sicker than the population that managed care organizations traditionally serve. (2) Many managed care organizations are not equipped to deal effectively with minorities in underserved areas and consequently may offer lower quality health care in such areas. (3) Often managed care organizations do not contract with physicians and other community-based service providers who traditionally serve medically underserved areas. (4) There is a concern among minority physicians that selective marketing practices and referral processes may keep minority and community-based physicians out of some managed care organizations. (5) Managed care organizations sometimes exclude physicians and other community-based health care providers who traditionally provide service to underserved areas; this is particularly the case among minority physicians who may be well established in their community based practices but are not board certified. SEC. 2. REQUIREMENT FOR SERVICE TO AREAS THAT INCLUDE A MEDICALLY UNDERSERVED POPULATION. (a) Requirement.-- (1) In general.--A managed care organization offering a managed care plan shall establish and maintain adequate arrangements, as defined under regulations of the Secretary, with a sufficient number, mix, and distribution of health care professionals and providers to assure that covered items and services are available and accessible to each enrollee under the plan-- (A) in the service area of the organization; (B) in a variety of sites of service; (C) with reasonable promptness (including reasonable hours of operation and after-hours services); (D) with reasonable proximity to the residences and workplaces of enrollees; and (E) in a manner that-- (i) takes into account the diverse needs of enrollees; and (ii) reasonably assures continuity of care. (2) Treatment of organizations serving certain areas.--For a managed care organization that serves a medically underserved area, the organization shall be treated as meeting the requirement of paragraph (1) if the organization has arrangements with a sufficient number, mix, and distribution of health care professionals and providers having a history of serving such areas. (b) Enforcement of Requirements.-- (1) Application to group health plans.-- (A) Public health service act.--For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) shall be treated as though they were included in the subpart 2 of part A of such title (42 U.S.C. 300gg-4 et seq.). (B) Employee retirement income security act of 1974.--For purposes of applying part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the requirements of subsection (a) shall be treated as though they were included in subpart B of such part (29 U.S.C. 1185 et seq.). (C) Internal revenue code of 1986.--For purposes of applying chapter 100 of the Internal Revenue Code of 1986, the requirements of subsection (a) shall be treated as though they were included in subchapter B of such chapter. (2) Application to individual health insurance coverage.-- For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) also shall be treated as though they were part of subpart 2 of part B of such title (42 U.S.C. 300gg-51 et seq.). (3) Medicare.--The Secretary may not enter into a contract under section 1857 of the Social Security Act (42 U.S.C. 1395w- 27) with a Medicare+Choice organization that is a managed care organization unless the contract contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a). (4) Medicaid.--Notwithstanding any other provision of law, no funds shall be paid to a State under section 1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)) with respect to medical assistance provided through payment to a medicaid managed care organization (as defined in section 1903(m)(1)(A) of such Act, 42 U.S.C. 1396b(m)(1)(A)) unless the contract with such organization contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a). SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--The Secretary shall establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to eligible nongovernmental agencies to enable such agencies to develop outreach programs to-- (1) inform individuals in medically underserved areas how to access managed care organizations in their communities; and (2) assist physicians and other health care professionals who serve in medically underserved areas to enroll as providers in managed care organizations in their communities. (b) Eligibility and Amount.-- (1) Eligibility.--The criteria necessary to receive a grant under this section shall be determined by the Secretary. (2) Amount.--The amount of a grant awarded to an agency under this section shall be determined by the Secretary. SEC. 4. STUDY OF MINORITY PHYSICIAN PARTICIPATION IN MANAGED CARE ORGANIZATIONS. (a) Study.--The Secretary shall provide for a study to examine the participation of African-American and other minority physicians in managed care organizations and steps that can be taken to increase such participation. (b) Report.--The Secretary shall submit a report to Congress on such study not later than 1 year after the date of the enactment of this Act. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Enrollee.--The term ``enrollee'' means, with respect to a managed care plan offered by a managed care organization, an individual enrolled with the organization for coverage under such a plan. (2) Health care professional.--The term ``health care professional'' means a physician or other health care practitioner who is licensed under State law with respect to the health care services the practitioner furnishes. (3) Health plan.--The term ``health plan'' means a group health plan or health insurance coverage offered by a health insurance issuer. (4) Managed care organization.--The term ``managed care organization'' means any entity, including a group health plan, health maintenance organization, or provider-sponsored organization, in relation to its offering of a managed care plan, and includes any other entity that provides or manages the coverage under such a plan under a contract or arrangement with the entity. (5) Managed care plan.--The term ``managed care plan'' means a health plan offered by an entity if the entity-- (A) provides or arranges for the provision of health care items and services to enrollees in the plan through participating health care professionals and providers; or (B) provides financial incentives (such as variable copayments and deductibles) to induce enrollees to obtain benefits through participating health care professionals and providers, or both. (6) Medically underserved area.--The term ``medically underserved area'' means an area that is designated as a health professional shortage area under section 332 of the Public Health Service Act (42 U.S.C. 254e) or as a medically underserved area for purposes of section 330 or 1302(7) of such Act (42 U.S.C. 254c, 300e-1(7)). (7) Participating.--The term ``participating'' means, with respect to a health care professional or provider in relation to a health plan offered by an entity, a physician or provider that furnishes health care items and services to enrollees of the entity under an agreement with the entity. (8) Primary care provider.--The term ``primary care provider'' means a health care professional who acts as a gatekeeper for the overall care of an enrollee. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (10) Other general definitions.--Except as otherwise provided in this section, the definitions contained in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91) shall apply under this section.
Medically Underserved Access to Care Act of 2001 - Directs a managed care organization offering a managed care plan to establish and maintain adequate arrangements with a sufficient number, mix, and distribution of health care professionals and providers to assure that covered items and services are available and accessible to each plan enrollee in the organization's service area at a variety of sites within reasonable proximity to the enrollee, and in a manner that accounts for enrollee needs and reasonably assures care continuity.Treats as meeting such requirements any managed care organization serving a medically underserved area that has similar arrangements with health care professionals and providers having a history of serving such areas.Directs the Secretary of Health and Human Services to establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to enable eligible nongovernmental agencies to develop outreach programs with regard to medically underserved areas.Requires a study to examine the participation of African-American and other minority physicians in managed care organizations and steps that can be taken to increase such participation.
To require managed care organizations to contract with providers in medically underserved areas, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``FEGLI Living Benefits Act''. SEC. 2. OPTION TO RECEIVE ``LIVING BENEFITS''. (a) In General.--Chapter 87 of title 5, United States Code, is amended by inserting after section 8714c the following: ``Sec. 8714d. Option to receive `living benefits' ``(a) For the purpose of this section, an individual shall be considered to be `terminally ill' if such individual has a medical prognosis that such individual's life expectancy is 9 months or less. ``(b) The Office of Personnel Management shall prescribe regulations under which any individual covered by group life insurance under section 8704(a) may, if such individual is terminally ill, elect to receive a lump-sum payment equal to-- ``(1) the full amount of insurance under section 8704(a) (or portion thereof designated for this purpose under subsection (d)(4)) which would otherwise be payable under this chapter (on the establishment of a valid claim)-- ``(A) computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the individual's application for benefits under this section is approved or deemed approved under subsection (d)(3)); and ``(B) assuming continued coverage under this chapter at that time; reduced by ``(2) an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office). ``(c)(1) If a lump-sum payment is taken under this section-- ``(A) no insurance under the provisions of section 8704 (a) or (b) shall be payable based on the death or any loss of the individual involved, unless the lump-sum payment represents only a portion of the total benefits which could have been taken, in which case benefits under those provisions shall remain in effect, except that the basic insurance amount on which they are based-- ``(i) shall be reduced by the percentage which the designated portion comprised relative to the total benefits which could have been taken (rounding the result to the nearest multiple of $1,000 or, if midway between multiples of $1,000, to the next higher multiple of $1,000); and ``(ii) shall not be subject to further adjustment; and ``(B) deductions and withholdings under section 8707, and contributions under section 8708, shall be terminated with respect to such individual (or reduced in a manner consistent with the percentage reduction in the individual's basic insurance amount, if applicable), effective with respect to any amounts which would otherwise become due on or after the date of payment under this section. ``(2) An individual who takes a lump-sum payment under this section (whether full or partial) remains eligible for optional benefits under sections 8714a-8714c (subject to payment of the full cost of those benefits in accordance with applicable provisions of the section or sections involved, to the same extent as if no election under this section had been made). ``(d)(1) The Office's regulations shall include provisions regarding the form and manner in which an application under this section shall be made and the procedures in accordance with which any such application shall be considered. ``(2) An application shall not be considered to be complete unless it includes such information and supporting evidence as the regulations require, including certification by an appropriate medical authority as to the nature of the individual's illness and that the individual is not expected to live more than 9 months because of that illness. ``(3)(A) In order to ascertain the reliability of any medical opinion or finding submitted as part of an application under this section, the covered individual may be required to submit to a medical examination under the direction of the agency or entity considering the application. The individual shall not be liable for the costs associated with any examination required under this subparagraph. ``(B) Any decision by the reviewing agency or entity with respect to an application for benefits under this section (including one relating to an individual's medical prognosis) shall not be subject to administrative review. ``(4)(A) An individual making an election under this section may designate that only a limited portion (expressed as a multiple of $1,000) of the total amount otherwise allowable under this section be paid pursuant to such election. ``(B) A designation under this paragraph may not be made by an individual described in paragraph (1) or (2) of section 8706(b). ``(5) An election to receive benefits under this section shall be irrevocable, and not more than one such election may be made by any individual. ``(6) The regulations shall include provisions to address the question of how to apply section 8706(b)(3)(B) in the case of an electing individual who has attained 65 years of age.''. (b) Table of Sections.--The table of sections for chapter 87 of title 5, United States Code, is amended by inserting after the item relating to section 8714c the following: ``8714d. Option to receive `living benefits'.''. SEC. 3. EFFECTIVE DATE; OPEN SEASON AND NOTICE. (a) Effective Date.--The amendments made by section 2 shall take effect 9 months after the date of the enactment of this Act. (b) Open Season; Notice.--(1) The Office of Personnel Management shall prescribe regulations under which, beginning not later than 9 months after the date of the enactment of this Act, and over a period of not less than 8 weeks-- (A) an employee (as defined by section 8701(a) of title 5, United States Code) who declined or voluntarily terminated coverage under chapter 87 of such title-- (i) may elect to begin, or to resume, group life insurance and group accidental death and dismemberment insurance; and (ii) may make such other elections under such chapter as the Office may allow; and (B) such other elections as the Office allows may be made. (2) The Office shall take such action as may be necessary to ensure that employees and any other individuals who would be eligible to make an election under this subsection are afforded advance notification to that effect. SEC. 4. FUNDING. Notwithstanding section 8714(a)(1) of title 5, United States Code, the Office of Personnel Management shall retain in the Employees' Life Insurance Fund such portion of premium payments otherwise due as will, no later than September 30, 1995, permanently reduce the contingency reserve established under the third sentence of section 8712 of such title 5 by an amount equal to the amount by which payments from the Employees' Life Insurance Fund during the fiscal year ending September 30, 1995, exceed the payments that would have been paid had the amendments made by this Act not been enacted. SEC. 5. CONTINUATION OF HEALTH BENEFITS COVERAGE FOR INDIVIDUALS ENROLLED IN A PLAN ADMINISTERED BY THE OFFICE OF THE COMPTROLLER OF THE CURRENCY OR THE OFFICE OF THRIFT SUPERVISION. (a) Enrollment in Chapter 89 Plan.--For purposes of the administration of chapter 89 of title 5, United States Code, any period of enrollment under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision before the termination of such plans on January 7, 1995, shall be deemed to be a period of enrollment in a health benefits plan under chapter 89 of such title. (b) Continued Coverage.--(1) Any individual who, on January 7, 1995, is covered by a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code-- (A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and (B) for coverage effective on and after January 8, 1995. (2) An individual who, on January 7, 1995, is entitled to continued coverage under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision-- (A) shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision; and (B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after January 8, 1995. (3) An individual who, on January 7, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision and who is not a member of family as defined under section 8901(5) of title 5, United States Code-- (A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on January 7, 1995, ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title; and (B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after January 8, 1995. (c) Transfers to the Employees Health Benefits Fund.--The Office of the Comptroller of the Currency and the Office of Thrift Supervision shall transfer to the Employees Health Benefits Fund established under section 8909 of title 5, United States Code, amounts determined by the Director of the Office of Personnel Management, after consultation with the Office of the Comptroller of the Currency and the Office of Thrift Supervision, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. The amounts so transferred shall be held in the Fund and used by the Office in addition to amounts available under section 8906(g)(1) of such title. (d) Administration and Regulations.--The Office of Personnel Management-- (1) shall administer the provisions of this section to provide for-- (A) a period of notice and open enrollment for individuals affected by this section; and (B) no lapse of health coverage for individuals who enroll in a health benefits plan under chapter 89 of title 5, United States Code, in accordance with this section; and (2) may prescribe regulations to implement this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
FEGLI Living Benefits Act - Provides that a Federal employee enrolled in the Federal Employees Group Life Insurance (FEGLI) Program who has been diagnosed as terminally ill with a life expectancy of nine months or less may elect to receive a lump-sum payment of his or her basic insurance amount, as adjusted actuarially under regulations of the Office of Personnel Management (OPM). Requires OPM to retain in the Employees Life Insurance Fund the portion of premium payments otherwise due as will, by the end of FY 1995, permanently reduce the contingency reserve by an amount equal to the amount by which payments from the Fund during FY 1995 exceed the payments that would have been paid had this Act not been enacted. Provides for continuation of health benefits coverage for individuals enrolled in a plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision before the plan's termination on January 7, 1995. Requires transfer of terminated plan funds to the Employees Health Benefit Fund to cover such employees.
