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SECTION 1. FINDINGS.
Congress finds the following:
(1) On November 11, 1620, prior to embarking for the shores of
America, the Pilgrims signed the Mayflower Compact that declared:
``Having undertaken, for the Glory of God and the advancement of
the Christian Faith and honor of our King and country, a voyage to
plant the first colony in the northern parts of Virginia,''.
(2) On July 4, 1776, America's Founding Fathers, after
appealing to the ``Laws of Nature, and of Nature's God'' to justify
their separation from Great Britain, then declared: ``We hold these
Truths to be self-evident, that all Men are created equal, that
they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty, and the Pursuit of Happiness''.
(3) In 1781, Thomas Jefferson, the author of the Declaration of
Independence and later the Nation's third President, in his work
titled ``Notes on the State of Virginia'' wrote: ``God who gave us
life gave us liberty. And can the liberties of a nation be thought
secure when we have removed their only firm basis, a conviction in
the minds of the people that these liberties are of the Gift of
God. That they are not to be violated but with His wrath? Indeed, I
tremble for my country when I reflect that God is just; that his
justice cannot sleep forever.''.
(4) On May 14, 1787, George Washington, as President of the
Constitutional Convention, rose to admonish and exhort the
delegates and declared: ``If to please the people we offer what we
ourselves disapprove, how can we afterward defend our work? Let us
raise a standard to which the wise and the honest can repair; the
event is in the hand of God!''.
(5) On July 21, 1789, on the same day that it approved the
Establishment Clause concerning religion, the First Congress of the
United States also passed the Northwest Ordinance, providing for a
territorial government for lands northwest of the Ohio River, which
declared: ``Religion, morality, and knowledge, being necessary to
good government and the happiness of mankind, schools and the means
of education shall forever be encouraged.''.
(6) On September 25, 1789, the First Congress unanimously
approved a resolution calling on President George Washington to
proclaim a National Day of Thanksgiving for the people of the
United States by declaring, ``a day of public thanksgiving and
prayer, to be observed by acknowledging, with grateful hearts, the
many signal favors of Almighty God, especially by affording them an
opportunity peaceably to establish a constitution of government for
their safety and happiness.''.
(7) On November 19, 1863, President Abraham Lincoln delivered
his Gettysburg Address on the site of the battle and declared: ``It
is rather for us to be here dedicated to the great task remaining
before us--that from these honored dead we take increased devotion
to that cause for which they gave the last full measure of
devotion--that we here highly resolve that these dead shall not
have died in vain--that this Nation, under God, shall have a new
birth of freedom--and that Government of the people, by the people,
for the people, shall not perish from the earth.''.
(8) On April 28, 1952, in the decision of the Supreme Court of
the United States in Zorach v. Clauson, 343 U.S. 306 (1952), in
which school children were allowed to be excused from public
schools for religious observances and education, Justice William O.
Douglas, in writing for the Court stated: ``The First Amendment,
however, does not say that in every and all respects there shall be
a separation of Church and State. Rather, it studiously defines the
manner, the specific ways, in which there shall be no concern or
union or dependency one on the other. That is the common sense of
the matter. Otherwise the State and religion would be aliens to
each other--hostile, suspicious, and even unfriendly. Churches
could not be required to pay even property taxes. Municipalities
would not be permitted to render police or fire protection to
religious groups. Policemen who helped parishioners into their
places of worship would violate the Constitution. Prayers in our
legislative halls; the appeals to the Almighty in the messages of
the Chief Executive; the proclamations making Thanksgiving Day a
holiday; `so help me God' in our courtroom oaths--these and all
other references to the Almighty that run through our laws, our
public rituals, our ceremonies would be flouting the First
Amendment. A fastidious atheist or agnostic could even object to
the supplication with which the Court opens each session: `God save
the United States and this Honorable Court.'''.
(9) On June 15, 1954, Congress passed and President Eisenhower
signed into law a statute that was clearly consistent with the text
and intent of the Constitution of the United States, that amended
the Pledge of Allegiance to read: ``I pledge allegiance to the Flag
of the United States of America and to the Republic for which it
stands, one Nation under God, indivisible, with liberty and justice
for all.''.
(10) On July 20, 1956, Congress proclaimed that the national
motto of the United States is ``In God We Trust'', and that motto
is inscribed above the main door of the Senate, behind the Chair of
the Speaker of the House of Representatives, and on the currency of
the United States.
(11) On June 17, 1963, in the decision of the Supreme Court of
the United States in Abington School District v. Schempp, 374 U.S.
203 (1963), in which compulsory school prayer was held
unconstitutional, Justices Goldberg and Harlan, concurring in the
decision, stated: ``But untutored devotion to the concept of
neutrality can lead to invocation or approval of results which
partake not simply of that noninterference and noninvolvement with
the religious which the Constitution commands, but of a brooding
and pervasive devotion to the secular and a passive, or even
active, hostility to the religious. Such results are not only not
compelled by the Constitution, but, it seems to me, are prohibited
by it. Neither government nor this Court can or should ignore the
significance of the fact that a vast portion of our people believe
in and worship God and that many of our legal, political, and
personal values derive historically from religious teachings.
Government must inevitably take cognizance of the existence of
religion and, indeed, under certain circumstances the First
Amendment may require that it do so.''.
(12) On March 5, 1984, in the decision of the Supreme Court of
the United States in Lynch v. Donelly, 465 U.S. 668 (1984), in
which a city government's display of a nativity scene was held to
be constitutional, Chief Justice Burger, writing for the Court,
stated: ``There is an unbroken history of official acknowledgment
by all three branches of government of the role of religion in
American life from at least 1789 . . . [E]xamples of reference to
our religious heritage are found in the statutorily prescribed
national motto `In God We Trust' (36 U.S.C. 186), which Congress
and the President mandated for our currency, see (31 U.S.C.
5112(d)(1) (1982 ed.)), and in the language `One Nation under God',
as part of the Pledge of Allegiance to the American flag. That
pledge is recited by many thousands of public school children--and
adults--every year . . . Art galleries supported by public revenues
display religious paintings of the 15th and 16th centuries,
predominantly inspired by one religious faith. The National Gallery
in Washington, maintained with Government support, for example, has
long exhibited masterpieces with religious messages, notably the
Last Supper, and paintings depicting the Birth of Christ, the
Crucifixion, and the Resurrection, among many others with explicit
Christian themes and messages. The very chamber in which oral
arguments on this case were heard is decorated with a notable and
permanent--not seasonal--symbol of religion: Moses with the Ten
Commandments. Congress has long provided chapels in the Capitol for
religious worship and meditation.''.
(13) On June 4, 1985, in the decision of the Supreme Court of
the United States in Wallace v. Jaffree, 472 U.S. 38 (1985), in
which a mandatory moment of silence to be used for meditation or
voluntary prayer was held unconstitutional, Justice O'Connor,
concurring in the judgment and addressing the contention that the
Court's holding would render the Pledge of Allegiance
unconstitutional because Congress amended it in 1954 to add the
words ``under God,'' stated ``In my view, the words `under God' in
the Pledge, as codified at (36 U.S.C. 172), serve as an
acknowledgment of religion with `the legitimate secular purposes of
solemnizing public occasions, [and] expressing confidence in the
future.'''.
(14) On November 20, 1992, the United States Court of Appeals
for the 7th Circuit, in Sherman v. Community Consolidated School
District 21, 980 F.2d 437 (7th Cir. 1992), held that a school
district's policy for voluntary recitation of the Pledge of
Allegiance including the words ``under God'' was constitutional.
(15) The 9th Circuit Court of Appeals erroneously held, in
Newdow v. U.S. Congress (9th Cir. June 26, 2002), that the Pledge
of Allegiance's use of the express religious reference ``under
God'' violates the First Amendment to the Constitution, and that,
therefore, a school district's policy and practice of teacher-led
voluntary recitations of the Pledge of Allegiance is
unconstitutional.
(16) The erroneous rationale of the 9th Circuit Court of
Appeals in Newdow would lead to the absurd result that the
Constitution's use of the express religious reference ``Year of our
Lord'' in Article VII violates the First Amendment to the
Constitution, and that, therefore, a school district's policy and
practice of teacher-led voluntary recitations of the Constitution
itself would be unconstitutional.
SEC. 2. ONE NATION UNDER GOD.
(a) Reaffirmation.--Section 4 of title 4, United States Code, is
amended to read as follows:
``Sec. 4. Pledge of allegiance to the flag; manner of delivery
``The Pledge of Allegiance to the Flag: `I pledge allegiance to the
Flag of the United States of America, and to the Republic for which it
stands, one Nation under God, indivisible, with liberty and justice for
all.', should be rendered by standing at attention facing the flag with
the right hand over the heart. When not in uniform men should remove
any non-religious headdress with their right hand and hold it at the
left shoulder, the hand being over the heart. Persons in uniform should
remain silent, face the flag, and render the military salute.''.
(b) Codification.--In codifying this subsection, the Office of the
Law Revision Counsel shall show in the historical and statutory notes
that the 107th Congress reaffirmed the exact language that has appeared
in the Pledge for decades.
SEC. 3. REAFFIRMING THAT GOD REMAINS IN OUR MOTTO.
(a) Reaffirmation.--Section 302 of title 36, United States Code, is
amended to read as follows:
``Sec. 302. National motto
```In God we trust' is the national motto.''.
(b) Codification.--In codifying this subsection, the Office of the
Law Revision Counsel shall make no change in section 302, title 36,
United States Code, but shall show in the historical and statutory
notes that the 107th Congress reaffirmed the exact language that has
appeared in the Motto for decades.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Reaffirms: (1) the language of the Pledge of Allegiance to the Flag, including the phrase "one Nation under God"; and (2) the national motto "In God we trust."Modifies the manner in which the Pledge is to be delivered by stating that, when not in uniform, men should remove any non-religious headdress (currently, any headdress). | A bill to reaffirm the reference to one Nation under God in the Pledge of Allegiance. |
SECTION 1. TREATMENT OF BONDS ISSUED TO FINANCE RENEWABLE ENERGY
RESOURCE FACILITIES AND CONSERVATION AND EFFICIENCY
FACILITIES AND OTHER SPECIFIED GREENHOUSE GAS EMISSION
TECHNOLOGIES.
(a) In General.--Section 142(a) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting a comma,
and by inserting after paragraph (15) the following new paragraphs:
``(16) renewable energy resource facilities,
``(17) conservation and efficiency facilities and projects,
or
``(18) zero emission vehicles and related facilities or
projects.''.
(b) Renewable Energy Resource Facility.--Section 142 of such Code
is further amended by adding at the end the following new subsection:
``(n) Renewable Energy Resource Facilities.--For purposes of
subsection (a)(16)--
``(1) In general.--The term `renewable energy resource
facility' means--
``(A) any facility used to produce electric or
thermal energy (including a distributed generation
facility) from--
``(i) solar, wind, or geothermal energy,
``(ii) marine and hydrokinetic renewable
energy,
``(iii) incremental hydropower,
``(iv) biomass (as defined in section
203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b))), or
``(v) landfill gas, or
``(B) any facility or project used for the
manufacture of facilities referred to in subparagraph
(A).
``(2) Definitions.--For purposes of paragraph (1)--
``(A) Geothermal energy.--The term `geothermal
energy' means energy derived from a geothermal deposit
(within the meaning of section 613(e)(2)) or from
geothermal heat pumps.
``(B) Marine and hydrokinetic renewable energy.--
The term `marine and hydrokinetic renewable energy' has
the meaning given such term in section 45(c)(10).
``(C) Incremental hydropower.--The term
`incremental hydropower' means additional energy
generated as a result of efficiency improvements or
capacity additions to existing hydropower facilities
made on or after the date of enactment of this
subsection. The term `incremental hydropower' does not
include additional energy generated as a result of
operational changes not directly associated with
efficiency improvements or capacity additions.''.
(c) Conservation and Efficiency.--Section 142 of such Code is
amended by adding at the end the following new subsection:
``(o) Conservation and Efficiency Facilities and Projects.--For
purposes of subsection (a)(17), the term `conservation and efficiency
facility and project' means--
``(1) any facility used for the conservation or the
efficient use of energy, including energy efficient
retrofitting of existing buildings, or for the efficient
storage, transmission, or distribution of energy, including any
facility or project designed to implement smart grid
technologies (as described in title XIII of the Energy
Independence and Security Act of 2007, or individual components
of such technologies as listed in section 1301 of such Act),
``(2) any facility used for the conservation of or the
efficient use of water, including--
``(A) any facility or project designed to--
``(i) reduce the demand for water,
``(ii) improve efficiency in use and reduce
losses and waste of water, and
``(iii) improve land management practices
to conserve water, or
``(B) any individual component of a facility or
project referred to in subparagraph (A), or
``(3) any facility or project used for the manufacture of
facilities referred to in paragraphs (1) and (2).
For purposes of paragraph (2)(A), facilities and projects does not
include facilities or projects that store water.''.
(d) Zero Emission Vehicles and Related Facilities or Projects.--
Section 142 of such Code is amended by adding at the end the following
new subsection:
``(p) Zero Emission Vehicles and Related Facilities or Projects.--
``(1) Zero emission vehicles.--The term `zero emission
vehicles' means vehicles that have no tailpipe emissions,
evaporative emissions, or onboard emission-control systems that
can deteriorate over time.
``(2) Facilities related to zero emission vehicles.--A
facility or project is related to a zero emission vehicle if
the facility is any real or personal property to be used in the
design, technology transfer, manufacture, production, assembly,
distribution, or service of zero emission vehicles.''.
(e) Coordination With Section 45.--Paragraph (3) of section 45(b)
of such Code is amended by adding at the end the following new
sentence: ``Clause (ii) of subparagraph (A) shall not apply with
respect to (I) any qualified facility that is a renewable energy
resource facility described in section 142(a)(16), (II) any qualified
facility that is a conservation and efficiency facility described in
section 142(a)(17), or (III) any qualified facility that is a zero
emission vehicle and related facility or project described in section
142(a)(18).''.
(f) Coordination With Section 45K.--Subparagraph (A) of section
45K(b)(3) of such Code is amended by adding at the end the following
flush sentence: ``Clause (i)(II) shall not apply with respect to (aa)
any qualified facility that is a renewable energy resource facility
described in section 142(a)(16), (bb) any qualified facility that is a
conservation and efficiency facility described section 142(a)(17), or
(cc) any qualified facility that is a zero emission vehicle and related
facility or project described in section 142(a)(18).''.
(g) Coordination With Section 146(g)(3).--Section 146(g)(3) is
amended by striking ``or (15)'' and all that follows through the end of
the paragraph and inserting ``(15), (16), (17), or (18)''.
(h) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act. | Amends the Internal Revenue Code to allow a tax exemption of the interest on bonds issued to finance renewable energy resource facilities, conservation and efficiency facilities and projects, and zero emission vehicles and related facilities or projects. | To amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance renewable energy resource facilities, conservation and efficiency facilities, and other specified greenhouse gas emission technologies. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Reclamation Partnerships
Act''.
SEC. 2. REFERENCE.
Except as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to a provision, the
reference shall be considered to be made to a provision of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
SEC. 3. STATE MEMORANDA OF UNDERSTANDING FOR CERTAIN REMEDIATION.
(a) Memoranda Authorized.--Section 405 (30 U.S.C. 1235) is amended
by inserting after subsection (l) the following:
``(m) State Memoranda of Understanding for Remediation of Mine
Drainage.--
``(1) In general.--A State with a State program approved
under subsection (d) may enter into a memorandum of
understanding with relevant Federal or State agencies (or both)
to remediate mine drainage on abandoned mine land and water
impacted by abandoned mines within the State. The memorandum
may be updated as necessary and resubmitted for approval under
this subsection.
``(2) Memoranda requirements.--Such memorandum shall
establish a strategy satisfactory to the State and Federal
agencies that are parties to the memorandum, to address water
pollution resulting from mine drainage at sites eligible for
reclamation and mine drainage abatement expenditures under
section 404, including specific procedures for--
``(A) ensuring that activities carried out to
address mine drainage will result in improved water
quality;
``(B) monitoring, sampling, and the reporting of
collected information as necessary to achieve the
condition required under subparagraph (A);
``(C) operation and maintenance of treatment
systems as necessary to achieve the condition required
under subparagraph (A); and
``(D) other purposes, as considered necessary by
the State or Federal agencies, to achieve the condition
required under subparagraph (A).
``(3) Public review and comment.--
``(A) In general.--Before submitting a memorandum
to the Secretary and the Administrator for approval, a
State shall--
``(i) invite interested members of the
public to comment on the memorandum; and
``(ii) hold at least one public meeting
concerning the memorandum in a location or
locations reasonably accessible to persons who
may be affected by implementation of the
memorandum.
``(B) Notice of meeting.--The State shall publish
notice of each meeting not less than 15 days before the
date of the meeting, in local newspapers of general
circulation, on the Internet, and by any other means
considered necessary or desirable by the Secretary and
the Administrator.
``(4) Submission and approval.--The State shall submit the
memorandum to the Secretary and the Administrator of the
Environmental Protection Agency for approval. The Secretary and
the Administrator shall approve or disapprove the memorandum
within 120 days after the date of its submission if the
Secretary and Administrator find that the memorandum will
facilitate additional activities under the State Reclamation
Plan under subsection (e) that improve water quality.
``(5) Treatment as part of state plan.--A memorandum of a
State that is approved by the Secretary and the Administrator
under this subsection shall be considered part of the approved
abandoned mine reclamation plan of the State.
``(n) Community Reclaimer Partnerships.--
``(1) Project approval.--Within 120 days after receiving
such a submission, the Secretary shall approve a Community
Reclaimer project to remediate abandoned mine lands if the
Secretary finds that--
``(A) the proposed project will be conducted by a
Community Reclaimer as defined in this subsection or
approved subcontractors of the Community Reclaimer;
``(B) for any proposed project that remediates mine
drainage, the proposed project is consistent with an
approved State memorandum of understanding under
subsection (m);
``(C) the proposed project will be conducted on a
site or sites inventoried under section 403(c);
``(D) the proposed project meets all submission
criteria under paragraph (2);
``(E) the relevant State has entered into an
agreement with the Community Reclaimer under which the
State shall assume all responsibility with respect to
the project for any costs or damages resulting from any
action or inaction on the part of the Community
Reclaimer in carrying out the project, except for costs
or damages resulting from gross negligence or
intentional misconduct by the Community Reclaimer, on
behalf of--
``(i) the Community Reclaimer; and
``(ii) the owner of the proposed project
site,
if such Community Reclaimer or owner, respectively, did
not participate in any way in the creation of site
conditions at the proposed project site or activities
that caused any lands or waters to become eligible for
reclamation or drainage abatement expenditures under
section 404;
``(F) the State has the necessary legal authority
to conduct the project and will obtain all legally
required authorizations, permits, licenses, and other
approvals to ensure completion of the project;
``(G) the State has sufficient financial resources
to ensure completion of the project, including any
necessary operation and maintenance costs (including
costs associated with emergency actions covered by a
contingency plan under paragraph (2)(K)); and
``(H) the proposed project is not in a category of
projects that would require a permit under title V.
``(2) Project submission.--The State shall submit a request
for approval to the Secretary that shall include--
``(A) a description of the proposed project,
including any engineering plans that must bear the seal
of a Professional Engineer;
``(B) a description of the proposed project site or
sites, including, if relevant, the nature and extent of
pollution resulting from mine drainage;
``(C) identification of the past and current owners
and operators of the proposed project site;
``(D) the agreement or contract between the
relevant State and the Community Reclaimer to carry out
the project;
``(E) a determination that the project will
facilitate the activities of the State reclamation plan
under subsection (e);
``(F) sufficient information to determine whether
the Community Reclaimer has the technical capability
and expertise to successfully conduct the proposed
project;
``(G) a cost estimate for the project and evidence
that the Community Reclaimer has sufficient financial
resources to ensure the successful completion of the
proposed project (including any operation or
maintenance costs);
``(H) a schedule for completion of the project;
``(I) an agreement between the Community Reclaimer
and the current owner of the site governing access to
the site;
``(J) sufficient information to ensure that the
Community Reclaimer meets the definition under
paragraph (3);
``(K) a contingency plan designed to be used in
response to unplanned adverse events that includes
emergency actions, response, and notifications; and
``(L) a requirement that the State provide notice
to adjacent and downstream landowners and the public
and hold a public meeting near the proposed project
site before the project is initiated.
``(3) Community reclaimer defined.--For purposes of this
section, the term `Community Reclaimer' means any person who--
``(A) seeks to voluntarily assist a State with a
reclamation project under this section;
``(B) did not participate in any way in the
creation of site conditions at the proposed project
site or activities that caused any lands or waters to
become eligible for reclamation or drainage abatement
expenditures under section 404;
``(C) is not a past or current owner or operator of
any site with ongoing reclamation obligations; and
``(D) is not subject to outstanding violations
listed pursuant to section 510(c).''.
SEC. 4. CLARIFYING STATE LIABILITY FOR MINE DRAINAGE PROJECTS.
Section 413(d) (30 U.S.C. 1242(d)) is amended in the second
sentence by inserting ``unless such control or treatment will be
conducted in accordance with a State memorandum of understanding
approved under section 405(m) of this Act'' after ``Control Act'' the
second place it appears.
SEC. 5. CONFORMING AMENDMENTS.
Section 405(f) (30 U.S.C. 1235(f)) is amended--
(1) by striking the ``and'' after the semicolon in
paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by inserting at the end the following:
``(8) a list of projects proposed under subsection (n).''.
Passed the House of Representatives October 2, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Community Reclamation Partnerships Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to revise the abandoned mine land reclamation program which restores land and water adversely impacted by surface coal mines that were abandoned before SMCRA's enactment. A state with an approved abandoned mine reclamation program may enter into a memorandum of understanding with relevant federal or state agencies (or both) for remediating mine drainage on abandoned mine land and water impacted by abandoned mines. In addition, the bill authorizes a partnership between a state and a community reclaimer for remediating abandoned mine land if: the partnership's proposed project is consistent with an approved state memorandum of understanding and conducted on certain prioritized sites; the state assumes all responsibly on behalf of the community reclaimer and the owner of the proposed project site for costs or damages resulting from actions or inactions of the community reclaimer in carrying out the project, except for gross negligence or intentional misconduct by the community reclaimer; and the state has necessary legal authority to conduct the project and has financial resources to ensure the project's completion. A community reclaimer is a person who: (1) voluntarily assists a state in a reclamation project, (2) did not participate in any way in the creation of site conditions at the proposed site or activities that caused any land or waters to become eligible for reclamation or drainage abatement expenditures under SMCRA, (3) is not a past or current owner or operator of any site with ongoing reclamation obligations, and (4) is not subject to outstanding violations of surface coal mining permits. | Community Reclamation Partnerships Act |
SECTION 1. TRANSFER OF BUREAU OF LAND MANAGEMENT LANDS.
(a) Required Offer.--
(1) In general.--Subject to valid existing rights and
except as otherwise provided in this Act, the Secretary of the
Interior shall offer to transfer all right, title, and interest
of the United States in and to all lands and interests in lands
administered by the Bureau of Land Management to the State in
which such lands and interests are located.
(2) Lands and interests included.--The lands and interests
in lands referred to in paragraph (1) include--
(A) the fee simple interest where the United States
owns both the surface and mineral rights;
(B) the mineral rights where the surface estate is
owned by a non-Federal person, including a State or
political subdivision thereof; and
(C) water rights related to such lands or
interests.
(3) Exclusion of mineral interests underlying indian
reservations.--Paragraph (1) does not apply with respect to the
mineral interests underlying a surface estate held by the
United States in trust for an Indian tribe.
(b) Two-Year Period To Make Offer to Governor.--The offer required
by subsection (a) with respect to a State shall be made to the Governor
within two years after the date of the enactment of this Act.
(c) Acceptance of Offer.--A State may only accept the offer of all
such lands or reject such offer. Acceptance of an offer under
subsection (a) may only be made by the Governor, in writing to the
Secretary.
(d) Effective Date of Transfer.--Any transfer of lands under this
Act shall be effective with respect to a State on the date which is ten
years after the date on which the offer to the Governor is accepted.
(e) Surveys.--The Secretary is not required to conduct a survey of
any lands prior to transferring such lands under this Act.
SEC. 2. LEASES, PERMITS, AND UNPATENTED MINING CLAIMS.
(a) Valid Leases and Permits.--Each State receiving lands under
this Act shall honor valid existing leases and permits on such lands
for the term of such lease or permit and shall manage such leases and
permits in accordance with their other terms and conditions.
(b) Mining Claims.--(1) Except for those mining claims for which
the holder is entitled to a patent as provided in paragraph (2), after
the date on which lands subject to a mining claim are transferred to a
State under this Act, the validity and continued existence of the
mining claim shall be determined under the laws of the State to which
the lands were transferred and shall be administered in accordance with
such laws.
(2) The holder of a mining claim is entitled to the issuance of a
patent in the case of a mining claim on lands transferred to a State
under this Act in the same manner and degree to which such holder would
have been entitled to prior to the date of such transfer if, as of the
date of the transfer a patent application was filed with the Secretary
and all requirements--
(A) under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims;
(B) under sections 2329, 2330, 2331, and 2333 of the
Revised Statues (30 U.S.C. 35, 36, 37) for placer claims; and
(C) applicable to such patent application for mill site
claims,
were fully complied with.
(c) Rights-of-Way.--Each State receiving lands under this Act shall
respect all rights-of-way granted by the United States on such lands in
accordance with the terms and conditions of the rights-of-way.
SEC. 3. MANAGEMENT OF LANDS TRANSFERRED UNDER THIS ACT.
(a) Wilderness.--Lands transferred under this Act which have been
designated by an Act of Congress as wilderness shall be managed by the
State as wilderness in accordance with the requirements specified in
the Wilderness Act, the Act of Congress which designated the lands as
wilderness, and any other Act of Congress which specifically provides
for the management of such lands, except that the State shall be
substituted for the Secretary of the Interior.
(b) Military Uses.--(1) Lands transferred by this Act which on the
date of such transfer are subject to use for military purposes shall
continue to be subject to the same military uses.
(2) In the case of lands transferred to a State under this Act
which are subject to a withdrawal from public use for military
purposes, the State shall respect the withdrawal and military use for
the term of the withdrawal and may not impose any fee or other charge
on the United States with respect to the military purpose. At the end
of such term, the Secretary of the military department concerned, or
the Secretary of Defense, may negotiate with the Governor of the State
for the continued use of such lands. Lands for which there is not a
continued military use shall be decontaminated by the appropriate
Secretary in accordance with the Act of Congress which withdrew such
lands for military purposes or the withdrawal order, if any.
(c) Records.--The Secretary of the Interior shall continue to hold
all land records of the Secretary with respect to the lands transferred
to a State under this Act. The Secretary shall provide to the State
full copies of all applicable land records relating to lands which are
transferred under this Act. The Secretary shall make such records
available for public use as the Secretary determines appropriate.
(d) Indian Lands.--The mineral interests described in section
1(a)(3) shall be transferred from the administrative jurisidiction of
the Bureau of Land Management and shall be held in trust for the Indian
tribe for which the overlying surface estate is held in trust.
SEC. 4. WATER RIGHTS.
(a) In General.--The Secretary shall transfer to a State receiving
lands under this Act all water rights of the United States associated
with the lands.
(b) Certain Rights Not Affected.--A transfer of water rights under
subsection (a) shall not be construed as--
(1) affecting, impairing, diminishing, subordinating, or
enlarging--
(A) the rights of the United States or any State to
water under any international treaty, interstate
compact, or existing judicial decree;
(B) any obligation of the United States to Indians
or Indian tribes or any claim or right owned or held by
or for Indians or Indian tribes, including with respect
to any Indian water compact;
(C) any right to any quantity of water reserved or
used for governmental purposes or programs of the
United States at any time prior to the date of the
enactment of this Act; or
(D) any license or permit issued before the date of
the enactment of this Act; or
(2) as a recognition, disclaimer, relinquishment, or
reduction of any water right of the United States reserved or
appropriated before the date of the enactment of this Act.
SEC. 5. REDUCTION IN BUDGET AUTHORITY FOR THE BUREAU OF LAND
MANAGEMENT.
(a) Cap on Obligations and Expenditures.--Beginning with the fiscal
year in which this Act is enacted, not more than $800,000,000 may be
obligated or expended in any fiscal year by the Bureau of Land
Management in carrying out its duties, functions, and responsibilities
under any provision of law.
(b) Priority for Use of Fiscal Resources.--The Secretary shall give
priority to expending amounts available to the Bureau of Land
Management to land management activities and to carrying out this Act.
SEC. 6. DEFINITIONS.
As used in this Act--
(1) the term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, or other organized group or community,
including any Alaska Native village or regional 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; and
(2) the term ``Secretary'' means the Secretary of the
Interior. | Requires the Secretary of the Interior to transfer all right, title, and interest of the United States in and to all lands and interests administered by the Bureau of Land Management (BLM) to the State in which such lands and interests are located, with the exception of the mineral interests underlying a surface estate held by the United States in trust for an Indian tribe. Allows a State to only either accept the offer of all such lands or to reject such offer. Directs each State receiving lands under this Act to: (1) honor valid existing leases and permits; and (2) respect all rights-of-way granted by the United States on such lands. Requires the validity and existence of a transferred mining claim to be determined and administered under State law, with exceptions for the holders of specified patents. Requires: (1) transferred designated wilderness lands to continue to be managed as wilderness; and (2) transferred military purpose lands to continue to be military purpose lands. Transfers the administration of the mineral interests on Indian lands from the BLM.
Sets forth provisions concerning the transfer of all water rights associated with the lands to the State receiving such lands. Caps BLM obligations and expenditures. | A bill to transfer the lands administered by the Bureau of Land Management to the State in which the lands are located. |
SECTION 1. SUSPENSION OF HIGHWAY FUELS TAXES.
(a) Suspension of Highway Fuel Taxes on Gasoline, Diesel Fuel, and
Kerosene.--
(1) In general.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline, diesel
fuel, and kerosene) is amended by adding at the end the
following new subsection:
``(f) Suspension of Taxes on Gasoline, Diesel Fuel, and Kerosene.--
``(1) In general.--During the suspension period, each rate
of tax referred to in paragraph (2) shall be reduced to zero
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clauses (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene),
determined after application of subsection (a)(2)(B)
and without regard to subsection (a)(2)(C), and
``(B) paragraph (1) of section 4041(a) (relating to
diesel fuel and kerosene) with respect to fuel sold for
use or used in a diesel-powered highway vehicle.
``(3) Suspension period.--For purposes of this subsection,
the term `suspension period' means the 90-day period beginning
on the day after the date of the enactment of this subsection.
``(4) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund under
section 9503 and to the Leaking Underground Storage Tank Trust
Fund under section 9508, an amount equal to the reduction in
revenues to the Treasury by reason of this subsection shall be
treated as taxes received in the Treasury under this section or
section 4041.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Floor Stock Refunds.--
(1) In general.--If--
(A) before the tax suspension date, tax has been
imposed under section 4081 of the Internal Revenue Code
of 1986 on any highway motor fuel, and
(B) on such date such fuel is held by a dealer and
has not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this subsection referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the tax which would be imposed on
such fuel had the taxable event occurred on such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months after
the tax suspension date based on a request submitted to
the taxpayer before the date which is 3 months after
the tax suspension date by the dealer who held the
highway motor fuel on such date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any highway motor fuel in retail stocks held at the place where
intended to be sold at retail.
(4) Definitions.--For purposes of this subsection--
(A) Tax suspension date.--The term ``tax suspension
date'' means the first day of the suspension period in
effect under section 4081(f) of the Internal Revenue
Code of 1986 (as added by subsection (a) of this
section).
(B) Highway motor fuel.--The term ``highway motor
fuel'' has the meaning given such term for purposes of
subsection (c).
(C) Other terms.--The terms ``dealer'' and ``held
by a dealer'' have the respective meanings given to
such terms by section 6412 of such Code.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection.
(c) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any highway motor
fuel which is held on the tax restoration date by any person,
there is hereby imposed a floor stocks tax equal to the excess
of the tax which would be imposed on such fuel had the taxable
event occurred on such date over the tax (if any) previously
paid (and not credited or refunded) on such fuel.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--The person holding highway
motor fuel on the tax restoration date to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before the 45th day after the
tax restoration date.
(3) Definitions.--For purposes of this subsection--
(A) Tax restoration date.--The term ``tax
restoration date'' means the first day after the
suspension period (as defined in section 4081(f) of the
Internal Revenue Code of 1986).
(B) Highway motor fuel.--The term ``highway motor
fuel'' means any liquid on which tax would have been
imposed under section 4081 of the Internal Revenue Code
of 1986 during the suspension period in effect under
section 4081(f) of such Code but for the amendments
made by subsection (a).
(C) Held by a person.--A highway motor fuel shall
be considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any highway motor fuel held by
any person exclusively for any use to the extent a credit or
refund of the tax is allowable for such use.
(5) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any highway motor fuel held on the tax
restoration date by any person if the aggregate amount
of such highway motor fuel held by such person on such
date does not exceed 2,000 gallons. The preceding
sentence shall apply only if such person submits to the
Secretary (at the time and in the manner required by
the Secretary) such information as the Secretary shall
require for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any highway motor
fuel held by any person which is exempt from the tax
imposed by paragraph (1) by reason of paragraph (4).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(6) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed
by paragraph (1) to the same extent as if such taxes were
imposed by such section.
SEC. 2. OIL AND GAS LEASING PROGRAM.
