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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. |
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