FEGLI Living Benefits Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving our Equine Heritage on Public Land Act''. SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LAND. (a) National Park System Land.--Section 12 of Public Law 91-383 (16 U.S.C. 1a-7) is amended by adding at the end the following: ``(c) Use and Access of Pack and Saddle Animals.-- ``(1) In general.--The Secretary of the Interior (referred to in this subsection as the `Secretary') shall manage the National Park System in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals at units of the National Park System at which there is a historical tradition of the use of pack and saddle stock animals. ``(2) Use.-- ``(A) In general.--Except as provided in subparagraph (B), National Park System land shall remain open and accessible to the use of pack and saddle stock animals. ``(B) Limitation.-- ``(i) In general.--The Secretary may implement a nonemergency reduction in the use and access of pack and saddle stock animals on National Park System land after complying with-- ``(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ``(II) clauses (ii) through (iv). ``(ii) Public notice and comment.--The Secretary shall provide to the public advance notice of proposed reductions in the use and access of pack and saddle stock animals on National Park System land to allow for public comment on the proposed reductions. ``(iii) Public meeting.--After providing advance notice of the location, date, and time of the meeting, the Secretary shall conduct a public meeting at an appropriate location close to the unit of the National Park System on which the reduction in pack and saddle stock access is proposed. ``(iv) Public collaboration.--To encourage meaningful public participation with respect to reductions in the use and access of pack and saddle stock animals on National Park System land, the Secretary shall facilitate collaboration among different recreational users. ``(3) Effect.--Nothing in this subsection-- ``(A) authorizes the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other Federal law; ``(B) alters or limits the authority of the Secretary to issue permits; ``(C) alters or limits the authority of the Secretary to implement a temporary emergency closure of a trail, route, or area to pack and saddle stock animals; ``(D) creates a preference for 1 recreational use of an area within the National Park System over other uses without consideration of the stated purpose of the area; or ``(E) supersedes any other authorizations and prohibitions in effect on the date of enactment of this subsection.''. (b) Bureau of Land Management Land.--Section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732) is amended by adding at the end the following: ``(e) Use and Access of Pack and Saddle Animals.-- ``(1) In general.--The Secretary shall manage land administered by the Bureau of Land Management in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on land on which there is a historical tradition of the use of pack and saddle stock animals. ``(2) Use.-- ``(A) In general.--Except as provided in subparagraph (B), Bureau of Land Management land shall remain open and accessible to the use of pack and saddle stock animals. ``(B) Limitation.-- ``(i) In general.--The Secretary may implement a nonemergency reduction in the use and access of pack and saddle stock animals on Bureau of Land Management land after complying with-- ``(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ``(II) clauses (ii) through (iv). ``(ii) Public notice and comment.--The Secretary shall provide to the public advance notice of proposed reductions in the use and access of pack and saddle stock animals on Bureau of Land Management land to allow for public comment on the proposed reductions. ``(iii) Public meeting.--After providing advance notice of the location, date, and time of the meeting, the Secretary shall conduct a public meeting at an appropriate location close to the Bureau of Land Management land on which the reduction in pack and saddle stock access is proposed. ``(iv) Public collaboration.--To encourage meaningful public participation with respect to reductions in the use and access of pack and saddle stock animals on Bureau of Land Management land, the Secretary shall facilitate collaboration among different recreational users. ``(3) Effect.--Nothing in this subsection-- ``(A) authorizes the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other Federal law; ``(B) alters or limits the authority of the Secretary to issue permits; ``(C) alters or limits the authority of the Secretary to implement a temporary, emergency closure of a trail, route, or area to pack and saddle stock animals; ``(D) creates a preference for 1 recreational use for any area under the jurisdiction of the Bureau of Land Management over other uses without consideration of the stated purpose of the area; ``(E) supersedes the multiple use authority or policy of an applicable agency; or ``(F) supersedes any other authorizations and prohibitions in effect on the date of enactment of this subsection.''. (c) National Wildlife Refuge System Land.--Section 4(d) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(d)) is amended by adding at the end the following: ``(5) Use and access of pack and saddle animals.-- ``(A) In general.--The Secretary shall manage the System in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on System land on which there is a historical tradition of the use of pack and saddle stock animals. ``(B) Use.-- ``(i) In general.--Except as provided in clause (ii), System land shall remain open and accessible to the use of pack and saddle stock animals. ``(ii) Limitation.-- ``(I) In general.--The Secretary may implement a nonemergency reduction in the use and access of pack and saddle stock animals on System land after complying with-- ``(aa) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ``(bb) subclauses (II) through (IV). ``(II) Public notice and comment.-- The Secretary shall provide to the public advance notice of proposed reductions in the use and access of pack and saddle stock animals on System land to allow for public comment on the proposed reductions. ``(III) Public meeting.--After providing advance notice of the location, date, and time of the meeting, the Secretary shall conduct a public meeting at an appropriate location close to System land on which the reduction in pack and saddle stock access is proposed. ``(IV) Public collaboration.--To encourage meaningful public participation with respect to reductions in the use and access of pack and saddle stock animals on System land, the Secretary shall facilitate collaboration among different recreational users. ``(C) Effect.--Nothing in this paragraph-- ``(i) authorizes the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable management plans (including a comprehensive conservation plan, comprehensive management plan, master plan, or step-down management plan) and planning processes required under this Act or any other Federal law; ``(ii) alters or limits the authority of the Secretary to issue permits for a compatible use that is not inconsistent with public safety; ``(iii) alters or limits the authority of the Secretary to implement a temporary, emergency closure of a trail, route, or area to pack and saddle stock animals; ``(iv) creates a preference for 1 recreational use within any refuge within the System without consideration of the mission of the System and the purposes for which the refuge was established; ``(v) supersedes the conservation authority or policy of any applicable agency; ``(vi) supersedes the priority of applicable agencies for compatible wildlife- dependent recreational uses; or ``(vii) supersedes any other authorizations and prohibitions in effect on the date of enactment of this paragraph.''. (d) National Forest System Land.--The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended-- (1) by redesignating section 16 as section 17; and (2) by inserting after section 15 the following: ``SEC. 16. USE AND ACCESS OF PACK AND SADDLE ANIMALS. ``(a) In General.--The Secretary of Agriculture (referred to in this section as the `Secretary') shall manage National Forest System in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on National Forest System land on which there is a historical tradition of the use of pack and saddle stock animals. ``(b) Use.-- ``(1) In general.--Except as provided in paragraph (2), National Forest System land shall remain open and accessible to the use of pack and saddle stock animals. ``(2) Limitation.-- ``(A) In general.--The Secretary may implement a nonemergency reduction in the use and access of pack and saddle stock animals on National Forest System land after complying with-- ``(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ``(ii) subparagraphs (B) through (D). ``(B) Public notice and comment.--The Secretary shall provide to the public advance notice of proposed reductions in the use and access of pack and saddle stock animals on National Forest System land to allow for public comment on the proposed reductions. ``(C) Public meeting.--After providing advance notice of the location, date, and time of the meeting, the Secretary shall conduct a public meeting at an appropriate location close to the unit of the National Forest System on which the reduction in pack and saddle stock access is proposed. ``(D) Public collaboration.--To encourage meaningful public participation with respect to reductions in the use and access of pack and saddle stock animals on National Forest System land, the Secretary shall facilitate collaboration among different recreational users. ``(c) Effect.--Nothing in this section-- ``(1) authorizes the Secretary to refuse to issue a special use authorization or wilderness permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable land management plans and planning processes required under this Act or any other Federal law; ``(2) alters or limits the authority of the Secretary to issue special use authorizations or wilderness permits; ``(3) alters or limits the authority of the Secretary to implement a temporary, emergency closure of a trail, route, or area to pack and saddle stock animals; ``(4) creates a preference for 1 recreational use of an area within the National Forest System over other uses of the area; ``(5) supersedes the multiple use authority or policy of an applicable agency; or ``(6) supersedes any other authorizations and prohibitions in effect on the date of enactment of this section.''. (e) Issuance of Policy.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall issue a policy for the Department of the Interior and the Department of Agriculture, respectively, that defines the term ``historical tradition of the use of pack and saddle stock animals'' for purposes of the amendments made by this section.
Preserving our Equine Heritage on Public Land Act - Provides for: (1) the continued preservation and use of pack and saddle stock animals on public land administered by the National Park Service, and Bureau of Land Management, the United States Fish and Wildlife Service, or the Forest Service on which there is a historical tradition of the use of pack and saddle stock animals; and (2) defining the term "historical tradition of the use of pack and saddle stock animals" for purposes of this Act.