(a) Definitions.--In this section:
(1) Coastal plain.--The term ``Coastal Plain'' means the
area identified as the Coastal Plain on the map prepared by the
United States Geological Survey, entitled ``Arctic National
Wildlife Refuge 1002 Coastal Plain Area'', dated September
2005, and on file with the United States Geological Survey.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(b) Program.--
(1) In general.--Congress--
(A) authorizes the leasing, development,
production, and transportation of oil and gas in and
from the Coastal Plain; and
(B) directs the Secretary to take such actions as
are necessary to--
(i) establish and implement an
environmentally sound competitive oil and gas
leasing program to carry out the activities
authorized under subparagraph (A); and
(ii) conduct 2 lease sales before October
1, 2010.
(2) Administration.--The Secretary shall administer this
section through regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, and other provisions
that ensure the oil and gas exploration, development,
production, and transportation activities on the Coastal Plain
are carried out in a manner that will ensure the receipt of
fair market value by the public for the mineral resources to be
leased.
(c) 2 Lease Sales Before Fiscal Year 2011.--
(1) In general.--In order to enable the Secretary to hold 2
lease sales before October 1, 2010, this subsection shall apply
with respect to the oil and gas leasing program established by
the Secretary pursuant to this section.
(2) Purposes.--For purposes of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and
amendments made by that Act, the oil and gas leasing program
and activities authorized by this section in the Coastal Plain
are deemed to be compatible with the purposes for which the
Arctic National Wildlife Refuge was established, and no further
findings or decisions are required to implement this
determination of compatibility.
(3) Prelease activities.--The Final Legislative
Environmental Impact Statement on the Coastal Plain dated April
1987 and prepared pursuant to section 1002 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3142) and
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) that apply with respect to
prelease activities, including actions authorized to be taken
by the Secretary to develop and promulgate regulations for the
establishment of the leasing program authorized by this section
before the conduct of the first lease sale.
(4) Preferred action.--
(A) Nonleasing alternatives.--With respect to any
environmental impact statement prepared by the
Secretary under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
lease sale conducted under the leasing program
authorized by this section, the Secretary is not
required to identify nonleasing alternative courses of
action or to analyze the environmental effects of those
courses of action.
(B) Leasing alternatives.--The Secretary shall only
identify a preferred action for leasing and a single
leasing alternative, and analyze the environmental
effects and potential mitigation measures for the
preferred action and leasing alternative.
(C) Deadline.--The identification and related
analyses required by subparagraph (B) shall be
completed within 18 months after the date of enactment
of this Act.
(D) Public comments.--The Secretary shall only
consider public comments that are filed within 30 days
after publication of an environmental analysis.
(E) Compliance.--Compliance with this paragraph
satisfies all requirements of section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) for the analysis and consideration of the
environmental effects of proposed leasing under this
section.
(5) Expedited judicial review.--
(A) Venue; deadline.--Any complaint seeking
judicial review of this section or any action of the
Secretary under this section shall be filed in the
United States Court of Appeals for the District of
Columbia--
(i) within the 90-day period beginning on
the date of the action being challenged; or
(ii) in the case of a complaint based
solely on grounds arising after that period,
within 90 days after the complainant knew or
reasonably should have known of the grounds for
the complaint.
(B) Scope.--Judicial review of a decision of the
Secretary to conduct a lease sale under this section
(including the environmental analysis of the decision)
shall be--
(i) limited to whether the Secretary has
complied with this section; and
(ii) based on the administrative record of
that decision.
(d) Rights-of-Way.--For purposes of section 1102(4)(A) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)),
any rights-of-way or easements across the Coastal Plain for the
exploration, development, production, or transportation of oil and gas
shall be considered to be established incident to the management of the
Coastal Plain under this section.
(e) Maximum Surface Acreage.--In administering this section, the
Secretary shall ensure that the maximum quantity of surface acreage
covered by production and support facilities (including airstrips and
any area covered by gravel berms or piers for support of pipelines)
does not exceed 2,000 acres on the Coastal Plain. | Amends the Internal Revenue Code to suspend excise taxes on gasoline, diesel fuel, and kerosene for a 90-day period after the enactment of this Act (suspension period). Provides for the reimbursement of the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund for tax receipts lost during the suspension period.
Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to: (1) establish an oil and gas leasing program in the Coastal Plain, defined as the Arctic National Wildlife Refuge (ANWR) 102 Coastal Plain Area; and (2) conduct two lease sales before October 1, 2010. | To suspend the Federal highway fuels taxes, to authorize the leasing, development, production, and transportation of oil and gas in and from the Coastal Plain of Alaska, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethiopia Consolidation Act of
2005''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States to support the advancement
of human rights, democracy, and economic freedom in the Federal
Democratic Republic of Ethiopia, in concert with United States security
interests, in order to better enable Ethiopia to play a leading role in
participating with the United States and other countries in fostering
stability, democracy, and economic development in Africa.
SEC. 3. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA.
(a) Findings.--Congress makes the following findings:
(1) Despite improvements in its human rights record, as
noted by the Department of State in its 2004 Country Reports on
Human Rights Practices, the Government of the Federal
Democratic Republic of Ethiopia continues to violate the
internationally-established rights of its citizens, including
unlawful killings by security forces (including the June 2005
shootings by government security forces of more than 40
election demonstrators), arbitrary or politically-motivated
arrests, long detentions without charge or trial and beatings
and torture, with human rights violations increasing in the
aftermath of the May 15, 2005, elections and subsequent
protests of suspected election fraud.
(2) According to the 2004 Country Reports on Human Rights
Practices, the Ethiopian judiciary has demonstrated encouraging
signs of independence, but the justice system--from the police
to the courts to the prisons--remains inadequate and does not
effectively uphold the human and civil rights of the citizens
of Ethiopia.
(3) According to the Department of State's International
Religious Freedom Report for 2004, Ethiopia generally provides
for freedom of religion, although local authorities continue to
infringe on this right.
(4) The Committee to Protect Journalists reports that
Ethiopia continues to imprison journalists and the Government
of Ethiopia continues to refuse to revise a repressive media
bill that further endangers the right to free speech.
(5) Because literacy in Ethiopia is less than 50 percent,
broadcasting is a key source of information for citizens, but
the Ethiopian Government has delayed accepting licenses for
private radio or television since a licensing law was passed in
1999, leaving the Ethiopian Broadcasting Service as a radio and
television monopoly and infringing on freedom of information.
(b) Support for Human Rights Training.--The President, acting
through the Administrator of the United States Agency for International
Development, shall revise the Agency's country plan for Ethiopia to
provide support for capacity building for more effective independent
human rights monitoring operations in Ethiopia and provide training for
government officials on international human rights standards.
(c) Training for Police, Security, and Prison Personnel.--The
President, acting through the head of the International Criminal
Investigative Training Assistance Program of the Department of Justice,
shall provide necessary training for Ethiopian police, security, and
prison personnel in recognizing and maintaining international standards
for arresting and interrogating suspects and otherwise handling
prisoners and detainees.
(d) Training for Court System Personnel.--The President, acting
through the Administrator of the United States Agency for International
Development, shall support programs directed at increasing the
independence and competence of the Ethiopian judicial system,
especially training for Ethiopian court personnel on handling suspects
and defendants throughout the pre-trial and trial process in order to
ensure their human and civil rights as defined by international
accords.
(e) Free Media.--The President, Secretary of State, and other
relevant officials of the Government of the United States, shall
encourage the Government of Ethiopia to abide by its own laws and
ensure the open and transparent licensing of independent radio and
television and use all available means to support the establishment of
independent radio and television as means of broadening the access of
average citizens to information.
SEC. 4. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA.
(a) Findings.--Congress makes the following findings:
(1) The ruling Ethiopian People's Revolutionary Democratic
Front has held power through three improving general elections
since the overthrow of the government of President Mengistu
Hailemariam in 1991.
(2) Human Rights Watch has reported the harassment,
detention, and even torture of critics of the Government of the
Federal Democratic Republic of Ethiopia, especially in the
Oromia region of Ethiopia, ostensibly to silence political
opponents.
(3) The European Union election observers in the May 15,
2005, elections accused the Government of Ethiopia of employing
``hate speech'' and listed acts of violence and intimidation in
a letter to the National Electoral Board.
(4) The Government of Ethiopia on March 30, 2005, expelled
three internationally respected United States nongovernmental
organizations--the International Republican Institute, the
National Democratic Institute, and the International Foundation
for Electoral Systems--that were promoting democratic
development, ostensibly due to their failure to register for
such activities.
(5) Complaints about the conduct of the May 15, 2005,
elections were lodged by the main opposition coalition and the
ruling party in 299 of Ethiopia's 547 constituencies, but more
than 90 percent of opposition party filings were thrown out by
the Ethiopian agency investigating electoral complaints, while
only 10 percent of ruling party complaints have been found to
be unsubstantiated.
(6) International election observers reported the turnout
of millions of eligible voters in the May 15, 2005, elections,
further confirming the desire of the citizens of Ethiopia to
express their political will through the ballot.
(7) The Government of Ethiopia failed to meet its stated
July 8, 2005, deadline for releasing full results of the May
15, 2005, elections and continues to refuse to release
customary detailed results of balloting, creating ongoing
uncertainty and suspicion about the validity of the election.
(b) Transparency of Election Results.--Congress urges the
Government of Ethiopia to allow and facilitate a transparent review of
the May 15, 2005, election results and to support a legal review of
those results that are credibly shown to be questionable.
(c) Readmittance of United States Democracy Organizations.--
Congress urges the Government of Ethiopia to readmit the International
Republican Institute, the National Democratic Institute, and the
International Foundation for Electoral Systems which were expelled
prior to the May 15, 2005, elections and expeditiously work out any
legitimate issues involving their registration.
(d) Training of Political Parties and Civil Society Election
Observers.--In order to better ensure continued progress in the conduct
of the electoral process in Ethiopia, the President, acting through the
Administrator of the United States Agency for International
Development, shall revise the Agency's country plan for Ethiopia to
provide support for training political parties on organization building
and message development and for training political parties and civil
society groups in election monitoring.
(e) Facilitation of Equitable Electoral Environment.--As part of
its support for democratization in Ethiopia, the President, acting
through the Administrator of the United States Agency for International
Development, shall provide assistance to facilitate ongoing
communication between political parties and the Government of Ethiopia
through the National Electoral Board in order to address issues
involving delimitation of constituencies, voter registration, party
registration, candidate registration, and related matters to ensure the
credibility of the next election in Ethiopia.
SEC. 5. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA.
(a) Findings.--Congress makes the following findings:
(1) According to the World Bank Institute's governance
ratings for 2004, the rating of the Federal Democratic Republic
of Ethiopia is measurably worse than its last rating in 2002 in
government effectiveness, regulatory quality, and control of
corruption, which examine a government's capacity to formulate
and implement economic policies.
(2) The 2005 Index of Economic Freedom ranks Ethiopia's
economy as mostly unfree, largely due to a cumbersome
bureaucracy that deters investment, a judicial system that does
not offer sufficient protection of property rights, and a
system of higher tariffs on imported products.
(3) The U.S. and Foreign Commercial Service reports in its
2005 country commercial guide for Ethiopia that Ethiopia's
continuing refusal to alter its policy of considering all land
to be public property that can only be leased and not owned
prevents financing of ventures in which land would be
collateral for a loan and also makes investors vulnerable to
smallholders claiming the right to use part of their land.
(4) Members of the Ethiopian diaspora in the United States
have accused the Government of Ethiopia of failing to live up
to promises of repatriation of property confiscated by the
Mengistu government, and in some cases, allowing others to
profit from these seized properties.
(5) According to Ethiopia's poverty reduction strategy
paper, its per capita income is among the lowest of even least
developed countries, and poverty is widespread, affecting
nearly half the country's population in both urban and rural
areas.
(6) Lack of water is a major reason for the cause of
famine, but the dire situation in Ethiopia's agriculture sector
is exacerbated by Ethiopian Government policies, including its
refusal to allow private ownership of land, excessive taxation
of farmers, and the high cost of fertilizer sold by companies
affiliated with the Ethiopian Government.
(b) Economic Policy Assistance.--Utilizing training and other
technical assistance programs offered by the Department of the
Treasury, the Office of the United States Trade Representative, and the
Department of Justice, the President shall assist the Government of
Ethiopia in developing policies that will address key economic
obstacles, including such areas as budgeting, taxation, debt
management, bank supervision, and anti-money laundering, that inhibit
private sector development and limit participation in donor programs
such as the United States Millennium Challenge Account.
(c) Resource Policy Assistance.--The President, acting through the
Administrator of the United States Agency for International
Development, shall provide assistance for sustainable development of
Ethiopia's Nile and Awash River resources, including assistance to help
Ethiopia with the technology necessary for the construction of dams,
irrigation systems, and hydroelectric power that might prevent future
famine.
(d) Financing for United States-Ethiopian Commercial Ventures.--The
President shall use all available financing programs to provide
adequate financing of United States and Ethiopian commercial ventures,
including programs of the United States Agency for International
Development, the Small Business Administration (including the Export
Express and Export Working Capital programs), the Overseas Private
Investment Corporation (including the Small Business Center and the
Small and Medium Enterprise and Structural Finance programs), and the
Export-Import Bank of the United States (including the Short-Term
Africa Pilot Program).
SEC. 6. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND
ECONOMIC DEVELOPMENT.
(a) Findings.--Congress makes the following findings:
(1) The Federal Democratic Republic of Ethiopia is an
important United States partner in the Horn of Africa region,
whose stability is vital to United States interests in East
Africa and the Middle East.
(2) Ethiopia has been a strong United States ally in the
fight against global terrorism by its participation in the
coalition of the willing in Iraq.
(3) Ethiopia has a strong military, which has been involved
in international peacekeeping operations since the Korean
conflict in the 1950s.
(4) Two ethnically-based opposition groups--the Oromo
Liberation Front and the Ogadeni National Liberation Front--
have been committed to waging an armed struggle against the
Government of Ethiopia, but the incidence of actual armed
attacks has been limited and sporadic.
(5) Historically a nation with a large Christian majority,
Ethiopia has experienced significant growth in its Muslim
population, and Christians and Muslims for the first time are
nearly equal in numbers, which places this key East African
nation on a religious fault line that will require proactive
efforts to minimize conflict.
(b) Suspension of Joint Security Activities.--
(1) Suspension.--The President shall suspend all joint
security activities of the Government of the United States with
the Government of Ethiopia, including activities through the
U.S. East Africa Counterterrorism Initiative until such time as
the certification described in paragraph (2) is made in
accordance with such paragraph.
(2) Certification.--The certification described in this
subsection is a certification by the President to Congress that
the Government of Ethiopia is observing international standards
of human rights and enforcing the principle of the rule of law,
especially by conducting a credible investigation of the
killing of civilian protesters by security forces, as well as
trying or releasing detainees and granting access for detainees
to their families, counsel, and the International Red Cross.
(c) Resolution of the Ethiopia-Eritrea Boundary Dispute.--
(1) Declaration of policy.--Congress declares that the
current stalemate in the border dispute between Ethiopia and
Eritrea has the potential to lead to conflict and must be
addressed.
(2) Prohibition on assistance.--
(A) Prohibition.--Except as provided in
subparagraph (B), funds available to any department of
agency of the Government of the United States may not
be made available for assistance for the central
Governments of Ethiopia or Eritrea unless the Secretary
of State certifies and reports to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate that the
central Government of Ethiopia or Eritrea, as the case
may be, is taking steps to comply with the terms of the
Algiers Agreements.
(B) Exception.--Subparagraph (A) does not apply to
assistance for democracy, rule of law, peacekeeping
programs and activities, child survival and health,
basic education, and agriculture programs.
(d) Democracy Enhancement.--
(1) Assistance.--United States technical assistance for
democracy promotion in Ethiopia may be made available to the
ruling party as well as opposition parties in Ethiopia.
(2) Restriction.--
(A) In general.--Non-essential United States
assistance may not be made available to the Government
of Ethiopia if the Government of Ethiopia acts to
obstruct United States technical assistance for
opposition parties in Ethiopia.
(B) Definition.--In this paragraph, the term ``non-
essential United States assistance'' means assistance
under any provision of law, other than humanitarian
assistance, assistance under emergency food programs,
assistance to combat HIV/AIDS, and other health care
assistance, including assistance for fistula treatment,
health service planning, training, delivery and
reporting, post-partum hemorrhage, safe motherhood, and
abandonment of harmful traditional practices.
(e) Support for OLF Reintegration.--In light of recent reports that
the Oromo Liberation Front in Ethiopia may be prepared to abandon its
armed struggle and participate in the democratic process, it is the
sense of Congress that the Government of the United States should
encourage the Government of Ethiopia to take advantage of this
opportunity to enter into discussions with the Oromo Liberation Front
to bring them into full participation in the political and economic
affairs of Ethiopia, including their legalization as a political party,
and the Government of the United States should provide such assistance
as is warranted and necessary to help achieve this goal.
SEC. 7. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit a report to Congress on the
implementation of this Act, including a description of a comprehensive
plan to address the security, human rights, democratization, and
economic freedom concerns that potentially threaten the stability of
the Federal Democratic Republic of Ethiopia.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $10,000,000 for each of the fiscal years 2007 and 2008.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended. | Ethiopia Consolidation Act of 2005 - Directs the President: (1) through the United States Agency for International Development (USAID), to revise the USAID country plan for Ethiopia to provide support for independent human rights monitoring and related training for government officials, and to provide support for training political parties on organization building, message development, and election monitoring; (2) through the International Criminal Investigative Training Assistance Program of the Department of Justice, to provide training for Ethiopian police, security, and prison personnel in maintaining international standards for arrest and interrogation; (3) through USAID, to support programs to increase the independence and competence of the Ethiopian judicial system, and to provide assistance for development of Ethiopia's Nile and Awash River resources, including assistance to help Ethiopia with technology for the construction of dams, irrigation systems, and hydroelectric power that might prevent future famine; (4) provide financing for U.S.-Ethiopian commercial ventures; and (5) suspend joint security activities until a certification is made that Ethiopia is observing international human rights standards and enforcing the principle of the rule of law.
Declares that the current stalemate in the border dispute between Ethiopia and Eritrea has the potential to lead to conflict and must be addressed. Prohibits assistance to the governments of Ethiopia or Eritrea (with exceptions for assistance for democracy, peacekeeping, child survival and health, education, and agriculture) until the Secretary of State certifies that Ethiopia or Eritrea is taking steps to comply with the Algiers Agreements.
Prohibits nonessential U.S. assistance to Ethiopia if the government of Ethiopia obstructs U.S. technical assistance to Ethiopian opposition parties. | To encourage and facilitate the consolidation of security, human rights, democracy, and economic freedom in Ethiopia. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open College Textbook Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The growth of the Internet has enabled the creation and
sharing of open content, including open educational resources.
(2) The President has proposed a new, significant Federal
investment in the creation of online open-source courses for
community colleges that will make learning more accessible,
adaptable, and affordable for students.
(3) The President has challenged the United States with a
goal of having the highest college graduation rate in the world
by 2020.
(4) More than 80 percent of the 23,000,000 jobs that will
be created in the next 10 years will require postsecondary
education, but only 36 percent of all 18- to 24-year-olds are
currently enrolled in postsecondary education.
(5) The high cost of college textbooks continues to be a
barrier for many students in achieving higher education, and
according to the Advisory Committee on Student Financial
Assistance, 200,000 qualified students fail to enroll in
college each year due to cost.
(6) The College Board reported that for the 2007-2008
academic year an average student spent an estimated $805 to
$1,229 on college books and supplies.
(7) Making high quality open textbooks freely available to
the general public could significantly lower college textbook
costs and increase accessibility to such education materials.
(8) Open textbooks can improve learning and teaching by
creating course materials that are more flexible, adaptable,
and accessible through the use of technology.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Open license.--The term ``open license'' means an
irrevocable intellectual property license that grants the
public the right to access, customize, and distribute a
copyrighted material.
(4) Open textbook.--The term ``open textbook'' means a
textbook or set of course materials in electronic format
designed for use in a college course at an institution of
higher education that is licensed under an open license.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM.
(a) Grants Authorized.--From the amounts appropriated under
subsection (i), the Secretary is authorized to award grants, on a
competitive basis, to eligible entities to carry out the activities
described in this section, including creating, updating, or adapting
open textbooks. The Secretary shall award grants in a manner that will
result in the creation of a comprehensive slate of high quality course
materials for introductory courses in a variety of subject areas.
(b) Eligible Entity.--In this section, the term ``eligible entity''
means--
(1) an institution of higher education;
(2) a professor or group of professors at an institution of
higher education; or
(3) a nonprofit or for-profit organization that produces
open textbooks.
(c) Duration.--Grants awarded under this section shall be 1 year in
duration.
(d) Applications.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include a description of the project to be completed
with grant funds and--
(A) a plan for quality review and review of
accuracy of content;
(B) a plan for access to ensure the widest possible
availability of the digital version of the open
textbook;
(C) a plan for distribution and adoption of the
open textbook to ensure the widest possible adoption of
the open textbook in postsecondary courses, including,
where applicable, a marketing plan or a plan to partner
with for-profit or nonprofit organizations to assist in
marketing and distribution; and
(D) a plan for tracking and reporting formal
adoptions of the open textbook within postsecondary
institutions, including an estimate of the number of
students impacted by the adoptions.
(e) Special Consideration.--In awarding grants under this section,
the Secretary shall give special consideration to applications that
demonstrate the greatest potential to produce--
(1) the highest quality and most marketable open textbooks;
(2) open textbooks that correspond to the highest
enrollment courses at institutions of higher education;
(3) open textbooks that are easily utilized by faculty
members at institutions of higher education; and
(4) open textbooks created in partnership with for-profit
or nonprofit organizations to assist in marketing and
distribution.
(f) Uses of Grants.--
(1) Open textbooks.--An eligible entity that receives a
grant under this section shall--
(A) create a new open textbook for use in
postsecondary coursework;
(B) update an open textbook for use in
postsecondary coursework; or
(C) adapt a textbook into an open format for use in
postsecondary coursework.
(2) License.--An open textbook created, updated, or adapted
under paragraph (1) shall be licensed through an open license.
(3) Accessibility.--The full and complete digital content
of each open textbook created, updated, or adapted under
paragraph (1) shall be--
(A) posted on an easily accessible and
interoperable website, which site shall be identified
to the Secretary by the eligible entity; and
(B) made available free of charge to, and may be
downloaded, redistributed, changed, revised, or
otherwise altered by, any member of the general public.
(g) Review Process.--The Secretary shall develop a peer review and
evaluation process in consultation with the Director to ensure that
open textbooks created, updated, or adapted under this section are of
the highest quality, accurate in content, and meet or exceed market
quality and accessibility standards.
(h) Report.--Upon an eligible entity's completion of a project
supported under this section, the eligible entity shall prepare and
submit a report to the Secretary regarding all project costs, including
the value of any volunteer labor and institutional capital used for the
project.
(i) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 to carry out this section for fiscal year 2010
and such sums as are necessary for each of the 5 succeeding fiscal
years.
SEC. 5. LICENSING MATERIALS WITH A FEDERAL CONNECTION.
(a) In General.--Notwithstanding any other provision of law,
educational materials such as curricula and textbooks created through
grants distributed by Federal agencies, including the National Science
Foundation, for use in elementary, secondary, or postsecondary courses
shall be licensed under an open license.
(b) Accessibility.--The full and complete digital content of each
of the materials created as described in subsection (a) shall be--
(1) posted on an easily accessible and interoperable
website, which site shall be identified to the Secretary by the
grant recipient; and
(2) made available free of charge to, and may be
downloaded, redistributed, changed, revised, or otherwise
altered by, any member of the general public.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that institutions of higher education
should encourage the consideration of open textbooks by professors
within the generally accepted principles of academic freedom that
established the right and responsibility of faculty members,
individually and collectively, to select course materials that are
pedagogically most appropriate for their classes.
SEC. 7. REPORT TO CONGRESS.
Not later than September 30, 2015, the Secretary shall prepare and
submit a report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Labor of the
House of Representatives detailing--
(1) the open textbooks created, updated, or adapted under
this Act;
(2) the adoption of such open textbooks; and
(3) the savings generated for students, States, and the
Federal Government though the use of open textbooks. | Open College Textbook Act of 2009 - Authorizes the Secretary of Education to award competitive one-year grants to institutions of higher education (IHEs), professors from IHEs, and producers of open textbooks to create or update open textbooks, or adapt textbooks into open formats, for postsecondary coursework. (Open textbooks are defined as college textbooks or course materials in electronic format that are licensed under an open license, which is an irrevocable intellectual property license that grants the public the right to access, customize, and distribute copyrighted material.)
Requires such textbooks to be posted on an easily accessible and interoperable website and made available to the public free of charge.
Directs the Secretary to develop a peer review and evaluation process to ensure that these textbooks are of the highest quality, accurate in content, and meet or exceed market quality and accessibility standards.
Requires all elementary, secondary, and postsecondary educational materials created through federal grants to be licensed under an open license, posted on an easily accessible and interoperable website, and made available to the public free of charge.
Expresses the sense of Congress that IHEs should encourage professors to consider open textbooks within the generally accepted principles of academic freedom which give faculty the right and responsibility to select pedagogically appropriate coursework. | A bill to authorize grants for the creation, update, or adaption of open textbooks, and for other purposes. |
SECTION 1. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended--
(1) in the last sentence of subsection (b), by striking ``,
to the extent practicable,''; and
(2) by adding at the end the following new subsection:
``(e) Substance Abuse Treatment.--
``(1) Phase-in.--In order to carry out the requirement of
the last sentence of subsection (b) of this section, that every
prisoner with a substance abuse problem have the opportunity to
participate in appropriate substance abuse treatment, the
Bureau of Prisons shall provide substance abuse treatment--
``(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995, with priority
for such treatment accorded based on an eligible
prisoner's proximity to release date;
``(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996, with priority
for such treatment accorded based on an eligible
prisoner's proximity to release date; and
``(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter, with priority for such
treatment accorded based on an eligible prisoner's
proximity to release date.
``(2) Incentive for prisoners' successful completion of
treatment program.--
``(A) Generally.--Any prisoner who, in the judgment
of the Director of the Bureau of Prisons, has
successfully completed a program of residential
substance abuse treatment provide under paragraph (1)
of this subsection, shall remain in the custody of the
Bureau for such time (as limited by subparagraph (B) of
this paragraph) and under such conditions, as the
Bureau deems appropriate. If the conditions of
confinement are different from those the prisoner would
have experienced absent the successful completion of
the treatment, the Bureau shall periodically test the
prisoner for substance abuse and discontinue such
conditions on determining that substance abuse has
recurred.
``(B) Period of custody.--The period the prisoner
remains in custody after successfully completing a
treatment program shall not exceed the prison term the
law would otherwise require such prisoner to serve, but
may not be less than such term minus one year.
``(3) Report.--The Bureau of Prisons shall transmit to the
Committees on the Judiciary of the Senate and the House of
Representatives on January 1, 1995, and on January 1 of each
year thereafter, a report. Such report shall contain--
``(A) a detailed quantitative and qualitative
description of each substance abuse treatment program,
residential or not, operated by the Bureau;
``(B) a full explanation of how eligibility for
such programs is determined, with complete information
on what proportion of prisoners with substance abuse
problems are eligible, and
``(C) a complete statement of to what extent the
Bureau has achieved compliance with the requirements of
this title.
``(4) Authorization of appropriations.--There are
authorized to be appropriated in each fiscal year such sums as
may be necessary to carry out this subsection.
``(5) Definitions.--As used in this subsection--
``(A) the term `residential substance abuse
treatment' means a course of individual and group
activities, lasting between 6 and 12 months, in
residential treatment facilities set forth from the
general prison population--
``(i) directed at the substance abuse
problems of the prisoner; and
``(ii) intended to develop the prisoner's
cognitive, behavorial, social, vocational, and
other skills so as to solve the prisoner's
substance abuse and related problems; and
``(B) the term `eligible prisoner' means a prisoner
who is--
``(i) determined by the Bureau of Prisons
to have a substance abuse problem; and
``(ii) willing to participate in a
residential substance abuse treatment
program.''.
Passed the House of Representatives November 3, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Amends the Federal criminal code to direct the Bureau of Prisons to provide residential substance abuse treatment for not less than 50 percent of eligible prisoners by the end of FY 1995, for not less than 75 percent by the end of FY 1996, and for all eligible prisoners by the end of 1997 and thereafter. Grants priority for such treatment based on an eligible prisoner's proximity to release date.
Permits sentence reductions of up to a year for a prisoner's successful completion of a residential substance abuse treatment program.
Requires the Bureau to transmit to specified congressional committees annual reports describing each substance abuse treatment program operated by the Bureau, how program eligibility is determined, and Bureau compliance with the requirements of this Act.
Authorizes appropriations. | To establish a program of residential substance abuse treatment within Federal prisons. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Federal Dollars Through
Better Use of Government Purchase and Travel Cards Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Improper payment.--The term ``improper payment'' has
the meaning given the term in section 2 of the Improper
Payments Information Act of 2002 (31 U.S.C. 3321 note).
(2) Questionable transaction.--The term ``questionable
transaction'' means a charge card transaction that from initial
card data appears to be high risk and may therefore be improper
due to non-compliance with applicable law, regulation or
policy.
(3) Strategic sourcing.--The term ``strategic sourcing''
means analyzing and modifying a Federal agency's spending
patterns to better leverage its purchasing power, reduce costs,
and improve overall performance.
SEC. 3. EXPANDED USE OF DATA ANALYTICS.
(a) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Administrator for General Services,
shall develop a strategy to expand the use of data analytics in
managing government purchase and travel charge card programs. These
analytics may employ existing General Services Administration
capabilities, and may be in conjunction with agencies' capabilities,
for the purpose of--
(1) identifying examples or patterns of questionable
transactions and developing enhanced tools and methods for
agency use in--
(A) identifying questionable purchase and travel
card transactions; and
(B) recovering improper payments made with purchase
and travel cards;
(2) identifying potential opportunities for agencies to
further leverage administrative process streamlining and cost
reduction from purchase and travel card use, including
additional agency opportunities for card-based strategic
sourcing;
(3) developing a set of purchase and travel card metrics
and benchmarks for high-risk activities, which shall assist
agencies in identifying potential emphasis areas for their
purchase and travel card management and oversight activities,
including those required by the Government Charge Card Abuse
Prevention Act of 2012 (Public Law 112-194); and
(4) developing a plan, which may be based on existing
capabilities, to create a library of analytics tools and data
sources for use by Federal agencies (including inspectors
general of those agencies).
SEC. 4. GUIDANCE ON IMPROVING INFORMATION SHARING TO CURB IMPROPER
PAYMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Administrator of General Services and
the interagency charge card data management group established under
section 5, shall issue guidance on improving information sharing by
government agencies (including inspectors general) for the purposes of
section 3(a)(1).
(b) Elements.--The guidance issued under subsection (a) shall--
(1) require relevant officials at Federal agencies to
identify high-risk activities and communicate that information
to the appropriate management levels within the agencies;
(2) require that appropriate officials at Federal agencies
review the reports issued by charge card-issuing banks on
questionable transaction activity (such as purchase and travel
card pre-suspension and suspension reports, delinquency
reports, and exception reports), including transactions that
occur with high-risk activities, and suspicious timing or
amounts of cash withdrawals or advances;
(3) provide for the appropriate sharing of information
related to potential questionable transactions, fraud schemes,
and high-risk activities with General Services Administration
Office of Charge Card Management and the appropriate officials
in Federal agencies; and
(4) include other requirements determined appropriate by
the Director for the purposes of carrying out this Act.
SEC. 5. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP.
(a) Establishment.--The Administrator of General Services and the
Director of the Office of Management and Budget shall establish a
purchase and travel charge card data management group to develop and
share best practices for the purposes described in section 3(a).
(b) Elements.--The best practices developed under subsection (a)
shall--
(1) cover rules, edits, and task order or contract
modifications related to charge card-issuing banks;
(2) include the review of accounts payable information and
purchase and travel card transaction data of agencies for the
purpose of identifying potential strategic sourcing and other
additional opportunities (such as recurring payments, utility
payments, and grant payments) for which the charge cards or
related payment products could be used as a payment method; and
(3) include other best practices as determined by the
Administrator and Director.
(c) Membership.--The purchase and travel charge card data
management group shall meet regularly as determined by the co-chairs,
for a duration of three years, and include those agencies as described
in section 2 of the Government Charge Card Abuse Prevention Act of 2012
(Public Law 112-194) and others identified by the Administrator and
Director.
SEC. 6. REPORTING REQUIREMENTS.
(a) General Services Administration Report.--Not later than one
year after the date of the enactment of this Act, the Administrator for
General Services shall submit a report to Congress on the
implementation of this Act, including the metrics used in determining
whether the analytic and benchmarking efforts have reduced, or
contributed to the reduction of, questionable or improper payments as
well as improved utilization of card-based payment products.
(b) Agency Reports and Consolidated Report to Congress.--Not later
than one year after the date of the enactment of this Act, the head of
each Federal agency described in section 2 of the Government Charge
Card Abuse Prevention Act of 2012 (Public Law 112-194) shall submit a
report to the Director of the Office of Management and Budget on that
agency's activities to implement this Act.
(c) Office of Management and Budget Report to Congress.--The
Director of the Office of Management and Budget shall submit to
Congress a consolidated report of agency activities to implement this
Act, which may be included as part of another report submitted to
Congress by the Director.
(d) Report on Additional Savings Opportunities.--Not later than one
year after the date of the enactment of this Act, the Administrator of
General Services shall submit a report to Congress identifying and
exploring further potential savings opportunities for government
agencies under the Federal charge card programs. This report may be
combined with the report required under subsection (a). | Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2016 This bill requires the Office of Management and Budget (OMB) to develop a strategy to expand the use of data analytics in managing government purchase and travel charge card programs for the purpose of: identifying questionable transactions and developing enhanced tools and methods for agency use in identifying questionable transactions and recovering improper payments; identifying potential opportunities for agencies to further leverage administrative process streamlining and cost reduction from purchase and travel card use; developing a set of purchase and travel card metrics and benchmarks for high risk activities to assist agency purchase and travel card management and oversight activities; and developing a plan to create a library of analytics tools and data sources for use by agencies. The OMB must issue guidance on improving information sharing by government agencies, including by: (1) requiring relevant officials to identify and communicate information about high-risk activities; (2) requiring appropriate agency officials to review the reports issued by charge card-issuing banks on questionable transaction activity and suspicious timing or amounts of cash withdrawals or advances; and (3) providing for the appropriate sharing of information related to potential questionable transactions, fraud schemes, and high risk activities with GSA's Office of Charge Card Management and appropriate federal officials. The GSA and the OMB must establish a purchase and travel charge card data management group to develop and share best practices. The GSA shall report on further potential savings opportunities for government agencies under the federal charge card programs. | Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Anniversaries-Great
American Spaces Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Foundation is the congressionally-
chartered nonprofit partner of America's National Parks.
(2) The mission of the National Park Foundation is to
strengthen the enduring connection between the American people
and their National Parks by raising private funds, making
strategic grants, creating innovative partnerships, and
increasing public awareness of National Parks.
(3) The parks represented in this program represent some of
the most beloved and treasured National Parks in America.
(4) The National Park Service was established in 1916, to
preserve and protect great scenic parks such as Grand Canyon
National Park and Yosemite National Park, and to manage
battlefields such as Gettysburg National Military Park and
historical sites such as the Lincoln Memorial.
(5) Theodore Roosevelt said that nothing short of defending
this country in wartime ``compares in importance with the great
task of leaving this land even a better land for our
descendants than it is for us''.
(6) National Parks established under the presidency of
Theodore Roosevelt, such as Grand Canyon National Park and
Devils Tower National Monument, are the embodiment of that
ideal.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins for National Parks Observing Historic
Anniversaries of Their Founding.--The Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'') shall mint and
issue not more than 300,000 $1 coins for each of the National Parks
specified in section 4(c), 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 developed in consultation with the National Park
Foundation, and shall be emblematic of the National Park being
commemorated on each coin.
(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 in which the coin is
minted; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Design 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 National Park Foundation; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee established under section 5135 of title 31, United
States Code.
(c) National Parks to Be Commemorated.--The National Parks to be
commemorated in accordance with this Act, the year of commemoration,
and the anniversary to be observed are as follows:
National Park or Park
Year of Issuance Service Anniversary
2007............................. Devils Tower National 100th
Monument.
2008............................. Grand Canyon National 100th
Park.
2010............................. Glacier National Park 100th
2011............................. Lincoln Memorial..... 100th
2014............................. Yosemite National 150th
Park.
2015............................. Rocky Mountain 100th
National Park.
2016............................. National Park Service 100th
2017............................. Denali National Park. 100th
2018............................. Acadia National Park. 100th
2019............................. Zion National Park... 100th
2020............................. Gettysburg National 125th
Military Park.
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 1 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 January 1 of the year of issuance, as
specified in section 4(c), except that the Secretary may initiate sales
of such coins, without issuance, before such date.
(d) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31 of the year of issuance specified in
section 4(c).
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(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 prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4(c) may be sold separately or as a set
containing other coins authorized by this Act.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins issued 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 National Park Foundation for use as follows:
(1) 50 percent of the surcharges received shall be used by
the National Park Foundation in support of all National Parks.
(2) 50 percent of the surcharges received shall be used by
the National Park Foundation for the benefit of the National
Parks designated in section 4(c) (in addition to any amount
allocable to any such Park from expenditures of amounts under
paragraph (1)).
(c) Audits.--The National Park Foundation 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 Foundation 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 minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States 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 or the
National Credit Union Administration Board. | National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding.
Directs the Secretary to take action to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government.
Prohibits coin issuance unless the Secretary has received: (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits of which are insured by either the Federal Deposit Insurance Corporation, or the National Credit Union Administration Board. | To require the Secretary of the Treasury to mint coins in commemoration of the founding of America's National Parks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Disability Benefits for
Injured and Wounded Warriors Act of 2007''.
SEC. 2. REVIEW AND ACTION ON CERTAIN DETERMINATIONS OF THE PHYSICAL
EVALUATION BOARD.
(a) Panel for Reviews.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall appoint, from
among individuals in the private sector who are qualified for such
purpose, a panel of individuals to conduct the reviews required by
subsection (b).
(b) Reviews.--
(1) In general.--The panel appointed under subsection (a)
shall--
(A) review--
(i) each case before the Physical
Evaluation Board of the Department of Defense
in which such board determined to discharge,
separate, or release a member of the Armed
Forces without assigning a rating of disability
to the member; and
(ii) each case before the Physical
Evaluation Board in which a member of the Armed
Forces appealed the determination of such board
regarding the rating of disability assigned to
the member;
(B) for each case so reviewed--
(i) determine whether or not a liaison
officer was assigned to the member of the Armed
Forces concerned for such case; and
(ii) determine whether or not an attorney
was assigned to the member of the Armed Forces
concerned for such case; and
(C) for each case so reviewed, determine whether or
not the facts of the case warrant the re-opening of the
case for purposes of assigning a rating of disability
to the member of the Armed Forces concerned, or
increasing a rating of disability previously assigned
the member, as applicable, for purposes of the receipt
of disability benefits.
(2) Covered cases.--The review required by paragraph (1)
shall be performed for each case described in that paragraph in
which a final determination was made by a board referred to in
that paragraph during the period beginning on September 11,
2001, and ending on the date of the enactment of this Act.
(3) Availability of information.--The Secretary shall make
available to the panel appointed under subsection (a) such
information as the panel shall require in order to conduct the
reviews required by paragraph (1), including the case files of
the Physical Evaluation Board.
(4) Reports.--Not later than 60 days after the date of the
appointment of the panel required by subsection (a), and every
60 days thereafter until the completion of the reviews required
by paragraph (1), the panel shall submit to the Secretary of
Defense and the Secretary of the military department concerned
a report on each case reviewed under paragraph (1) during the
preceding 60 days, including the results of each such review
and the determinations required with respect to such case under
subparagraphs (B) and (C) of paragraph (1).
(c) Re-Evaluation of Cases.--
(1) In general.--The Secretary of the military department
concerned shall provide for a re-evaluation by the Physical
Evaluation Board of each case covered by a report under
subsection (b)(4) in which the panel appointed under subsection
(a) determined, as specified in subsection (b)(1)(C), that the
fact of such case warrant the re-opening of such case for
purposes of assigning a rating of disability to the member of
the Armed Forces concerned, or increasing a rating of
disability previously assigned the member, as applicable, for
purposes of the receipt of disability benefits.
(2) Prohibition on reduction of rating of disability.--A
rating of disability subject to re-evaluation under paragraph
(1) may not be reduced as a result of the re-evaluation under
that paragraph.
(3) Guidelines and procedures.--The re-evaluation of cases
under paragraph (1) shall be governed by such guidelines, and
follow such procedures, as the Secretary of Defense shall
prescribe for purposes of that paragraph. Such guidelines shall
prohibit a reduction of rating of disability pursuant to a re-
evaluation under that paragraph. Such guidelines and procedures
shall, to the extent practicable, apply uniformly across the
military departments.
(4) Deadline.--The re-evaluation of a case under paragraph
(1) shall be completed not later than 180 days after the date
of the receipt of a report on such case under subsection
(b)(4).
(d) Correction of Records.--If a result of the re-evaluation of a
case under subsection (c), the Physical Evaluation Board determines to
assign a rating of disability to a member of the Armed Forces, or
increase the rating previously assigned the member, as applicable, the
Secretary of the military department concerned shall correct the record
of the member, with the effective date of such correction to be the
date of the original determination under the case by the Physical
Evaluation Board regarding the disability of the member.
SEC. 3. REVIEW AND ACTION ON DETERMINATIONS ON BENEFITS UNDER TRAUMATIC
SERVICEMEMBERS GROUP LIFE INSURANCE.
(a) Panel.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall appoint, from among
individuals in the private sector who are qualified for such purpose, a
panel of individuals to carry out the actions required by subsection
(b).
(b) Review and Assessment of Determinations.--
(1) In general.--The panel appointed under subsection (a)
shall--
(A) review--
(i) each case in which a member of the
Armed Forces was denied traumatic injury
protection under section 1980A of title 38,
United States Code, for a qualifying loss
claimed by the member; and
(ii) each case in which a member of the
Armed Forces appealed a determination of the
amount of traumatic injury protection awarded
the member under that section for a qualifying
loss claimed by the member; and
(B) for each case so reviewed, determine whether or
not the facts of the case warrant the re-opening of the
case for purposes of paying traumatic injury protection
to the member of the Armed Forces concerned, or
increasing the amount of traumatic injury protection
previously paid the member, as applicable, under that
section for a qualifying loss claimed by the member.
(2) Covered cases.--The review required by paragraph (1)
shall be performed for each case described in that paragraph in
which a final determination on a claim for a qualifying loss
under section 1980A of title 38, United States Code, was made
during the period beginning on May 11, 2005, and ending on the
date of the enactment of this Act.
(3) Availability of information.--The Secretary of Defense
shall make available to the panel appointed under subsection
(a) such information as the panel shall require in order to
conduct the reviews required by paragraph (1).
(4) Reports.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter until the
completion of the reviews required by paragraph (1), the panel
appointed under subsection (a) shall submit to the Secretary of
Defense a report on each case reviewed under paragraph (1)
during the preceding 60 days, including the results of each
such review and the determination required with respect to such
case under paragraph (1)(B).
(c) Re-Evaluation of Cases.--
(1) In general.--The Secretary of Defense shall re-evaluate
each case covered by a report under subsection (b)(4) in which
the panel appointed under subsection (a) determines, as
specified in subsection (b)(1)(B), that the facts of such case
warrant the re-opening of such case for purposes of paying
traumatic injury protection for the member of the Armed Forces
concerned, or increasing the amount of traumatic injury
protection previously paid the member, as applicable, under
section 1980A of title 38, United States Code, for a qualifying
loss claimed by the member.
(2) Prohibition on reduction of insurance award.--The
amount of insurance awarded under section 1980A of title 38,
United States Code, in any case subject to re-evaluation under
paragraph (1) may not be reduced as a result of the re-
evaluation under that paragraph.
(3) Guidelines and procedures.--The re-evaluation of cases
under paragraph (1) shall be governed by such guidelines, and
follow such procedures, as the Secretary of Defense shall
prescribe for purposes of that paragraph. Such guidelines and
procedures shall, to the extent practicable, apply uniformly
across the military departments.
(4) Deadline.--The reconsideration of a case under
paragraph (1) shall be completed not later than 180 days after
the date of the receipt of a report on such case under
subsection (b)(4).
(d) Correction of Records.--If a result of the reconsideration of a
case under subsection (c), the Secretary of Defense determines to pay
traumatic injury protection to a member of the Armed Forces, or
increase the amount of traumatic injury protection previously paid the
member, as applicable, under section 1980A of title 38, United States
Code, for a qualifying loss claimed by the member, the Secretary shall
correct the record of the member, with the effective date of such
correction to be the date of the original determination under the case
on the qualifying loss claimed by the member.
SEC. 4. ADEQUACY OF ASSIGNMENT OF JUDGE ADVOCATES TO PHYSICAL
EVALUATION BOARD CASES.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
that includes the following:
(1) An assessment whether or not the number of judge
advocates assigned to cases before the Physical Evaluation
Board is adequate to ensure that--
(A) the judge advocates assigned such cases bear a
reasonable caseload of such cases; and
(B) the judge advocates assigned such cases
contribute to the efficient and timely disposition of
such cases by the board.
(2) A recommendation of the number judge advocates to be
assigned to such cases in order to best achieve each of the
objectives set forth under paragraph (1).
(b) Judge Advocate Defined.--In this section, the term ``judge
advocate'' has the meaning given that term in section 801 of title 10,
United States Code (article 1 of the Uniform Code of Military Justice).
SEC. 5. COMPTROLLER GENERAL REPORTS ON DISABILITY CLAIMS PROCESSES.
(a) Report on Efforts To Address Certain Deficiencies in Disability
Evaluation Systems of the Military Departments.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report setting
forth the assessment of the Comptroller of the efforts of the
Department of Defense to address the deficiencies identified in
the report of the Comptroller General entitled ``Military
Disability System: Improved Oversight Needed to Ensure
Consistent and Timely Outcomes for Reserve and Active Duty
Service Members'' (GAO-06-362; March 2006).
(2) Elements.--The report required by paragraph (1) shall
address the efforts of the Department regarding the following:
(A) Harmonizing the procedures and practices of the
military departments under their disability evaluation
systems.
(B) Monitoring the compliance of such disability
evaluation systems with the policies and guidelines
applicable to such systems.
(C) Improving oversight of such disability systems
by the Disability Advisory Council, including--
(i) whether the council has reviewed the
standardized disability rating system to
classify the severity of medical impairments;
and
(ii) whether the council has proposed
improvements to or recertification of such
systems.
(D) Improving the collection and processing of
information under such systems.
(E) Improving data entry under such systems,
including decreasing reported error rates and enhancing
training programs for Army data processors.
(F) Improving oversight of the training for staff
of such systems.
(G) Improving the availability of and access to
liaison officers to the Physical Evaluation Board of
each military department.
(H) Improving utilization of line-of-duty
determinations for members of the Armed Forces,
including members of the regular Armed Forces and
members of the National Guard and Reserve.
(I) Improving the quality of care and services for
wounded or injured members of the National Guard and
Reserve who are in medical holdover status and
receiving medical treatment away from their homes and
families.
(J) Improving quality assurance mechanisms to
ensure that disability determination under such systems
are consistent.
(b) Report on Adequacy of Schedule for Rating Disabilities of
Department of Veterans Affairs.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report setting forth the assessment
of the Comptroller General of the adequacy of the schedule for rating
disabilities of the Department of Veterans Affairs in recognizing, and
providing for appropriate compensation for, disabilities incurred or
aggravated in the Global War on Terror, including the following:
(1) Traumatic brain injuries.
(2) Amputations.
(3) Spinal injuries.
(4) Post-traumatic stress disorder (PTSD).
(5) Hearing loss.
(c) Report on Standards and Procedures of Physical Evaluation
Board.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report setting
forth the review and assessment of the Comptroller General of
the standards and procedures of the Physical Evaluation Board
of the Department of Defense.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the standards
and procedures of the Physical Evaluation Board of the
Department of Defense, including standards and
procedures relating to--
(i) the qualification and selection of
members of the board;
(ii) the timeliness of proceedings;
(iii) witness participation in proceedings;
(iv) the participation of liaison officers
in proceedings;
(v) the availability of legal assistance
for members of the Armed Forces seeking to
appeal determinations of the board; and
(vi) other appropriate board matters.
(B) Recommendations for such improvements to such
standards and procedures as the Comptroller General
considers appropriate to enhance and improve the
activities of the Physical Evaluation Board. | Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007 - Directs the Secretary of Defense to appoint a panel to review each case before a Department of Defense (DOD) Physical Evaluation Board in which: (1) the Board determined to discharge or release a member of the Armed Forces without assigning a rating of disability to the member; and (2) the member appealed a Board determination regarding the rating of disability. Requires the panel to report whether any additional or different action should be taken by the military department concerned with respect to such determinations.
Directs the Secretary to appoint a panel to review, and take the same actions as above, cases in which a member was denied, or appealed the amount of, traumatic injury protection awarded under Servicemembers Group Life Insurance.
Requires the: (1) Secretary to report to Congress on the adequacy of the number of judge advocates assigned to physical evaluation board cases; and (2) Comptroller General to report to Congress assessing and addressing deficiencies in the disability evaluation systems of the military departments. | A bill to provide for the improvement of the physical evaluation processes applicable to members of the Armed Forces, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Infusion Therapy
Consolidated Coverage Act of 2006''.
SEC. 2. CONSOLIDATION OF MEDICARE COVERAGE OF HOME INFUSION THERAPY
UNDER PART B.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(Z);
(B) by adding ``and'' at the end of subparagraph
(AA); and
(C) by adding at the end the following new
subparagraph:
``(BB) home infusion therapy (as defined in subsection
(ccc)(1));''; and
(2) by adding at the end the following new subsection: ``
``Home Infusion Therapy
``(ccc)(1) The term `home infusion therapy' means the following
items and services furnished to an individual, who is under the care of
a physician, which are provided, except as provided in subparagraph
(B), by a qualified home infusion therapy provider under a plan (for
furnishing such items and services to such individual) established and
periodically reviewed by a physician, which items and services are
provided in an integrated manner in the individual's home in
conformance with clinical standards of care established by the
Secretary (after taking into account the standards commonly used for
home infusion therapy by Medicare Advantage organizations and
accreditation organizations)--
``(A) infusion drugs (as defined in paragraph
(2)(B));
``(B) nursing services provided, directly or by an
accredited homecare organization under arrangements
made, by the qualified home infusion therapy provider,
in connection with such infusion; and
``(C) other professional services (including
pharmacy and care coordination services) and related
items and services (including medical supplies,
intravenous fluids, home delivery, equipment, and other
items and services the Secretary determines
appropriate) to administer infusion drug therapies to
an individual safely and effectively in the home;
except that such term does not include nursing services to the
extent they are covered as home health services.
``(2) For purposes of paragraph (1):
``(A) The term `home' means a place of residence
used as an individual's home and includes such
alternate settings as the Secretary determines.
``(B) The term `infusion drugs' means parenteral
drugs and biologicals administered via an intravenous,
intraspinal, intra-arterial, intrathecal, subcutaneous,
or intramuscular access device inserted into the body.
``(C) The term `qualified home infusion therapy
provider' means any pharmacy that--
``(i) has expertise in the preparation of
compounded sterile preparations in compliance
with enforceable standards of the U.S.
Pharmacopoeia or other nationally recognized
standards that regulate compounding of sterile
preparations as determined by the Secretary;
``(ii) provides infusion therapy to
patients with acute or chronic conditions
requiring parenteral administration of drugs
and biologicals administered through catheters
or needles, or both, in a home; and
``(iii) meets such requirements as the
Secretary determines are necessary to ensure
the safe and effective provision of home
infusion therapy (taking into account the
standards of care for home infusion therapy
established by private payers).''.
(b) Payment for Home Infusion Therapy.--
(1) In general.--Section 1834 of such Act (42 U.S.C. 1395m)
is amended by adding at the end the following new subsection:
``(n) Payment for Home Infusion Therapy.--The payment amount under
this part for home infusion therapy is determined as follows:
``(1) In general.--Except as provided in this subsection,
the Secretary shall determine a per diem schedule for payment
for home infusion therapy (including pharmacy services,
administration services, care coordination services, supplies
and equipment necessary to safely and properly administer a
home infusion drug or biological in accordance with the
requirements and clinical standards commonly used for home
infusion therapy) which reflects the reasonable costs which
must be incurred by efficiently and economically operated
qualified home infusion therapy providers to provide such
therapy in conformity with applicable State and Federal laws,
regulations, and quality and safety standards and to assure
that Medicare beneficiaries have reasonable access to such
therapy.
``(2) Infusion drugs.--
``(A) In general.--Except as provided in
subparagraph (B), the provisions of section 1847A shall
apply to payment under this part for drugs included in
home infusion therapy.
``(B) Special rule.--In applying subparagraph (A),
the determination of average sales prices under section
1847A shall be limited to such prices for infusion drug
sales to home infusion therapy pharmacies.''.
(2) Conforming amendments.--
(A) Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended by striking ``and'' before
``(V)'' and by inserting before the semicolon at the
end the following: ``, and (W) with respect to home
infusion therapy, the amounts paid shall be determined
under section 1834(n)''.
(B) The first sentence of section 1842(b)(6) of
such Act (42 U.S.C. 1395u(b)(6)) is amended by striking
``and'' before ``(H)'' and by inserting before the
period at the end the following: ``, and (I) in the
case of home infusion therapy, payment shall be made to
the qualified home infusion therapy provider
responsible for furnishing the therapy''.
(c) Other Conforming Provisions.--
(1) Exclusion from durable medical equipment benefit.--
Section 1861(n) of such Act (42 U.S.C. 1395x(n)) is amended by
adding at the end the following: ``Such term does not include
home infusion therapy.''.
(2) Application of accreditation organization provisions.--
The provisions of section 1865(b) of the Social Security Act
apply to accreditation of qualified home infusion therapy
providers.
(d) Effective Date.--The amendments made by this section shall
apply to home infusion therapy furnished on or after January 1, 2007. | Medicare Home Infusion Therapy Consolidated Coverage Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to provide for the consolidated coverage of home infusion therapy under Medicare part B (Supplementary Medical Insurance). | To amend title XVIII of the Social Security Act to provide for the consolidated coverage of home infusion therapy under part B of the Medicare Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simple Savings Tax Relief Act of
2003''.
SEC. 2. EXEMPTION OF CERTAIN INTEREST INCOME FROM TAX.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. PARTIAL EXCLUSION OF INTEREST RECEIVED BY INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
interest otherwise includible in gross income which is received during
the taxable year by an individual.
``(b) Limitations.--
``(1) Maximum amount.--The aggregate amount excluded under
subsection (a) for any taxable year shall not exceed--
``(A) in the case of any taxable year beginning in
2004, $200 ($400 in the case of a joint return), and
``(B) in the case of any taxable year beginning
after 2004, $400 (twice such amount in the case of a
joint return).
``(2) Inflation adjustment.--In the case of any taxable
year beginning after 2005, the $400 amount contained in
paragraph (1)(B) 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 such calendar year by
substituting `calendar year 2004' for `calendar year
1992' in subparagraph (B) thereof.
If any increase under the preceding sentence is not a
multiple of $10, such increase shall be rounded to the
nearest multiple of $10.
``(c) Interest.--For purposes of this section, the term `interest'
means--
``(1) interest on deposits with a bank (as defined in
section 581),
``(2) amounts (whether or not designated as interest) paid
in respect of deposits, investment certificates, or
withdrawable or repurchasable shares, by--
``(A) a mutual savings bank, cooperative bank,
domestic building and loan association, industrial loan
association or bank, or credit union, or
``(B) any other savings or thrift institution which
is chartered and supervised under Federal or State law,
the deposits or accounts in which are insured under Federal or
State law or which are protected and guaranteed under State
law.
``(d) Certain Nonresident Aliens Ineligible for Exclusion.--For
purposes of this section, in the case of a nonresident alien
individual, subsection (a) shall apply only in determining the taxes
imposed for the taxable year pursuant to sections 871(b)(1) and
877(b).''.
(b) Conforming Amendments.--
(1) Subparagraph (C) of section 32(c)(5) of such Code is
amended by striking ``or'' at the end of clause (i), by
striking the period at the end of clause (ii) and inserting ``;
or'', and by inserting after clause (ii) the following new
clause:
``(iii) interest received during the
taxable year which is excluded from gross
income under section 116.''.
(2) Subparagraph (A) of section 32(i)(2) of such Code is
amended by inserting ``(determined without regard to section
116)'' before the comma.
(3) Subparagraph (B) of section 86(b)(2) of such Code is
amended to read as follows:
``(B) increased by the sum of--
``(i) the amount of interest received or
accrued by the taxpayer during the taxable year
which is exempt from tax, and
``(ii) the amount of interest received
during the taxable year which is excluded from
gross income under section 116.''.
(4) Subsection (d) of section 135 of such Code is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Coordination with section 116.--This section shall be
applied before section 116.''.
(5) Paragraph (2) of section 265(a) of such Code is amended
by inserting before the period ``, or to purchase or carry
obligations or shares, or to make deposits, to the extent the
interest thereon is excludable from gross income under section
116''.
(6) Subsection (c) of section 584 of such Code is amended
by adding at the end the following new flush sentence:
``The proportionate share of each participant in the amount of interest
received by the common trust fund and to which section 116 applies
shall be considered for purposes of such section as having been
received by such participant.''.
(7) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Interest.--There shall be included the amount of any
interest excluded from gross income pursuant to section 116.''.
(8) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 115 the following new item:
``Sec. 116. Partial exclusion of
dividends and interest received
by individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Simple Savings Tax Relief Act of 2003 - Amends the Internal Revenue Code to exclude from gross income up to $400 (twice such amount on a joint return) of interest income annually. Provides for an inflation adjustment to such amount. | To amend the Internal Revenue Code of 1986 to exclude from gross income certain interest amounts received by individuals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel Keysar Memorial and Childhood
Consumer Product Safety Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On May 12, 1998, Chicago resident Linda Ginzel and her
husband, Boaz Keysar, lost their 16-month old son, Danny, when
a defective crib collapsed and strangled him at a Chicago day
care home. Although the licensed day care facility had been
inspected just 8 days before the incident and the crib had been
recalled by the Consumer Product Safety Commission in 1993, the
day care home was not aware of the recall and it never removed
the defective crib. Danny was the twelfth child to die in this
type of defective crib nationwide. Moreover, the thirteenth
child was killed in Fair Haven, New Jersey just 3 months later.
(2) The Consumer Product Safety Commission (CPSC) is an
independent Federal regulatory agency created in 1972 to
protect the public against unreasonable risks of injuries and
deaths associated with consumer products. Although the CPSC has
jurisdiction over about 15,000 types of consumer products, its
budget is less than the Food and Drug Administration's budget
for regulating animal medicines.
(3) The budget for the Consumer Product Safety Commission
has failed to keep pace with inflation. In fact, when indexed
for inflation, the Commission's 1974 budget allocation of $30
million would be $98 million today, compared to the current
level of $47 million.
(4) Although manufacturers are required by law to report
safety problems with their products, on average only about 260
reports are filed each year. Yet, annual CPSC inspections of
over 2,000 products consistently revealed close to half the
products in violation of CPSC regulations.
(5) On average, the CPSC recalls about 200-300 products
each year, the majority of which are children's products or
toys.
(6) In 1998, 38 million individual units of children's
products were recalled.
(7) Although the CPSC is able to have recalled products
removed from retail stores, it is more difficult to have
recalled products removed from consumers' homes, the secondary
market, including resale stores and child care facilities. On
average, only 10 to 30 percent of the products recalled are
repaired or returned. The number of products destroyed by the
consumer is unknown. As a result, children and other consumers
are likely to be injured and some killed by recalled products
that have not been returned, destroyed, or repaired.
SEC. 3. RECALLED PRODUCTS.
The Consumer Product Safety Act (15 U.S.C. 2501 et seq.) is amended
by adding at the end the following:
``recalled products
``Sec. 38. (a) Within 180 days from the date of enactment of this
section, the Commission shall establish a comprehensive list of all
children's products subject to recall or corrective action under the
statutes it administers over the last 15 years and shall undertake to
make the list widely available to the general public, State and local
governments, and the secondary market, including retail stores and
child care facilities through its toll free telephone hotline,
electronic mail, and web site listings. The Commission shall develop a
strategy for partnering with State and local governments to produce and
distribute the list under this subsection to individual consumers and
the secondary market, including resale stores and child care centers.
``(b) Section 6(b) shall not apply to Commission announcements of
corrective actions. All Commission announcements of corrective actions,
including press releases, shall be identified as `recall'. The
announcements shall, with respect to the product for which the
announcements are made--
``(1) state clearly and concisely, in the strongest
possible language, the nature and extent of the product hazard
and any potential risk of injury; and
``(2) shall include the number of known deaths, injuries
and incidents associated with the product hazard being
corrected.
In stating the hazard and risk of injury, the announcement shall use
clear and unambiguous language intended to motivate consumers to
participate in the recall. In addition, the Commission shall publicly
post press releases and other announcements of corrective action, e.g.
annual report listings in a timely manner.
``(c) The Commission shall establish a pilot program to work with
manufacturers and retailers to obtain the identity of consumers who
purchase specified juvenile or children's products so the consumer can
be notified in the event of a product recall.
``(d) The Commission shall report to Congress annually on the
effectiveness of the recalls ordered under section 15(d) for each
specific product so that the percentage of products sold and subject to
such recall or corrective action and actually recalled or repaired may
be determined and made available to the general public through its toll
free telephone hotline, electronic mail, and website.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
The first sentence of section 32(a) of the Consumer Product Safety
Act (15 U.S.C. 2081) is amended by striking out ``not to exceed'' and
all that follows and inserting ``$100 million for each of the fiscal
years 2001, 2002, and 2003.''. | Directs the Commission to: (1) establish a pilot program to work with manufacturers and retailers to obtain the identity of consumers who purchase specified children's products so that such consumers can be notified in the event of a product recall; and (2) report to Congress annually on the effectiveness of recalls for each specific product and to determine the percentage of recalled products which are actually repaired or corrected.
Increases and extends through FY 2003 the authorization of appropriations under the Act. | Daniel Keysar Memorial and Childhood Consumer Product Safety Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Resource Management on
Military Lands Act of 1994''.
SEC. 2. AMENDMENT OF SIKES ACT.
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 title I of the Act entitled
``An Act to promote effectual planning, development, maintenance, and
coordination of wildlife, fish, and game conservation and
rehabilitation in military reservations'', approved September 15, 1960
(16 U.S.C. 670a et seq.), commonly referred to, and in this Act
referred to, as the ``Sikes Act''.
SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS FOR MILITARY
INSTALLATIONS, GENERALLY.
(a) In General.--Section 101(a) (16 U.S.C. 670a(a)) is amended--
(1) by striking ``is authorized to'' and inserting
``shall'';
(2) by striking ``in each military reservation in
accordance with a cooperative plan'' and inserting the
following: ``on military installations. Under the program, the
Secretary shall prepare and implement for each military
installation in the United States an integrated natural
resource management plan''; and
(3) by inserting after ``reservation is located'' the
following: ``, except that the Secretary is not required to
prepare such a plan for a military installation if the
Secretary determines that preparation of such a plan for the
installation is not appropriate''.
(b) Conforming Amendments.--Title I, as amended by subsection (a)
of this section, is further amended--
(1) in section 101(b) (16 U.S.C. 670a(b)) in the matter
preceding paragraph (1) by striking ``cooperative plan'' and
inserting ``integrated natural resource management plan'';
(2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)) by striking
``cooperative plan'' each place it appears and inserting
``integrated natural resource management plan'';
(3) in section 101(c) (16 U.S.C. 670a(c)) in the matter
preceding paragraph (1) by striking ``a cooperative plan'' and
inserting ``an integrated natural resource management plan'';
(4) in section 101(d) (16 U.S.C. 670a(d)) in the matter
preceding paragraph (1) by striking ``cooperative plans'' and
inserting ``integrated natural resource management plans'';
(5) in section 101(e) (16 U.S.C. 670a(e)) by striking
``Cooperative plans'' and inserting ``Integrated natural
resource management plans'';
(6) in section 102 (16 U.S.C. 670b) by striking ``a
cooperative plan'' and inserting ``an integrated natural
resource management plan'';
(7) in section 103 (16 U.S.C. 670c) by striking ``a
cooperative plan'' and inserting ``an integrated natural
resource management plan'';
(8) in section 106(a) (16 U.S.C. 670f(a)) by striking
``cooperative plans'' and inserting ``integrated natural
resource management plans''; and
(9) in section 106(c) (16 U.S.C. 670f(c)) by striking
``cooperative plans'' and inserting ``integrated natural
resource management plans''.
(c) Contents of Plans.--Section 101(b) (16 U.S.C. 670a(b)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C) by striking ``and'' after
the semicolon;
(B) in subparagraph (D) by striking the semicolon
at the end and inserting a comma; and
(C) by adding at the end the following:
``(E) wetland protection and restoration, and
wetland creation where necessary, for support of fish
or wildlife,
``(F) consideration of conservation needs for all
biological communities, and
``(G) the establishment of specific natural
resource management goals, objectives, and time-frames
for proposed actions;'';
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) shall for the military installation for which it is
prepared--
``(A) address the needs for fish and wildlife
management, land management, forest management, and
wildlife-oriented recreation;
``(B) ensure the integration of, and consistency
among, the various activities conducted under the plan;
``(C) ensure that there is no net loss in the
capability of installation lands to support the
military mission of the installation;
``(D) provide for sustained use by the public of
natural resources, to the extent that such use is not
inconsistent with the military mission of the
installation or the needs of fish and wildlife
management;
``(E) provide the public access to the installation
that is necessary or appropriate for that use, to the
extent that access is not inconsistent with the
military mission of the installation; and
``(F) provide for professional enforcement of
natural resource laws and regulations;''; and
(5) in paragraph (4)(A) by striking ``collect the fees
therfor,'' and inserting ``collect, spend, administer, and
account for fees therefor,''.
(d) Public Comment.--Section 101 (16 U.S.C. 670a) is amended by
adding at the end the following:
``(f) Public Comment.--The Secretary of Defense shall provide an
opportunity for public comment on each integrated natural resource
management plan prepared under subsection (a).''.
SEC. 4. REVIEW OF MILITARY INSTALLATIONS FOR PREPARATION OF INTEGRATED
NATURAL RESOURCE MANAGEMENT PLANS.
(a) Review of Military Installations.--
(1) Review.--The Secretary of each military department
shall, by not later than 9 months after the date of the
enactment of this Act--
(A) review each military installation in the United
States that is under the jurisdiction of that Secretary
to determine the military installations for which the
preparation of an integrated natural resource
management plan under section 101 of the Sikes Act, as
amended by this Act, is appropriate; and
(B) submit to the Secretary of Defense a report on
those determinations.