A bill to preserve the use and access of pack and saddle stock animals on public land administered by the National Park Service, and Bureau of Land Management, the United States Fish and Wildlife Service, or the Forest Service on which there is a historical tradition of the use of pack and saddle stock animals.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Third Party Liability Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) illnesses and diseases that result from the use of tobacco products cost Federal Government health care programs billions of dollars, including at least $16,000,000,000 in the medicare program and $3,000,000,000 in the medicaid program for inpatient hospital services in fiscal year 1994; (2) over the next 20 years, such illnesses and diseases will cost the medicare trust funds at least $800,000,000,000; (3) in April 1994, the trustees of the medicare trust funds concluded that such funds may be insolvent in 7 years, with $128,000,000,000 of expenditures due to such illnesses and diseases; (4) recent discoveries, including documents, patents and patent applications, and testimony, have shown that-- (A) the tobacco industry has known for years that the nicotine in cigarettes is addictive, (B) the industry has attempted both to conceal this information from the public and the Government and to manipulate the amount of nicotine in cigarettes, and (C) it is possible to manufacture cigarettes which are far less dangerous to consumers; (5) more than 36 percent of medicare recipients are former smokers and 20 percent are current smokers; (6) approximately 43 percent of medicaid recipients smoke, compared to 26 percent of the general public; (7) the medicare population is much more at risk of contacting illnesses and diseases that result from the use of tobacco products than younger smokers, because such population has smoked longer; (8) legal scholars and courts are increasingly agreeing that it is appropriate to use statistical evidence to prove causation; and (9) in view of the large number of Americans killed, disabled, or otherwise injured each year as a result of smoking cigarettes, the addictiveness of the nicotine in cigarettes, and the absence of any significant benefits to society from smoking, cigarettes are an unreasonably dangerous product and cigarette manufacturers are engaged in abnormally dangerous activities. (b) Purpose.--The purpose of this Act is to allow the American taxpayers to recoup billions of dollars in Federal Government health care funds spent on tobacco related illnesses and diseases. SEC. 3. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT HEALTH CARE PROGRAMS OF TOBACCO RELATED ILLNESSES AND DISEASES. (a) In General.--(1) With respect to payments made under any applicable Federal Government health care program to or on behalf of more than one recipient with a disease, illness, condition, or complication caused, in whole or in part, by the use of tobacco products, the Attorney General of the United States may seek recovery for such payments from third parties (or any successors to such third parties) that manufacture tobacco products. The Attorney General (after consultation with the appropriate Secretaries who administer such programs) may bring an action in the name of the United States in United States district court to recover such payments made to or on behalf of all such recipients in one proceeding. (2) Any action to enforce the rights of the Attorney General under this section with respect to any payment described in paragraph (1) shall be commenced within 5 years of such payment. (3) For purposes of paragraph (1), the term ``applicable Federal Government health care program'' includes-- (A) the medicare program under title XVIII of the Social Security Act; (B) the medicaid program under title XIX of such Act; (C) the veterans health care program under title 38, United States Code; and (D) any other similar Federal health care program. (b) Notice Under the Class Action.--(1) In any action brought under this section, no notice to recipients described in subsection (a)(1) is required, and such recipients shall have no right to become a party to such action. Such action is independent of any rights or causes of action of such recipients. (2) In any such action in which the number of recipients described in subsection (a)(1) is so large as to cause it to be impracticable to join or identify each claim, the Attorney General shall not be required to so identify the individual recipients for which payment has been made, but rather can proceed to seek recovery based upon payments made to or on behalf of an entire class of recipients. (c) Rules of Evidence.--In any action brought under this section, the Federal Rules of Evidence shall be construed, regarding the introduction and probative value of evidence on the issues of causation and damages, in order to effectuate the purposes of this Act to the greatest extent possible. The issues of causation and damages in any such action may be proven by use of statistical analysis or epidemiological evidence, or both. (d) Share of Liability.--In any action brought under this section in which a third party is liable due to its manufacture, sale, or distribution of a tobacco product, the Attorney General shall be allowed to proceed under a market share theory, if the products involved are substantially interchangeable and substantially similar factual or legal issues would be involved in seeking recovery against each liable third party individually. In the alternative, the Attorney General shall be allowed to proceed under a theory of concerted action or enterprise liability, or both, if warranted by the facts presented to the court. (e) Distribution of Recovery.--Amounts recovered under any action brought under this section shall be paid to the United States and disposed of as follows: (1) In the case of amounts recovered arising out of a claim under title XIX of the Social Security Act, there shall be paid to each State agency an amount bearing the same proportion to the total amount recovered as the State's share of the amount paid by the State agency for such claim bears to the total amount paid for such claim. (2) Such portion of the amounts recovered as is determined to have been paid out of the trust funds under sections 1817 and 1841 of the Social Security Act shall be repaid to such trust funds. (3) The remainder of the amounts recovered shall be deposited as miscellaneous receipts of the Treasury of the United States.
Medicare and Medicaid Third Party Liability Act - Authorizes the Attorney General to seek a class action recovery from tobacco product manufacturers of any payments made under the Medicare, Medicaid, veterans' health care, or any other similar Federal health care program to or on behalf of more than one recipient with a disease, illness, condition, or complication caused, in whole or in part, by the use of tobacco products.
Medicare and Medicaid Third Party Liability Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of Parental Rights and State Sovereignty Act of 2015''. SEC. 2. RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION AND PARENTAL RIGHTS OVER THE EDUCATION OF THEIR CHILDREN. Part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the following: ``Subpart 3--Restoration of State Sovereignty Over Public Education and Parental Rights Over the Education of Their Children ``SEC. 9541. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT EXPRESSLY WAIVE. ``(a) Retention of Rights and Authorities.--No officer, employee, or other authority of the Secretary shall enforce against an authority of a State, nor shall any authority of a State have any obligation to obey, any requirement imposed as a condition of receiving assistance under a grant program established under this Act, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that program and, in doing so, have waived the State's rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance. ``(b) Amendment of Terms of Receipt of Federal Financial Assistance.--An officer, employee, or other authority of the Secretary may release assistance under a grant program established under this Act to a State only after the legislature of the State has by law expressly approved the program (as described in subsection (a)). This approval may be accomplished by a vote to affirm a State budget that includes the use of such Federal funds and any such State budget must expressly include any requirement imposed as a condition of receiving assistance under a grant program established under this Act so that by approving the budget, the State legislature is expressly approving the grant program and, in doing so, waiving the State's rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance. ``(c) Special Rule for States With Biennial Legislatures.--In the case of a State with a biennial legislature-- ``(1) during a year in which the State legislature does not meet, subsections (a) and (b) shall not apply; and ``(2) during a year in which the State legislature meets, subsections (a) and (b) shall apply, and, with respect to any grant program established under this Act during the most recent year in which the State legislature did not meet, the State may by law expressly disapprove the grant program, and, if such disapproval occurs, an officer, employee, or other authority of the Secretary may not release any additional assistance to the State under that grant program. ``(d) Definition of State Authority.--As used in this section, the term `authority of a State' includes any administering agency of the State, any officer or employee of the State, and any local government authority of the State. ``(e) Effective Date.--This section applies in each State beginning on the 90th day after the end of the first regular session of the legislature of that State that begins 5 years after the date of the enactment of the Restoration of Parental Rights and State Sovereignty Act of 2015 and shall continue to apply in subsequent years until otherwise provided by law. ``SEC. 9542. DEDICATION OF SAVINGS TO DEFICIT REDUCTION. ``Notwithstanding any formula reallocations stipulated under this Act, any funds under this Act not allocated to a State because a State did not affirmatively agree to the receipt of such funds shall not be reallocated among the States. ``SEC. 9543. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE. ``In this Act, the term `State with a biennial legislature' means a State the legislature of which meets every other year. ``SEC. 9544. INTENT OF CONGRESS. ``It is the intent of Congress that other than the terms and conditions expressly approved by State law under the terms of this subpart, control over public education and parental rights to control the education of their children are vested exclusively within the autonomous zone of independent authority reserved to the States and individual Americans by the United States Constitution, other than the Federal Government's undiminishable obligation to enforce minimum Federal standards of equal protection and due process.''. SEC. 3. TABLE OF CONTENTS. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to subpart 2 of part E of title IX the following: ``subpart 3--restoration of state sovereignty over public education and parental rights over the education of their children ``9541. States to retain rights and authorities they do not expressly waive. ``9542. Dedication of savings to deficit reduction. ``9543. Definition of State with biennial legislature. ``9544. Intent of Congress.''.
Restoration of Parental Rights and State Sovereignty Act of 2015 Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the Secretary of Education from forcing a state to satisfy any requirement imposed as a condition of receiving assistance under an ESEA grant program. Prohibits the Secretary from releasing assistance to a state under an ESEA grant program unless the state's legislature has by law expressly approved the program. Allows that approval to be accomplished by a vote to affirm a state budget that includes the use of such federal funds, but requires that budget to expressly include any requirement imposed as a condition on the state's receipt of those funds. Prohibits ESEA funds that are not allocated to a state due to the state's failure to affirmatively agree to their receipt from being reallocated among the other states. Expresses the intent of Congress that control over public education and parental rights to control their children's education is vested exclusively within the authority reserved to the states and individual Americans by the Constitution, except when states expressly approve federal terms or conditions on educational assistance or the federal government is obliged to enforce minimum federal equal protection or due process standards.
Restoration of Parental Rights and State Sovereignty Act of 2015
SECTION 1. REPEAL OF LAWS AND REGULATIONS DISARMING FIREARMS-TRAINED MILITARY PERSONNEL AND PROHIBITION ON REIMPOSING BANS ON MILITARY PERSONNEL CARRYING FIREARMS. (a) Findings.--Congress makes the following findings: (1) In the attack on the Armed Forces Recruitment Center in Times Square in 2008, the attack on Fort Hood in 2009, the attack at the United States Military Recruiting Office in Little Rock in 2009, the attack at the Pentagon in 2010, the attack at the Washington Navy Yard in 2013, and the United States Army and Marine Corps Chattanooga shootings in 2015, military personnel were unable to carry firearms and respond with force. (2) Military personnel are trained in the use of firearms, with live-fire qualification and use-of-force training. (3) Military personnel are entrusted with firearms and other weapons in the defense of the United States. (4) Gun-free zones on military installations and Department of Defense sites such as military recruitment centers are vulnerable targets. (b) Repeal of Laws and Regulations Disarming Military Personnel.-- (1) Repeal.--Effective on the date of the enactment of this Act-- (A) Army Regulation 190-14, issued on March 12, 1993, is repealed; (B) Department of Defense Directive Number 5210.56, issued on February 25, 1992, as modified on April 1, 2011, and by any subsequent modification, is repealed; and (C) any other prohibition in law, rule, regulation or Executive order that prohibits military personnel from carrying a firearm on a military installation or Department of Defense site within the United States, including section 1585 of title 10, United States Code (relating to carrying of firearms), section 922 of title 18, United States Code (relating to unlawful acts), and part 108.11 of title 14, Code of Federal Regulations (relating to carriage of weapons), shall have no further force or effect and may not be enforced. (2) Use of firearms.-- (A) In general.--Except as provided in subparagraph (B), effective as of the date of the enactment of this Act, military personnel shall not be prohibited from carrying firearms on military installations or Department of Defense sites. Military personnel carrying firearms shall adhere to CJCSI 3121.01B, Standing Rules of Engagement and Standing Rules for the Use of Force for the U.S. Forces (13 June 2005) with respect to the use of firearms on military installations and Department of Defense sites. (B) Exception.--The commander of a military installation or Department of Defense may prohibit a member of the Armed Forces, on a case-by-case basis, from carrying firearms on the military installation or Department of Defense site if the commander determines that the prohibition with respect to the member is necessary to prevent the member from committing bodily harm to the member or others. (c) Prohibition on Military Personnel Gun Bans.-- (1) Department of defense.--The Secretary of Defense and the Secretaries of the military departments shall not reinstate the firearm bans referred to in subsection (b) or enact similar restrictions prohibiting or restricting military personnel from carrying firearms. (2) President.--The President shall not take any executive action or promulgate any rule or issue any Executive order or regulation to prohibit military personnel from carrying firearms. (d) Reporting Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the actions taken to ensure compliance with this section. (e) Definitions.--In this section: (1) The term ``Department of Defense sites'' includes-- (A) recruitment centers; and (B) Department of Defense facilities or assets that-- (i) lack or do not meet existing force protection and physical security standards as described in Department of Defense Directive 5200.08-R, April 9, 2007, regarding physical protection of Department of Defense personnel, installations, operations, and related resources; and (ii) do not meet Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy by establishing a mandatory, Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors (including contractor employees). (2) The term ``military personnel'' means members of the Armed Forces, including members of the reserve components, who-- (A) are serving at a duty station on a military installation of the Department of Defense or a Department of Defense site; and (B) are trained by the Armed Forces in the use of firearms.
This bill repeals (1) Army Regulation 190-14, entitled "Carrying of Firearms and Use of Force for Law Enforcement and Security Duties"; and (2) Department of Defense Directive Number 5210.56, entitled "Use of Deadly Force and the Carrying of Firearms by DOD Personnel Engaged in Law Enforcement and Security Duties." Any provision in any other law, rule, regulation, or executive order that prohibits military personnel trained in firearms use from carrying a firearm on a military installation or Department of Defense (DOD) site within the United States shall have no further force or effect and may not be enforced. Military personnel shall not be prohibited from carrying firearms on military installations or DOD sites. DOD or the commander of a military installation may prohibit a member of the Armed Forces, on a case-by-case basis, from carrying firearms on the military installation or DOD site if necessary to prevent the member from committing bodily harm to the member or others. DOD and the Secretaries of the military departments shall not reinstate the firearm bans repealed in this Act or enact similar firearms restrictions. The President shall not take any executive action or promulgate any rule, or issue any executive order or regulation, to prohibit military personnel from carrying firearms.