(2) Report to congress.--The Secretary of Defense shall, by
not later than 12 months after the date of the enactment of
this Act, submit to the Congress a report on the reviews
conducted under paragraph (1). The report shall include--
(A) a list of those military installations reviewed
under paragraph (1) for which the Secretary of Defense
determines the preparation of an integrated natural
resource management plan is not appropriate; and
(B) for each of the military installations listed
under subparagraph (A), an explanation of the reasons
such a plan is not appropriate.
(b) Deadline for Integrated Natural Resource Management Plans.--Not
later than 2 years after the date of the submission of the report
required under subsection (a)(2), the Secretary of Defense shall, for
each military installation for which the Secretary has not determined
under subsection (a)(2)(A) that preparation of an integrated natural
resource management plan is not appropriate--
(1) prepare and begin implementing such a plan mutually
agreed to by the Secretary of the Interior and the head of the
appropriate State agencies under section 101(a) of the Sikes
Act, as amended by this Act; or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of the enactment of this
Act, complete negotiations with the Secretary of the Interior
and the heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan to
constitute an integrated natural resource plan that complies
with that section, as amended by this Act.
(c) Public Comment.--The Secretary of Defense shall provide an
opportunity for the submission of public comments on--
(1) integrated natural resource management plans proposed
pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pursuant to
subsection (b)(2).
SEC. 5. ANNUAL REVIEWS AND REPORTS.
Section 101 (16 U.S.C. 670a) is further amended by adding after
subsection (f) (as added by section 3(d) of this Act) the following:
``(g) Reviews and Reports.--
``(1) Secretary of defense.--The Secretary of Defense
shall, by not later than March 1 of each year, review the
extent to which integrated natural resource management plans
were prepared or in effect and implemented in accordance with
this Act in the preceding year, and submit a report on the
findings of that review to the committees. Each report shall
include--
``(A) the number of integrated natural resource
management plans in effect in the year covered by the
report, including the date on which each plan was
issued in final form or most recently revised;
``(B) the amount of moneys expended on conservation
activities conducted pursuant to those plans in the
year covered by the report, including amounts expended
under the Legacy Resource Management Program
established under section 8120 of the Act of November
5, 1990 (Public Law 101-511; 104 Stat. 1905); and
``(C) an assessment of the extent to which the
plans comply with the requirements of subsection (b)
(1) and (2), including specifically the extent to which
the plans ensure in accordance with subsection
(b)(2)(C) that there is no net loss of lands to support
the military missions of military installations.
``(2) Secretary of the interior.--The Secretary of the
Interior, by not later than March 1 of each year and in
consultation with State agencies responsible for conservation
or management of fish or wildlife, shall submit a report to the
committees on the amount of moneys expended by the Department
of the Interior and those State agencies in the year covered by
the report on conservation activities conducted pursuant to
integrated natural resource management plans.
``(3) Committees defined.--For purposes of this subsection,
the term `committees' means the Committees on Merchant Marine
and Fisheries and Armed Services of the House of
Representatives and the Committees on Armed Services and
Environment and Public Works of the Senate.''.
SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL RESOURCE MANAGEMENT
PLANS; ENFORCEMENT OF OTHER LAWS.
Title I (16 U.S.C. 670a et seq.) is amended--
(1) by redesignating section 106 as section 110; and
(2) by inserting after section 105 the following:
``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the conservation of natural
resources on Federal lands may be enforced by the Secretary of Defense
with respect to violations of those laws which occur on military
installations within the United States.''.
SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I (16 U.S.C. 670a et seq.) is amended by inserting after
section 106 (as added by section 6 of this Act) the following:
``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
``The Secretary of each military department shall ensure that
sufficient numbers of professionally trained natural resource
management personnel and natural resource law enforcement personnel are
available and assigned responsibility to perform tasks necessary to
comply with this Act, including the preparation and implementation of
integrated natural resource management plans.''.
SEC. 8. DEFINITIONS.
Title I (16 U.S.C. 670a et seq.) is further amended by inserting
after section 107 (as added by section 7 of this Act) the following:
``SEC. 108. DEFINITIONS.
``In this title:
``(1) Military department.--The term `military department'
means the Department of the Army, the Department of the Navy,
and the Department of the Air Force.
``(2) Military installation.--The term `military
installation'--
``(A) means any land or interest in land owned by
the United States and administered by the Secretary of
Defense or the head of a military department; and
``(B) includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
head of a military department.
``(3) State fish and wildlife agency.--The term `State fish
and wildlife agency' means an agency of State government that
is responsible under State law for managing fish or wildlife
resources.
``(4) United states.--The term `United States' means the
States, the District of Columbia, the Commonwealth of Puerto
Rico, and the territories and possessions of the United
States.''.
SEC. 9. SHORT TITLE.
Title I (16 U.S.C. 670a et seq.) is further amended by inserting
after section 108 (as added by section 7 of this Act) the following:
``SEC. 109. SHORT TITLE.
``This title may be cited as the `Sikes Act'.''.
SEC. 10. COOPERATIVE AGREEMENTS.
(a) Cost Sharing.--Section 103a(b) (16 U.S.C. 670c-1(b)) is amended
by striking ``matching basis'' each place it appears and inserting
``cost-sharing basis''.
(b) Accounting.--Section 103a(c) (16 U.S.C. 670c-1(c)) is amended
by inserting before the period at the end the following: ``, and shall
not be subject to section 1535 of that title''.
SEC. 11. REPEAL.
Section 2 of the Act of October 27, 1986 (Public Law 99-651; 16
U.S.C. 670a-1) is repealed.
SEC. 12. CLERICAL AMENDMENTS.
Title I, as amended by this Act, is further amended--
(1) in the heading for the title by striking ``military
reservations'' and inserting ``military installations'';
(2) in section 101(a) (16 U.S.C. 670a(a)) by striking ``the
reservation'' and inserting ``the installation'';
(3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))--
(A) in subparagraph (A) by striking ``the
reservation'' and inserting ``the installation''; and
(B) in subparagraph (B) by striking ``the military
reservation'' and inserting ``the military
installation'';
(4) in section 101(c) (16 U.S.C. 670a(c))--
(A) in paragraph (1) by striking ``a military
reservation'' and inserting ``a military
installation''; and
(B) in paragraph (2) by striking ``the
reservation'' and inserting ``the installation'';
(5) in section 102 (16 U.S.C. 670b) by striking ``military
reservations'' and inserting ``military installations''; and
(6) in section 103 (16 U.S.C. 670c) by striking ``military
reservations'' and inserting ``military installations''.
SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Programs on Military Installations.--Subsections (b) and (c) of
section 110 (as redesignated by section 6 of this Act) are each amended
by striking ``1983'' and all that follows through ``1993,'' and
inserting ``1994, 1995, 1996, and 1997,''.
(b) Programs on Public Lands.--Subsections (a) and (b) of section
209 (16 U.S.C. 670o (a) and (b)) are each amended by striking ``1983''
and all that follows through ``1993,'' and inserting ``1994, 1995,
1996, and 1997,''.
Passed the House of Representatives September 12, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 3300 RS----2 | Natural Resource Management on Military Lands Act of 1994 - Amends the Act of September 15, 1960 (commonly referred to as the Sikes Act) to direct (current law authorizes) the Secretary of Defense to carry out a program of wildlife, fish, and game conservation on each U.S. military installation. Requires an integrated natural resource management plan (plan) to be included in each program. Requires the plan to address the needs for fish and wildlife management, land management, forest management, and wildlife-oriented recreation. Requires an opportunity for public comment on each plan prepared. Requires the: (1) Secretaries of each military department to review and report to the Secretary on military installations under their jurisdiction which would be appropriate for a plan; and (2) Secretary to report to the Congress on such reviews. Provides a deadline for the establishment of such plans.
Directs the Secretary to annually review the extent to which plans were prepared or in effect and implemented during the preceding year. Requires the Secretary of the Interior to report to specified congressional committees on funds expended on conservation activities conducted pursuant to such plans.
Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform tasks necessary to ensure plan compliance.
Entitles the Act of September 15, 1960, as the Sikes Act.
Extends through FY 1997 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands. | Natural Resource Management on Military Lands Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collaborative Forest Health Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``at-risk community'' means--
(A) an urban wildland ``interface'' or ``intermix''
community as those terms were defined by the
Secretaries on January 4, 2001 (66 FR 753), or
(B) consisting of a collection of homes or other
structures with basic infrastructure and services, such
as utilities, collectively maintained transportation
routes, and emergency services;
(i) on which conditions are conducive to
large-scale fire disturbance events; and
(ii) for which a significant risk exists of
a resulting spread of the fire disturbance
event, after ignition, which would threaten
human life and property.
(2) The term ``community protection zone'' means an at-risk
community and an area within one-half mile of an at-risk
community.
(3) The term ``Secretaries'' means the Secretary of
Agriculture with respect to National Forest System lands and
the Secretary of the Interior with respect to public lands
administered by the Bureau of Land Management.
(4) The term ``1890 Institution'' means a college or
university eligible to receive funds under the Act of August
30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University.
(5) The term ``Federal lands'' means public lands as
defined in section 103(e) of the Federal Land Policy and
Management Act (43 U.S.C. 1702(e)) and the National Forest
System as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act (16 U.S.C. 1609(a)).
SEC. 3. EXPEDITED PLANNING AND IMPLEMENTATION PROCESS.
(a) Categorical Exclusion.--Subject to subsection (h), the
Secretaries may find that a proposed hazardous fuels reduction project,
including prescribed fire, that removes no more than 250,000 board feet
of merchantable wood products or removes as salvage 1,000,000 board
feet or less of merchantable wood products and assures regeneration of
harvested or salvaged areas will not individually or cumulatively have
a significant effect on the human environment and, therefore, neither
an environmental assessment nor an environmental impact statement is
required.
(b) Public Meeting.--Prior to implementing a project pursuant to
subsection (a), the Secretaries shall conduct a public meeting at an
appropriate location proximate to the administrative unit of the
Federal lands in which the project will be conducted. The Secretaries
shall provide advance notice of the date and time of the meeting.
(c) Collaboration.--
(1) The Secretaries shall identify projects implemented
pursuant to this section through a collaborative framework as
described in the Implementation Plan for the 10-year
Comprehensive Strategy for a Collaborative Approach for
Reducing Wildland Fire Risks to Communities and the
Environment, dated May 2002, developed pursuant to the
Conference Report to the Department of the Interior and Related
Agencies Appropriations Act, FY 2001 (H. Rept. 106-646) to
reduce hazardous fuels. Any project carried out pursuant to
this section shall be consistent with the applicable forest
plan, resource management plan, or other applicable agency
plans.
(2) The Secretaries shall ensure that local level
collaboration includes Tribal representatives, local
representatives from Federal and State agencies, local
governments, landowners, other stakeholders, and community-
based groups.
(3) The Secretaries shall establish incentives or
performance measures to ensure that Federal employees are
committed to collaboration.
(d) Acreage Limitation.--In implementing this section, the
Secretaries shall implement projects on an aggregate area of not more
than 20 million acres of Federal lands. This amount is in addition to
the existing hazardous fuels reduction program that implements projects
on approximately 2.5 million acres each year.
(e) Administrative Appeals.--Projects implemented pursuant to this
section shall not be subject to the appeal requirements of section 322
of the Department of the Interior and Related Agencies Appropriations
Act, 1993 (16 U.S.C. 1612 note) or review by the Department of the
Interior Board of Land Appeals. Nothing in this section affects
projects for which scoping has begun prior to enactment of this Act.
(f) Conclusive Presumption.--Within--
(1) the community protection zone; or
(2) municipal watersheds in which National Environmental
Policy Act documentation and analysis has been completed and no
new road construction is allowed, no timber sales are allowed,
and no log skidding machines are allowed,
unless there are extraordinary circumstances, the decision of either
Secretary that a proposed hazardous fuels reduction project authorized
by subsection (a) is categorically excluded is conclusive as a matter
of law and shall not be subject to judicial review. This conclusive
determination shall apply in any judicial proceeding brought to enforce
the National Environmental Policy Act pursuant to this section.
(g) Excluded Federal Lands.--This section does not apply to any
Federal lands--
(1) included in a wilderness study area or a component of
the National Wilderness Preservation System; or
(2) where logging is prohibited or restricted by an Act of
Congress, presidential proclamation, or agency determination.
(h) Extraordinary Circumstances.--For all projects proposed
pursuant to this section, if there are extraordinary circumstances, the
Secretaries shall follow agency procedures related to categorical
exclusions and extraordinary circumstances consistent with Council on
Environmental Quality regulations.
(i) Reduce Fire Risk and Improve Forest Health.--
(1) In order to ensure that the agencies are implementing
projects pursuant to this section that reduce the risk of
unnaturally intense wildfires and improve forest health, the
Secretaries--
(A) shall not construct or reconstruct new
temporary or permanent roads in inventoried roadless
areas;
(B) shall maintain the integrity of mature and old
growth stands appropriate for each ecosystem type and
shall focus on thinning from below for all forest
thinning projects;
(C) shall use integrated pest management techniques
to forestall significant fuel loading in areas infested
by native insects;
(D) shall require a slash treatment plan when
thinning to reduce hazardous fuels in areas with insect
mortality and limit timber salvage activity to areas
with fifty percent or more mortality; and
(E) shall deposit in the Treasury of the United
States all revenues and receipts generated from
projects implemented pursuant to this Act.
(2) In addition to the requirements set forth in paragraph
(1), the Secretaries shall ensure that projects implemented in
municipal watersheds protect or enhance water quality or water
quantity.
(3) The Secretaries shall not use goods-for-service
contracting to implement projects pursuant to this section.
(j) Long-Term Fuel Management.--In implementing hazardous fuels
reduction projects pursuant to this section, the Secretaries shall
ensure that--
(1) funding to assure completion of all phases of the
project be committed by the management unit before the project
begins;
(2) a follow-up treatment plan describing the long-term
maintenance activities to keep the treated areas within the
historical range of variability, and the project costs, shall
accompany all proposed projects; and
(3) a system to track the budgeting and implementation of
follow-up treatments shall be used to account for the long-term
maintenance of areas managed to reduce hazardous fuels.
(k) Hazardous Fuels Reduction Funding Focus.--In order to focus
hazardous fuels reduction activities on the highest priority areas
where critical issues of human safety and property loss are the most
serious and within municipal watersheds, the Secretaries shall expend
at least seventy percent of the hazardous fuels operations funds
provided annually only on projects within the community protection zone
or within municipal watersheds.
(l) Communities.--
(1) The Secretaries shall expend at least thirty percent of
the hazardous fuels operations funds provided annually on
projects that benefit small businesses that use small diameter
material and woody debris removed in hazardous fuels reduction
treatments and are located in small, economically disadvantaged
communities.
(2) To conduct a project under this section, the
Secretaries shall use local preference contracting and best
value contracting. Best value contracting criteria includes--
(A) the ability of the contractor to meet the
ecological goals of the projects;
(B) the use of equipment that will minimize or
eliminate impacts on soils; and
(C) benefits to local communities such as ensuring
that the byproducts are processed locally.
(m) Monitoring.--
(1) The Secretaries shall jointly establish a commission to
complete an assessment of the positive or negative impacts and
effectiveness of projects implemented under this section. The
commission shall be composed of 12 to 15 members with equal
representation from conservation interests, local communities,
and commodity interests. The Commission shall submit a report
to Congress within 36 months after the date of enactment of
this Act. The report must include identification of the total
dollar value of contracts awarded to natural resource related
small or micro-enterprises, Youth Conservation Corps crews or
related partnerships, entities that hired and trained local
people to complete the contract or agreement, or local entities
that meet the criteria to qualify for the Historically
Underutilized Business Zone Program pursuant to section 32 of
the Small Business Act (15 U.S.C. 657a).
(2)(A) The Secretaries shall establish a multiparty
monitoring, evaluation, and accountability process in order to
assess a representative sampling of the projects implemented
pursuant to this section.
(B) The Secretaries shall ensure that monitoring data is
collected and compiled in a way that the general public can
easily access. The Secretaries may collect the data using
cooperative agreements, grants, or contracts with small or
micro-enterprises, Youth Conservation Corps work crews or
related partnerships with State, local, and other non-Federal
conservation corps.
(3) Funds to implement this section shall be derived from
hazardous fuels operations funds.
(n) Sunset.--The provisions of this section shall expire five years
after the date of enactment of this Act, except that a project for
which a decision notice, or memorandum in the case of a categorical
exclusion, has been issued before the end of such period may continue
to be implemented using the provisions of this Act.
SEC. 4. INSECT INFESTATIONS.
(a) During fiscal years 2004 and 2008, the Secretaries jointly
shall make available from funds otherwise available in the Treasury,
without further appropriation, $25,000,000 each fiscal year to conduct
a systematic information gathering program on certain insect types that
have caused large-scale damage to forest ecosystems in order to
complete research that can be applied to forest management treatment
and product utilization.
(b) The Secretaries shall establish and carry out the program in
cooperation with scientists from universities and forestry schools,
State agencies, and private and industrial land owners. The Secretaries
shall designate universities and forestry schools, including Land Grant
Colleges and Universities and 1890 institutions, to carry out the
program.
(c) The Secretaries shall ensure that the program includes research
on--
(1) determining how to best use mechanical thinning and
prescribed fire to modify fire behavior and reduce fire risk,
and to improve the scientific basis for design, implementation
and evaluation of hazardous fuels reduction treatments;
(2) gathering systematic information on insect types,
including Emerald Ash Borers, Gypsy Moth, Red Oak Borers, Asian
Longhorned Beetles, and Bark Beetles, that have caused large-
scale damage to forest ecosystems, to establish early detection
programs for insect and disease infestation in order to prevent
massive breakouts, to determine the correlation between insect
mortality and fire risk in specific forest types, and to test
silvicultural systems that use integrated pest management; and
(3) developing new technologies and markets for value-added
products that use the byproducts of insect infestation or
hazardous fuels reduction treatments.
SEC. 5. FIREFIGHTER SAFETY AND TRAINING.
The Secretaries shall track funds expended for firefighter safety
and training and including a line item for such expenditures in future
budget requests.
SEC. 6. BORROWING AUTHORITY FOR FIRE SUPPRESSION.
(a) The Secretary of Agriculture may request up to $250 million in
a fiscal year from the Secretary of the Treasury to cover fire
suppression costs that exceed the amount of funding available to the
Forest Service for fire suppression in a fiscal year.
(b) Upon such request, the Secretary of the Treasury shall make
such sums available to the Secretary of Agriculture, without further
appropriation.
(c) Upon amounts being appropriated by Congress to reimburse funds
transferred to the Secretary of Agriculture pursuant to this section,
such amounts shall be deposited in the Treasury.
SEC. 7. PROHIBITION ON THE COMPETITIVE SOURCING INITIATIVE.
The Competitive Sourcing Initiative and the Office of Management
and Budget Circular No. A-76, dated May 29, 2003, shall not apply to
the Forest Service.
SEC. 8. WILDFIRE RISK REDUCTION AND BURNED AREA RESTORATION.
(a) In General.--During fiscal years 2004 through 2008, the
Secretaries jointly shall make available from funds otherwise available
in the Treasury, without further appropriation, $100,000,000 each
fiscal year to reduce the risk of wildfire to structures and restore
burned areas on tribal lands, nonindustrial private lands, and State
lands using the authorities available pursuant to this section, the
National Fire Plan and the Emergency Watershed Protection program.
(b) Cost Share Grants.--In implementing this section, the
Secretaries may make cost-share grants to Indian tribes, local fire
districts, municipalities, homeowner associations, and counties, to
remove, transport, and dispose of hazardous fuels around homes and
property to--
(1) prevent structural damage as a result of wildfire, or
(2) to restore or rehabilitate burned areas on non-Federal
lands.
(c) Non-Federal Contribution.--The non-Federal contribution may be
in the form of cash or in-kind contribution.
(d) Priority.--Priority for such funds shall be given to areas
where the applicable local government has enacted ordinances for
wildland areas requiring or promoting brush clearance around homes and
requiring fire-retardant building materials for new construction.
(e) Availability of Funds.--Amounts appropriated in one fiscal year
and unobligated before the end of that fiscal year shall remain
available for use in subsequent fiscal years. | Collaborative Forest Health Act - Permits the Secretaries of Agriculture and the Interior (the Secretaries) to find that a proposed hazardous fuels reduction project that meets certain criteria shall not require an environmental assessment or an environmental impact statement.
Directs the Secretaries to identify projects implemented under this section through a collaborative framework to reduce hazardous fuels. Sets a limit of 20 million acres for projects implemented under this section (not including the existing hazardous fuels reduction program).
Prohibits, except in extraordinary circumstances, timber sales and log skidding machines in at-risk communities and the nearby vicinities and in certain municipal watersheds.
Excludes the provisions of this Act relating to expedited planning and implementation from applying to certain Federal lands.
Directs the Secretaries to take certain actions to ensure that the agencies are implementing projects pursuant to this Act that reduce the risk of unnaturally intense wildfires and improve forest health.
Directs the Secretaries to expend at least 70 percent of the hazardous fuels operations funds provided annually only on projects in at-risk communities and nearby vicinities or within municipal watersheds.
Directs the Secretaries to jointly: (1) establish a commission to complete an assessment of the positive or negative impacts and effectiveness of projects implemented under this section; (2) earmark funds for the conduct of a systematic information gathering program on certain insect types that have caused large-scale damage to forest ecosystems; and (3) disburse funds to reduce the risk of wildfire to structures and restore burned areas on tribal lands.
Allows the Secretaries to make cost-share grants to various entities for the removal, transport, and disposal of hazardous fuels around homes and properties. | A bill to expedite procedures for hazardous fuels reduction activities on National Forest System lands established from the public domain and other public lands administered by the Bureau of Land Management, to improve the health of National Forest System lands established from the public domain and other public lands administered by the Bureau of Land Management, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``InterLATA Communication Improvements
Act of 1998''.
SEC. 2. STATE INTERSTATE COMMUNICATIONS AUTHORITY.
(a) Division of Authority for Interstate and Intrastate Services.--
Section 271(b)(1) of the Communications Act of 1934 (47 U.S.C. 271(b))
is amended by striking ``if the Commission approves'' and inserting
``if the Commission, with respect to interstate interLATA services, or
the State, with respect to intrastate interLATA services, approves''.
(b) Administrative Provisions.--Section 271(d) of the
Communications Act of 1934 (47 U.S.C. 271(d)) is amended--
(1) in paragraph (1)--
(A) in the heading of paragraph (1), by striking
``to commission'';
(B) by striking ``apply to the Commission for
authorization'' and inserting ``apply to the
Commission, with respect to interstate interLATA
services, or to the State, with respect to intrastate
interLATA services, for authorization''; and
(C) by striking the last sentence and inserting the
following: ``With respect to interstate interLATA
services, the application shall identify the
originating State for which authorization is sought.'';
(2) in the first sentence of paragraph (2)(A), by inserting
`` with respect to interstate interLATA services'' after
``under paragraph (1)'';
(3) in paragraph (2)(B)--
(A) by inserting ``on an application with respect
to interstate interLATA services'' after
``determination under this subsection''; and
(B) by adding at the end the following: ``The
Commission shall affirm the evaluation of the State
concerning such compliance, unless the Commission
determines by clear and convincing evidence that the
State evaluation was clearly erroneous in any material
respect.''; and
(4) by striking paragraphs (3) through (6) and inserting
the following:
``(3) Determination.--
``(A) In general.--Not later than 90 days after
receiving an application under paragraph (1), the
Commission, with respect to interstate interLATA
service, and the State, with respect to intrastate
interLATA service, shall issue a written determination
approving or denying the authorization requested in the
application. The Commission, with respect to interstate
interLATA service, and a State, with respect to
intrastate interLATA service, shall approve the
authorization requested in an application submitted
under paragraph (1) if it finds that--
``(i)(I) with respect to interstate
interLATA service, the Bell operating company's
compliance with subsection (c) has been
verified pursuant to subsection (d)(2)(B); or
``(II) with respect to intrastate interLATA
service, the State has determined that the
company is in compliance with subsection (c);
and
``(ii) the requested authorization is
consistent with the public interest,
convenience, and necessity.
``(B) Rule for determining public interest.--On or
after February 8, 1999, a determination--
``(i) by the Commission, with respect to
interstate interLATA service, that a Bell
operating company is in compliance with
subparagraph (A)(i)(I); or
``(ii) a State, with respect to intrastate
interLATA service, that a Bell operating
company is in compliance with subparagraph
(A)(i)(I);
shall be deemed to be in full satisfaction of the
public interest, convenience, and necessity
requirements of subparagraph (A)(ii) and section 214 of
the Act.
``(C) Statement of basis and written
determination.--The Commission, with respect to
interstate interLATA service, or a State, with respect
to intrastate interLATA service, shall state the basis
for its approval or denial of the application. Each
such approval or denial shall include a written
determination by the Commission or State indicating
whether the Bell operating company has complied with
each item of the competitive checklist and whether such
Bell operating company application has been determined
to be in the public interest, convenience, and
necessity.
``(4) Separate affiliate; safeguards compliance.--The
Commission, with respect to interstate interLATA service, shall
not approve the requested authorization unless it determines
that such requested authorization will be carried out in
accordance with section 272. In its written determination
approving or denying the requested authorization, the
Commission shall indicate whether it has determined the Bell
operating company to be in compliance with section 272.
``(5) Approval.--If a State fails to approve or disapprove
an application within the 90-day period specified in paragraph
(3), such application shall be deemed approved.
``(6) Judicial review.--Not later than 30 days after an
approval pursuant to paragraph (5), any aggrieved party may
bring an action in an appropriate Federal district court. The
court shall enter a judgment either affirming or reversing any
paragraph (5) approval. The court shall affirm such approval
unless such aggrieved party has demonstrated by clear and
convincing evidence that such Bell operating company has not
met the requirements of subsection (c)(2) with respect to the
subject application.
``(7) Limitation on commission and state.--Neither the
Commission nor any State may, by rule or otherwise, limit or
extend the terms used in the competitive checklist set forth in
subsection (c)(2)(B).
``(8) Publication.--Not later than 10 days after issuing a
determination under paragraph (3)--
``(A) the Commission, with respect to interstate
interLATA service, shall publish in the Federal
Register a brief description of its determination; and
``(B) the State, with respect to intrastate
interLATA service, shall make public, in a manner
consistent with applicable State law, its determination
accompanied by a brief description of such
determination.
``(9) Enforcement of conditions.--
``(A) Commission and state authority.--If, at any
time after the approval of an application under
paragraph (3), the Commission, with respect to
interstate interLATA service, or a State, with respect
to intrastate interLATA service, determines that a Bell
operating company has ceased to meet any of the
conditions required for such approval, after notice and
opportunity for a hearing--
``(i) the Commission or State, as the case
may be, may issue an order to such company to
correct the deficiency;
``(ii)(I) the Commission may impose a
penalty on such company pursuant to title V;
``(II) the State may impose any penalty
permitted by State law; or
``(iii) the Commission or State, as the
case may be, may suspend or revoke such
approval.
``(B) Receipt and review of complaints.--The
Commission with respect to interstate interLATA
service, and the State, with respect to intrastate
interLATA service, shall establish procedures for the
review of complaints concerning the failure by a Bell
operating company to meet conditions required for
approval under paragraph (3). Unless the parties
otherwise agree, the Commission shall act on each such
complaint within 90 days.
SEC. 3. PRESENCE OF COMPETITOR.
(a) Simplification of competitor presence test.--Paragraph (1) of
section 271(c) of the Communications Act of 1934 (47 U.S.C. 271(c)(1))
is amended to read as follows:
``(1) Access or statement.--A Bell operating company shall
be deemed to have met the requirements of this paragraph on and
after February 8, 1999. Prior to that date, a Bell operating
company meets the requirements of this paragraph if--
``(A) the Bell operating company is providing
access and interconnection to its network facilities
for the network facilities of one or more unaffiliated
competing providers of telephone exchange service (as
defined in section 3(47)(A), but excluding exchange
access) to residential and business subscribers; or
``(B) a statement of the terms and conditions that
the company generally offers to provide such access and
interconnection has been approved or permitted to take
effect by the State commission under section 252(f).''.
(b) Conforming Amendments.--Section 271(c)(2) is amended--
(1) by striking the heading of subparagraph (A) and
inserting ``Access or statement required''; and
(2) in subparagraph (A)(i)(I), by striking ``pursuant to
one or more agreements'' and inserting ``as''.
SEC. 4. RESALE.
Section 271(b) of the Communications Act of 1934 (47 U.S.C. 271(b))
is amended by adding at the end the following:
``(5) Resale.--On or after February 8, 1999, a Bell
operating company may provide interstate and intrastate
interLATA services originating in any State through the
purchase and resale of telecommunications services obtained
from a person who is not affiliated with such Bell operating
company.''
SEC. 5. INCIDENTAL INTERLATA SERVICES.
(a) Data Communications and International Services.--Section 271(g)
of the Communications Act of 1934 (47 U.S.C. 271(g)) is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(3) by adding at the end thereof the following:
``(7) of data communication; and
``(8) of any international telecommunications or
information service.''.
(b) Definition of Data Services.--Section 271(i) of the
Communications Act of 1934 is amended by adding at the end the
following:
``(4) Data communication.--The term `data communication'
means the transmission of writing, signs, signals, pictures,
and sounds of all kinds by aid of wire, cable, radio, or other
like connection between the points of origin and reception of
such transmission, including the instrumentalities, facilities,
apparatus, and services (among other things, the receipt,
forwarding, and delivery of communications) incidental to such
transmission, except for 2-way voice conversations.''.
(c) Conforming Amendment.--Section 272(a)(2)(B)(i) of the
Communications Act of 1934 (47 U.S.C. 272(a)(2)(B)(i)) is amended by
striking ``(1), (2), (3), (5), and (6)'' and inserting ``(1) through
(8)''.
SEC. 6. REVISION OF COMMISSION REGULATIONS.
The Federal Communications Commission shall revise its regulations
to clarify that Internet traffic carried by local exchange carriers is
interstate in nature for purposes of the reciprocal compensation
provisions of section 251(b)(5) of the Communications Act of 1934 (47
U.S.C. 251(b)(5)). | InterLATA Communication Improvements Act of 1998 - Amends the Communications Act of 1934 (the Act) to authorize a State to approve the application of a Bell operating company (BOC) to provide intrastate interLATA services originating in any of its in-region States. Provides administrative authority for a State to receive, evaluate, and approve or disapprove such an application, requiring the Federal Communications Commission (FCC) to affirm a State's evaluation unless it determines that it was clearly erroneous in a material respect.
Requires the FCC, with respect to interstate interLATA service, or a State, with respect to intrastate interLATA service, to include in its decision a basis for approval or denial, together with a written determination indicating whether the BOC has complied with each competitive requirement and whether the application is in the public interest, convenience, and necessity. Requires separate affiliation for the BOCs involved. Requires a State to approve or disapprove an application within 90 days, subject to judicial review. Prohibits the FCC or a State from limiting or extending the terms used in the competitive checklist for application approval or denial. Requires both the FCC and the State to: (1) publish application determinations; and (2) enforce any conditions required for such approval.
Deems a BOC to have met the requirements for the presence of a competitor on and after February 8, 1999. States that a BOC meets such requirements before such date if: (1) the BOC is providing access and interconnection to its network facilities for the network facilities of one or more unaffiliated competing providers of telephone exchange service; or (2) a statement of the terms and conditions under which the company generally offers to provide such access and interconnection has been approved or permitted to take effect by the appropriate State commission.
Authorizes a BOC, on or after February 8, 1999, to provide interstate and intrastate interLATA services originating in any State through the purchase and resale of telecommunications services obtained from a person who is not affiliated with such BOC.
Includes data communications and international telecommunications or information services within the definition of incidental interLATA services.
Directs the FCC to revise its regulations to clarify that Internet traffic carried by local exchange carriers is interstate in nature for purposes of reciprocal compensation provisions of the Act. | InterLATA Communication Improvements Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Textbook Affordability and
Transparency Act of 2007''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) According to a 2005 report by the Government
Accountability Office (in this section referred to as ``GAO''),
college textbook costs have risen at twice the rate of
inflation.
(2) According to the GAO report, the cost of textbooks can
increase a student's overall college costs from 8 percent at
private institutions to over 72 percent at some public
institutions and community colleges.
(3) According to a report by the Advisory Committee on
Student Financial Assistance, requested by Congress, current
grant and scholarship programs which can barely meet the
challenge of rising tuition costs are not sufficient to
mitigate the costs of college textbooks.
(4) According to the GAO report, publishers have begun to
develop and distribute alternatives to college textbooks in
order to provide less expensive materials, but they have had to
incorporate the development costs into the prices of domestic
textbook sales.
(5) According to the GAO report, there has not been a
sufficient demand for textbook alternatives to offset
publishers' development costs and reduce the overall costs of
college textbooks.
(6) According to the GAO report, publishers have engaged in
agreements with overseas distributors to restrict the re-
importation of overseas textbooks in the United States,
regardless of content similarities, thus restricting students
from purchasing lower-cost textbooks from overseas.
(b) Sense of Congress.--It is the sense of Congress that:
(1) There is not sufficient communication and transparency
between all the stakeholders in the textbook market, leading to
unnecessary frustrations and misunderstandings about the rising
costs of college textbooks.
(2) The textbook market by its nature puts students at a
disadvantage when it comes to affecting the prices of textbooks
because it does not include them in the decision-making process
for ultimate textbook purchases.
(3) Students should be fully informed about the costs of
textbooks before registering for classes in order to be aware
of the full cost of higher education.
(4) Students should have the ability, whenever possible, to
seek out and purchase lower-cost alternatives to textbooks so
as to reduce the cost of higher education.