A bill to safeguard military personnel on Armed Forces military installations by repealing bans on military personnel carrying firearms, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan and Central Asian Republics Sustainable Food Production Trust Fund Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) abject poverty and the inability to produce food, even at the subsistence level, in the rural, mountainous areas of Afghanistan and the Central Asian Republics have plagued the region for over 20 years; (2) extended food shortages in this region have resulted in the consumption of seed supplies and breeding livestock necessary to continue farming and food production; (3) ongoing and violent conflict in the region has badly damaged or destroyed the basic irrigation systems necessary for food production; (4) despite the delivery of over $185,000,000 in aid from the United States in fiscal year 2001 toward humanitarian assistance needs in Afghanistan, millions of people remain at risk of severe malnutrition and starvation in the short- and long-terms; (5) on October 4, 2001, President George W. Bush announced that the people of Afghanistan, and the governments of Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will receive an additional $320,000,000 humanitarian assistance package for emergency food and refugee assistance to address the region's immediate needs during the war on terrorism; and (6) in addition to addressing short-term emergency assistance needs in Afghanistan and the mountainous regions of the Central Asian Republics, addressing the long-term food production and rural development issues in region will be critical to attaining some stability in the region. SEC. 3. ESTABLISHMENT. (a) Negotiations for Establishment of Trust Fund.--The Secretary of the Treasury shall seek to enter into negotiations with the International Bank for Reconstruction and Development, in consultation with the Administrator of the United States Agency for International Development and other United States Government agencies, and with the member nations of the Bank and with other interested parties, for the establishment within the Bank of-- (1) the Afghanistan and Central Asian Republics Sustainable Food Production Trust Fund (in this Act referred to as the ``Trust Fund'') in accordance with the provisions of this Act; and (2) the Advisory Board to the Trust Fund in accordance with section 6. (b) Purpose.--The purpose of the Trust Fund should be to use contributed funds to develop sustainable food production for Afghanistan and the mountainous regions of other countries of Central Asia through restocking seed, replacing breeding livestock, restoring basic irrigation systems, and providing access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs. (c) Composition.-- (1) In general.--It is the sense of the Congress that the Trust Fund should be governed by a Board of Trustees, which should be composed of representatives of the participating donor countries to the Trust Fund. Individuals appointed to the Board should have demonstrated knowledge and experience in the fields of agriculture production and rural microenterprise loan programs. (2) United states representation.-- (A) In general.--If there is a Board of Trustees of the Trust Fund, the United States representative shall be the Administrator of the United States Agency for International Development or the Administrator's designee. (B) Effective and termination dates.-- (i) Effective date.--This paragraph shall take effect upon the date the Secretary of the Treasury certifies to Congress that an agreement establishing the Trust Fund and providing for a United States member of the Board of Trustees is in effect. (ii) Termination date.--The position established by subparagraph (A) is abolished upon the date of termination of the Trust Fund. SEC. 4. GRANT AUTHORITIES. (a) Program Objectives.--It is the sense of the Congress that: (1) In general.--In carrying out the purpose of section 3(b), the Trust Fund, acting through the Board of Trustees, should provide only grants to nongovernmental organizations for the purpose of carrying out the activities described in paragraph (2) in Afghanistan and the other countries of Central Asia in accordance with this section. (2) Activities supported.-- (A) In general.--Among the activities for which the Trust Fund should provide grants should be-- (i) procurement of seed for local food production; (ii) replacement of breeding livestock; (iii) restoration of basic irrigation systems; (iv) establishment of access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs; and (v) providing technical assistance. (B) Limitation.--Amounts received under a grant should not be used to carry out activities related to emergencies or disasters. (3) Applications.--A nongovernmental organization that desires to receive a grant under this section should submit an application for the grant to the Board of Trustees. The application should be developed by the nongovernmental organization in close consultation with local indigenous entities, or associated persons of a village or villages, located in the country within which the activities supported by the grant will be carried out. (4) Implementation of program objectives.--In carrying out the objectives of paragraph (1), the Trust Fund should-- (A) coordinate its activities with governments of countries authorized to receive grants under this section, local and regional governments of such countries, nongovernmental organizations operating in such countries, and private donors; (B) provide minimal supplementary grants for associated administrative costs to the national and regional governments of the country for which grants to nongovernmental organizations are approved under this section; (C) provide oversight of grants disbursed under this section, including procedures under which a nongovernmental organization that misuses grant funds or otherwise fails to adequately carry out the activities described in paragraph (2) should be disqualified from receiving additional grants under this section for not less than 1 year; and (D) coordinate efforts with national, regional, and local government officials to conduct an annual review of disbursement of grant funds and the effectiveness of activities carried out with grant funds. (b) Restriction Relating To the Use of United States Funds in Afghanistan.--Funds made available under this Act may not be used during a fiscal year for any activity in Afghanistan which is described in subsection (a)(2) unless the Secretary of State certifies for the fiscal year that there has been substantial progress made toward the establishment of a government in Afghanistan that meets the following requirements: (1) The government includes broad representation from the diverse ethnic and religious groups of Afghanistan, including both men and women from such groups. (2) The government does not sponsor terrorism or harbor terrorists. (3) The government demonstrates a strong and determined commitment to eliminating the production of opium-producing poppies. (4) The government meets the conditions outlined in the United Nations Universal Declaration of Human Rights. SEC. 5. ADMINISTRATION. (a) Sense of the Congress.--It is the sense of the Congress that: (1) Appointment of an administrator.--The Board of Trustees, in consultation with the appropriate officials of the Bank, should appoint an Administrator who should be responsible for managing the day-to-day operations of the Trust Fund. (2) Authority to solicit and accept contributions.--The Trust Fund should be authorized to solicit and accept contributions from governments, the private sector, and nongovernmental entities of all kinds. (3) Selection of projects and recipients.--The Board of Trustees should establish-- (A) criteria for the selection of projects to receive support from the Trust Fund; (B) standards and criteria regarding qualifications of recipients of such support; (C) such rules and procedures as may be necessary for cost-effective management of the Trust Fund and the projects that it funds; (D) such rules and procedures as may be necessary to ensure transparency and accountability in the grant- making process; and (E) criteria for an annual review process for all projects receiving grants. (4) Transparency of operations.--The Board of Trustees should ensure full and prompt public disclosure of the proposed objectives, financial organization, and operations of the Trust Fund. (b) Accountability of Funds and Criteria for Programs.--As part of the negotiations described in section 3(a), the Secretary of the Treasury shall, consistent with subsection (a)(3) of this section-- (1) take such actions as are necessary to ensure that the Bank will have in effect adequate procedures and standards to account for and monitor the use of funds contributed to the Trust Fund, including the cost of administering the Trust Fund; and (2) seek agreement on the criteria that should be used to determine the programs and activities that should be assisted by the Trust Fund. SEC. 6. ADVISORY BOARD. (a) Sense of the Congress.--It is the sense of the Congress that: (1) In general.--There should be an Advisory Board to the Trust Fund. (2) Appointments.--The members of the Advisory Board should be drawn from-- (A) a broad range of individuals with experience and leadership in the fields of development, with particular priority for individuals with experience in agricultural production and rural microenterprise loan programs; and (B) representatives of relevant United Nations agencies and nongovernmental organizations with on-the- ground experience in countries authorized to receive grants. (3) Responsibilities.--The Advisory Board should provide advice and guidance to the Board of Trustees on the development and implementation of programs and projects to be assisted by the Trust Fund and on leveraging donations to the Trust Fund. (4) Prohibition on payment of compensation.--Except for travel expenses (including per diem in lieu of subsistence), no member of the Advisory Board should receive compensation for services performed as a member of the Board. (b) United States Representative.--Notwithstanding any other provision of law (including an international agreement), a representative of the United States on the Advisory Board may not accept compensation for services performed as a member of the Board, except that such representative may accept travel expenses, including per diem in lieu of subsistence, while away from the representative's home or regular place of business in the performance of services for the Board. SEC. 7. REPORTS TO CONGRESS. (a) Annual Reports by Secretary of the Treasury.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the duration of the Trust Fund, the Secretary of the Treasury shall submit to the appropriate committees of Congress a report on the Trust Fund. (2) Report elements.--The report shall include a description of-- (A) the goals of the Trust Fund; (B) the programs, projects, and activities supported by the Trust Fund; (C) private and governmental contributions to the Trust Fund; (D) the criteria that have been established, acceptable to the Secretary of the Treasury and the Administrator of the United States Agency for International Development, that would be used to determine the programs and activities that should be assisted by the Trust Fund; (E) an assessment regarding the extent to which the Government of Afghanistan does or does not meet the requirements of section 4(b) for that fiscal year; and (F) with respect to a fiscal year for which Afghanistan is eligible to receive a grant under section 4, the impact of programming on food production and rural development in Afghanistan. (b) GAO Report on Trust Fund Effectiveness.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of the Congress a report evaluating the effectiveness of the Trust Fund, including-- (1) the effectiveness of the programs, projects, and activities described in subsection (a)(2)(B) in building sustainable food production and rural microenterprise loans in the countries authorized to receive grants under this section; and (2) an assessment of the merits of continued United States financial contributions to the Trust Fund. (c) Appropriate Committees Defined.--In subsection (a), the term ``appropriate committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. In addition to any other funds authorized to be appropriated for multilateral or bilateral programs related to sustainable food production and microenterprise systems, there is authorized to be appropriated to the Secretary of the Treasury $25,000,000 for fiscal year 2002 and $50,000,000 for each of the fiscal years 2003 through 2006 for payment to the Trust Fund. Of the amount appropriated pursuant to the authorization of appropriations under the preceding sentence for a fiscal year 60 percent should be designated for grants for Afghanistan. SEC. 9. CERTIFICATION REQUIREMENT. (a) In General.--Prior to the initial obligation or expenditure of funds appropriated pursuant to section 8, the Secretary of the Treasury shall certify that adequate procedures and standards have been established to ensure accountability for and monitoring of the use of funds contributed to the Trust Fund, including the cost of administering the Trust Fund. (b) Transmittal of Certification.--The certification required by subsection (a), and the bases for that certification, shall be submitted by the Secretary of the Treasury to Congress. SEC. 10. DEFINITIONS. In this Act: (1) Bank.--The term ``Bank'' means the International Bank for Reconstruction and Development. (2) Other countries of central asia.--The term ``other countries of Central Asia'' means Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan.
Afghanistan and Central Asian Republics Sustainable Food Production Trust Fund Act of 2001 - Directs the Secretary of the Treasury to enter into negotiations with the International Bank for Reconstruction and Development to establish an Afghanistan and Central Asian Republics Sustainable Food Production Trust Fund at the Bank to aid rural development in and create sustainable food production for Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Directs that grants from the Fund will go to assist nongovernmental organizations carrying out the following activities in those countries: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan.
To provide for the establishment of a trust fund at the International Bank for Reconstruction and Development to address long-term food production and rural development needs in Afghanistan and the Central Asian Republics.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat and Reduce Obesity Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, about 35 percent of adults aged 65 and over were obese in the period of 2007 through 2010, representing over 8 million adults aged 65 through 74. (2) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, and type 2 diabetes. (3) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare patients doubled from 1987 to 2002, and spending on those individuals more than doubled. (4) Obese men and women at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (5) The direct and indirect cost of obesity is more than $450 billion annually. (6) On average, an obese Medicare beneficiary costs $1,964 more than a normal-weight beneficiary. (7) The prevalence of obesity among older Americans is growing at a linear rate and, left unchanged, nearly half of the elderly population will be obese in 2030 according to a Congressional Research Report on obesity. SEC. 3. INCLUSION OF INFORMATION ON COVERAGE OF INTENSIVE BEHAVIORAL THERAPY FOR OBESITY IN THE MEDICARE AND YOU HANDBOOK. (a) In General.--Section 1804(a) of the Social Security Act (42 U.S.C. 1395b-2(a)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``, and''; and (3) by inserting after paragraph (3) the following new paragraph: ``(4) information on the coverage of intensive behavioral therapy for obesity under this title, including information regarding primary care physicians and other providers of services and suppliers who are eligible to furnish such therapy.''. (b) Effective Date.--The amendments made by this section shall apply to notices distributed on or after the date of enactment of this Act. SEC. 4. PLAN FOR COORDINATION OF HHS EFFORTS; PROVIDING THE SECRETARY OF HEALTH AND HUMAN SERVICES WITH AUTHORITY TO COORDINATE PROGRAMS TO PREVENT AND TREAT OBESITY AND EXPAND COVERAGE OPTIONS FOR OBESITY UNDER MEDICARE. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)), as amended by section 3, is amended by adding at the end the following new paragraph: ``(5)(A) Not later than 1 year after the date of enactment of the Treat and Reduce Obesity Act of 2013, the Secretary shall develop and implement a plan to coordinate the efforts of all offices and agencies of the Department of Health and Human Services (such as the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the National Institutes of Health, the Health Resources and Services Administration, and other offices and agencies) to treat, reduce, and prevent obesity and overweight in the adult population. Beginning 2 years after such date of enactment, the Secretary shall annually update such plan. ``(B) In developing and implementing the plan under subparagraph (A), the Secretary shall work with at least 5 representatives, selected by the Secretary, of expert organizations (such as public health associations, physician associations, key healthcare provider groups, planning and development organizations, education associations, advocacy groups, patient groups, relevant industries, State and local leadership, and other entities as determined appropriate by the Secretary). ``(C) The Secretary shall ensure that the plan under subparagraph (A) is coordinated with the National Prevention Strategy and does not duplicate the efforts of the National Prevention Council and the National Prevention Strategy. ``(D) The plan under subparagraph (A) shall include the following: ``(i) Strategies to comprehensively treat and reduce overweight and obesity. ``(ii) A description of-- ``(I) the coordination of interagency cooperation under the plan; and ``(II) actions under the plan related to the treatment and reduction of overweight and obesity in the United States. ``(iii) Identification of best practices in States, communities, organizations, businesses, and other entities as appropriate, regarding treatment of overweight and obesity. ``(iv) A description of collaboration with States, communities, organizations, businesses, and other appropriate entities to evaluate the effectiveness of obesity and overweight interventions under the plan. ``(v) Research initiatives, including ongoing surveillance and monitoring using tools such as the National Health and Nutrition Examination Survey and the Behavioral Risk Factor Surveillance System and assurances for adequate and consistent funding to support data collection and analysis to inform policy under the plan. ``(vi) Recommendations for the coordination of budgets, grant and pilot programs, policies, and programs across Federal agencies to cohesively treat overweight and obesity. ``(E) Not later than 24 months after the date of enactment of the Treat and Reduce Obesity Act of 2013, and on an annual basis thereafter, the Secretary shall submit to the President and to the relevant committees of Congress, a report that-- ``(i) summarizes the plan under subparagraph (A) to coordinate interagency efforts surrounding the treatment, reduction, and prevention of obesity and overweight, including a detailed strategic plan with recommendations for each office and agency involved; ``(ii) in the case of the second report submitted under this subparagraph (and each subsequent report), evaluates the effectiveness of those coordinated interventions and conducts interim assessments and reporting of health outcomes, achievement of milestones, and implementation of strategic plan goals; and ``(iii) makes recommendations for updating the plan for the following year based on data and findings from the previous year.''. SEC. 5. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL THERAPY. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)), as amended by sections 3 and 4, is amended by adding at the end the following new paragraph: ``(6)(A) The Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity-- ``(i) furnished by a physician (as defined in subsection (r)(1)) who is not a qualified primary care physician; ``(ii) furnished-- ``(I) by any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, and a registered dietitian or nutrition professional (as defined in subsection (vv)); ``(II) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and ``(III) in an office setting, a hospital outpatient department, or another setting specified by the Secretary; or ``(iii) furnished by an evidence-based, community-based lifestyle counseling program certified by the Secretary. ``(B) In order to ensure a collaborative effort, the coordination described in subparagraph (A)(ii)(II) may include the health care provider communicating to the physician or primary care practitioner making the referral any recommendations or treatment plans made regarding the therapy.''. SEC. 6. MEDICARE PART D COVERAGE OF OBESITY MEDICATION. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by inserting after ``restricted under section 1927(d)(2),'' the following, ``other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined for purposes of section 1861(yy)(2)(C)) or for being overweight (as defined for purposes of section 1861(yy)(2)(F)(i)) and if the individual has one or more comorbidities,''. (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of enactment of this Act.
Treat and Reduce Obesity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Directs the Secretary of Health and Human Services (HHS) to develop and implement a plan to coordinate the efforts of all HHS officers and agencies to treat, reduce, and prevent obesity and overweight in the adult population. Authorizes the Secretary, in addition to qualified primary care physicians and other primary care practitioners, to cover intensive behavioral therapy for obesity furnished by: (1) a physician who is not a qualified primary care physician; (2) an evidence-based, community-based HHS-certified lifestyle counseling program; or (3) any other appropriate health care provider (including a physician assistant, nurse practitioner, clinical nurse specialist, a clinical psychologist, and a registered dietitian or nutrition professional) upon referral from, and in coordination with, a physician or primary care practitioner in an office setting, a hospital outpatient department, or another HHS-specified setting. Authorizes the Secretary to cover under Medicare part D (Voluntary Prescription Drug Benefit Program) medication for treatment of obesity or for being overweight for individuals with one or more comorbidities.
Treat and Reduce Obesity Act of 2013
SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Protection and Baby Switching Prevention Act of 1998''. SEC. 2. MEDICARE AND MEDICAID PAYMENTS TO HOSPITALS CONTINGENT ON IMPLEMENTATION OF SECURITY PROCEDURES REGARDING INFANT PATIENT PROTECTION AND BABY SWITCHING. (a) Agreements With Hospitals.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (S), by striking the period at the end and inserting ``, or'', and (2) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of hospitals and critical access hospitals which provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital.''. (b) Regulations.-- (1) In general.--In promulgating regulations under subparagraph (T) of section 1866(a)(1) of such Act (42 U.S.C. 1395cc(a)(1)), as added by subsection (a), the Secretary of Health and Human Services shall-- (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals, (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent, and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish such regulations. In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties.-- (1) Amount of penalty.--A hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act (42 U.S.C. 1395cc) that commits a violation described in paragraph (2) of this subsection is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with less than 100 beds) for each such violation. (2) Violation described.--A hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary under section 1866(a)(1)(T) of such Act (42 U.S.C. 1395cc(a)(1)(T)) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) Administrative provisions.--The provisions of section 1128A of such Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a). (d) Effective Date.--The amendments made by this section shall take effect 18 months after the date of the enactment of this Act and apply to the entry and renewal of contracts under section 1866 of such Act (42 U.S.C. 1395cc) on or after such date. SEC. 2. BABY SWITCHING PROHIBITED. (a) In General.--Chapter 55 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1205. Baby switching ``(a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. ``(b) As used in this section, the term `identification record' means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: ``(1) The footprint, fingerprint, or photograph of the newborn patient. ``(2) A written description of the infant. ``(3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 18, United States Code, is amended by adding at the end the following new item: ``1205. Baby switching.''.
Infant Protection and Baby Switching Prevention Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to require certain hospitals reimbursed under Medicare to have in effect security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing. Provides penalties for hospitals failing to have such security procedures in effect. Amends the Federal criminal code to prohibit and provide penalties for baby switching in hospitals.
Infant Protection and Baby Switching Prevention Act of 1998
SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Enforcement and Deficit Reduction Act of 1993''. SEC. 2. MAXIMUM DEFICIT AMOUNTS AND DISCRETIONARY SPENDING LIMITS FOR FISCAL YEAR 1994-1998. (a) Maximum Deficit Amounts.--Section 601(a)(1) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) with respect to fiscal year 1994, $260,800,000,000; ``(E) with respect to fiscal year 1995, $240,000,000,000; ``(F) with respect to fiscal year 1996, $210,000,000,000; ``(G) with respect to fiscal year 1997, $170,000,000,000; and ``(H) with respect to fiscal year 1998, $130,000,000,000;''. (b) Discretionary Spending Limits.--(1) Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (D) and (E) and by inserting ``and'' at the end of subparagraph (B). (2) Section 601(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(3) Discretionary spending limits for fiscal years 1994- 1998.--The term `discretionary spending limit' means-- ``(A) for the defense category-- ``(i) with respect to fiscal year 1994, $264,800,000,000 in new budget authority and $275,800,000,000 in outlays; ``(ii) with respect to fiscal year 1995, $254,200,000,000 in new budget authority and $264,800,000,000 in outlays; ``(iii) with respect to fiscal year 1996, $244,000,000,000 in new budget authority and $254,200,000,000 in outlays; ``(iv) with respect to fiscal year 1997, $234,200,000,000 in new budget authority and $244,000,000,000 in outlays; and ``(v) with respect to fiscal year 1998, $224,900,000,000 in new budget authority and $234,300,000,000 in outlays; and ``(B) for the international category, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985-- ``(i) with respect to fiscal year 1994, $21,900,000,000 in new budget authority and $21,000,000,000 in outlays; and ``(ii) with respect to fiscal year 1995, 1996, 1997, or 1998, the level of new budget authority and outlays of the preceding fiscal year, including adjustments for inflation under such section 251; and ``(C) for the domestic category, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985-- ``(i) with respect to fiscal year 1994, $211,000,000,000 in new budget authority and $232,000,000,000 in outlays; and ``(ii) with respect to fiscal year 1995, 1996, 1997, or 1998, the level of new budget authority and outlays of the preceding fiscal year, including adjustments for inflation under such section 251.''. (c) Conforming Amendments.--(1) Section 601(b)(1) of the Congressional Budget Act of 1974 is amended by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''. (2) Section 602(c) of the Congressional Budget Act of 1974 is amended by striking ``1995'' and inserting ``1998''. (3) Section 602(d) of the Congressional Budget Act of 1974 is amended in its side heading by striking ``1995'' and inserting ``1998'' and by striking ``1995'' and inserting ``1998''. (4) Section 606(c) of the Congressional Budget Act of 1974 is amended-- (A) in subsection (a), by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''; and (B) in subsection (d), by striking ``and 1995'' and inserting ``1995, 1996, 1997, and 1998''. (5) Section 607 of the Congressional Budget Act of 1974 is amended by striking ``1995'' and inserting ``1998''. SEC. 3. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Section 250(a) is amended by striking ``1995'' and inserting ``1998''. (2) Section 250(c) is amended-- (A) in paragraph (4), by striking ``(A)'', by striking ``1991, 1992, and 1993'' and inserting ``1991 through 1998'', and by repealing subparagraph (B); (B) in paragraph (6)(B), by striking ``or 1995,'' and inserting ``1995, 1996, 1997, or 1998,''; and (C) in paragraph (14), by striking ``1995'' and inserting ``1998''. (3)(A) The side heading of section 251(a) is amended by striking ``1995'' and inserting ``1998''. (B) Section 251(b) is amended-- (i) by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998'' in the first sentence of paragraph (1), in paragraph (1)(B)(i), in the first sentence of paragraph (2), and in paragraph (2)(D); (ii) in paragraph (1)(B), effective for fiscal year 1994, by striking clause (ii) and inserting the following new clause: ``(ii) For a budget year the inflation adjustment factor shall be measured by the average of the estimated gross national product implicit price deflator index for a fiscal year divided by the average of the prior fiscal year.''; (iii) in the first sentence of paragraph (2) by striking ``through 1995'' and inserting ``through 1998''; and (iv) in paragraph (2)(F) by striking the comma after ``or 1993'' and all that follows and inserting a period. (4)(A) The side heading of section 252(a) is amended by striking ``1995'' and inserting ``1998''. (B) Section 252(d) is amended by striking ``1995'' and inserting ``1998'' each place it appears. (C) Section 252(e) is amended by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998'' and by striking ``through 1995'' and inserting ``through 1998''. (5) Section 253 is amended-- (A) in subsection (g)(1)(B), by inserting ``or any subsequent fiscal year through 1998'' after ``fiscal year 1994'', by striking ``fiscal years 1994 and 1995'' and inserting ``that fiscal year and the subsequent fiscal year (through fiscal year 1998)'', by striking the second sentence, and, in the last sentence, by striking ``through fiscal year'' and all that follows and inserting: ``shall be deemed to apply for that fiscal year.''; (B) in subsection (g)(1)(C), by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''; and (C) in subsection (h), by striking ``fiscal year 1994 and fiscal year 1995'' both places it appears and inserting ``fiscal year 1994, 1995, 1996, 1997, and 1998''. (6) Section 254 is amended-- (A) in subsection (c), by striking ``or 1995'' and inserting ``1995, 1996, 1997, or 1998''; (B) in subsection (d)(2), by striking ``1995'' and inserting ``1998''; and (C) in paragraphs (2)(A) and (3) of subsection (g), by striking ``1995'' and inserting ``1998''. (7) Section 275(b) is amended by striking ``1995'' and inserting ``1998''.