SEC. 3. PURPOSE AND INTENT.
The purpose of this Act is to ensure that every student in higher
education is offered better and more timely access to affordable course
materials by educating and informing faculty, students, administrators,
institutions of higher education, bookstores, distributors, and
publishers on all aspects of the selection, purchase, sale, and use of
the course materials. It is the intent of this Act--
(1) to have all involved parties work together to identify
ways to decrease the cost of college textbooks and supplemental
materials for students while protecting the academic freedom of
faculty members to select high quality course materials for
students;
(2) that--
(A) textbook publishers and distributors should
work with faculty to understand the cost to students of
purchasing faculty selected textbooks, including the
disclosure of prices and bundling practices;
(B) college bookstores should work with faculty to
review timelines and processes for ordering and
stocking selected textbooks, and disclose textbook
costs to faculty and students in a timely manner;
(C) institutions of higher education should be
encouraged to implement numerous options to address
textbook affordability; and
(D) institutions of higher education should work
with student organizations to help students understand
the factors driving textbook costs and available
methods and resources to mitigate the effects of those
costs.
SEC. 4. DEFINITIONS.
In this Act:
(1) College textbook.--The term ``college textbook'' means
a textbook, or a set of textbooks, used for a course in
postsecondary education at an institution of higher education.
(2) Course schedule.--The term ``course schedule'' means a
listing of the courses or classes offered by an institution of
higher education for an academic period.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(4) Publisher.--The term ``publisher'' means a publisher of
college textbooks or supplemental materials involved in or
affecting interstate commerce.
(5) Supplemental material.--The term ``supplemental
material'' means educational material published or produced to
accompany a college textbook, including printed materials,
computer disks, web site access, and electronically distributed
materials.
SEC. 5. PUBLISHER REQUIREMENTS.
(a) College Textbook Pricing Information.--When a publisher
provides a faculty member of an institution of higher education with
information regarding a college textbook or supplemental material
available, the publisher shall include, with any such information and
in writing, the following:
(1) The price at which the publisher would make the college
textbook or supplemental material available to the bookstore on
the campus of, or otherwise associated with, such institution
of higher education.
(2) The full history of revisions for the college textbook
or supplemental material.
(3) Whether the college textbook or supplemental material
is available in any other format, including paperback and
unbound, and the price at which the publisher would make the
college textbook or supplemental material in the other format
available to the bookstore on the campus of, or otherwise
associated with, such institution of higher education.
(b) Unbundling of Textbooks From Supplemental Materials.--A
publisher that sells a college textbook and any supplemental material
accompanying such college textbook as a single bundled item shall also
make available the college textbook and each supplemental material as
separate and unbundled items, each separately priced.
SEC. 6. PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN COURSE
SCHEDULES.
(a) Internet Course Schedules.--Each institution of higher
education that receives Federal assistance, to the maximum extent
practicable, shall--
(1) disclose the International Standard Book Number of
required and recommended textbooks, related materials and
supplies, including retail price information, for each course
listed in the institution's course schedule used for pre-
registration and registration purposes;
(2) if the International Standard Book Number is not
available for the items listed in paragraph (1), the
institution shall use the author and title; and
(3) if the institution determines that the disclosure of
the information described in the preceding paragraphs for a
course is not practicable, then it should indicate so by
placing the designation ``To Be Determined'' in lieu of the
information required under such paragraphs.
(b) Written Course Schedules.--In the case of an institution of
higher education that receives Federal assistance and that does not
publish the institution's course schedule for the subsequent academic
period on the Internet, the institution of higher education shall
include the information required under subsection (a) in any printed
version of the institution's course schedule as it is available at the
time of the course schedule's printing.
SEC. 7. AVAILABILITY OF INFORMATION FOR COLLEGE TEXTBOOK SELLERS.
An institution of higher education that receives Federal assistance
shall make available, as soon as is practicable, upon the request of
any seller of college textbooks (other than a publisher) that meets the
requirements established by the institution, the most accurate
information available regarding--
(1) the institution's course schedule for the subsequent
academic period; and
(2) for each course or class offered by the institution for
the subsequent academic period--
(A) the information required by section 6(a) for
each college textbook or supplemental material required
or recommended for such course or class;
(B) the number of students enrolled in such course
or class; and
(C) the maximum student enrollment for such course
or class. | College Textbook Affordability and Transparency Act of 2007 - Requires publishers informing teachers at institutions of higher education about available textbooks or supplements to include written information concerning: (1) the price the publisher would charge the bookstore associated with such institution for such items; (2) the full history of revisions for such items; and (3) whether such items are available in other formats, including paperback and unbound, and the price the publisher would charge the bookstore for items in those formats.
Requires a publisher that sells a textbook and any accompanying supplement as a single bundled item also to sell them as separately priced and unbundled items.
Directs federally-assisted institutions of higher education to include on printed or internet course schedules the International Standard Book Number (ISBN) and retail price for each required or recommended textbook or supplement for listed courses. Requires an institution to: (1) use the author and title if the ISBN is unavailable; and (2) indicate that the required information has yet to be determined if its disclosure for a course is impractical.
Requires such institutions to provide sellers of textbooks (other than publishers) that meet their requirements with: (1) their course schedules for the subsequent academic period; (2) the information this Act requires to be placed on each course schedule regarding each textbook or supplement required or recommended for each course; and (3) the number of students enrolled, and the maximum enrollment, in each course. | To ensure that college textbooks and supplemental materials are available and affordable. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Partnerships to
Prevent Opioid Abuse Act''.
SEC. 2. PROGRAM INTEGRITY TRANSPARENCY MEASURES UNDER MEDICARE PARTS C
AND D.
(a) In General.--Section 1859 of the Social Security Act (42 U.S.C.
1395w-28) is amended by adding at the end the following new subsection:
``(i) Program Integrity Transparency Measures.--
``(1) Program integrity portal.--
``(A) In general.--Not later than two years after
the date of the enactment of this subsection, the
Secretary shall, after consultation with stakeholders,
establish a secure Internet website portal (or other
successor technology) that would allow a secure path
for communication between the Secretary, MA plans under
this part, prescription drug plans under part D, and an
eligible entity with a contract under section 1893
(such as a Medicare drug integrity contractor or an
entity responsible for carrying out program integrity
activities under this part and part D) for the purpose
of enabling through such portal (or other successor
technology)--
``(i) the referral by such plans of
substantiated fraud, waste, and abuse for
initiating or assisting investigations
conducted by the eligible entity; and
``(ii) data sharing among such MA plans,
prescription drug plans, and the Secretary.
``(B) Required uses of portal.--The Secretary shall
disseminate the following information to MA plans under
this part and prescription drug plans under part D
through the secure Internet website portal (or other
successor technology) established under subparagraph
(A):
``(i) Providers of services and suppliers
that have been referred pursuant to
subparagraph (A)(i) during the previous 12-
month period.
``(ii) Providers of services and suppliers
who are the subject of an active exclusion
under section 1128 or who are subject to a
suspension of payment under this title pursuant
to section 1862(o) or otherwise.
``(iii) Providers of services and suppliers
who are the subject of an active revocation of
participation under this title, including for
not satisfying conditions of participation.
``(iv) In the case of such a plan that
makes a referral under subparagraph (A)(i)
through the portal (or other successor
technology) with respect to activities of
substantiated fraud, waste, or abuse of a
provider of services or supplier, if such
provider or supplier has been the subject of an
administrative action under this title or title
XI with respect to similar activities, a
notification to such plan of such action so
taken.
``(C) Rulemaking.--For purposes of this paragraph,
the Secretary shall, through rulemaking, specify what
constitutes substantiated fraud, waste, and abuse,
using guidance such as what is provided in the Medicare
Program Integrity Manual 4.7.1.
``(D) HIPAA compliant information only.--For
purposes of this subsection, communications may only
occur if the communications are permitted under the
Federal regulations (concerning the privacy of
individually identifiable health information)
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996.
``(2) Quarterly reports.--Beginning two years after the
date of enactment of this subsection, the Secretary shall make
available to MA plans under this part and prescription drug
plans under part D in a timely manner (but no less frequently
than quarterly) and using information submitted to an entity
described in paragraph (1) through the portal (or other
successor technology) described in such paragraph or pursuant
to section 1893, information on fraud, waste, and abuse schemes
and trends in identifying suspicious activity. Information
included in each such report shall--
``(A) include administrative actions, pertinent
information related to opioid overprescribing, and
other data determined appropriate by the Secretary in
consultation with stakeholders; and
``(B) be anonymized information submitted by plans
without identifying the source of such information.
``(3) Clarification.--Nothing in this subsection shall be
construed as precluding or otherwise affecting referrals
described in subparagraph (A) that may otherwise be made to law
enforcement entities or to the Secretary.''.
(b) Contract Requirement To Communicate Plan Corrective Actions
Against Opioids Over-prescribers.--Section 1857(e)(4)(C) of the Social
Security Act (42 U.S.C. 1395w-27(e)(4)(C)) is amended by adding at the
end the following new paragraph:
``(5) Communicating plan corrective actions against opioids
over-prescribers.--
``(A) In general.--Beginning with plan years
beginning on or after January 1, 2021, a contract under
this section with an MA organization shall require the
organization to submit to the Secretary, through the
process established under subparagraph (B), information
on the investigations and other actions taken by such
plans related to providers of services who prescribe a
high volume of opioids.
``(B) Process.--Not later than January 1, 2021, the
Secretary shall, in consultation with stakeholders,
establish a process under which MA plans and
prescription drug plans shall submit to the Secretary
information described in subparagraph (A).
``(C) Regulations.--For purposes of this paragraph,
including as applied under section 1860D-12(b)(3)(D),
the Secretary shall, pursuant to rulemaking--
``(i) specify a definition for the term
`high volume of opioids' and a method for
determining if a provider of services
prescribes such a high volume; and
``(ii) establish the process described in
subparagraph (B) and the types of information
that shall be submitted through such
process.''.
(c) Reference Under Part D to Program Integrity Transparency
Measures.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-
104) is amended by adding at the end the following new subsection:
``(m) Program Integrity Transparency Measures.--For program
integrity transparency measures applied with respect to prescription
drug plan and MA plans, see section 1859(i).''. | Strengthening Partnerships to Prevent Opioid Abuse Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a secure online portal to allow: (1) data sharing among the CMS, Medicare prescription drug benefit plans, and Medicare Advantage (MA) plans; and (2) referrals by such plans of substantiated fraud, waste, or abuse in order to initiate or assist investigations by contracted entities under the Medicare Integrity Program. The CMS must disseminate and report certain collected information to such plans, including information regarding providers that were referred through the portal and trends in identifying suspicious activity. Additionally, for plan years beginning on or after January 1, 2021, MA organizations must submit information to the CMS regarding investigations or other actions taken by MA plans against providers that prescribe high volumes of opioids (as determined by the CMS). | Strengthening Partnerships to Prevent Opioid Abuse Act |
SECTION 1. PERCENTAGE LIMITATIONS ON CONTRIBUTIONS.
(a) Amendments Relating to FERS.--
(1) In general.--Subsection (a) of section 8432 of such
title is amended by striking ``10 percent of''.
(2) Justices and judges.--Subsection (b) of section 8440a
of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (7) as paragraphs (2) through
(6), respectively; and
(B) in paragraph (6) (as so redesignated by
subparagraph (A)) by striking ``paragraphs (4) and
(5)'' and inserting ``paragraphs (3) and (4)''.
(3) Bankruptcy judges and magistrates.--Subsection (b) of
section 8440b of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A), (B),
or (C)'' and inserting ``paragraph (3)(A), (B), or
(C)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(4) Court of federal claims judges.--Subsection (b) of
section 8440c of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A) or
(B)'' and inserting ``paragraph (3)(A) or (B)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(5) Judges of the united states court of veterans
appeals.--Paragraph (2) of section 8440d(b) of such title is
amended to read as follows:
``(2) For purposes of contributions made to the Thrift Savings
Fund, basic pay does not include any retired pay paid pursuant to
section 7296 of title 38.''.
(b) Amendments Relating to CSRS.--Paragraph (2) of section 8351(b)
of title 5, United States Code, is amended by striking ``5 percent
of''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Coordination with election periods.--The Executive
Director shall by regulation determine the first election
period in which elections may be made consistent with the
amendments made by this section.
(3) Definitions.--For purposes of this section--
(A) the term ``election period'' means a period
afforded under section 8432(b) of title 5, United
States Code; and
(B) the term ``Executive Director'' has the meaning
given such term by section 8401(13) of title 5, United
States Code.
SEC. 2. ELIGIBLE ROLLOVER DISTRIBUTIONS.
Section 8432 of title 5, United States Code, is amended by adding
at the end the following:
``(j)(1) For the purpose of this subsection--
``(A) the term `eligible rollover distribution' has the
meaning given such term by section 402(c)(4) of the Internal
Revenue Code of 1986; and
``(B) the term `qualified trust' has the meaning given such
term by section 402(c)(8) of the Internal Revenue Code of 1986.
``(2) An employee or Member may contribute to the Thrift Savings
Fund an eligible rollover distribution from a qualified trust. A
contribution made under this subsection shall be made in the form
described in section 401(a)(31) of the Internal Revenue Code of 1986.
In the case of an eligible rollover distribution, the maximum amount
transferred to the Thrift Savings Fund shall not exceed the amount
which would otherwise have been included in the employee's or Member's
gross income for Federal income tax purposes.
``(3) The Executive Director shall prescribe regulations to carry
out this subsection.''.
SEC. 3. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN.
(a) Elimination of Certain Waiting Periods for Purposes of Employee
Contributions.--Paragraph (4) of section 8432(b) of title 5, United
States Code, is amended to read as follows:
``(4) The Executive Director shall prescribe such regulations as
may be necessary to carry out the following:
``(A) Notwithstanding subparagraph (A) of paragraph (2), an
employee or Member described in such subparagraph shall be
afforded a reasonable opportunity to first make an election
under this subsection beginning on the date of commencing
service or, if that is not administratively feasible, beginning
on the earliest date thereafter that such an election becomes
administratively feasible, as determined by the Executive
Director.
``(B) An employee or Member described in subparagraph (B)
of paragraph (2) shall be afforded a reasonable opportunity to
first make an election under this subsection (based on the
appointment or election described in such subparagraph)
beginning on the date of commencing service pursuant to such
appointment or election or, if that is not administratively
feasible, beginning on the earliest date thereafter that such
an election becomes administratively feasible, as determined by
the Executive Director.
``(C) Notwithstanding the preceding provisions of this
paragraph, contributions under paragraphs (1) and (2) of
subsection (c) shall not be payable with respect to any pay
period before the earliest pay period for which such
contributions would otherwise be allowable under this
subsection if this paragraph had not been enacted.
``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2),
8440c(a)(2), and 8440d(a)(2) shall be applied in a manner
consistent with the purposes of subparagraphs (A) and (B), to
the extent those subparagraphs can be applied with respect
thereto.
``(E) Nothing in this paragraph shall affect paragraph
(3).''.
(b) Technical and Conforming Amendments.--(1) Section 8432(a) of
title 5, United States Code, is amended--
(A) in the first sentence by striking ``(b)(1)'' and
inserting ``(b)''; and
(B) by amending the second sentence to read as follows:
``Contributions under this subsection pursuant to such an
election shall, with respect to each pay period for which such
election remains in effect, be made in accordance with a
program of regular contributions provided in regulations
prescribed by the Executive Director.''.
(2) Section 8432(b)(1)(B) of such title is amended by inserting
``(or any election allowable by virtue of paragraph (4))'' after
``subparagraph (A)''.
(3) Section 8432(b)(3) of such title is amended by striking
``Notwithstanding paragraph (2)(A), an'' and inserting ``An''.
(4) Section 8432(i)(1)(B)(ii) of such title is amended by striking
``either elected to terminate individual contributions to the Thrift
Savings Fund within 2 months before commencing military service or''.
(5) Section 8439(a)(1) of such title is amended by inserting ``who
makes contributions or'' after ``for each individual'' and by striking
``section 8432(c)(1)'' and inserting ``section 8432''.
(6) Section 8439(c)(2) of such title is amended by adding at the
end the following: ``Nothing in this paragraph shall be considered to
limit the dissemination of information only to the times required under
the preceding sentence.''.
(7) Sections 8440a(a)(2) and 8440d(a)(2) of such title are amended
by striking all after ``subject to'' and inserting ``this chapter.''.
(c) Effective Date.--This section shall take effect 6 months after
the date of the enactment of this Act or such earlier date as the
Executive Director (within the meaning of section 8401(13) of title 5,
United States Code) may by regulation prescribe. | Amends Federal civil service law with respect to the Civil Service Retirement System, the Federal Employees' Retirement System (FERS), and the Thrift Savings Plan (TSP) Program to: (1) repeal the limitations on individual TSP contributions, including those from judges and other specified personnel of the Federal judicial branch; (2) allow an employee or member under FERS to contribute to the Thrift Savings Fund an eligible rollover distribution from a qualified trust; and (3) eliminate certain waiting periods for purposes of making contributions to the Thrift Savings Fund. | To amend title 5, United States Code, to make the percentage limitations on individual contributions to the Thrift Savings Plan more consistent with the dollar amount limitation on elective deferrals, and for other purposes. |
SECTION 1. AUTHORIZATION OF FUNDS FOR CONSERVATION OF MIGRATORY
WATERFOWL AND HABITAT.
The first section of Public Law 87-383 (16 U.S.C. 715k-3),
popularly known as the Wetlands Loan Act, is amended--
(1) by striking ``for the period'' and all that follows
through the end of the sentence and inserting ``$400,000,000
for fiscal years 2007 through 2016.''; and
(2) by adding at the end the following: ``Funds
appropriated pursuant to this Act shall be treated as an
advance, without interest, to the migratory bird conservation
fund. Such appropriated funds, beginning on July 1, 2007, shall
be repaid to the Treasury out of the migratory bird
conservation fund. Such repayment shall be made in annual
amounts comprising the moneys accruing annually to such fund
that are attributable to the portion of the price of migratory
bird hunting stamps sold that year that is in excess of $15 per
stamp.''.
SEC. 2. SALES OF DUCK STAMPS; PRICE.
(a) Sales of Stamps.--Sections 2(a) of the Act of March 16, 1934
(chapter 71; 16 U.S.C. 718b(a)), popularly known as the Duck Stamp Act,
is amended--
(1) in the first sentence--
(A) by striking ``issued and sold by the Postal
Service, and may be sold by the Department of the
Interior'' and inserting ``sold by the Postal Service,
the Secretary of the Interior, and any other person
authorized by the Secretary of the Interior'';
(B) by striking ``each post office of the first-
and second-class'' and inserting ``any post office'';
and
(C) by striking ``as the Postal Service and the
Secretary of the Interior'' and inserting ``the Postal
Service, the Secretary of the Interior, or a person so
authorized'';
(2) in the third sentence by striking ``by the Postal
Service'' and all that follows through the end of the sentence
and inserting ``by the person selling the stamp the applicable
price under subsection (b)'';
(3) in the fifth sentence by inserting ``hunting'' before
``year'';
(4) in the sixth sentence--
(A) by striking ``Postal Service'' and inserting
``Secretary of the Interior'';
(B) by striking ``prescribed by it'' and inserting
``prescribed by the Secretary'';
(C) by striking ``of blocks composed of two or more
attached''; and
(D) by inserting ``authorized by the Secretary of
the Interior to sell stamps on consignment''; and
(5) by adding at the end the following: ``The Postal
Service shall not sell stamps to any individual on consignment,
and shall not redeem stamps sold on consignment by the
Secretary of the Interior or a person authorized by the
Secretary of the Interior to sell stamps on consignment.''.
(b) Price of Stamp.--
(1) Amendment.--Section 2(b) of such Act is amended to read
as follows:
``(b) A person authorized to sell stamps under this section shall
collect, for each stamp sold--
``(1) $25 for a stamp for any of hunting years 2007 through
2014; and
``(2) $35 for a stamp for each hunting year after hunting
year 2014.''.
(2) Limitation on application.--This subsection shall not
affect the application of section 2 of such Act before July 1,
2007.
(c) Disposition of Unsold Stamps.--Section 3(a) of the Act of July
30, 1956 (chapter 782; 16 U.S.C. 718b-1(a)) is amended--
(1) by inserting ``and conservation'' after ``migratory-
bird hunting'' each place it appears;
(2) by inserting ``or the Secretary of the Interior'' after
``Postal Service'' the first place it appears;
(3) by striking ``Philatelic Agency'' and inserting
``Postal Service and the Secretary of the Interior, or a person
authorized by the Secretary,''; and
(4) by inserting ``and the Secretary of the Interior''
after ``Postal Service'' the second place it appears.
SEC. 3. DISPLAY OF STAMP.
The first section of the Act of March 16, 1934 (chapter 71; 16
U.S.C. 718a), popularly known as the Duck Stamp Act, is amended by
adding at the end the following: ``Nothing in this Act shall be
construed to require a person to affix a stamp sold under this Act to
any other license as a condition of engaging in hunting under the
authority of the stamp.''.
SEC. 4. TECHNICAL CORRECTION.
Section 4 of the Act of March 16, 1934 (chapter 71; 16 U.S.C.
718d), popularly known as the Duck Stamp Act, is amended by striking
``personal'' and inserting ``personnel''.
SEC. 5. SENSE OF CONGRESS REGARDING THE EXPENDITURES OF FUNDS.
It is the sense of Congress that--
(1) the funds provided pursuant to the amendments made by
this Act--
(A) should be used for preserving and increasing
waterfowl populations in accordance with the goals and
objectives of the North American Waterfowl Management
Plan; and
(B) to that end, should be used to supplement and
not replace current conservation funding, including
funding for other Federal and State habitat
conservation programs; and
(2) this Act should be implemented in a manner that helps
private landowners achieve their long-term land use objectives
in ways that enhance the conservation of wetlands and wildlife
habitat. | Amends the Wetland Loan Act to extend funding for conservation of migratory waterfowl and habitat.
Amends the Duck Stamp Act (the Act) to increase the price of federal migratory-bird hunting and conservation stamps, and to revise procedures for disposing of unsold stamps.
Provides that nothing in the Act shall be construed to require a person to affix a stamp sold under such Act to any other license as a condition of engaging in hunting under the authority of the stamp.
Expresses the sense of Congress that the funds provided pursuant to this Act should be used for preserving and increasing waterfowl populations in accordance with the goals and objectives of the North American Waterfowl Management Plan, and to that end, should be used to supplement and not replace current conservation funding, including funding for other federal and state habitat conservation programs.
States the sense of Congress that this Act should be implemented in a manner that helps private landowners achieve their long-term land use objectives in ways that enhance the conservation of wetlands and wildlife habitat. | To amend the Acts popularly known as the Duck Stamp Act and the Wetland Loan Act to reauthorize appropriations to promote the conservation of migratory waterfowl and to offset or prevent the serious loss of important wetlands and other waterfowl habitat essential to the preservation of such waterfowl, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cooperative Production
Amendments of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) technological innovation and its profitable
commercialization are critical components of the ability of the
United States to raise the living standards of Americans and to
compete in world markets;
(2) cooperative arrangements among nonaffiliated businesses in
the private sector are often essential for successful technological
innovation; and
(3) the antitrust laws may have been mistakenly perceived to
inhibit procompetitive cooperative innovation arrangements, and so
clarification serves a useful purpose in helping to promote such
arrangements.
(b) Purpose.--It is the purpose of this Act to promote innovation,
facilitate trade, and strengthen the competitiveness of the United
States in world markets by clarifying the applicability of the rule of
reason standard and establishing a procedure under which businesses may
notify the Department of Justice and Federal Trade Commission of their
cooperative ventures and thereby qualify for a single-damages limitation
on civil antitrust liability.
SEC. 3. AMENDMENTS.
(a) Short Title.--Section 1 of the National Cooperative Research Act
of 1984 (15 U.S.C. 4301 note) is amended by striking ``National
Cooperative Research Act of 1984'' and inserting ``National Cooperative
Research and Production Act of 1993''.
(b) Definition.--Section 2(a)(6) of the National Cooperative
Research Act of 1984 (15 U.S.C. 4301(a)(6)) is amended--
(1) in the matter preceding subparagraph (A) by striking
``research and development'';
(2) in subparagraph (D) by inserting ``or production'' after
``research'';
(3) in subparagraph (E) by striking ``and (D)'' and inserting
``(D), (E), and (F)'';
(4) by redesignating subparagraphs (D) and (E) as subparagraphs
(F) and (G), respectively;
(5) by inserting after subparagraph (C) the following:
``(D) the production of a product, process, or service,
``(E) the testing in connection with the production of a
product, process, or service by such venture,''; and
(6) by striking ``research'' the last place it appears and
inserting ``such venture''.
(c) Exclusions.--Section 2(b) of the National Cooperative Research
Act of 1984 (15 U.S.C. 4301(b)) is amended--
(1) in the matter preceding paragraph (1) by striking ``research
and development'';
(2) in paragraph (1) by striking ``that is not reasonably
required to conduct the research and development that is'' and
inserting ``if such information is not reasonably required to carry
out'';
(3) by amending paragraph (2) to read as follows:
``(2) entering into any agreement or engaging in any other
conduct restricting, requiring, or otherwise involving the
marketing, distribution, or provision by any person who is a party
to such venture of any product, process, or service, other than--
``(A) the distribution among the parties to such venture, in
accordance with such venture, of a product, process, or service
produced by such venture,
``(B) the marketing of proprietary information, such as
patents and trade secrets, developed through such venture formed
under a written agreement entered into before the date of the
enactment of the National Cooperative Production Amendments of
1993, or
``(C) the licensing, conveying, or transferring of
intellectual property, such as patents and trade secrets,
developed through such venture formed under a written agreement
entered into on or after the date of the enactment of the
National Cooperative Production Amendments of 1993,'';
(4) in paragraph (3)--
(A) in subparagraph (A) by striking ``or developments not
developed through'' and inserting ``, developments, products,
processes, or services not developed through, or produced by,'';
(B) in subparagraph (B) by striking ``such party'' and
inserting ``any person who is a party to such venture''; and
(C) by striking the period at the end and inserting a comma;
and
(5) by adding at the end the following:
``(4) entering into any agreement or engaging in any other
conduct allocating a market with a competitor,
``(5) exchanging information among competitors relating to
production (other than production by such venture) of a product,
process, or service if such information is not reasonably required
to carry out the purpose of such venture,
``(6) entering into any agreement or engaging in any other
conduct restricting, requiring, or otherwise involving the
production (other than the production by such venture) of a product,
process, or service,
``(7) using existing facilities for the production of a product,
process, or service by such venture unless such use involves the
production of a new product or technology, and
``(8) except as provided in paragraphs (2), (3), and (6),
entering into any agreement or engaging in any other conduct to
restrict or require participation by any person who is a party to
such venture, in any unilateral or joint activity that is not
reasonably required to carry out the purpose of such venture.''.
(d) Rule of Reason Standard.--Section 3 of the National Cooperative
Research Act of 1984 (15 U.S.C. 4302) is amended--
(1) by striking ``research and development'' the first place it
appears;
(2) by striking ``and development'' the last place it appears
and inserting ``, development, product, process, and service''; and
(3) by adding at the end the following:
``For the purpose of determining a properly defined, relevant market,
worldwide capacity shall be considered to the extent that it may be
appropriate in the circumstances.''.
(e) Technical and Conforming Amendments.--The National Cooperative
Research Act of 1984 (15 U.S.C. 4301 et seq.) is amended--
(1) in section 4--
(A) in subsections (a)(1), (b)(1), (c)(1), and (e) by
striking ``research and development'' each place it appears;
(B) in subsections (a), (b), and (c) by inserting ``of this
section'' after ``subsection (d)'' each place it appears; and
(C) in subsection (e) by striking ``the effective date of
this Act'' and inserting ``October 11, 1984,''; and
(2) in section 5(a) in the matter preceding paragraph (1) by
striking ``research and development''.
(f) Disclosure.--Section 6 of the National Cooperative Research Act
of 1984 (15 U.S.C. 4305) is amended--
(1) in the heading by striking ``research and development'';
(2) in subsection (a)--
(A) by striking ``the date of the enactment of this Act''
and inserting ``October 11, 1984'';
(B) in paragraph (1) by striking ``and'' at the end;
(C) in paragraph (2) by striking the period at the end and
inserting ``, and''; and
(D) by inserting the following after paragraph (2):
``(3) if a purpose of such venture is the production of a
product, process, or service, as referred to in section 2(a)(6)(D),
the identity and nationality of any person who is a party to such
venture, or who controls any party to such venture whether
separately or with one or more other persons acting as a group for
the purpose of controlling such party.''; and
(3) in subsections (a), (d)(2), and (e) by striking ``research
and development'' each place it appears.
(g) Limitation.--The National Cooperative Research Act of 1984 (15
U.S.C. 4301 et seq.) is amended by adding at the end the following:
``Application of Section 4 Protections to Production of Products,
Processes, and Services
``Sec. 7. Notwithstanding sections 4 and 6, the protections of
section 4 shall not apply with respect to a joint venture's production
of a product, process, or service, as referred to in section 2(a)(6)(D),
unless--
``(1) the principal facilities for such production are located
in the United States or its territories, and
``(2) each person who controls any party to such venture
(including such party itself) is a United States person, or a
foreign person from a country whose law accords antitrust treatment
no less favorable to United States persons than to such country's
domestic persons with respect to participation in joint ventures for
production.''.
SEC. 4. REPORTS ON JOINT VENTURES AND UNITED STATES COMPETITIVENESS.
(a) Purpose.--The purpose of the reports required by this section is
to inform Congress and the American people of the effect of the National
Cooperative Research and Production Act of 1993 on the competitiveness
of the United States in key technological areas of research,
development, and production.
(b) Annual Report by the Attorney General.--In the 30-day period
beginning at each 1-year interval in the 6-year period beginning on the
date of the enactment of this Act, the Attorney General shall submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate--
(1) a list of joint ventures for which notice was filed under
section 6(a) of the National Cooperative Research and Production Act
of 1993 during the 12-month period for which such report is made,
including--
(A) the purpose of each joint venture;
(B) the identity of each party described in section 6(a)(1)
of such Act; and
(C) the identity and nationality of each person described in
section 6(a)(3) of such Act; and
(2) a list of cases and proceedings, if any, brought during such
period under the antitrust laws by the Department of Justice, and by
the Federal Trade Commission, with respect to joint ventures for
which notice was filed under such section at any time.
(c) Triennial Report by the Attorney General.--In the 30-day period
beginning at each 3-year interval in the 6-year period beginning on the
date of the enactment of this Act, the Attorney General, after
consultation with such other agencies as the Attorney General considers
to be appropriate, shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a description of the technological areas most commonly pursued by
joint ventures for production for which notice was filed under section
6(a) of the National Cooperative Research and Production Act of 1993
during the 3-year period for which such report is made, and an analysis
of the trends in the competitiveness of United States industry in such
areas.
(d) Review of Antitrust Treatment Under Foreign Laws.--In the three
30-day periods beginning 1 year, 3 years, and 6 years after the date of
the enactment of this Act, the Attorney General, after consultation with
such other agencies as the Attorney General considers to be appropriate,
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report on the antitrust treatment of United States businesses with
respect to participation in joint ventures for production, under the law
of each foreign nation any of whose domestic businesses disclosed its
nationality under section 6(a)(3) of the National Cooperative Research
and Production Act of 1993 at any time.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Cooperative Production Amendments of 1993 - Amends the National Cooperative Research Act of 1984 to apply such Act to joint ventures for the production of a product, process, or service and the testing in connection with such production.
Revises the Act to exclude from the definition of "joint venture" activities where two or more persons enter into an agreement or engage in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such venture of any product, process, or service other than: (1) the distribution among the parties to such venture of a product, process, or service produced by the venture; (2) the marketing of proprietary information developed through the venture formed under a written agreement entered into before the date of this Act's enactment; or (3) the licensing, conveying, or transferring of intellectual property developed through such venture formed under a written agreement entered into on or after such date.
Excludes from such definition the following activities: (1) entering into any agreement or engaging in any other conduct allocating a market with a competitor; (2) exchanging among competitors information relating to production (other than production by such venture) of a product, process, or service if such information is not reasonably required to carry out the purpose of such venture; (3) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production of a product, process, or service (other than the production by such venture); (4) using existing facilities for the production of a product, process, or service by such venture unless such use involves the production of a new product or technology; and (5) entering into any agreement or engaging in any other conduct to restrict or require participation by any party to such venture in any unilateral or joint activity that is not reasonably required to carry out the purpose of such venture, with exceptions.
Modifies the "rule of reason" standard to provide that, in any action under Federal antitrust law or similar State law, the conduct of any person in making or performing a contract to carry out a joint venture shall not be deemed illegal per se, but shall be judged based on its reasonableness, taking into account all relevant factors affecting competition, including effects on competition in properly defined, relevant research, development, product, process, and service markets.
Specifies that: (1) for the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered if appropriate in the circumstances; and (2) if a purpose of a joint venture is the production of a product, process, or service, a party to such venture may file a written notification of the identity and nationality of any party to such venture or of the controlling entity.
Makes protections of the Act inapplicable with respect to a joint venture's production of a product, process, or service, unless: (1) the principal facilities for such production are located in the United States or its territories; and (2) each person who controls any party to such venture (including such party itself) is a U.S. person or a foreign person from a country whose law accords antitrust treatment no less favorable to U.S. persons than to such country's domestic persons with respect to participation in joint ventures for production.