Budget Enforcement and Deficit Reduction Act of 1993 - Amends the Congressional Budget Act of 1974 to increase the maximum deficit amounts for FY 1994 and 1995 and to establish such amounts for FY 1996 through 1998. Repeals discretionary spending limits for FY 1994 and 1995. Establishes such limits for FY 1994 through 1998 for the defense, international, and domestic categories. Requires adjustments to the international and domestic categories to be made in strict conformance with enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Budget Enforcement and Deficit Reduction Act of 1993
SECTION 1. DEAUTHORIZATION OF THE BLUNT RESERVOIR FEATURE OF THE OAHE IRRIGATION PROJECT, SOUTH DAKOTA; CONVEYANCE. (a) Definitions.--In this section: (1) Blunt reservoir feature.--The term ``Blunt Reservoir feature'' means the Blunt Reservoir feature of the Oahe Irrigation Project authorized by section 9 of the Act of December 22, 1944 (58 Stat. 891, chapter 665), as part of the Pick-Sloan Missouri River Basin Program. (2) Commission.--The term ``Commission'' means the Commission of Schools and Public Lands of the State of South Dakota. (3) Preferential leaseholder.--The term ``preferential leaseholder'' means a leaseholder of a parcel of land who is-- (A) the person from whom the Secretary purchased the parcel for use in connection with the Blunt Reservoir feature; (B) the original operator of the parcel at the time of acquisition; or (C) a descendant of a person described in subparagraph (A) or (B). (4) Preferential lease parcel.--The term ``preferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature; and (B) is under lease to a preferential leaseholder as of the date of enactment of this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (b) Deauthorization.--The Blunt Reservoir feature is deauthorized. (c) Conveyance.--The Secretary shall convey all of the preferential lease parcels to the Commission, without consideration, on the condition that the Commission honor the purchase option provided to preferential leaseholders under subsection (d). (d) Purchase Option.-- (1) In general.--A preferential leaseholder shall have an option to purchase from the Commission the preferential lease parcel that is the subject of the lease. (2) Terms.--A preferential leaseholder may elect to purchase a parcel on 1 of the following terms: (A) Cash purchase for the amount that is equal to-- (i) the value of the parcel determined under paragraph (4); minus (ii) 10 percent of that value. (B) Installment purchase, with 20 percent of the value of the parcel determined under paragraph (4) to be paid on the date of purchase and the remainder to be paid over 30 years at 3 percent annual interest. (3) Option exercise period.-- (A) In general.--A preferential leaseholder shall have until the date that is 10 years after the date of the conveyance under subsection (c) to exercise the option under paragraph (1). (B) Continuation of leases.--Until the date specified in subparagraph (A), a preferential leaseholder shall be entitled to continue to lease from the Commission, under the same terms and conditions as under the lease as in effect as of the date of conveyance, the parcel leased by the preferential leaseholder. (4) Valuation.-- (A) In general.--The value of a preferential lease parcel shall be determined to be, at the election of the preferential leaseholder-- (i) the amount that is equal to 110 percent of the amount that is equal to-- (I) the number of acres of the preferential lease parcel; multiplied by (II) the amount of the per-acre assessment of adjacent parcels made by the Director of Equalization of the county in which the preferential lease parcel is situated; or (ii) the amount of a valuation of the preferential lease parcel for agricultural use made by an independent appraiser. (B) Cost of appraisal.--If a preferential leaseholder elects to use the method of valuation described in subparagraph (A)(ii), the cost of the valuation shall be paid by the preferential leaseholder. (e) Conveyance of Nonpreferentially Leased Parcels.--The Secretary shall convey to the South Dakota Department of Game, Fish, and Parks the Blunt Reservoir parcels that are leased on a nonpreferential basis. These lands shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.
Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program. Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to convey all of the preferential lease parcels to the Commission of Schools and Public Lands of South Dakota, on the condition that the Commission honor the purchase option provided to preferential leaseholders under this Act. Requires a preferential leaseholder to have an option to purchase from the Commission the preferential lease parcel that is the subject of the lease. Permits a preferential leaseholder to elect to purchase a parcel on one of the following terms: (1) cash purchase for the amount that is equal to the value of the parcel minus ten percent of that value; or (2) installment purchase, with 20 percent of the value of the parcel to be paid on the purchase date and the remainder to be paid over 30 years at three percent annual interest. Provides for such leaseholders to have until ten years after the date of the conveyance to exercise such option. Directs the Secretary, through the Commissioner, to convey to the South Dakota Department of Game, Fish, and Parks the Blunt Reservoir parcels that are leased on a nonpreferential basis to be used for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.
A bill to deauthorize the Blunt Reservoir feature of the Oahe Irrigation Project, South Dakota, and direct the Secretary of the Interior to convey certain parcels of land acquired for the reservoir to the Commission of Schools and Public Lands of the State of South Dakota, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission.
SECTION 1. SHORT TITLE. This Act may be cited as ``Mynisha's Law''. SEC. 2. FINDINGS. Congress finds-- (1) with an estimated 24,500 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children; (2) on November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year old Mynisha Crenshaw and seriously wounding her 14-year old sister as they ate Sunday dinner with their family; (3) this tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence; (4) according to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States; (5) the Federal Government has made an increased commitment to the suppression of gang violence through enhanced law enforcement and criminal penalties; and (6) more Federal resources and coordination are needed to reduce gang violence through proven and proactive prevention and intervention programs that focus on keeping at-risk youth in school and out of the criminal justice system. SEC. 3. DESIGNATION AS A COMPREHENSIVE GANG PREVENTION AND RELIEF AREA. (a) In General.--A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a Comprehensive Gang Prevention and Relief Area. (b) Criteria.-- (1) In general.--The Attorney General shall establish criteria for evaluating applications submitted under subsection (a) and for selecting areas for designation as Comprehensive Gang Prevention and Relief Areas. (2) Considerations.--In establishing criteria under subsection (a) and evaluating an application for designation as a Comprehensive Gang Prevention and Relief Area, the Attorney General shall consider-- (A) the current and predicted levels of gang crime activity in the area; (B) the extent to which violent crime in the area appears to be related to criminal gang activity; (C) the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities; and (D) such other criteria as the Attorney General determines to be appropriate. SEC. 4. INTERAGENCY GANG PREVENTION TASK FORCE. (a) In General.--In order to coordinate Federal assistance to Comprehensive Gang Prevention and Relief Areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this Act referred to as the ``Task Force''), consisting of a representative from-- (1) the Department of Justice; (2) the Department of Education; (3) the Department of Labor; (4) the Department of Health and Human Services; and (5) the Department of Housing and Urban Development. (b) Coordination.--For each Comprehensive Gang Prevention and Relief Area designated by the Attorney General under section 3, the Task Force shall-- (1) coordinate the activities of the Federal Government to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; and (2) coordinate its efforts with local and regional gang prevention efforts. (c) Programs.--The Task Force shall prioritize the needs of Comprehensive Gang Prevention and Relief Areas for funding under-- (1) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (2) the Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.); (3) the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c-8); (4) the Head Start Act (42 U.S.C. 9831 et seq.); (5) the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.); (6) the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.); (7) the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (8) the Gang Resistance Education and Training projects under subtitle X of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921); (9) any program administered by the Office of Community Oriented Policing Services; (10) the Juvenile Accountability Block Grant program under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.); (11) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and (12) any other program that the Task Force determines to be appropriate. (d) Reporting Requirements.-- (1) In general.--Not later than February 1 of each year, the Task Force shall submit to Congress and the Attorney General a report on the funding needs and programmatic outcomes for each area designated as a Comprehensive Gang Prevention and Relief Area. (2) Contents.--Each report under paragraph (1) shall include-- (A) an evidence-based analysis of the best practices and outcomes among the areas designated as Comprehensive Gang Prevention and Relief Areas; and (B) an analysis of the adequacy of Federal funding to meet the needs of each area designated as a Comprehensive Gang Prevention and Relief Area and, if the Task Force identifies any programmatic shortfalls in addressing gang prevention, a request for new funding or reprogramming of existing funds to meet such shortfalls. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to meet any needs identified by the Task Force as necessary to achieve the purposes of this Act.
Mynisha's Law - Authorizes any local or tribal government or a group of counties to submit an application to the Attorney General for designation as a Comprehensive Gang Prevention and Relief Area. Directs the Attorney General to: (1) establish criteria for reviewing such applications and for selecting areas for designation; and (2) establish an Interagency Gang Prevention Task Force. Directs the Task Force to: (1) coordinate government activities to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; (2) coordinate with local and regional gang prevention efforts; and (3) prioritize the needs of Comprehensive Gang Prevention and Relief Areas for funding under specified federal community assistance and grant programs.
To provide Federal coordination and assistance in preventing gang violence.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Results Through Innovation Act of 2017''. SEC. 2. TARGETED EMPLOYMENT AND TRAINING PROJECTS. Section 16(h)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)) is amended by adding at the end the following: ``(G) Targeted employment and training projects.-- ``(i) Establishment of program.--The Secretary shall establish and carry out a program that provides grants, on a competitive basis, to States to carry out 3-year projects as determined by the Secretary to provide targeted employment and training services designed-- ``(I) to raise short-term and long- term employment and increase earnings for members of households that receive supplemental nutrition assistance program benefits by using innovative approaches to remove barriers to employment and training; ``(II) to support a holistic, 2- generation approach to serving households; ``(III) to explore alternative integrated models for providing supportive services; or ``(IV) to target hard-to-serve populations such as homeless individuals, recently incarcerated individuals, or individuals with other substantial barriers to employment. ``(ii) Eligibility requirements for applicants.--To be eligible to receive in a fiscal year a grant under clause (i) to carry out a project, a State shall submit to the Secretary a separate application for such project that-- ``(I) contains such terms and conditions as the Secretary may require; ``(II) except as provided in this subparagraph, proposes to carry out a project that satisfies the requirements of sections 6(d) and 20; ``(III) proposes to carry out a project that provides at least one of the following-- ``(aa) services or benefits authorized under section 6(d)(4) or 20; ``(bb) other services or benefits designed to remove barriers or provide enhanced case management for-- ``(AA) members of households participating in the supplemental nutrition assistance program who are employed or participating in an allowable employment and training activity; ``(BB) members of households participating in the supplemental nutrition assistance program who formerly participated in employment and training and who are employed for a period of up to 180 days after an individual who received employment and training services under the program gains employment, or 90 days after the household has exceeded the gross income limit for program eligibility, whichever occurs first; or ``(CC) household members of individuals described in subitem (AA) or (BB) if such benefits or services are necessary for supporting the employment or employment and training activities of an individual described in subitem (AA) or (BB); and ``(cc) technical assistance for other States, local governments, or employment and training providers to assist in expanding or replicating proven approaches; ``(IV) specifies that such project will provide for the voluntary participation in employment and training programs by members of households that do not include an individual who receives cash assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); ``(V) provides that such project will be carried out by the State agency directly, or through a State or local government entity or a nonprofit private entity; and ``(VI) provides that the State agency may use not more than 5 percent of such grant for activities associated with administering the project, such as oversight and data reporting. ``(iii) Selection criteria.--In selecting for approval on a competitive basis applications for grants under this subparagraph, the Secretary shall-- ``(I) consider the capacity and relevant experience of the State agency (and the State or local government entity or the nonprofit private entity (if any)) that is proposed to carry out the project to achieve the goals of such project specified in the application, in providing effective employment and training programs (including employment and training programs under this Act and part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) for low-skill individuals; ``(II) consider whether such project has relevance for and could be replicated in other States; ``(III) consider the capacity of the applicant to measure the outcomes of such project; ``(IV) ensure that the projects, when considered as a group, will be carried out in a range of rural and urban areas, including those with high levels of poverty; and ``(V) in order to expand the number of households served or replicate successful strategies in other areas, give priority to-- ``(aa) projects with proven results under the pilot projects authorized by subparagraph (F); and ``(bb) other successful programs, as measured by increased employment and earnings under the reporting requirements in paragraph (5). ``(iv) Reporting.-- ``(I) Performance reports by grant recipients.--States that receive grants made under this subparagraph shall-- ``(aa) measure and report the performance of their projects in accordance with paragraph (5); ``(bb) include a cost- benefit analysis that shows the benefits to project participants and to taxpayers under this Act; and ``(cc) satisfy any other reporting requirements the Secretary considers to be appropriate. ``(II) Annual report by the secretary.--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 an annual report that includes a description of the outcomes measured by each State operating a project (during the project period and any subsequent evaluation period as determined by the Secretary) and of the extent to which such State achieved the goals of the project. ``(v) Funding.-- ``(I) Authorization of appropriations.--There are authorized to be appropriated to carry out this subparagraph-- ``(aa) $300,000,000 for fiscal year 2019; ``(bb) $350,000,000 for fiscal year 2020; ``(cc) $300,000,000 for each of the fiscal years 2021 and 2022; ``(dd) $400,000,000 for each of the fiscal years 2023 and 2024; ``(ee) $500,000,000 for each of the fiscal years 2025 and 2026; and ``(ff) $600,000,000 for each of the fiscal years 2027 and each fiscal year thereafter. ``(II) Maintenance of effort.-- Funds made available under this subparagraph may be used by States only to supplement, not to supplant, Federal or non-Federal funds used to provide current employment and training activities and services.''.