Sets forth reporting requirements regarding joint ventures and U.S. competitiveness. | National Cooperative Production Amendments of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Energy Fair Pricing
Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Organization of Petroleum Exporting Countries
(OPEC), in its capacity as an oil cartel, has been a critical
factor in withholding production from the market and driving up
oil prices approximately 300 percent from January 1999 to June
2000.
(2) Nationwide, gasoline prices have increased
approximately 60 cents a gallon since the beginning of 1999
with crude oil prices increasing 48 cents over this same time
period.
(3) The Department of Energy's weekly survey showed the
average cost of gasoline in the United States increased 5 cents
a gallon to $1.68 from the second to the third week of June
2000, a record high for a fourth week in a row.
(4) Price declines in the cost of oil in April 2000,
following the March 2000 OPEC meetings, have been reversed
because OPEC output did not meet global demand and supply
conditions. When OPEC members met in March 2000, quotas were
not set high enough for refiners around the world to rebuild
crude stocks depleted by winter heating demand.
(5) Crude oil stocks in the United States are only
31,000,000 barrels above the lowest operational inventories
ever observed in recent times (the equivalent of 2 days of
refinery operations) and 20,000,000 barrels under the normal
range for the month of June.
(6) The United States needs to make a systematic review of
its bilateral and multilateral policies and those of all
international organizations and international financial
institutions to ensure that these policies are not directly or
indirectly supporting the oil price fixing activities,
policies, and programs of OPEC.
SEC. 3. POLICY OF THE UNITED STATES.
(a) Policy With Respect to International Organizations.--It shall
be the policy of the United States that the extent to which each
international organization supports, or otherwise recognizes, OPEC will
be an important determinant in the relationship between the United
States and this organization.
(b) Policy With Respect to International Financial Institutions.--
It shall be the policy of the United States that the extent to which
each international financial institution supports or otherwise
recognizes OPEC, will be an important determinant in the relationship
between the United States and the institution.
(c) Policy With Respect to the Energy and Development Activities.--
The United States should carefully review all the energy development
projects and programs administered by the United States Agency for
International Development in developing countries to ensure that these
projects and programs do not indirectly or inadvertently support the
activities of OPEC.
SEC. 4. POLICY TOWARD THE INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Report to the Congress on Activities of the International
Financial Institutions.--No later than 90 days after the date of the
enactment of this Act, the President shall transmit to the Congress a
report that contains the following:
(1) A description of any loan, guarantee, or technical
assistance provided or to be provided by any international
financial institution that does or would directly or indirectly
support any activity or program of OPEC or any other cartel, or
any member of OPEC or any other cartel, engaging in production
cutbacks or other market-distorting practices.
(2) A description of the energy sector loans of, technical
assistance provided by, and policies of each international
financial institution, and an analysis of the extent to which
the loans, assistance, or policies promote the complete dismantlement
of international oil price fixing arrangements and the development of a
market-based system for the exploration, production, and marketing of
petroleum resources.
(b) United States Position in International Financial
Institutions.--The United States Executive Directors at each
international financial institution shall use the voice, vote, and
influence of the United States to oppose the provision of any loan,
guarantee, or technical assistance by the institution that would
directly or indirectly support the activities and programs of OPEC or
any other cartel, or any member of OPEC or any other cartel, engaging
in production cutbacks or other market-distorting practices.
SEC. 5. REPORT RELATING TO THE ORGANIZATION FOR ECONOMIC COOPERATION
AND DEVELOPMENT (OECD).
Not later than 90 days after the date of the enactment of this Act,
the President shall prepare and transmit to Congress a report that--
(1) describes the efforts of the Organization for Economic
Cooperation and Development (OECD) to review the market-
distorting practices of international cartels, including OPEC,
and recommends specific actions that the member countries of
the OECD can undertake to combat such practices; and
(2) describes actions to be taken by the United States to
ensure that the OECD expands upon its activities and programs
regarding the operation of international cartels.
SEC. 6. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.
Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d)
is amended by adding at the end the following:
``(g)(1) In carrying out the activities under this chapter, the
President shall--
``(A) ensure that amounts made available to carry out this
chapter are not used to support, directly or indirectly, the
programs, activities, and policies of the Organization of
Petroleum Exporting Countries (OPEC), or any other cartel, or
any member of OPEC or any other cartel, if OPEC or such other
cartel engages in oil price fixing; and
``(B) certify annually to the appropriate congressional
committees that the requirement of subparagraph (A) has been
met for the prior fiscal year.
``(2) In this subsection--
``(A) the term `appropriate congressional committees'
means--
``(i) the Committee on International Relations and
the Committee on Banking and Financial Services of the
House of Representatives; and
``(ii) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
``(B) the term `oil price fixing' has the meaning given
such term in section 7(2) of the International Energy Fair
Pricing Act of 2000.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) International financial institution.--The term
``international financial institution'' has the meaning given
in section 1701(c)(2) of the International Financial
Institutions Act.
(2) Oil price fixing.--The term ``oil price fixing'' means
participation in any agreement, arrangement, or understanding
with other counties that are oil exporters to increase the
price of oil or natural gas by means of, inter alia, limiting
oil or gas production or establishing minimum prices for oil or
gas.
(3) OPEC.--The term ``OPEC'' means the Organization of
Petroleum Exporting Countries.
(4) Petroleum resources.--The term ``petroleum resources''
includes petroleum and natural gas resources. | Directs the President to report to Congress with respect to: (1) any loan, guarantee, or technical assistance provided by any international financial institution that directly or indirectly supports any OPEC program or country, or any other cartel, engaging in production cutbacks or other market-distorting practices; (2) energy sector loans of, technical assistance provided by, and policies of each international financial institution, including an analysis of the extent to which they promote the complete dismantlement of international oil price fixing arrangements and the development of a market-based system for the exploration, production, and marketing of petroleum resources; (3) Organization for Economic Cooperation and Development (OECD) efforts to review market-distorting practices of international cartels, including OPEC, and specific actions that OECD member countries can undertake to combat such practices; and (4) U.S. actions to ensure that the OECD expands upon its activities and programs regarding the operation of international cartels.
Amends the Foreign Assistance Act of 1961 to direct the President, in providing assistance for the development of indigenous energy resources in developing non-OPEC countries, to ensure that such assistance is not used to support, directly or indirectly, OPEC programs or countries, or any other cartel, if OPEC or such cartel engages in oil price fixing. | International Energy Fair Pricing Act of 2000 |
SECTION 1. DEDUCTION FOR TWO-EARNER MARRIED COUPLES.
(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 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. DEDUCTION FOR MARRIED COUPLES TO ELIMINATE THE MARRIAGE
PENALTY.
``(a) In General.--In the case of a joint return under section 6013
for the taxable year, there shall be allowed as a deduction an amount
equal to the applicable percentage of the qualified earned income of
the spouse with the lower qualified earned income for the taxable year.
``(b) Applicable Percentage.--For purposes of this section
``(1) In general.--The term `applicable percentage' means
20 percent, reduced by 2 percentage points for each $1,000 (or
fraction thereof) by which the taxpayer's modified adjusted
gross income for the taxable year exceeds $50,000.
``(2) Transition rule for 1999 and 2000.--In the case of
taxable years beginning in 1999 and 2000, paragraph (1) shall
be applied by substituting `10 percent' for `20 percent' and `1
percentage point' for `2 percentage points'.
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income determined--
``(A) after application of sections 86, 219, and
469, and
``(B) without regard to sections 135, 137, and 911
or the deduction allowable under this section.
``(4) Cost-of-living adjustment.--In the case of any
taxable year beginning in a calendar year after 2002, the
$50,000 amount under paragraph (1) shall be increased by an
amount equal to such dollar amount multiplied by the cost-of-
living adjustment determined under section 1(f)(3) for the
calendar year in which the taxable year begins, except that
subparagraph (B) thereof shall be applied by substituting
`calendar year 2002' for `calendar year 1992'. If any amount as
adjusted under this paragraph is not a multiple of $2,000, such
amount shall be rounded to the next lowest multiple of $2,000.
``(c) Qualified Earned Income Defined.--
``(1) In general.--For purposes of this section, the term
`qualified earned income' means an amount equal to the excess
of--
``(A) the earned income of the spouse for the
taxable year, over
``(B) an amount equal to the sum of the deductions
described in paragraphs (1), (2), (7), and (15) of
section 62 to the extent such deductions are properly
allocable to or chargeable against earned income described in
subparagraph (A).
The amount of qualified earned income shall be determined
without regard to any community property laws.''
``(2) Earned income.--For purposes of paragraph (1), the
term `earned income' means income which is earned income within
the meaning of section 911(d)(2) or 401(c)(2)(C), except that--
``(A) such term shall not include any amount--
``(i) not includible in gross income,
``(ii) received as a pension or annuity,
``(iii) paid or distributed out of an
individual retirement plan (within the meaning
of section 7701(a)(37)),
``(iv) received as deferred compensation,
or
``(v) received for services performed by an
individual in the employ of his spouse (within
the meaning of section 3121(b)(3)(A)), and
``(B) section 911(d)(2)(B) shall be applied without
regard to the phrase `not in excess of 30 percent of
his share of net profits of such trade or business'.''
(b) Deduction To Be Above-the-Line.--Section 62(a) of the Internal
Revenue Code of 1986 (defining adjusted gross income) is amended by
adding after paragraph (17) the following new paragraph:
``(18) Deduction for two-earner married couples.--The
deduction allowed by section 222.''
(c) Earned Income Credit Phaseout To Reflect Deduction.--Section
32(c)(2) of the Internal Revenue Code of 1986 (defining earned income)
is amended by adding at the end the following new subparagraph:
``(C) Marriage penalty reduction.--Solely for
purposes of applying subsection (a)(2)(B), earned
income for any taxable year shall be reduced by an
amount equal to the amount of the deduction allowed to
the taxpayer for such taxable year under section 222.''
(d) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 222 and inserting the following new items:
``Sec. 222. Deduction for married couples
to eliminate the marriage
penalty.
``Sec. 223. Cross reference.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS FOR SELF-EMPLOYED
INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to 100 percent (75 percent in the case of taxable
years beginning in 1999 and 2000) of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer, his spouse, and dependents.''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Amends the Internal Revenue Code to: (1) allow, on a joint return, a deduction equal to a percentage of the qualified earned income of the lower earning spouse; and (2) revise the rules for the deduction of the health insurance costs of self-employed individuals to allow a deduction for 75 percent (for taxable years beginning in 1999 and 2000) of such costs and a deduction for 100 percent (in following years) of such costs. | A bill to amend the Internal Revenue Code of 1986 to provide a deduction for two-earner married couples, to allow self-employed individuals a 100-percent deduction for health insurance costs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treatment and Recovery Investment
Act''.
SEC. 2. OPIOID TREATMENT AND RECOVERY INITIATIVE.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--
(1) by redesignating the second section 514 relating to the
methamphetamine and amphetamine treatment initiative (42 U.S.C.
290bb-9) as section 514B; and
(2) by adding at the end the following:
``SEC. 514C. OPIOID TREATMENT AND RECOVERY INITIATIVE.
``(a) Grants.--
``(1) Authority to make grants.--The Director of the Center
for Substance Abuse Treatment may award grants to the State
agencies responsible for administering funds received under the
substance abuse prevention and treatment block grant program
under title XIX, units of local government that have a high
rate, or have had a rapid increase, in the use of, or death
related to the use of, heroin or other opioids, including
prescription opioids, and Indian tribes or tribal organizations
(as defined in section 4 of the Indian Health Care Improvement
Act), in order to permit such entities to expand evidence-based
treatment activities and related recovery services in the
specific geographical areas of such entities where there exists
a need to address the use of, or death related to the use of,
heroin or other opioids.
``(2) Recipients.--Grants awarded under paragraph (1) shall
be directed to the substance abuse directors of the States and
the appropriate tribal government authorities of the Indian
tribes.
``(3) Nature of activities.--Grant funds awarded under
paragraph (1) shall be used for activities that are based on
reliable scientific evidence of efficacy in the treatment of
problems related to the use or misuse of heroin or other
opioids.
``(b) Geographic Distribution.--The Director shall ensure that
grants awarded under subsection (a) are distributed equitably among the
various regions of the United States and among rural, urban, and
suburban areas that are affected by the use of heroin or other opioids.
``(c) Evaluation and Reporting.--A State agency, unit of local
government, or Indian tribe or tribal organization receiving a grant
under subsection (a) shall provide the Director with aggregate data and
other information determined by the Director to be necessary to enable
the Director--
``(1) to evaluate the success of the grant program involved
in achieving its purposes; and
``(2) to prepare and submit the report to Congress on an
annual basis.
``(d) Additional Activities.--In carrying out this section, the
Director shall--
``(1) disseminate widely such findings derived from the
evaluation conducted under subsection (c) as the Director
considers appropriate;
``(2) provide States, Indian tribes, and tribal
organizations, and health care providers with technical
assistance in connection with the provision of evidence-based
treatment for problems related to heroin and other opioids; and
``(3) give priority to applications for grants under this
section that support recovery and related services as a
critical component of the grant program, including
comprehensive social services that assist with housing,
employment, or education.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $27,000,000 for fiscal year 2016,
and such sums as may be necessary for each of fiscal years 2016
through 2020.
``(2) Use of certain funds.--Of the funds appropriated to
carry out this section in any fiscal year under paragraph (1),
the lesser of 5 percent of such funds or $1,000,000 shall be
available to the Director for purposes of carrying out
subsection (c).''.
SEC. 3. GRANTS FOR ENHANCING PRIMARY CARE ACCESS FOR OPIOID DEPENDENT
PREGNANT AND PARENTING WOMEN.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 2, is further amended by
adding at the end the following:
``SEC. 514D. GRANTS FOR ENHANCING PRIMARY CARE ACCESS FOR OPIOID
DEPENDENT PREGNANT AND PARENTING WOMEN.
``(a) In General.--The Director of the Center for Substance Abuse
Treatment shall award grants to State substance abuse agencies, Indian
tribes or tribal organizations (as defined in section 4 of the Indian
Health Care Improvement Act), and public nonprofit entities for the
purpose of enhancing access to primary care and related services for
pregnant and parenting women diagnosed with opioid dependence.
``(b) Use of Funds.--Amount awarded under a grant under subsection
(a) may be used to assist health care providers or facilities caring
for pregnant and parenting opioid dependent women to provide the
following services:
``(1) Clinically appropriate trauma informed gender-
specific services that are based on reliable scientific
evidence of efficacy in the treatment of problems related to
substance use disorder.
``(2) Prenatal and postpartum care.
``(3) Child care for infants and other children under the
age of 18 of the opioid dependent woman.
``(4) Prevention and wellness services, including nutrition
education, exercise instruction, and training in other life and
coping skills.
``(5) Developmental and therapeutic services for children
of opioid dependent woman.
``(6) Domestic violence services.
``(7) Educational services for women on proper care for
newborns with neonatal abstinence syndrome and other clinical
indications for newborns related to substance use during
pregnancy.
``(8) Parenting courses.
``(9) HIV/AIDS and Hepatitis C care and services.
``(10) Dental services.
``(11) Recovery coaches and mentors that can assist in
supporting the opioid dependent woman in achieving long term
recovery according to the needs of the woman.
``(12) Case management services, including assistance in
establishing eligibility for public programs, housing
assistance, job training, educational or vocational
opportunities, transportation, and other related activities.
``(c) Length of Grant.--Each grant awarded under subsection (a)
shall be for a period of 5 years.
``(d) Additional Activities.--The Director shall--
``(1) collect and evaluate data regarding activities
supported by grants awarded under subsection (a);
``(2) give priority in awarding grants to applicants that
are meeting a geographical need for substance use disorder
services for pregnant, postpartum or parenting women; and
``(3) give priority in awarding grants to entities that are
collaborating with State health care, public health, criminal
justice, and child welfare agencies as well as local Federally
qualified health centers for the purpose of enhancing access to
primary care and related services for pregnant and parenting
women diagnosed with opioid dependence.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $15,000,000 for fiscal year 2016,
and such sums as may be necessary for each of fiscal years 2016
through 2020.
``(2) Use of certain funds.--Of the funds appropriated to
carry out this section in any fiscal year, the lesser of 5
percent of such funds or $1,000,000 shall be available to the
Director for purposes of carrying out subsection (d).''.
SEC. 4. ADOLESCENT TREATMENT PROGRAMS.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 3, is further amended by
adding at the end the following:
``SEC. 514E. GRANTS TO IMPROVE ACCESS TO TREATMENT AND RECOVERY FOR
ADOLESCENTS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Substance Abuse Treatment, shall award grants,
contracts, or cooperative agreements to eligible State substance abuse
agencies and other entities determined appropriate by the Director for
the purpose of increasing the capacity of substance use disorder
treatment and recovery services for adolescents.
``(b) Eligibility.--To be eligible to receive a grant, contract, or
cooperative agreement under subsection (a) an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and contain such information as the
Director may require, including a plan for the evaluation of
any activities carried out with the funds provided under this
section;
``(2) ensure that all entities receiving support under the
grant, contract, or cooperative agreement comply with all
applicable State licensure or certification requirements
regarding the provision of the services involved; and
``(3) provide the Director with periodic evaluations of the
progress of the activities funded under this section and an
evaluation at the completion of such activities, as the
Director determines to be appropriate.
``(c) Priority.--In awarding grants, contracts, and cooperative
agreements under subsection (a), the Director shall give priority to
applicants who propose to fill a demonstrated geographic need for
adolescent specific residential treatment services.
``(d) Use of Funds.--Amounts awarded under grants, contracts, or
cooperative agreements under this section may be used to enable health
care providers or facilities that provide treatment and recovery
assistance for adolescents with a substance use disorder to provide the
following services:
``(1) Individualized patient centered care that is specific
to circumstances of the individual patient.
``(2) Clinically appropriate, trauma-informed, gender-
specific and age appropriate treatment services that are based
on reliable scientific evidence of efficacy in the treatment of
problems related to substance use disorders.
``(3) Clinically appropriate care to address treatment for
substance use and any co-occurring physical and mental health
disorders at the same location, and through access to primary
care services.
``(4) Coordination of treatment services with recovery and
other social support, including educational, vocational
training, assistance with the juvenile justice system, child
welfare, and mental health agencies.
``(5) Aftercare and long-term recovery support, including
peer support services.
``(e) Duration of Assistance.--Grants, contracts, and cooperative
agreements awarded under subsection (a) shall be for a period of not to
exceed 5 years.
``(f) Additional Activities.--The Director shall--
``(1) collect and evaluate the activities carried out with
amount received under subsection (a);
``(2) disseminate widely such significant information
derived from the evaluation as the Secretary considers
appropriate.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $25,000,000 for fiscal year 2016,
and such sums as may be necessary for each of fiscal years 2016
through 2020.
``(2) Use of certain funds.--Of the funds appropriated to
carry out this section in any fiscal year, the lesser of 5
percent of such funds or $1,000,000 shall be available to the
Director for purposes of carrying out subsection (f).''.
SEC. 5. GRANTS TO ENHANCE AND EXPAND RECOVERY SUPPORT SERVICES.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 4, is further amended by
adding at the end the following:
``SEC. 514F. GRANTS TO ENHANCE AND EXPAND RECOVERY SUPPORT SERVICES.
``(a) In General.--The Secretary, acting through the Administrator
of the Substance Abuse and Mental Health Services Administration, shall
award grants to State substance abuse agencies and non-profit
organizations to develop, expand, and enhance recovery support services
for individuals with substance use disorders.
``(b) Eligible Entities.--In the case of an applicant that is not a
State substance abuse agency, to be eligible to receive a grant under
this section, the entity shall--
``(1) prepare and submit to the Secretary an application at
such time, in such manner, and contain such information as the
Secretary may require, including a plan for the evaluation of
any activities carried out with the funds provided under this
section;
``(2) demonstrate the inclusion of individuals in recovery
from a substance use disorder in leadership levels or governing
bodies of the entity;
``(3) have as a primary mission the provision of long-term
recovery support for substance use disorders; and
``(4) be accredited by the Council on the Accreditation of
Peer Recovery Support Services or meet any applicable State
certification requirements regarding the provision of the
recovery services involved.
``(c) Use of Funds.--Amounts awarded under a grant under this
section shall be used to provide for the following activities:
``(1) Educating and mentoring that assists individuals and
families with substance use disorders in navigating systems of
care.
``(2) Peer recovery support services which include peer
coaching and mentoring.
``(3) Recovery-focused community education and outreach
programs, including training on the use of all forms of opioid
overdose antagonists used to counter the effects of an
overdose.
``(4) Training, mentoring, and education to develop and
enhance peer mentoring and coaching.
``(5) Programs aimed at identifying and reducing stigma and
discriminatory practices that serve as barriers to substance
use disorder recovery and treatment of these disorders.
``(6) Developing partnerships between networks that support
recovery and other community organizations and services,
including--
``(A) public and private substance use disorder
treatment programs and systems;
``(B) health care providers;
``(C) recovery-focused addiction and recovery
professionals;
``(D) faith-based organizations;
``(E) organizations focused on criminal justice
reform;
``(F) schools; and
``(G) social service agencies in the community,
including educational, juvenile justice, child welfare,
housing and mental health agencies.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $7,000,000 for fiscal year
2016, and such sums as may be necessary for each of fiscal years 2016
through 2020.''.
SEC. 6. INCREASING THE AUTHORIZATION OF THE SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT.
Section 1935(a) of the Public Health Service Act (42 U.S.C. 300x-
35(a)) is amended by striking ``$2,000,000,000 for fiscal year 2001,
and such sums as may be necessary for each of the fiscal years 2002 and
2003'' and inserting ``$2,270,000,000 for fiscal year 2016. For each
fiscal year beginning with fiscal year 2017, there are authorized to be
so appropriated, an amount equal to the amount authorized for the
previous fiscal year under this subsection increased by the annual
percentage increase in the Consumer Price Index for such year''.
SEC. 7. STUDY ON TREATMENT INFRASTRUCTURE.
Not later than one year after the date of enactment of this Act,
the Comptroller General of the United States shall initiate an
evaluation, and submit to Congress a report, of the in-patient and
outpatient treatment capacity, availability, and needs of the United
States, which shall include--
(1) the capacity of acute residential or inpatient
detoxification programs;
(2) the capacity of inpatient clinical stabilization
programs, transitional residential support services, and
residential rehabilitation programs;
(3) the capacity of demographic specific residential or
inpatient treatment programs, such as those designed for
pregnant women or adolescents;
(4) geographical differences of the availability of
residential and outpatient treatment and recovery options for
substance use disorders across the continuum of care;
(5) the availability of residential and outpatient
treatment programs that offer treatment options based on
reliable scientific evidence of efficacy for the treatment of
substance use disorders, including the use of Food and Drug
Administration-approved medicines and evidence-based
nonpharmacological therapies;
(6) the number of patients in residential and specialty
outpatient treatment services for substance use disorders; and
(7) an assessment of the need for residential and
outpatient treatment for substance use disorders across the
continuum of care. | Treatment and Recovery Investment Act This bill amends the Public Health Service Act to authorize the Center for Substance Abuse Treatment to award grants to state agencies responsible for administering funds received under the substance abuse prevention and treatment block grant program, to local governments that have a high rate of, or have had a rapid increase in, the use of, or death related to the use of, heroin or other opioids (including prescription opioids), and to Indian tribes or tribal organizations in order to permit such entities to expand evidence-based treatment activities and related recovery services. The Center shall award: (1) five-year grants to state substance abuse agencies, Indian tribes or tribal organizations, and public nonprofit entities to enhance access to primary care and related services for pregnant and parenting women diagnosed with opioid dependence; and (2) grants, contracts, or cooperative agreements of up to five years duration to eligible state substance abuse agencies and other appropriate entities to increase the capacity of substance use disorder treatment and recovery services for adolescents. The Substance Abuse and Mental Health Services Administration shall award grants to state substance abuse agencies and non-profit organizations to develop, expand, and enhance recovery support services for individuals with substance use disorders. The amount authorized under the substance abuse prevention and treatment block grant program is increased: (1) to a specified amount for FY2016, and (2) by the annual percentage increase in the Consumer Price Index for each subsequent year. The Comptroller General shall evaluate and report on the in-patient and outpatient treatment capacity, availability, and needs of the United States. | Treatment and Recovery Investment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlawful Internet Gambling Funding
Prohibition Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Internet gambling is primarily funded through personal
use of bank instruments, including credit cards and wire
transfers.
(2) The National Gambling Impact Study Commission in 1999
recommended the passage of legislation to prohibit wire
transfers to Internet gambling sites or the banks which
represent them.
(3) Internet gambling is a major cause of debt collection
problems for insured depository institutions and the consumer
credit industry.
(4) Internet gambling conducted through offshore
jurisdictions has been identified by United States law
enforcement officials as a significant money laundering
vulnerability.
SEC. 3. PROHIBITION ON ACCEPTANCE OF ANY BANK INSTRUMENT FOR UNLAWFUL
INTERNET GAMBLING.
(a) In General.--No person engaged in a gambling business may
knowingly accept, in connection with the participation of another
person in unlawful Internet gambling--
(1) credit, or the proceeds of credit, extended to or on
behalf of such other person (including credit extended through
the use of a credit card);
(2) an electronic fund transfer or funds transmitted by or
through a money transmitting business, or the proceeds of an
electronic fund transfer or money transmitting service, from or
on behalf of the other person;
(3) any check, draft, or similar instrument which is drawn
by or on behalf of the other person and is drawn on or payable
at or through any financial institution; or
(4) the proceeds of any other form of financial transaction
as the Secretary may prescribe by regulation which involves a
financial institution as a payor or financial intermediary on
behalf of or for the benefit of the other person.
(b) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Bets or wagers.--The term ``bets or wagers''--
(A) means the staking or risking by any person of
something of value upon the outcome of a contest of
others, a sporting event, or a game predominantly
subject to chance, upon an agreement or understanding
that the person or another person will receive
something of greater value than the amount staked or
risked in the event of a certain outcome;
(B) includes the purchase of a chance or
opportunity to win a lottery or other prize (which
opportunity to win is predominantly subject to chance);
(C) includes any scheme of a type described in
section 3702 of title 28; and
(D) does not include--
(i) any bona fide business transaction
governed by the securities laws (as that term
is defined in section 3(a)(47) of the
Securities Exchange Act of 1934) for the
purchase or sale at a future date of securities
(as that term is defined in section 3(a)(10) of
such Act);
(ii) any transaction on or subject to the
rules of a contract market designated pursuant
to section 5 of the Commodity Exchange Act;
(iii) any over-the-counter derivative
instrument;
(iv) any contract of indemnity or
guarantee;
(v) any contract for life, health, or
accident insurance; or
(vi) any participation in a simulation
sports game or an educational game or contest
that--
(I) is not dependent solely on the
outcome of any single sporting event or
nonparticipant's singular individual
performance in any single sporting
event;
(II) has an outcome that reflects
the relative knowledge and skill of the
participants with such outcome
determined predominantly by accumulated
statistical results of sporting events;
and
(III) offers a prize or award to a
participant that is established in
advance of the game or contest and is
not determined by the number of
participants or the amount of any fees
paid by those participants.
(2) Gambling business.--The term ``gambling business''
means--
(A) a business that is conducted at a gambling
establishment;
(B) a business that--
(i) involves--
(I) the placing, receiving, or
otherwise making of bets or wagers; or
(II) the offering to engage in the
placing, receiving, or otherwise making
of bets or wagers;
(ii) involves 1 or more persons who
conduct, finance, manage, supervise, direct, or
own all or part of such business; and
(iii) has been or remains in substantially
continuous operation for a period in excess of
10 days or has a gross revenue of $2,000 or
more from such business during any 24-hour
period; and
(C) any agent who knowingly solicits for a business
described in subparagraph (A) or (B).
(3) Internet.--The term ``Internet'' means the
international computer network of interoperable packet switched
data networks.
(4) Unlawful internet gambling.--The term ``unlawful
Internet gambling'' means to place, receive, or otherwise make
a bet or wager by any means which involves the use, at least in
part, of the Internet where such bet or wager is unlawful under
any applicable Federal or State law in the State in which the
bet or wager is initiated, received, or otherwise made.
(5) Other terms.--
(A) Credit; creditor; and credit card.--The terms
``credit'', ``creditor'', and ``credit card'' have the
meanings given such terms in section 103 of the Truth
in Lending Act.
(B) Electronic fund transfer.--The term
``electronic fund transfer''--
(i) has the meaning given such term in
section 903 of the Electronic Fund Transfer
Act; and
(ii) includes any fund transfer covered by
Article 4 of the Uniform Commercial Code, as in
effect in any State.
(C) Financial institution.--The term ``financial
institution'' has the meaning given such term in
section 903 of the Electronic Fund Transfer Act.
(D) Money transmitting business and money
transmitting service.--The terms ``money transmitting
business'' and ``money transmitting service'' have the
meanings given such terms in section 5330(d) of title
31, United States Code.
(E) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(c) Civil Remedies.--
(1) Jurisdiction.--The district courts of the United States
shall have original and exclusive jurisdiction to prevent and
restrain violations of this section by issuing appropriate
orders in accordance with this section, regardless of whether a
prosecution has been initiated under this section.
(2) Proceedings.--
(A) Institution by federal government.--
(i) In general.--The United States, acting
through the Attorney General, may institute
proceedings under this subsection to prevent or
restrain a violation of this section.
(ii) Relief.--Upon application of the
United States under this subparagraph, the
district court may enter a preliminary
injunction or an injunction against any person
to prevent or restrain a violation of this
section, in accordance with Rule 65 of the
Federal Rules of Civil Procedure.
(B) Institution by state attorney general.--
(i) In general.--The attorney general of a
State (or other appropriate State official) in
which a violation of this section allegedly has
occurred or will occur may institute
proceedings under this subsection to prevent or
restrain the violation.
(ii) Relief.--Upon application of the
attorney general (or other appropriate State
official) of an affected State under this
subparagraph, the district court may enter a
preliminary injunction or an injunction against
any person to prevent or restrain a violation
of this section, in accordance with Rule 65 of
the Federal Rules of Civil Procedure.
(C) Indian lands.--Notwithstanding subparagraphs
(A) and (B), for a violation that is alleged to have
occurred, or may occur, on Indian lands (as that term
is defined in section 4 of the Indian Gaming Regulatory
Act)--
(i) the United States shall have the
enforcement authority provided under
subparagraph (A); and
(ii) the enforcement authorities specified
in an applicable Tribal-State compact
negotiated under section 11 of the Indian
Gaming Regulatory Act shall be carried out in
accordance with that compact.
(3) Expedited proceedings.--
(A) In general.--In addition to any proceeding
under paragraph (2), a district court may, in exigent
circumstances, enter a temporary restraining order
against a person alleged to be in violation of this
section upon application of the United States under
paragraph (2)(A), or the attorney general (or other
appropriate State official) of an affected State under
paragraph (2)(B), in accordance with Rule 65(b) of the
Federal Rules of Civil Procedure.
(d) Criminal Penalty.--
(1) In general.--Whoever violates this section shall be
fined under title 18, United States Code, or imprisoned for not
more than 5 years, or both.
(2) Permanent injunction.--Upon conviction of a person
under this subsection, the court may enter a permanent
injunction enjoining such person from placing, receiving, or
otherwise making bets or wagers or sending, receiving, or
inviting information assisting in the placing of bets or
wagers.
(e) Safe Harbor for Financial Intermediaries.--
(1) In general.--No creditor, credit card issuer, financial
institution, operator of a terminal at which an electronic fund
transfer may be initiated, money transmitting business, or
national, regional, or local network utilized to effect a
credit transaction, electronic fund transfer, or money
transmitting service shall be liable under this section for the
involvement of such person, or the use of the facilities of
such person--
(A) in any credit transaction, electronic fund
transfer, or money transmitting service described in
subsection (a); or
(B) in drawing, paying, transferring, or collecting
any check, draft, or other instrument described in
subsection (a) or in any regulation prescribed under
such subsection.
(2) Exception for knowing participation in a gambling
business.--Paragraph (1) shall not apply with respect to any
person referred to in such paragraph which is a gambling
business or which knowingly participates in any activity
referred to in subparagraph (A) or (B) of such paragraph as an
agent or representative of a gambling business.
SEC. 4. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS.
(a) In General.--In deliberations between the United States
Government and any other country on money laundering, corruption, and
crime issues, the United States Government should--
(1) encourage cooperation by foreign governments and
relevant international fora in identifying whether Internet
gambling operations are being used for money laundering,
corruption, or other crimes;
(2) advance policies that promote the cooperation of
foreign governments, through information sharing or other
measures, in the enforcement of this Act; and
(3) encourage the Financial Action Task Force on Money
Laundering, in its annual report on money laundering
typologies, to study the extent to which Internet gambling
operations are being used for money laundering.
(b) Report Required.--The Secretary of the Treasury shall submit an
annual report to the Congress on the deliberations between the United
States and other countries on issues relating to Internet gambling.
SEC. 5. ENFORCEMENT ACTIONS.
Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is
amended by adding at the end the following new subsection:
``(x) Depository Institution Involvement in Internet Gambling.--
Notwithstanding section 3(e) of the Unlawful Internet Gambling Funding
Prohibition Act, if any appropriate Federal banking agency determines
that any insured depository institution is engaged in any of the
following activities, the agency may issue an order to such institution
prohibiting such institution from continuing to engage in any of the
following activities:
``(1) Extending credit, or facilitating an extension of
credit, electronic fund transfer, or money transmitting service
with the actual knowledge that any person is violating section
3(a) of the Unlawful Internet Gambling Funding Prohibition Act
in connection with such extension of credit, electronic fund
transfer, or money transmitting service.
``(2) Paying, transferring, or collecting on any check,
draft, or other instrument drawn on any depository institution
with the actual knowledge that any person is violating section
3(a) of the Unlawful Internet Gambling Funding Prohibition Act
in connection with such check, draft, or other instrument.''.
Amend the title so as to read: ``A bill to prevent the use
of certain bank instruments for unlawful Internet gambling, and
for other purposes.''. | (Sec. 3) Prescribes judicial guidelines under which the Federal district courts exercise exclusive jurisdiction to prevent or restrain violations of this Act. Provides for civil and criminal penalties, including a permanent injunction against wagering.
Shields certain financial intermediaries from liability for either unknowing involvement or unknowing use of their facilities in: (1) any credit transaction, electronic fund transfer, or money transmitting service; or (2) drawing, paying, transferring, or collecting a check or draft instrument. Cites exceptions for knowing participation in a gambling business.
(Sec. 4) Declares that the Federal Government, in deliberations with a foreign government on money laundering, corruption, and crime issues, should: (1) encourage cooperation by foreign governments and relevant international fora in identifying whether Internet gambling operations are being used for money laundering, corruption, or other crimes; (2) advance policies that promote international cooperation in the enforcement of this Act; and (3) encourage the Financial Action Task Force on Money Laundering to study, in its annual report, the extent to which Internet gambling operations are being used for money laundering.
(Sec. 5) Amends the Federal Deposit Insurance Act to provide that if an appropriate Federal banking agency determines that an insured depository institution is engaged in activities proscribed under this Act, such agency may issue an injunction against the person in violation of this Act. | Unlawful Internet Gambling Funding Prohibition Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Women From Ovarian
Cancer Act of 2002''.
SEC. 2. FINDINGS.
(1) Ovarian cancer is a serious and underrecognized threat
to women's health.
(2) Ovarian cancer, the deadliest of the gynecologic
cancers, is the fourth leading cause of cancer death among
women in the United States.
(3) Ovarian cancer occurs in 1 out of 57 women in the
United States.
(4) Approximately 50 percent of the women in the United
States diagnosed with ovarian cancer die as a result of the
cancer within 5 years; among African-American women, only about
48 percent survive 5 years or more.
(5) Ovarian cancer is readily treatable when it is detected
in the beginning stages before it has spread beyond the
ovaries, but the vast majority of cases are not diagnosed until
the advanced stages when the cancer has spread beyond the
ovaries.
(6) In cases where ovarian cancer is detected in the
beginning stages, more than 90 percent of women survive longer
than 5 years.
(7) Only 25 percent of ovarian cancer cases in the United
States are diagnosed in the beginning stages.
(8) In cases where ovarian cancer is diagnosed in the
advanced stages, the chance of 5-year survival is only about 25
percent.
(9) Ovarian cancer may be difficult to diagnose because
symptoms are easily confused with other diseases and because
there is no reliable, easy-to-administer screening tool.
SEC. 3. MEDICARE PREVENTIVE BENEFIT EXPANSION TO INCLUDE CERTAIN
SCREENING TESTS FOR OVARIAN CANCER.
(a) In General.--
(1) Coverage.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended--
(A) in subsection (s)(2)--
(i) by striking ``and'' at the end of
subparagraphs (U);
(ii) by adding ``and'' at the end of
subparagraph (V); and
(iii) by inserting after subparagraph (V)
the following new subparagraph:
``(W) qualified ovarian cancer screening tests (as defined
in subsection (ww)); and''; and
(2) by adding at the end the following new subsection:
``Qualified Ovarian Cancer Screening Tests
``(ww)(1) The term `qualified ovarian cancer screening test' means
a test that consists of any (or all) of the procedures described in
paragraph (2) provided for the purpose of early detection of ovarian
cancer to a woman over 50 years of age who has not had such a test
during the preceding year.
``(2) The procedures described in this paragraph are as follows:
``(A) A proteomic pattern blood test to identify ovarian
cancer.
``(B) Such other procedures as the Secretary finds
appropriate for the purpose of early detection of ovarian
cancer, taking into account changes in technology and standards
of medical practice, availability, effectiveness, costs, and
such other factors as the Secretary considers appropriate.''.
(2) Payment for proteomic pattern blood test under clinical
diagnostic laboratory test fee schedules.--
(A) In general.--Section 1833(h)(1)(A) of such Act
(42 U.S.C. 1395l(h)(1)(A)) is amended by inserting
after ``(including prostate cancer screening tests
under section 1861(oo) consisting of prostate-specific
antigen blood tests'' the following: ``, and including
ovarian cancer screening tests under section
1861(ww)(2)(A) consisting of proteomic pattern blood
tests''.
(B) Payment rate.--Section 1833(h)(7) of such Act
(42 U.S.C. 1395l(h)(7) is amended by inserting after
``a primary screening method for detection of cervical
cancer)'' the following: ``and qualified ovarian cancer
screening tests under section 1861(ww)(2)(A)''.
(3) Conforming amendments.--Section 1862(a) of such Act (42
U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (H), by striking
``and'' at the end,
(ii) in subparagraph (I), by striking the
semicolon at the end and inserting ``, and'',
and
(iii) by adding at the end the following
new subparagraph:
``(J) in the case of qualified ovarian cancer screening
tests (as defined in section 1861(ww)), which are performed
more frequently than is covered under such section;''; and
(B) in paragraph (7), by striking ``or (H)'' and
inserting ``(H), or (J)''.
(b) Contingent Effective Date.--(1) The amendments made subsection
(a) shall become effective (if at all) in accordance with paragraph
(2).
(2)(A) The Secretary of Health and Human Services shall submit to
Congress the report required under section 4(b) containing the results
of the evaluation conducted under section 4(a) analyzing the
effectiveness of using proteomic patterns in blood serum to identify
ovarian cancer, including the effectiveness of so using proteomic
patterns in combination with other screening methods for ovarian
cancer.
(B) The amendments made by subsection (a) shall become effective,
on the date that is the first day of the first calendar quarter that
begins after the Secretary submits the report referred to in
subparagraph (A), unless the Secretary includes in that report a
finding that use of such technique is not sufficiently effective,
reliable, or cost effective for use in detecting ovarian cancer in
medicare beneficiaries.
SEC. 4. RESEARCH AND REPORT ON EFFECTIVENESS OF USE OF PROTEOMIC
PATTERNS IN IDENTIFYING OVARIAN CANCER.
(a) Research.--The Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health, shall
conduct or support research on the effectiveness of the medical
screening technique of using proteomic patterns in blood serum to
identify ovarian cancer, including the effectiveness of so using
proteomic patterns in combination with other screening methods for
ovarian cancer.
(b) Report.--The Secretary shall submit to Congress a report on the
research conducted under subsection (a), and shall include an
evaluation of such research that analyses the effectiveness of such
medical screening technique. | Protect Our Women From Ovarian Cancer Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to expand the Medicare preventive benefit to include qualified screening tests for ovarian cancer.Directs the Secretary of Health and Human Services to conduct or support research, and report to Congress, on the effectiveness of the medical screening technique of using proteomic patterns in blood serum to identify ovarian cancer. | To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of certain tests to screen for ovarian cancer upon certification by the Director of the National Institutes of Health that such tests are effective. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability and
Fairness Act of 2005''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Increase in Dollar Limitation.--Subsection (b) of section 222
of the Internal Revenue Code of 1986 (relating to dollar limitations)
is amended to read as follows:
``(b) Limitations.--
``(1) Limitation for first 2 years of postsecondary
education.--For any taxable year preceding a taxable year
described in paragraph (2), the amount of qualified tuition and
related expenses which may be taken into account under
subsection (a) shall not exceed--
``(A) except as provided in subparagraph (B), the
excess (if any) of--
``(i) the lesser of--
``(I) $10,000 for each eligible
student, or
``(II) $15,000, over
``(ii) the amount of such expenses which
are taken into account in determining the
credit allowable to the taxpayer or any other
person under section 25A(a)(1) with respect to
such expenses, and
``(B) in the case of a taxpayer with respect to
whom the credit under section 25A(a)(1) is reduced to
zero by reason of section 25A(d)(1), $5,000.
``(2) Limitation for second 2 years of postsecondary
education.--For any taxable year if an eligible student has
completed (before the beginning of such taxable year) the first
2 years of postsecondary education at an eligible educational
institution, the amount of qualified tuition and related
expenses which may be taken into account under subsection (a)
shall not exceed--
``(A) except as provided in subparagraph (B) or
(C), $10,000,
``(B) in the case of a taxpayer with respect to
which a credit under section 25A(a)(1) would be reduced
to zero by reason of section 25A(d)(1), $5,000, and
``(C) in the case of taxpayer with respect to whom
the credit under section 25A(a)(2) is allowed for such
taxable year, zero.
``(3) Deduction allowed only for 4 taxable years for each
eligible student.--A deduction may not be allowed under
subsection (a) with respect to the qualified tuition and
related expenses of an eligible student for any taxable year if
such a deduction was allowable with respect to such expenses
for such student for any 4 prior taxable years.
``(4) Eligible student.--For purposes of this section, the
term `eligible student' has the meaning given such term by
section 25A(b)(3).''.
(b) Repeal of Termination.--Section 222 of such Code is amended by
striking subsection (e).
(c) Determination of Adjusted Gross Income With Respect to Other
Benefits.--
(1) Section 21(a)(2) of such Code is amended by inserting
``(determined without regard to section 222)'' after ``adjusted
gross income''.
(2) Section 22(d) of such Code is amended--
(A) by inserting ``(determined without regard to
section 222)'' after ``adjusted gross income'' the
first place it appears, and
(B) by inserting ``(as so determined)'' after
``adjusted gross income'' the second place it appears.
(3) Section 23(b)(2)(B) of such Code is amended by
inserting ``222,'' before ``911''.
(4) Section 24(b)(1) of such Code is amended by inserting
``222,'' before ``911''.
(5) Section 151(d)(3) of such Code is amended--
(A) by inserting ``(determined without regard to
section 222)'' after ``adjusted gross income'' in
subparagraph (A), and
(B) by inserting ``(as so determined)'' after
``adjusted gross income'' in subparagraph (B).
(6) Section 165(h)(2)(A)(ii) of such Code is amended by
inserting ``(determined without regard to section 222)'' after
``adjusted gross income''.
(7) Section 213(a) of such Code is amended by inserting
``(determined without regard to section 222)'' after ``adjusted
gross income''.
(8) Section 1400C(b)(2) of such Code is amended by
inserting ``222,'' before ``911''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2004 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 3. EDUCATION TAX CREDIT FAIRNESS.
(a) Increase in AGI Limits.--
(1) In general.--Subsection (d) of section 25A of the
Internal Revenue Code of 1986 is amended to read as follows:
``(d) Limitation Based on Modified Adjusted Gross Income.--
``(1) Hope credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(1) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $50,000 ($100,000 in the
case of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(2) Lifetime learning credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(2) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $40,000 ($80,000 in the case
of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.''.
(2) Conforming amendment.--Paragraph (2) of section 25A(h)
of such Code is amended to read as follows:
``(2) Income limits.--
``(A) Hope credit.--In the case of a taxable year
beginning after 2005, the $50,000 and $100,000 amounts
in subsection (d)(1)(B)(i)(II) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2004'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Lifetime learning credit.--In the case of a
taxable year beginning after 2001, the $40,000 and
$80,000 amounts in subsection (d)(2)(B)(i)(II) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2000'
for `calendar year 1992' in subparagraph (B)
thereof.
``(C) Rounding.--If any amount as adjusted under
subparagraph (A) or (B) is not a multiple of $1,000,
such amount shall be rounded to the next lowest
multiple of $1,000.''.
(b) Coordination With Other Higher Education Benefits.--Section
25A(g) of such Code is amended by striking paragraph (5) and by
redesignating paragraphs (6) and (7) as paragraphs (5) and (6),
respectively.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2004 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 4. RELATIONSHIP BETWEEN TUITION AND FINANCIAL AID.
(a) Study.--The Comptroller General of the United States shall
conduct an annual study to examine whether the Federal income tax
incentives to provide education assistance affect higher education
tuition rates in order to identify if institutions of higher education
are absorbing the intended savings by raising tuition rates.
(b) Report.--The Comptroller General of the United States shall
report the results of the study required under subsection (a) to
Congress on an annual basis.
SEC. 5. SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING PELL GRANTS.
It is the sense of the House of Representatives that the maximum
Pell Grant should be increased to $4,700 to pay approximately--
(1) 20 percent of the tuition, fees, room and board, and
other expenses of the average college, or
(2) the tuition and fees of the average public college. | Higher Education Affordability and Fairness Act of 2005 - Amends the Internal Revenue Code to increase the tax deduction for qualified higher education tuition and related expenses. Makes such tax deduction permanent. Increases adjusted gross income limits for purposes of determining the allowable amount of the Hope Scholarship tax credit. Directs the Comptroller General of the United States to conduct an annual study to examine whether the Federal income tax incentives to provide education assistance affect higher education tuition rates in order to identify if institutions of higher education are absorbing the intended savings by raising tuition rates. Expresses the sense of the House of Representatives that the maximum Pell Grant should be increased to $4,700 to pay approximately: (1) 20 percent of the tuition, fees, room and board, and other expenses of the average college; or (2) the tuition and fees of the average public college. | To amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a tax deduction for higher education expenses, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Devices Technical
Corrections Act''.
SEC. 2. TECHNICAL CORRECTIONS REGARDING PUBLIC LAW 107-250.
(a) Title I; Fees Relating to Medical Devices.--Part 3 of
subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379i et seq.), as added by section 102 of Public Law 107-250
(116 Stat. 1589), is amended--
(1) in section 737--
(A) in paragraph (4)(B), by striking ``and for which
clinical data are generally necessary to provide a reasonable
assurance of safety and effectiveness'' and inserting ``and for
which substantial clinical data are necessary to provide a
reasonable assurance of safety and effectiveness'';
(B) in paragraph (4)(D), by striking ``manufacturing,'';
(C) in paragraph (5)(J), by striking ``a premarket
application'' and all that follows and inserting ``a premarket
application or premarket report under section 515 or a
premarket application under section 351 of the Public Health
Service Act.''; and
(D) in paragraph (8), by striking ``The term `affiliate'
means a business entity that has a relationship with a second
business entity'' and inserting ``The term `affiliate' means a
business entity that has a relationship with a second business
entity (whether domestic or international)''; and
(2) in section 738--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i) by striking
``subsection (d),'' and inserting ``subsections (d) and
(e),'';
(II) in clause (iv), by striking ``clause (i),''
and all that follows and inserting ``clause (i).''; and
(III) in clause (vii), by striking ``clause (i),''
and all that follows and inserting ``clause (i),
subject to any adjustment under subsection
(e)(2)(C)(ii).''; and
(ii) in subparagraph (D), in each of clauses (i) and
(ii), by striking ``application'' and inserting
``application, report,'';
(B) in subsection (d)(2)(B), beginning in the second
sentence, by striking ``firms. which show'' and inserting
``firms, which show'';
(C) in subsection (e)--
(i) in paragraph (1), by striking ``Where'' and
inserting ``For fiscal year 2004 and each subsequent fiscal
year, where''; and
(ii) in paragraph (2)--
(I) in subparagraph (B), beginning in the second
sentence, by striking ``firms. which show'' and
inserting ``firms, which show''; and
(II) in subparagraph (C)(i), by striking ``Where''
and inserting ``For fiscal year 2004 and each
subsequent fiscal year, where'';
(D) in subsection (f), by striking ``for filing''; and
(E) in subsection (h)(2)(B)--
(i) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively;
(ii) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively;
(iii) by striking ``The Secretary'' and inserting the
following:
``(i) In general.--The Secretary''; and
(iv) by adding at the end the following:
``(ii) More than 5 percent.--To the extent such costs
are more than 5 percent below the specified level in
subparagraph (A)(ii), fees may not be collected under this
section for that fiscal year.''.
(b) Title II; Amendments Regarding Regulation of Medical Devices.--
(1) Inspections by accredited persons.--Section 704(g) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(g)), as added
by section 201 of Public Law 107-250 (116 Stat. 1602), is amended--
(A) in paragraph (1), in the first sentence, by striking
``conducting inspections'' and all that follows and inserting
``conducting inspections of establishments that manufacture,
prepare, propagate, compound, or process class II or class III
devices, which inspections are required under section 510(h) or
are inspections of such establishments required to register
under section 510(i).'';
(B) in paragraph (5)(B), in the first sentence, by striking
``or poses'' and all that follows through the period and
inserting ``poses a threat to public health, fails to act in a
manner that is consistent with the purposes of this subsection,
or where the Secretary determines that there is a financial
conflict of interest in the relationship between the accredited
person and the owner or operator of a device establishment that
the accredited person has inspected under this subsection.'';
(C) in paragraph (6)(A)--
(i) in clause (i), by striking ``of the establishment
pursuant to subsection (h) or (i) of section 510'' and
inserting ``described in paragraph (1)'';
(ii) in clause (ii)--
(I) in the matter preceding subclause (I)--
(aa) by striking ``each inspection'' and
inserting ``inspections''; and
(bb) by inserting ``during a 2-year period''
after ``person''; and
(II) in subclause (I), by striking ``such a
person'' and inserting ``an accredited person'';
(iii) in clause (iii)--
(I) in the matter preceding subclause (I), by
striking ``and the following additional conditions are
met:'' and inserting ``and 1 or both of the following
additional conditions are met:'';
(II) in subclause (I), by striking ``accredited''
and all that follows through the period and inserting
``(accredited under paragraph (2) and identified under
clause (ii)(II)) as a person authorized to conduct such
inspections of device establishments.''; and
(III) in subclause (II), by inserting ``or by a
person accredited under paragraph (2)'' after ``by the
Secretary'';
(iv) in clause (iv)(I)--
(I) in the first sentence--
(aa) by striking ``the two immediately
preceding inspections of the establishment'' and
inserting ``inspections of the establishment during
the previous 4 years''; and
(bb) by inserting ``section'' after ``pursuant
to'';
(II) in the third sentence--
(aa) by striking ``the petition states a
commercial reason for the waiver;''; and
(bb) by inserting ``not'' after ``the Secretary
has not determined that the public health would'';
and
(III) in the fourth sentence, by striking ``granted
until'' and inserting ``granted or deemed to be granted
until''; and
(v) in clause (iv)(II)--
(I) by inserting ``of a device establishment
required to register'' after ``to be conducted''; and
(II) by inserting ``section'' after ``pursuant
to'';
(D) in paragraph (6)(B)(iii)--
(i) in the first sentence, by striking ``, and data
otherwise describing whether the establishment has
consistently been in compliance with sections 501 and 502
and other'' and inserting ``and with other''; and
(ii) in the second sentence--
(I) by striking ``inspections'' and inserting
``inspectional findings''; and
(II) by inserting ``relevant'' after ``together
with all other'';
(E) in paragraph (6)(B)(iv)--
(i) by inserting ``(I)'' after ``(iv)''; and
(ii) by adding at the end the following:
``(II) If, during the two-year period following clearance under
subparagraph (A), the Secretary determines that the device
establishment is substantially not in compliance with this Act, the
Secretary may, after notice and a written response, notify the
establishment that the eligibility of the establishment for the
inspections by accredited persons has been suspended.'';
(F) in paragraph (6)(C)(ii), by striking ``in accordance
with section 510(h), or has not during such period been
inspected pursuant to section 510(i), as applicable'';
(G) in paragraph (10)(B)(iii), by striking ``a reporting''
and inserting ``a report''; and
(H) in paragraph (12)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) the number of inspections conducted by accredited persons
pursuant to this subsection and the number of inspections conducted
by Federal employees pursuant to section 510(h) and of device
establishments required to register under section 510(i);''; and
(ii) in subparagraph (E), by striking ``obtained by the
Secretary'' and all that follows and inserting ``obtained
by the Secretary pursuant to inspections conducted by
Federal employees;''.
(2) Other corrections.--
(A) Prohibited acts.--Section 301(gg) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(gg)), as amended by
section 201(d) of Public Law 107-250 (116 Stat. 1609), is
amended to read as follows:
``(gg) The knowing failure to comply with paragraph (7)(E) of
section 704(g); the knowing inclusion by a person accredited under
paragraph (2) of such section of false information in an inspection
report under paragraph (7)(A) of such section; or the knowing failure
of such a person to include material facts in such a report.''.
(B) Electronic labeling.--Section 502(f) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352(f)), as amended by
section 206 of Public Law 107-250 (116 Stat. 1613), is amended,
in the last sentence--
(i) by inserting ``or by a health care professional and
required labeling for in vitro diagnostic devices intended
for use by health care professionals or in blood
establishments'' after ``in health care facilities'';
(ii) by inserting a comma after ``means'';
(iii) by striking ``requirements of law and, that'' and
inserting ``requirements of law, and that'';
(iv) by striking ``the manufacturer affords health care
facilities the opportunity'' and inserting ``the
manufacturer affords such users the opportunity''; and
(v) by striking ``the health care facility''.
(c) Title III; Additional Amendments.--
(1) Effective date.--Section 301(b) of Public Law 107-250 (116
Stat. 1616), is amended by striking ``18 months'' and inserting
``36 months''.
(2) Premarket notification.--Section 510(o) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(o)), as added by
section 302(b) of Public Law 107-250 (116 Stat. 1616), is amended--
(A) in paragraph (1)(B), by striking ``, adulterated'' and
inserting ``or adulterated''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``, adulterated''
and inserting ``or adulterated''; and
(ii) in subparagraph (E), by striking ``semicritical''
and inserting ``semi-critical''.
(d) Miscellaneous Corrections.--
(1) Certain amendments to section 515.--
(A) In general.--
(i) Technical correction.--Section 515(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)),
as amended by sections 209 and 302(c)(2)(A) of Public Law
107-250 (116 Stat. 1613, 1618), is amended by redesignating
paragraph (3) (as added by section 209 of such Public Law)
as paragraph (4).
(ii) Modular review.--Section 515(c)(4)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360e(c)(4)(B)) is amended by striking ``unless an issue of
safety'' and inserting ``unless a significant issue of
safety''.
(B) Conforming amendment.--Section 210 of Public Law 107-
250 (116 Stat. 1614) is amended by striking
``, as amended'' and all that follows through ``by adding'' and
inserting ``is amended in paragraph (3), as redesignated by
section 302(c)(2)(A) of this Act, by adding''.
(2) Certain amendments to section 738.--
(A) In general.--Section 738(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j(a)), as amended by subsection
(a), is amended--
(i) in the matter preceding paragraph (1)--
(I) by striking ``(a) Types of Fees.--Beginning
on'' and inserting the following:
``(a) Types of Fees.--
``(1) In general.--Beginning on''; and
(II) by striking ``this section as follows:'' and
inserting ``this section.''; and
(ii) by striking ``(1) Premarket application,'' and
inserting the following: ``(2) Premarket application,''.
(B) Conforming amendments.--Section 738 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j), as amended by
subparagraph (A), is amended--
(i) in subsection (d)(1), in the last sentence, by
striking ``subsection (a)(1)(A)'' and inserting
``subsection (a)(2)(A)'';
(ii) in subsection (e)(1), by striking ``subsection
(a)(1)(A)(vii)'' and inserting ``subsection
(a)(2)(A)(vii)'';
(iii) in subsection (e)(2)(C)--
(I) in each of clauses (i) and (ii), by striking
``subsection (a)(1)(A)(vii)'' and inserting
``subsection (a)(2)(A)(vii)''; and
(II) in clause (ii), by striking ``subsection
(a)(1)(A)(i)'' and inserting ``subsection
(a)(2)(A)(i)''; and
(iv) in subsection (j), by striking ``subsection
(a)(1)(D),'' and inserting ``subsection (a)(2)(D),''.
(C) Additional conforming amendment.--Section 102(b)(1) of
Public Law 107-250 (116 Stat. 1600) is amended, in the matter
preceding subparagraph (A), by striking ``section
738(a)(1)(A)(ii)'' and inserting ``section 738(a)(2)(A)(ii)''.
(3) Public law 107-250.--Public Law 107-250 is amended--
(A) in section 102(a) (116 Stat. 1589), by striking ``(21
U.S.C. 379F et seq.)'' and inserting ``(21 U.S.C. 379f et
seq.)'';
(B) in section 102(b) (116 Stat. 1600)--
(i) by striking paragraph (2);
(ii) in paragraph (1), by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2), respectively; and
(iii) by striking:
``(b) Fee Exemption for Certain Entities Submitting Premarket
Reports.--
``(1) In general.--A person submitting a premarket report'' and
inserting:
``(b) Fee Exemption for Certain Entities Submitting Premarket
Reports.--A person submitting a premarket report''; and
(C) in section 212(b)(2) (116 Stat. 1614), by striking ``,
such as phase IV trials,''.
SEC. 3. REPORT ON BARRIERS TO AVAILABILITY OF DEVICES INTENDED FOR
CHILDREN.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services shall 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 the barriers to the availability of devices intended for the
treatment or diagnosis of diseases and conditions that affect children.
The report shall include any recommendations of the Secretary of Health
and Human Services for changes to existing statutory authority,
regulations, or agency policy or practice to encourage the invention
and development of such devices.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Medical Devices Technical Corrections Act - Amends the Federal Food, Drug, and Cosmetic Act (as amended by the Medical Device User Fee and Modernization Act of 2002) to revise provisions concerning medical devices user fees.
Prohibits the Secretary of Health and Human Services from collecting fees to defray costs in any fiscal year where the amount appropriated is more than five percent below the costs of the resources allocated for the review of device applications.
Allows the Secretary to withdraw accreditation to inspect from any person where the Secretary determines that there is a conflict of interest between the company and the accredited inspector.
Permits a company that markets at least one medical device in the United States and one medical device in another country to use an accredited third party inspector if the company certifies that the foreign country recognizes inspections by: (1) the Food and Drug Administration (FDA); and/or (2) the third party inspector. (Current law requires a country to recognize both types of inspections.)
Allows the Secretary to withdraw eligibility for third party inspections from a company if the Secretary determines that the company is substantially not in compliance with the Act.
Allows electronic labeling for prescription devices intended for use by health care professionals and for in vitro diagnostic devices intended for use by health care professionals or in blood establishments.
Delays by 18 additional months the effective date of the provision deeming a device misbranded if the identification of the manufacturer is not conspicuously displayed.
Directs the Secretary to submit a report to the relevant committees on the barriers to the availability of devices intended for treatment or diagnosis of diseases or conditions that affect children. | A bill to amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments by the Medical Device User Fee and Modernization Act of 2002, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Waste Development and Expansion
Act of 2017''.
SEC. 2. GRANT PROGRAM.
The Administrator of the Environmental Protection Agency (in this
Act referred to as the ``Administrator'') shall award grants to local
governments or consortia of local governments, which may be acting in
coordination with one or more nongovernmental entities. The grants
shall be used to develop solid waste prevention, reuse, and recycling
tactics and operations, which may include--
(1) development or deployment of technologies or practices
to increase rates of waste prevention, reuse, recycling, or
composting;
(2) capital investment in infrastructure to start or expand
waste prevention, reuse, recycling, composting, or product
reuse programs;
(3) partnerships with local businesses interested in
incorporating new technologies or processes to reduce or
prevent waste in production or packaging; or
(4) community outreach and public education programming,
including programming to--
(A) increase community knowledge of effective waste
prevention, reuse, recycling, or composting; and
(B) increase behavior that will reduce overall
household waste generation.
SEC. 3. GRANT REVIEW.
(a) Grant Awardees.--Grants shall be awarded under this Act to
applicants that collectively represent a range of existing waste
prevention, reuse, recycling, and composting rates. In order to be
considered for this award, applicants must--
(1) set specific waste prevention, reuse, recycling,
composting, or public education goals that will bring
communities closer to zero waste;
(2) have a clearly established plan to use grant funds for
one or more of the purposes described in section 2; and
(3) meet other criteria as determined by the Administrator.
(b) Additional Factors.--Additional weight may be given to the
applications of local governments or consortia that--
(1) have statutorily committed to zero waste principles;
(2) demonstrate job creation;
(3) have partnerships with domestic manufacturers who will
use locally recycled materials to spur the growth of domestic
manufacturing businesses and the creation of domestic
manufacturing jobs;
(4) address the disproportionate environmental, health, and
economic burden of waste disposal that is borne by communities
of color and low income;
(5) propose to use funds for waste prevention, reuse, or
recycling programs in schools;
(6) employ adaptive management practices to identify and
address unintended consequences as they arise, including
potential contamination of land, water, air, or food;
(7) have a demonstrated need for additional investment in
infrastructure and programs to achieve waste prevention, reuse,
or recycling;
(8) will drive technologies for product reuse, recycling,
composting, or waste prevention;
(9) demonstrate ways in which the grant will encourage
further investment in waste prevention, reuse, recycling, or
composting projects; or
(10) incorporate multistakeholder involvement, including
nonprofit, commercial, and public sector partners.
SEC. 4. REPORTING.
Grant awardees shall report to the Administrator the results of
their project and relevant data requested by the Administrator to track
the grant program's impact.
SEC. 5. ANNUAL CONFERENCE.
The Administrator shall convene or co-convene an annual conference
for current, past, and potential grantees, and other stakeholders, to
learn from each other's experiences in moving toward a zero waste goal.
SEC. 6. DEFINITIONS.
In this Act:
(1) Recycling.--The term ``recycling'' means processing
material that has reached the end of its current use into
material utilized in the production of new products. The term
does not include incineration.
(2) Reuse.--The term ``reuse'' means extending the life of
a product, packaging, or resources by either using it more than
once for the same or a new function with little to no
processing, or repairing it so it can be used longer, sharing
or renting it, or selling or donating it to another party. The
term does not include incineration.
(3) Waste prevention.--The term ``waste prevention''
includes--
(A) measures or techniques that reduce the amount
of wastes generated during industrial production
processes; and
(B) reuse, recycling, and other efforts to reduce
the amount of waste going into the waste stream.
(4) Zero waste.--The term ``zero waste'' is a goal that is
ethical, economical, efficient, and visionary, to guide people
in changing their lifestyles and practices to emulate
sustainable natural cycles, where all discarded materials are
designed to become resources for others to use. Zero waste
means designing and managing products and processes to
systematically avoid and eliminate the volume and toxicity of
waste and materials, conserve and recover all resources, and
not burn or bury them. Implementing zero waste will eliminate
all discharges to land, water, or air that are a threat to
planetary, human, animal, or plant health.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator
$100,000,000 for the period encompassing fiscal years 2018 through 2023
for carrying out this Act. | Zero Waste Development and Expansion Act of 2017 This bill requires the Environmental Protection Agency (EPA) to award grants to local governments for developing solid waste prevention, reuse, and recycling tactics and operations. Applicants must set specific waste prevention, reuse, recycling, composting, or public education goals that will bring communities closer to zero waste. Zero waste is a goal to guide people towards emulating sustainable natural cycles, where all discarded materials are designed to become resources for others to use. The EPA must convene an annual conference for grantees and other stakeholders to learn about moving toward a zero waste goal. | Zero Waste Development and Expansion Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Benefits Protection Act''.
SEC. 2. REPEAL OF AUTHORITY FOR AGENT OR ATTORNEY REPRESENTATION IN
VETERANS BENEFITS CASES BEFORE THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Repeal.--Title 38, United States Code, is amended--
(1) in section 5904--
(A) in subsection (a)--
(i) by striking ``(1) Except as provided in
paragraph (4), the Secretary'' and inserting
``The Secretary'';
(ii) by striking paragraphs (2) through
(6); and
(iii) by inserting after the period at the
end the following new sentence: ``The Secretary
may require that individuals, before being
recognized under this section, show that they
are of good moral character and in good repute,
are qualified to render claimants valuable
service, and otherwise are competent to assist
claimants in presenting claims.''; and
(B) in subsection (b)--
(i) by striking paragraphs (6) through (9);
(ii) in paragraph (4), by inserting ``or''
after the semicolon; and
(iii) in paragraph (5), by striking the
semicolon and inserting a period;
(2) in section 5902(b)--
(A) by striking ``(1)'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in section 5903--
(A) by striking subsection (b); and
(B) by striking ``(a) In General--''.
(b) Repeal of Modification of Date for Commencement of Services.--
(1) In general.--Effective as provided in paragraph (2),
subsection (c) of section 5904 of such title is amended--
(A) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3);
(B) in paragraph (1)--
(i) by striking ``a notice of disagreement
is filed with respect to'' and inserting ``the
Board of Veterans' Appeals first makes a final
decision in'';
(ii) by inserting after ``in the case.''
the following new sentence: ``Such a fee may be
charged, allowed, or paid in the case of
services provided after such date only if an
agent or attorney is retained with respect to
such case before the end of the one-year period
beginning on that date.'';
(iii) in the last sentence, by striking
``fees charged, allowed, or paid for''; and
(iv) by striking ``paragraph (4)'' and
inserting ``paragraph (3)''; and
(C) in paragraph (2)--
(i) by striking ``after a notice of
disagreement is filed with respect to the
case'' and inserting ``after the Board first
makes a final decision in the case'';
(ii) by striking ``with the Secretary
pursuant to regulations prescribed by the
Secretary'' and inserting ``with the Board at
such time as may be specified by the Board'';
and
(iii) by adding at the end the following
new sentences: ``The Board, upon its own motion
or the request of either party, may review such
a fee agreement and may order a reduction in
the fee called for in the agreement if the
Board finds that the fee is excessive or
unreasonable. A finding or order of the Board
under the preceding sentence may be reviewed by
the United States Court of Appeals for Veterans
Claims under section 7263(d) of this title.''
(c) Repeal of Repeal of Penalty.--Section 5905 is amended by
inserting after ``Whoever'' the following: ``(1) directly or indirectly
solicits, contracts for, charges, or receives, or attempts to solicit,
contract for, charge, or receive, any fee or compensation except as
provided in sections 5904 or 1984 of this title, or (2)''.