Results Through Innovation Act of 2017 This bill amends the Food and Nutrition Act of 2008 to require the Department of Agriculture to establish and carry out a program that provides grants on a competitive basis to states to carry out three-year projects to provide targeted employment and training services for Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) beneficiaries or hard-to-serve populations such as homeless and recently incarcerated individuals.
Results Through Innovation Act of 2017
SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalizing Cities Through Parks Enhancement Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) open spaces and community parks are a critically important portion of urban infrastructure; (2) many inner-city areas suffer from a lack of public open space for community residents to use for recreation, social interaction, and relief from dense urban conditions; (3) vacant lots, many in public ownership as a result of tax foreclosures, are common in inner-city areas; (4) the recent economic recession substantially increased the number of such vacant lots; (5) such lots often become drug trafficking areas, thereby decreasing the value of surrounding property and leading to higher crime rates in inner-city areas; and (6) the refurbishment of such lots, by removing garbage and rubble and creating well-lighted and maintained open spaces and community parks, would establish positive assets for surrounding communities, provide positive outlets for community youth, increase property values, make other types of investment in the communities more attractive, and generally improve the quality of life for residents of the affected communities. SEC. 3. AUTHORITY TO MAKE GRANTS. (a) In General.--The Secretary of Housing and Urban Development shall, to the extent amounts are provided in appropriation Acts pursuant to section 13, make grants under this Act to qualified community organizations for establishment of community open space in urban areas. (b) Amount.--The aggregate amount of any grants made under this Act to any single qualified community organization in any single fiscal year may not exceed $250,000. SEC. 4. QUALIFIED COMMUNITY ORGANIZATIONS. A grant under this Act may be made only to a nonprofit organization that-- (1) has among its purposes significant activities related to the improvement of the neighborhood, community, or city in which any property that is to be assisted with the grant under this Act is located; (2) has a history of serving such neighborhood, community, or city; (3) maintains, through significant representation on the organization's governing board and otherwise, accountability to residents of such neighborhood, community, or city; and (4) complies with such standards of financial accountability as the Secretary may require. SEC. 5. USE OF GRANT AMOUNTS. (a) Eligible Activities.--Amounts from a grant made under this Act may be used by the recipient of the grant only for costs relating to the establishment of community open space, as follows: (1) To develop eligible municipal real property for use as community open space, which shall include design, clearance, demolition, removal, beautification, site improvements, and construction or installation of facilities and improvements for such property. (2) To lease or otherwise obtain the use of eligible municipal real property for establishment of community open space. (3) To maintain community open space. (4) To cover other administrative costs related to the establishment, development, maintenance, administration, or management of the community open space, except that not more than 10 percent of any single grant made under this Act may be used for costs under this paragraph. (b) Development Plan Requirement.--Amounts from a grant made under this Act may be used by the recipient of a grant only to carry out activities under subsection (a) that are described in the development plan of the recipient approved by the Secretary under section 7 or that are described in an amendment to the development plan approved by the Secretary under section 9. (c) Community Involvement Requirements.--A qualified community organization that applies for a grant under this Act shall provide for involvement by interested residents and organizations of the neighborhood, community, or city in which the property to be assisted under plan is located in-- (1) establishing the development plan under section 7(b), which shall include-- (A) making the proposed development plan available in a manner that, in the determination of the Secretary, provides interested parties a reasonable opportunity to examine its content and to submit comments on the proposed plan; and (B) holding one or more public hearings to obtain the views of interested parties regarding the proposed plan; and (2) carrying out activities under the development plan, if the qualified community organization is a recipient. SEC. 6. ELIGIBLE MUNICIPAL REAL PROPERTY. Amounts from a grant under this Act may be used for costs under section 5(a) relating to the establishment of community open space only on real property that-- (1) is owned in fee simple by the unit of general local government in which the property is located; (2) is located in an urban area; (3) is free of structures; and (4) is subject to a binding commitment, entered into by the unit of general local government that owns the property and the eligible community organization receiving the grant, that makes the property available for use and improvement under this Act as community open space for a period of not less than 7 years. SEC. 7. APPLICATION AND DEVELOPMENT PLAN. (a) In General.--The Secretary shall provide for nonprofit organizations to submit applications to the Secretary for grants under this Act in such form and manner as the Secretary may require to carry out the purposes of this Act. (b) Development Plan.--The Secretary shall require each application to include a detailed plan for the use of any amounts received from a grant under this Act, which shall include-- (1) a description of any eligible municipal property that is to be established as community open space using such grant amounts; (2) evidence of the ownership of the eligible municipal property and the binding commitment required under section 6(4) for the property; (3) a description of the nonprofit organization applying for the grant that is sufficient to allow the Secretary to determine whether such organization is a qualified community organization; (4) a description of the activities under section 5(a) to be conducted with amounts from the grant; (5) evidence of any commitments to make assistance (other than assistance under this Act) available for use in developing or maintaining the community open space; (6) a description of the need for community open space in the neighborhood or community in which the eligible municipal property is located; (7) a description of how the nonprofit organization will provide for the maintenance of the community open space; (8) a description of the community participation involved (pursuant to section 5(c)) in establishing the plan, and the provisions made (pursuant to such section) for community participation in developing, maintaining, administering, and managing the community open space; (9) a budget specifying all of the estimated costs relating to the project to establish and maintain the community open space; and (10) any other information the Secretary considers appropriate to carry out this Act. SEC. 8. SELECTION AND GRANT AGREEMENTS. (a) Selection.--From among the applications submitted under section 7, the Secretary shall select qualified community organizations to receive grants under this Act pursuant to a competitive selection process. The Secretary shall review all applications received and may select only applications containing development plans that the Secretary approves as feasible and cost-effective pursuant to the competitive selection process. (b) Selection Criteria.--The competitive selection process referred to in subsection (a) shall be based upon selection criteria, which shall include-- (1) the extent of community involvement in the establishment, development, maintenance, administration, or management of the community open space; (2) the extent of need for community open space in the neighborhood or community in which the eligible municipal property is located; (3) the extent to which the development plan for the community open space limits administrative and management costs relating to the community open space; and (4) the extent to which commitments have been made providing assistance (other than assistance under this Act) for use in establishing, developing, maintaining, administering, or managing the community open space. (c) Grant Agreements.--The Secretary shall enter into agreements with each qualified community organization selected to receive a grant under this section as the Secretary considers necessary to ensure that amounts provided under the grant are used in accordance with the requirements of this Act to carry out the development plan approved under section 7 and any amendments to such plan approved under section 9. SEC. 9. AMENDMENTS TO DEVELOPMENT PLANS. The Secretary shall provide for recipients to submit amendments to development plans to the Secretary and for the Secretary to review, and approve or disapprove, such amendments. SEC. 10. REPORTS. (a) Recipients.--The Secretary may require each recipient to submit to the Secretary such reports as the Secretary considers appropriate to determine whether the recipient is carrying out the development plan for any community open space for which the grant was made and is complying with the provisions of this Act and any agreements entered into under section 8(c). (b) Secretary.--The Secretary shall submit a report to the Congress not less than annually describing the grants made under this Act, the recipients of the grants, and the community open space provided with such grant amounts. SEC. 11. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Community open space.--The term ``community open space'' means a parcel of real property that is used for open space, park, playground, garden, or other recreational or other similar purposes and is generally open to and available for use by the public. (2) Nonprofit organization.--The term ``nonprofit organization'' means a private organization that-- (A) is organized under State or local laws; and (B) has no part of its net earnings inuring to the benefit of any member, shareholder, founder, contributor, or individual. (3) Qualified community organization.--The term ``qualified community organization'' means a nonprofit organization that complies with the requirements under section 4 to be eligible to receive a grant under this Act. (4) Recipient.--The term ``recipient'' means a qualified community organization that receives a grant under this Act. (5) Urban area.--The term ``urban area'' means-- (A) a city within a standard metropolitan statistical area (as established by the Office of Management and Budget) which is the central city of such area (as defined and used by such Office); or (B) a city within such a standard metropolitan statistical area which has a population of 50,000 or more. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (7) Unit of general local government.--The term ``unit of general local government'' means any city, town, township, county, parish, village, or other general purpose political subdivision of a State. (8) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. SEC. 12. REGULATIONS. The Secretary shall issue any regulations necessary to carry out this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for grants under this Act $10,000,000 for fiscal year 1995 and $10,000,000 for fiscal year 1996.
Revitalizing Cities Through Parks Enhancement Act - Directs the Secretary of Housing and Urban Development to make grants to eligible community organizations to establish urban open space and parks on municipally owned vacant lots. Authorizes appropriations.
Revitalizing Cities Through Parks Enhancement Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Health Benefits Disclosure Act of 2000''. SEC. 2. NOTIFICATION OF EMPLOYER COST OF PROVIDING HEALTH COVERAGE FOR EMPLOYEES. (a) In General.--Every large employer who provides health coverage for an employee during any calendar year shall notify such employee of the amount of the employer health plan contribution for such year. (b) Employer Health Plan Contribution.--For purposes of this section-- (1) In general.--The term ``employer health plan contribution'' means, with respect to an employee, the cost of the employer-provided coverage for such employee under any health plan. (2) Alternative amount.-- (A) In general.--In lieu of applying paragraph (1), an employer may treat the employer health plan contribution as being the applicable premium (as defined in section 4980B(f)(4) of the Internal Revenue Code of 1986) for the employee reduced by the employee's share of such premium. (B) Employee's share.--The term ``employee's share'' means, with respect to the applicable premium for any employee, the amount of the cost to the plan which is paid by similarly situated beneficiaries who are taken into account in determining such premium for such employee. (c) Statement Required To Be Included on Notice.--Each notice provided under this section shall include the following statement with respect to the employer health plan contribution: ``This contribution is part of your total compensation and reduces your cash wages and other compensation by a like amount.'' (d) Other Definitions.--For purposes of this section-- (1) Large employer.-- (A) In general.--The term ``large employer'' means, with respect to a calendar year, any employer who employed an average of 100 or more employees on business days during the preceding calendar year. 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. (B) Employers not in existence in preceding year.-- In the case of an employer which was not in existence throughout the preceding calendar year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days during the current calendar year. (C) Special rules.-- (i) Controlled groups.--For purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. (ii) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Employee.--Except for purposes of paragraph (1), the term ``employee'' includes a former employee and an individual who is a beneficiary by reason of a deceased employee. (e) Means of Notice.--The notice required under this section may be made by mail, by including the required information with a payment of wages or with a description of the plan provided to employees, or by other reasonable means. (f) Penalty for Failure To Notify.-- (1) In general.--A large employer who willfully fails to provide a timely notice under this section to an employee, or who willfully furnishes a notice stating a false employer health plan contribution, shall for each such failure be subject to a penalty under subchapter B of chapter 68 of the Internal Revenue Code of 1986 of $50, which shall be assessed and collected in the same manner as the tax on employers imposed by section 3111 of such Code. (2) Safe harbor.--An employer shall be treated as providing a timely notice under this section with respect to any period during a calendar year if such notice is provided on or before January 31 of the succeeding year. (g) Administrative Authority.--The Secretary of the Treasury or the Secretary's delegate shall prescribe such regulations as may be appropriate to carry out this section and shall have administrative responsibility for determining whether the requirements of this section are met. SEC. 3. EFFECTIVE DATE. This Act shall apply to calendar years after 2004.
Provides a penalty for noncompliance. Applies this Act to calendar years after 2004.
Employee Health Benefits Disclosure Act of 2000
SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Freedom Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The rise to power of the Taliban in Afghanistan has caused a drastic decline in the human, political, and civil rights of the Afghan people, particularly among women, girls, and ethnic minorities. (2) In the year 2001, millions of Afghans are on the verge of starvation, the largest such group in the world. (3) The United States is the single largest donor of humanitarian assistance to Afghanistan, totaling more than $185,000,000 in fiscal year 2001. (4) There are approximately 2,000,000 Afghan refugees in Pakistan, 1,500,000 Afghan refugees in Iran, and 1,000,000 internally displaced persons in Afghanistan, most fleeing oppression, violence, and economic hardship. (5) During the period of Taliban rule, Afghanistan has become the world's largest source of illegal opium, and proceeds from the sale of raw opium to drug traffickers are used by the Taliban to finance its war on the Afghan people. (6) Under Taliban rule, Afghanistan has become a training ground, operational base, and safe haven for terrorists and international terrorist organizations, many of whom gain experience fighting alongside Taliban forces inside Afghanistan prior to conducting terrorist operations outside Afghanistan. (7) The Taliban have, since 1996, harbored and protected terrorist leader Osama bin Laden and members of his terrorist al Qaeda network. (8) Osama bin Laden and his al Qaeda associates were indicted for the August 7, 1998, bombings of the United States embassies in Nairobi, Kenya, and Dar-es-Salaam, Tanzania, as a result of which the United Nations Security Council adopted Resolution 1267 (1999), demanding that the Taliban surrender Osama bin Laden for trial and determining that the Taliban's continued provision of sanctuary to international terrorist organizations constitutes a threat to international peace and security. (9) In order to compel the Taliban to surrender Osama bin Laden and terminate support for international terrorist organizations, the United Nations Security Council has imposed progressively more comprehensive sanctions on the Taliban under Resolutions 1267 (1999), 1333 (2000), and 1363 (2001), which sanctions are binding on all members of the United Nations under Chapter VII of the Charter of the United Nations. (10) As a result of the Taliban's failure to comply with the demands of the United States and the United Nations Security Council, Osama bin Laden and his al Qaeda network were able to orchestrate from Afghanistan the September 11, 2001, terrorist attack on the United States in which approximately 6,000 Americans and foreign nationals were murdered. (11) The Taliban have, since the September 11th attack on the United States, rejected all entreaties by the United States and other governments to surrender Osama bin Laden, close down international terrorist operations in Afghanistan, and comply with the other demands that have been made by the United Nations Security Council. (12) Afghanistan is an ethnically diverse nation that can prosper only under a representative government that affords all citizens of that nation their basic human rights, restores peace and security, eradicates the drug trade, and brings all terrorists and terrorist organizations in Afghanistan to justice. SEC. 3. UNITED STATES POLICY TOWARD AFGHANISTAN. It shall be the policy of the United States to promote the removal from power of the Taliban regime in Afghanistan so as to diminish the risk of future terrorist attack on the United States and restore basic human freedoms to the people of Afghanistan. SEC. 4. MILITARY ASSISTANCE TO AFGHAN RESISTANCE ORGANIZATIONS. (a) Authority To Provide Military Assistance.-- (1) Types of assistance.--The President is authorized to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training for eligible Afghan resistance organizations. (2) Amount of assistance.--The aggregate value (as defined in section 644(m) of the Foreign Assistance Act of 1961) of assistance provided under paragraph (1) may not exceed $300,000,000. (b) Eligible Afghan Resistance Organizations.--An Afghan resistance organization shall be eligible to receive assistance under subsection (a) if the President determines and reports to the appropriate congressional committees that such organization, or coalition of organizations, is committed to-- (1) the removal from power of the Taliban regime in Afghanistan; (2) preservation of the territorial integrity and political independence of Afghanistan; (3) respect for internationally recognized human rights; and (4) the suppression of terrorism in all of its forms and the surrender to justice of all international terrorists in Afghanistan, including perpetrators of the September 11, 2001, attack on the United States. (c) Reimbursement for Assistance.-- (1) In general.--Defense articles, defense services, and military education and training provided under subsection (a) shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to the authorization of appropriations under paragraph (2). (2) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated to the President for fiscal year 2002 such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 644(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under subsection (a). (B) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended, and are in addition to amounts otherwise available for the purposes described in this section. (e) Authority To Provide Assistance.--Activities under this section may be undertaken notwithstanding any other provision of law. SEC. 5. DISASTER AND HUMANITARIAN ASSISTANCE FOR THE PEOPLE OF AFGHANISTAN. (a) Disaster and Humanitarian Assistance.--Chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) is amended by adding at the end the following: ``SEC. 495L. AFGHAN RELIEF, REHABILITATION, AND RECONSTRUCTION. ``(a) Declaration of Policy.--Congress recognizes that prompt United States assistance is necessary to alleviate the human suffering of the people of Afghanistan from four years of extreme drought and 20 years of civil war and to restore the confidence of the people in that country. ``(b) Assistance.--The President is authorized to furnish assistance on such terms and conditions as the President may determine for the relief, rehabilitation and reconstruction needs of the people of Afghanistan, including displaced persons and other needy people. Assistance provided under this section shall be for humanitarian purposes with emphasis on providing food, medicine and medical care, clothing, temporary shelter, and transportation for emergency supplies and personnel. ``(c) Policies and Authorities To Be Applied.--(1) Assistance under this section shall be provided in accordance with the policies and general authorities of section 491. ``(2) Assistance under this section or any other provision of law to alleviate the human suffering caused by famine and disease in Afghanistan shall be provided, to the maximum extent practicable, through international agencies, private voluntary organizations, and any eligible Afghan resistance organization. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the President to carry out this section $100,000,000 for each of the fiscal years 2002 and 2003. Amounts appropriated pursuant to the authorization of appropriations under the preceding sentence are in addition to amounts otherwise available for such purposes and are authorized to remain available until expended.''. (b) Other Assistance for Afghanistan.-- (1) Assistance.--The President is authorized to provide assistance from funds made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund) for the provision of food, medicine, or other assistance to the Afghan people, notwithstanding any other provision of law. (2) Amount of assistance.--In each of fiscal years 2002 and 2003, not less than $50,000,000 of the aggregate amount of funds made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 is authorized to be made available for assistance to the Afghan people pursuant to paragraph (1). SEC. 6. ESTABLISHMENT OF RADIO FREE AFGHANISTAN. (a) Establishment.--The Broadcasting Board of Governors is authorized to make grants for surrogate radio broadcasting by RFE/RL, Incorporated (formerly known as Radio Free Europe/Radio Liberty) to the people of Afghanistan in languages spoken in Afghanistan, such broadcasts to be designated ``Radio Free Afghanistan''. (b) Submission of Plan to Broadcasting Board of Governors.--Not later than 15 days after the date of the enactment of this Act, RFE/RL, Incorporated, shall submit to the Broadcasting Board of Governors a detailed plan for the establishment of the surrogate radio broadcasting described in subsection (a). (c) Authorization of Appropriations.-- (1) Fiscal years 2002 and 2003.--In addition to such sums as are authorized to be appropriated for each of the fiscal years 2002 and 2003 for ``International Broadcasting Operations'', $8,000,000 is authorized to be appropriated for the fiscal year 2002 and $6,000,000 is authorized to be appropriated for the fiscal year 2003 for ``International Broadcasting Operations'' to be available only for the surrogate radio broadcasting described in subsection (a). (2) Transmitter.--Of the amounts authorized to be appropriated by paragraph (1) for the fiscal year 2002, $1,500,000 shall be available only for a new transmitter for the surrogate radio broadcasting described in subsection (a). SEC. 7. COMPLIANCE WITH MEASURES DIRECTED AGAINST THE TALIBAN BY THE UNITED NATIONS SECURITY COUNCIL. (a) Reports to Congress.--Not later than one month after the date of the enactment of this Act, and every three months thereafter until the President determines and reports to the appropriate congressional committees that the Taliban no longer exercises power in any part of Afghanistan, the President shall submit to the appropriate congressional committees a report that identifies the government of each foreign country with respect to which there is credible information that the government has, on or after the date of the enactment of this Act, violated, or permitted persons subject to its jurisdiction to violate, measures directed against the Taliban pursuant to United Nations Security Council Resolutions 1267 (1999), 1333 (2000), or 1363 (2001), or pursuant to any other United Nations Security Council resolution adopted under the authority of Chapter VII of the Charter of the United Nations. (b) Content of Reports.--Each report submitted under subsection (a) shall detail with respect to each government of a foreign country identified in such report the nature of the violation (other than violations detailed in previous reports submitted pursuant to this section), and shall evaluate-- (1) the importance of the violation to the efforts of the Taliban to remain in power in Afghanistan; (2) the importance of the violation to the efforts of terrorist groups to continue operating from Afghanistan; and (3) the risk posed by such violation to the safety of the United States Armed Forces and the armed forces of other countries acting in coalition with the United States. (c) Authority To Impose United States Sanctions.--The President is authorized to impose one or more of the United States sanctions provided in subsection (d) if the President determines and reports to the appropriate congressional committees that-- (1) a government of a foreign country identified in a report submitted under subsection (a) has knowingly violated, or knowingly permitted persons subject to its jurisdiction to violate, measures directed against the Taliban pursuant to United Nations Security Council Resolutions 1267 (1999), 1333 (2000), or 1363 (2001), or pursuant to any other United Nations Security Council resolution adopted under the authority of Chapter VII of the Charter of the United Nations; and (2) such violation has put at risk the lives of members of the United States Armed Forces, or other United States citizens. (d) United States Sanctions Authorized To Be Imposed.--The United States sanctions referred to in subsection (c) are the following: (1) No assistance may be provided to that government or nationals under the Foreign Assistance Act of 1961 or the Arms Export Control Act. (2) No license may be issued for any transfer to that government or nationals of any goods, services, or technology controlled under the Arms Export Control Act, the Export Administration Act of 1979, or the Export Administration Regulations. (3) The restrictions of subsections (a) and (b) of section 3 of the Trading With the Enemy Act (50 U.S.C. App. 3(a) and (b)) shall apply to relations between the United States and the government of a foreign country and all nationals of that country with respect to which the President makes a determination described in subsection (c). SEC. 8. SUBMISSION OF DETERMINATIONS AND REPORTS IN CLASSIFIED FORM. When the President considers it appropriate, determinations and reports to the appropriate congressional committees submitted under this Act, or appropriate parts thereof, may be submitted in classified form. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) National.--The term ``national'' means, with respect to a foreign country, a national of the country, including a natural person, corporation, business association, partnership, or other entity operating as a business enterprise under the laws of the country.
Afghanistan Freedom Act of 2001- Declares it the policy of the United States to promote the removal from power of the Taliban regime in Afghanistan in order to diminish the risk of terrorist attack on the United States and to restore basic freedoms to the Afghan people.Authorizes the President to provide military assistance, including defense articles, services, and education and training, for eligible Afghan resistance organizations.Amends the Foreign Assistance Act of 1961 to authorize the President to provide humanitarian assistance to the Afghan people, with emphasis on food, medicine, medical care, clothing, temporary shelter, and transportation for emergency supplies and personnel. Requires that such assistance be provided, to the extent practicable, through international agencies, private voluntary organizations, and eligible Afghan resistance organizations.Authorizes the Broadcasting Board of Governors to make grants for, and requires submission of a plan for establishing, surrogate radio broadcasting by RFE/RL, Incorporated (formerly known as Radio Free Europe/Radio Liberty) to the people of Afghanistan (to be designated as Radio Free Afghanistan).Requires the President to submit quarterly reports to the appropriate congressional committees on violations by foreign countries or nationals of measures directed against the Taliban pursuant to specified United Nations Security Council resolutions. Requires such reports to evaluate the seriousness of any violations and authorizes the President to impose sanctions for violations that put at risk the lives of U.S. armed forces personnel or citizens, including: (1) denying assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) denying licenses for transfers of goods, services, or technology controlled under the Arms Export Control Act, the Export Administration Act of 1979, or the Export Administration Regulations; or (3) applying restrictions under the Trading With the Enemy Act.
To contribute to the defense of the United States against future terrorist attack by providing for the removal from power of the Taliban regime in Afghanistan.