(d) Conforming Repeals.--Section 101 of the Veterans Benefits,
Health Care, and Information Technology Act of 2006 (Public Law 109-
461) is amended--
(1) in subsection (c), by striking paragraph (2); and
(2) by striking subsections (h) and (i). | Veterans' Benefits Protection Act - Repeals the authority of the Secretary of Veterans Affairs to prescribe qualifications and standards of, and to set fees charged by, agents or attorneys representing veterans in claims before the Department of Veterans Affairs (VA). Authorizes the Secretary to require that such individuals show that they are of good moral character, and qualified and competent to assist claimants. Removes some instances under which the Secretary may suspend or exclude an agent or attorney from such representation.
Repeals the Secretary's authority to review and order a reduction in the fee charged to a claimant by an agent or attorney.
Imposes fines and criminal penalties for soliciting, contracting for, charging, or receiving any part of a benefit or claim allowed to a claimant (or attempting such acts). | To amend title 38, United States Code, to repeal the authority for agent or attorney representation in veterans benefits cases before the Department of Veterans Affairs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Seller-Financed Downpayment
Reform Act of 2009''.
SEC. 2. FHA SELLER-FINANCED DOWNPAYMENT PROGRAM.
Paragraph (9) of section 203(b) of the National Housing Act (12
U.S.C. 1709(b)(9)) is amended--
(1) in subparagraph (C), by striking ``In no case shall the
funds required by subparagraph (A)'' and inserting the
following: ``Except in the case of a mortgage described in
subparagraph (D), the funds required by subparagraph (A) shall
not''; and
(2) by adding at the end the following new subparagraphs:
``(D) Exceptions to prohibited sources.--A mortgage
described in this subparagraph is any of the following
mortgages:
``(i) A mortgage under which the mortgagor
has a credit score equivalent to a FICO score
of 680 or greater.
``(ii) A mortgage under which--
``(I) the mortgagor has a credit
score equivalent to a FICO score of at
least 620 but less than 680; and
``(II) mortgage insurance premiums
charged are established--
``(aa) at levels necessary,
but no higher than needed, to
allow such class of loans to be
insured without resulting in a
need for an appropriation for a
credit subsidy, which may
exceed the maximum amount
permitted under section
203(c)(2)(B);
``(bb) in the case of the
single premium collected at the
time of insurance, in an amount
not exceeding 3.0 percent of
the amount of the original
principal obligation of the
mortgage; and
``(cc) in the case of the
annual premium for a mortgage
under which the mortgagor has a
credit score equivalent to a
FICO score of at least 640 but
less than 680, in an amount not
exceeding 1.25 percent of the
remaining insured principal
balance (excluding the portion
of the remaining balance
attributable to the premium
collected at the time of
insurance and without taking
into account delinquent
payments or prepayments).
``(iii) For mortgages insured in fiscal
year 2010 or thereafter, a mortgage under which
the mortgagor has a credit score equivalent to
a FICO score of 619 or less, but only if the
Secretary certifies that such loans can be
insured without resulting in a need for an
appropriation for a credit subsidy. For such
mortgages, the Secretary may charge premiums at
levels authorized under items (bb) and (cc) of
clause (ii)(II) and may establish a credit or
FICO score limitation or impose such other
requirements as are necessary to meet the
conditions for certification under this clause.
``(E) Requirements for downpayment assistance
entities.--Any entity participating in a program that
provides downpayment assistance for a mortgage
described in subparagraph (D) pursuant to the exception
under subparagraph (C), which programs shall include
programs of governmental agencies and private nonprofit
organizations, shall, before the closing for the loan
involved in the mortgage in connection with which such
assistance is provided--
``(i) offer to make available, to the
mortgagor, counseling regarding the
responsibilities and financial management
involved in homeownership;
``(ii) if such offer is accepted by the
mortgagor, make such counseling available for
the mortgagor; and
``(iii) in the case of any such entity that
is a private nonprofit organization, implement
a conflict of interest policy that prohibits
directors, officers, employees, and immediate
family members from receiving financial
benefits from any entity that is providing the
program with goods or services other than the
homeownership assistance program entity itself
or its wholly owned affiliate.
``(F) Civil money penalties for improperly
influencing appraisals.--The Secretary may impose a
civil money penalty, in the same manner and to the same
extent as for a violation under section 536, for
compensating, instructing, inducing, coercing, or
intimidating any person who conducts an appraisal of
the property to be subject to a mortgage described in
subparagraph (D) and under which any part of the funds
required by subparagraph (A) are provided to a party
described in subparagraph (C), or attempting to
compensate, instruct, induce, coerce, or intimidate
such a person, for the purpose of causing the appraised
value assigned to the property under the appraisal to
be based on any other factor other than the independent
judgment of such person exercised in accordance with
applicable professional standards.''. | FHA Seller-Financed Downpayment Reform Act of 2009 - Amends the National Housing Act to make exceptions to the prohibition against mortgage insurance for mortgages involving a downpayment using funds furnished by: (1) the seller or any party that benefits financially from the transaction (seller-financed downpayment); or (2) any third party that is reimbursed by the seller or any such party.
Makes eligible for mortgage insurance, in spite of a seller-financed downpayment, any mortagors with credit scores equivalent to a FICO score of: (1) 680 or more; (2) at least 620 but less than 680; or (3) 619 or less. Prescribes conditions for mortgage insurance in the latter two situations. | To revise the requirements for seller-financed downpayments for mortgages for single-family housing insured by the Secretary of Housing and Urban Development under title II of the National Housing Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to E-File Act''.
SEC. 2. ELECTRONIC FILING AND RETRIEVAL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in accordance with subsection (c), the Secretary
of Agriculture (referred to in this Act as the ``Secretary'') shall, to
the maximum extent practicable, establish an Internet-based system that
enables agricultural producers to access all forms of the agencies of
the Department of Agriculture (referred to in this Act as the
``Department'') specified in subsection (b).
(b) Applicability.--The agencies referred to in subsection (a) are
the following:
(1) The Farm Service Agency.
(2) The Natural Resources Conservation Service.
(3) The rural development components of the Department included
in the Secretary's service center initiative regarding State and
field office collocation implemented pursuant to section 215 of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6915).
(4) The agricultural producer programs component of the
Commodity Credit Corporation administered by the Farm Service
Agency and the Natural Resources Conservation Service.
(c) Implementation.--In carrying out subsection (a), the Secretary
shall--
(1) provide a method by which agricultural producers may--
(A) download from the Internet the forms of the agencies
specified in subsection (b); and
(B) submit completed forms via electronic facsimile, mail,
or similar means;
(2) redesign the forms by incorporating into the forms user-
friendly formats and self-help guidance materials; and
(3) ensure that the agencies specified in subsection (b)--
(A) use computer hardware and software that is compatible
among the agencies and will operate in a common computing
environment; and
(B) develop common Internet user-interface locations and
applications to consolidate the agencies' news, information,
and program materials.
(d) Progress Reports.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that describes the progress made toward implementing the Internet-based
system required under this section.
SEC. 3. ACCESSING INFORMATION AND FILING OVER THE INTERNET.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, in accordance with subsection (b), the Secretary shall
expand implementation of the Internet-based system established under
section 2 by enabling agricultural producers to access and file all
forms and, at the option of the Secretary, selected records and
information of the agencies of the Department specified in section
2(b).
(b) Implementation.--In carrying out subsection (a), the Secretary
shall ensure that an agricultural producer is able--
(1) to file electronically or in paper form, at the option of
the agricultural producer, all forms required by agencies of the
Department specified in section 2(b);
(2) to file electronically or in paper form, at the option of
the agricultural producer, all documentation required by agencies
of the Department specified in section 2(b) and determined
appropriate by the Secretary; and
(3) to access information of the Department concerning farm
programs, quarterly trade, economic, and production reports, and
other similar production agriculture information that is readily
available to the public in paper form.
SEC. 4. AVAILABILITY OF AGENCY INFORMATION TECHNOLOGY FUNDS.
(a) Reservation of Funds.--From funds made available for agencies
of the Department specified in section 2(b) for information technology
or information resource management, the Secretary shall reserve from
those agencies' applicable accounts a total amount equal to not more
than the following:
(1) For fiscal year 2001, $3,000,000.
(2) For each subsequent fiscal year, $2,000,000.
(b) Time for Reservation.--The Secretary shall notify Congress of
the amount to be reserved under subsection (a) for a fiscal year not
later than December 1 of that fiscal year.
(c) Use of Funds.--
(1) Establishment.--Funds reserved under subsection (a) shall
be used to establish the Internet-based system required under
section 2 and to expand the system as required by section 3.
(2) Maintenance.--Once the system is established and
operational, reserved amounts shall be used for maintenance and
improvement of the system.
(d) Return of Funds.--Funds reserved under subsection (a) and
unobligated at the end of the fiscal year shall be returned to the
agency from which the funds were reserved, to remain available until
expended.
SEC. 5. FEDERAL CROP INSURANCE CORPORATION AND RISK MANAGEMENT AGENCY.
(a) In General.--Not later than December 1, 2000, the Federal Crop
Insurance Corporation and the Risk Management Agency shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a plan,
that is consistent with this Act, to allow agricultural producers to--
(1) obtain, over the Internet, from approved insurance
providers all forms and other information concerning the program
under the jurisdiction of the Corporation and Agency in which the
agricultural producer is a participant; and
(2) file electronically all paperwork required for
participation in the program.
(b) Administration.--The plan shall--
(1) conform to sections 2(c) and 3(b); and
(2) prescribe--
(A) the location and type of data to be made available to
agricultural producers;
(B) the location where agricultural producers can
electronically file their paperwork; and
(C) the responsibilities of the applicable parties,
including agricultural producers, the Risk Management Agency,
the Federal Crop Insurance Corporation, approved insurance
providers, crop insurance agents, and brokers.
(c) Implementation.--Not later than December 1, 2001, the Federal
Crop Insurance Corporation and the Risk Management Agency shall
complete implementation of the plan submitted under subsection (a).
SEC. 6. CONFIDENTIALITY.
In carrying out this Act, the Secretary--
(1) may not make available any information over the Internet
that would otherwise not be available for release under section 552
or 552a of title 5, United States Code; and
(2) shall ensure, to the maximum extent practicable, that the
confidentiality of persons is maintained.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary to: (1) provide for downloading and filing of user-friendly forms and self-help guidance materials; and (2) ensure computer system interoperability.(Sec. 3) Directs the Secretary to expand such system to permit producers to access and file all forms, and at the option of the Secretary, access selected records and information.(Sec. 4) Directs the Secretary to reserve specified funds beginning in FY 2001 for such Internet-based system.(Sec. 5) Directs the Federal Crop Insurance Corporation and the Risk Management Agency to submit by December 1, 2000, and implement by December 1, 2001, a plan to permit agricultural producers to obtain and file all appropriate insurance forms over the Internet.Directs the Secretary to provide for participant confidentiality and information protection. | Freedom to E-File Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Liberty Protection Act of
1999''.
SEC. 2. PROTECTION OF RELIGIOUS EXERCISE.
(a) General Rule.--Except as provided in subsection (b), a
government shall not substantially burden a person's religious
exercise--
(1) in a program or activity, operated by a government,
that receives Federal financial assistance; or
(2) in any case in which the substantial burden on the
person's religious exercise affects, or in which a removal of
that substantial burden would affect, commerce with foreign
nations, among the several States, or with Indian tribes,
even if the burden results from a rule of general applicability.
(b) Exception.--A government may substantially burden a person's
religious exercise if the government demonstrates that application of
the burden to the person--
(1) is in furtherance of a compelling governmental
interest; and
(2) is the least restrictive means of furthering that
compelling governmental interest.
(c) Remedies of the United States.--Nothing in this section shall
be construed to authorize the United States to deny or withhold Federal
financial assistance as a remedy for a violation of this Act. However,
nothing in this subsection shall be construed to deny, impair, or
otherwise affect any right or authority of the Attorney General or the
United States or any agency, officer, or employee thereof under other
law, including section 4(d) of this Act, to institute or intervene in
any action or proceeding.
SEC. 3. ENFORCEMENT OF CONSTITUTIONAL RIGHTS.
(a) Procedure.--If a claimant produces prima facie evidence to
support a claim alleging a violation of the Free Exercise Clause or a
violation of a provision of this Act enforcing that clause, the
government shall bear the burden of persuasion on any element of the
claim; however, the claimant shall bear the burden of persuasion on
whether the challenged government practice, law, or regulation burdens
or substantially burdens the claimant's exercise of religion.
(b) Land Use Regulation.--
(1) Limitation on land use regulation.--
(A) Where, in applying or implementing any land use
regulation or exemption, or system of land use
regulations or exemptions, a government has the
authority to make individualized assessments of the
proposed uses to which real property would be put, the
government may not impose a substantial burden on a
person's religious exercise, unless the government
demonstrates that application of the burden to the
person is in furtherance of a compelling governmental
interest and is the least restrictive means of
furthering that compelling governmental interest.
(B) No government shall impose or implement a land
use regulation in a manner that does not treat
religious assemblies or institutions on equal terms
with nonreligious assemblies or institutions.
(C) No government shall impose or implement a land
use regulation that discriminates against any assembly
or institution on the basis of religion or religious
denomination.
(D) No government with zoning authority shall
unreasonably exclude from the jurisdiction over which
it has authority, or unreasonably limit within that
jurisdiction, assemblies or institutions principally
devoted to religious exercise.
(2) Full faith and credit.--Adjudication of a claim of a
violation of the Free Exercise Clause or this subsection in a
non-Federal forum shall be entitled to full faith and credit in
a Federal court only if the claimant had a full and fair
adjudication of that claim in the non-Federal forum.
(3) Nonpreemption.--Nothing in this subsection shall
preempt State law that is equally or more protective of
religious exercise.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert a violation of this Act
as a claim or defense in a judicial proceeding and obtain appropriate
relief against a government. Standing to assert a claim or defense
under this section shall be governed by the general rules of standing
under article III of the Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by inserting ``the Religious Liberty Protection Act of
1998,'' after ``Religious Freedom Restoration Act of 1993,'';
and
(2) by striking the comma that follows a comma.
(c) Prisoners.--Any litigation under this Act in which the claimant
is a prisoner shall be subject to the Prison Litigation Reform Act of
1995 (including provisions of law amended by that Act).
(d) Authority of United States To Enforce This Act.--The United
States may sue for injunctive or declaratory relief to enforce
compliance with this Act.
SEC. 5. RULES OF CONSTRUCTION.
(a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
(b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis for restricting or burdening religious exercise or for
claims against a religious organization, including any religiously
affiliated school or university, not acting under color of law.
(c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require
government to incur expenses in its own operations to avoid imposing a
burden or a substantial burden on religious exercise.
(d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
(1) authorize a government to regulate or affect, directly
or indirectly, the activities or policies of a person other
than a government as a condition of receiving funding or other
assistance; or
(2) restrict any authority that may exist under other law
to so regulate or affect, except as provided in this Act.
(e) Governmental Discretion in Alleviating Burdens on Religious
Exercise.--A government may avoid the preemptive force of any provision
of this Act by changing the policy that results in the substantial
burden on religious exercise, by retaining the policy and exempting the
burdened religious exercise, by providing exemptions from the policy
for applications that substantially burden religious exercise, or by
any other means that eliminates the substantial burden.
(f) Effect on Other Law.--In a claim under section 2(a)(2) of this
Act, proof that a substantial burden on a person's religious exercise,
or removal of that burden, affects or would affect commerce, shall not
establish any inference or presumption that Congress intends that any
religious exercise is, or is not, subject to any other law.
(g) Broad Construction.--This Act should be construed in favor of a
broad protection of religious exercise, to the maximum extent permitted
by its terms and the Constitution.
(h) Severability.--If any provision of this Act or of an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the first amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ``Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. As
used in this section, the term ``granting'', used with respect to
government funding, benefits, or exemptions, does not include the
denial of government funding, benefits, or exemptions.
SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.
(a) Definitions.--Section 5 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
(1) in paragraph (1), by striking ``a State, or subdivision
of a State'' and inserting ``a covered entity or a subdivision
of such an entity'';
(2) in paragraph (2), by striking ``term'' and all that
follows through ``includes'' and inserting ``term `covered
entity' means''; and
(3) in paragraph (4), by striking all after ``means,'' and
inserting ``any exercise of religion, whether or not compelled
by, or central to, a system of religious belief, and includes
(A) the use, building, or conversion of real property by a
person or entity intending that property for religious
exercise; and (B) any conduct protected as exercise of religion
under the first amendment to the Constitution.''.
(b) Conforming Amendment.--Section 6(a) of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking
``and State''.
SEC. 8. DEFINITIONS.
As used in this Act--
(1) the term ``religious exercise'' means any exercise of
religion, whether or not compelled by, or central to, a system
of religious belief, and includes (A) the use, building, or
conversion of real property by a person or entity intending
that property for religious exercise; and (B) any conduct
protected as exercise of religion under the first amendment to
the Constitution;
(2) the term ``Free Exercise Clause'' means that portion of
the first amendment to the Constitution that proscribes laws
prohibiting the free exercise of religion and includes the
application of that proscription under the 14th amendment to
the Constitution;
(3) the term ``land use regulation'' means a law or
decision by a government that limits or restricts a private
person's uses or development of land, or of structures affixed
to land, where the law or decision applies to one or more
particular parcels of land or to land within one or more
designated geographical zones, and where the private person has
an ownership, leasehold, easement, servitude, or other property
interest in the regulated land, or a contract or option to
acquire such an interest;
(4) the term ``program or activity'' means a program or
activity as defined in paragraph (1) or (2) of section 606 of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a);
(5) the term ``demonstrates'' means meets the burdens of
going forward with the evidence and of persuasion; and
(6) the term ``government''--
(A) means--
(i) a State, county, municipality, or other
governmental entity created under the authority
of a State;
(ii) any branch, department, agency,
instrumentality, subdivision, or official of an
entity listed in clause (i); and
(iii) any other person acting under color
of State law; and
(B) for the purposes of sections 3(a) and 5,
includes the United States, a branch, department,
agency, instrumentality or official of the United
States, and any person acting under color of Federal
law.
Passed the House of Representatives July 15, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Religious Liberty Protection Act of 1999 - Prohibits a government (defined as a State, an entity created under State authority, the United States, an instrumentality or official of the United States, or any person acting under color of State or Federal law) from substantially burdening a person's religious exercise: (1) in a government-operated program or activity receiving Federal financial assistance; or (2) in any case in which the burden affects, or in which removal of the burden would affect, international or interstate commerce or commerce with Indian tribes. Allows a substantial burden if the government demonstrates that it is the least restrictive means of furthering a compelling governmental interest. (Sec. 3) Places the burden of persuasion, when a claimant alleges a violation of the Free Exercise Clause or this Act, on: (1) the claimant regarding whether a substantial burden exists; and (2) the State regarding any other element of the claim. Prohibits a State, when applying a land use regulation or exemption in which the State has the authority to make individual assessments of proposed uses, from imposing a substantial burden unless the State demonstrates a that the burden is the least restrictive means of furthering a compelling governmental interest. Prohibits a State from: (1) imposing a land use regulation in a way that does not treat religious assemblies or institutions on equal terms with nonreligious assemblies or institutions; (2) imposing a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination; or (3) unreasonably excluding or limiting from a jurisdiction assemblies or institutions principally devoted to religious exercise. Declares that adjudication of a claim of a violation of the Free Exercise Clause or this paragraph in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Empowers a person to assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government, with standing governed by general standing rules under article III of the Constitution. Amends Federal law to add a reference to the Religious Liberty Protection Act of 1998 (sic) to provisions allowing the award of attorney's fees. Applies the Prison Litigation Reform Act of 1995 to litigation under this Act by prisoners. Empowers the United States to sue for injunctive or declaratory relief to enforce this Act. (Sec. 5) Declares that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for burdening religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive government funding or assistance or of any person to receive government funding for a religious activity (but allows this Act to require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise); (4) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. Declares that this Act should be construed in favor of broad protection of religious exercise, to the maximum extent permitted by its terms and the Constitution. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to end its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution. (Sec. 8) Defines, for this Act, religious exercise to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution. | Religious Liberty Protection Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Science Career Education
Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means a consortium between or among at least 1
local educational agency, at least 1 institution of higher
education, and representatives of the community, including
nonprofit organizations, local or regional employers (including
State agencies) with a documented workforce need in the
computer science sector, workforce investment boards or other
entities providing employment services, regional economic
development organizations, industry associations,
representatives of labor organizations, or central labor
coalitions, where appropriate, and parents and students.
(2) Institution of higher education.--The term
``institution of higher education'' means--
(A) an institution of higher education as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001); or
(B) a postsecondary vocational institution as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c)).
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) In General.--From the amounts appropriated to carry out this
section, the Secretary shall award grants, on a competitive basis, to
eligible partnerships to enable such partnerships to develop and
operate a 4- or 6-year computer science career education program.
(b) Application.--
(1) In general.--Each eligible partnership that desires to
receive a grant under this Act shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(2) Content.--Each application submitted under paragraph
(1) shall--
(A) describe the eligible partners and partnership,
the roles and responsibilities of each partner, and a
demonstration of each partner's ability to support the
proposed program;
(B) describe how the eligible partnership will
implement a computer science career education program,
as described in subsection (c);
(C) ensure funding under the grant program is spent
in a coordinated manner with other local resources;
(D) describe the State or local workforce
shortages, as determined by the relevant State agency
in charge of workforce data, in the computer science
sector;
(E) make information, including career guidance and
advisement resources, available about the program;
(F) ensure non-duplication of the partnership's
development of computer science career education
programs;
(G) ensure equitable access to the program; and
(H) demonstrate alignment of the partnership's
computer science career education program to the State
or local computer science sector.
(c) Content of Computer Science Career Education Program.--An
eligible partnership that receives a grant under this Act shall use the
grant funds to develop and operate a 4- or 6-year computer science
career education program that--
(1) includes the development of computer science programs
for both secondary education and postsecondary education that--
(A) are aligned with rigorous computer science
standards for kindergarten through grade 12 computer
science education;
(B) link secondary schools and institutions of
higher education through non-duplicative sequences of
courses in computer science career fields, including
the investigation of opportunities for secondary
students to enroll concurrently in secondary and
postsecondary coursework;
(C) use, if appropriate and available, work-based
or worksite learning in conjunction with business;
(D) use educational technology and distance
learning, as appropriate, to involve all of the
partners in the eligible partnership more fully in the
development and operation of the programs;
(E) stay current with the needs, expectations, and
methods of business; and
(F) create innovative opportunities for students
that lead to student attainment of industry-recognized
credentials;
(2) includes professional development for teachers that--
(A) is designed to prepare teachers to teach the
fundamental concepts of computer science using
effective teaching methods for all students;
(B) provides for joint training for teachers in the
eligible partnership, including between secondary and
postsecondary teachers and core academic teachers and
career and technical education teachers at both the
secondary level and postsecondary level;
(C) is designed to ensure that teachers and
administrators are aware of current career pathways and
the needs and expectations of business and industry;
(D) focuses on training postsecondary and secondary
education faculty in the use of contextual and applied
curricula and instruction; and
(E) if needed, ensures secondary school teachers
are qualified to teach postsecondary courses in the
secondary school according to articulation agreements;
(3) includes career and academic counseling for the
students that--
(A) provides information to students regarding
available computer science career education programs;
(B) supports student progress in completing
computer science career education programs;
(C) provides labor market information on local,
State, regional, and national computer science
employment opportunities, such as occupation demand,
education requirements, and expected compensation; and
(D) tracks student placement in appropriate
employment, or transfer to an institution of higher
education; and
(4) provides equal access to the full range of career
education programs, to individuals who are members of
underrepresented groups and special populations, including the
development of program services appropriate to the needs of
special populations.
(d) Additional Authorized Activities.--An eligible partnership that
receives a grant under this Act may use the grant funds to--
(1) provide for the acquisition of computer equipment,
software, and software licenses to directly develop and support
a computer science program;
(2) acquire technical assistance from State or local
entities that have designed, established, and operated career
education programs that have effectively used educational
technology and distance learning in the delivery of curricula
and services and in the articulation process; and
(3) establish articulation agreements with institutions of
higher education, and cooperative agreements with labor
organizations, or business located inside or outside the State
and served by the eligible partnership, especially with regard
to using distance learning and educational technology to
provide for the delivery of services and programs. | Computer Science Career Education Act of 2014 - Directs the Secretary of Education to award competitive grants to consortia composed of at least one local educational agency, at least one institution of higher education (IHE), and community representatives for the development and operation of four- or six-year computer science career education programs. Requires each program to include the development of computer science programs for both secondary and postsecondary education that: are aligned with rigorous computer science standards for kindergarten through grade 12 computer science education; link secondary schools and IHEs through non-duplicative sequences of courses in computer science career fields; use, if appropriate and available, work-based or worksite learning in conjunction with business; use educational technology and distance learning, as appropriate, to involve all members of the consortium more fully in the development and operation of the programs; stay current with business needs, expectations, and methods; and create innovative opportunities for students that lead to student attainment of industry-recognized credentials. Requires each program to also provide: (1) professional development for teachers, (2) career and academic counseling for students, and (3) equal access to the full range of career education programs to members of underrepresented groups and special populations. | Computer Science Career Education Act of 2014 |
SECTION 1. COMMISSION TO REVIEW BENEFITS PROVIDED BY EACH STATE TO
DISABLED VETERANS.
(a) Establishment.--There is established a commission to be known
as the ``State Veterans' Benefits Commission''.
(b) Duties.--The Commission shall evaluate--
(1) the total amount of benefits provided by each State to
a covered veteran residing in such State (including those
benefits that a State provides to a resident regardless of
whether the resident is a covered veteran); and
(2) the method in which each State establishes the amount
of benefits for veterans based on the disability rating of the
veteran.
(c) Membership.--
(1) In general.--The Commission shall be composed of seven
members appointed as follows:
(A) One individual appointed by the Speaker of the
House of Representatives.
(B) One individual appointed jointly by the
President of the Senate and the President pro tempore
of the Senate.
(C) One individual appointed by the minority leader
of the House of Representatives.
(D) One individual appointed by the minority leader
of the Senate.
(E) Three individuals appointed by the President.
(2) Appointments.--Appointments under paragraph (1) shall
be made not later than 30 days after the date of the enactment
of this Act.
(3) Qualifications.--Of the seven individuals appointed
under paragraph (1)--
(A) not less than three shall be disabled veterans;
and
(B) not less than one shall be a medical doctor.
(4) Chairperson and vice chairperson.--The Chairperson and
Vice Chairperson of the Commission shall be elected by the
members.
(5) Terms.--Each member shall be appointed for the life of
the Commission.
(6) Vacancy.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after each
member is appointed under subsection (c)(1), the Commission
shall hold its initial meeting.
(2) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(3) Quorum.--A majority of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(e) Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall serve without pay.
(2) Travel expense.--Each member 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.
(f) Staff.--
(1) Director.--The Commission shall have a director who
shall be appointed by the Chairperson.
(2) Staff.--Subject to rules prescribed by the Commission,
the Chairperson may appoint additional personnel as the
Chairperson considers appropriate.
(3) Applicability of certain civil service laws.--The
director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(4) Experts and consultants.--Subject to rules prescribed
by the Commission, the Chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Staff to federal agencies.--Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer
oaths or affirmations to witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(h) Report.--Not later than 60 days after the initial meeting under
subsection (d)(1), the Commission shall submit to the Committee on
Veterans' Affairs of the House of Representatives and the Committee on
Veterans' Affairs of the Senate a report on the evaluation made under
subsection (b), including--
(1) the results of the evaluation;
(2) a list of States ranked in order of the amount of
benefits provided to covered veterans residing in the State;
(3) the recommended amount of benefits the Commission
determines necessary for a State to provide covered veterans
residing in the State to ensure that such veterans have
adequate care, assistance, and financial security;
(4) recommendations as to how States can improve the
benefits provided to covered veterans residing in the State;
(5) relevant background and statistical information
associated with the recommendations under paragraphs (3) and
(4); and
(6) other information the Commission determines
appropriate.
(i) Termination.--The Commission shall terminate on the date that
is two months after the date on which the Commission submits the report
pursuant to subsection (h).
(j) Covered Veteran Defined.--In this section, the term ``covered
veteran'' means a veteran with a disability that is--
(1) rated total for the purposes of disability compensation
under chapter 11 of title 38, United States Code; and
(2) based upon an impairment reasonably certain to continue
throughout the life of the veteran. | Establishes the State Veterans' Benefits Commission to evaluate the total amount of benefits provided by each state to resident veterans with a total and permanent disability rating, as well as the method in which each state establishes the amount of such benefits based on such disability rating. Requires the Commission to report evaluation results to the congressional veterans committees. | To establish a commission to review benefits provided by each State to disabled veterans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf States Protection and
Restoration Coordination Act''.
SEC. 2. FINDINGS, SENSE OF CONGRESS, AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Gulf of Mexico is a valuable resource of national
and international importance, continuously serving the people
of the United States and other countries as an important source
of food, economic productivity, recreation, beauty, and
enjoyment.
(2) Over many years, the resource productivity and water
quality of the Gulf of Mexico and its watershed have been
diminished by point and nonpoint source pollution, increasing
population demands, economic development, and natural and man-
made hazard events.
(3) The protection of the Gulf of Mexico regional ecosystem
has been traditionally underserved and overlooked compared to
other great water bodies of the United States, even though the
region accounts for 17 percent of United States gross domestic
product and would rank as the 7th largest economy in the world.
(b) Sense of Congress.--It is the sense of Congress that the United
States should seek to attain coordination of the protection and
restoration efforts of the Gulf of Mexico in order to reduce
duplication of efforts and maximize efficiencies through a
collaborative regional effort by the Gulf of Mexico Alliance, in
consultation with Federal agencies and State and local authorities.
(c) Purposes.--The purposes of this Act are as follows:
(1) To expand and strengthen cooperative voluntary efforts
to protect and restore the Gulf of Mexico.
(2) To expand Federal support for monitoring, management,
and restoration activities in the Gulf of Mexico and its
watershed.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of, the
Gulf of Mexico.
(4) To establish a Gulf of Mexico Alliance to coordinate
Federal and State authorities with other voluntary efforts for
the collaborative management of the large marine ecosystem,
thereby reducing duplication of efforts and maximizing
opportunities to leverage restoration support in the Gulf of
Mexico region.
SEC. 3. GULF STATES PROTECTION AND RESTORATION COORDINATION.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by adding at the end the following:
``SEC. 120. GULF STATES PROTECTION AND RESTORATION COORDINATION.
``(a) Definitions.--In this section:
``(1) Alliance management team.--The term `Alliance
Management Team' means the governing body of the Gulf of Mexico
Alliance consisting of the designated voting members
representing the Governors of Alabama, Florida, Louisiana,
Mississippi, and Texas.
``(2) Gulf of mexico alliance.--The term `Gulf of Mexico
Alliance' means the formal collaborative organization of
Federal, State, local, and private participants established by
the 5 Gulf States in 2004 as a nonregulatory, inclusive network
of partners to provide a broad geographic focus on the primary
environmental issues affecting the Gulf of Mexico.
``(3) Gulf of mexico ecosystem.--The term `Gulf of Mexico
ecosystem' means the ecosystem of the Gulf of Mexico and its
watershed.
``(b) Authorization of Gulf of Mexico Alliance.--
``(1) Designation as a regional coordination partnership.--
The Gulf of Mexico Alliance is designated as a Regional
Coordination Partnership of the National Oceanic and
Atmospheric Administration of the Department of Commerce.
``(2) Requirements.--The Gulf of Mexico Alliance shall be--
``(A) headed by a Director who, by reason of
management experience and technical expertise relating
to the Gulf of Mexico, is highly qualified to direct
the development of plans and programs on a variety of
Gulf of Mexico issues, as determined by the Alliance
Management Team; and
``(B) located in a State all, or a portion of the
coastline, of which is on the Gulf of Mexico.
``(3) Functions.--The Gulf of Mexico Alliance shall--
``(A) promote coordination of the actions of State
agencies in the States that border the Gulf of Mexico
and other authorities with the actions of the
appropriate officials of the Federal agencies and State
and local authorities in the Gulf of Mexico region in
developing strategies--
``(i) to improve the water quality, protect
nonregulated living resources, increase
valuable habitats, and enhance coastal
resilience in the Gulf of Mexico ecosystem; and
``(ii) to obtain the support of appropriate
officials;
``(B) in cooperation with appropriate Federal,
State, and local authorities, develop and implement
specific action plans to carry out the Gulf of Mexico
Alliance regional protection and restoration
coordination goals;
``(C) coordinate and implement priority plans and
projects, and facilitate science, research, modeling,
monitoring, data collection, and other activities that
support the Gulf of Mexico Alliance's goals through the
provision of grants under subsection (c);
``(D) implement outreach programs for public
information, education, and participation to foster
stewardship of the resources of the Gulf of Mexico;
``(E) develop and make available, through
publications, technical assistance, and other
appropriate means, information pertaining to the
environmental quality and living resources of the Gulf
of Mexico ecosystem;
``(F) serve as the liaison with, and provide
information to, the Mexican members of the Gulf of
Mexico States Accord and Mexican counterparts; and
``(G) focus the efforts and resources of the Gulf
of Mexico Alliance on activities that will result in
measurable improvements to water quality and living
resources of the Gulf of Mexico ecosystem by
coordinating protection and restoration programs to
minimize duplication and maximize leveraging
opportunities.
``(c) Grants.--
``(1) In general.--The Gulf of Mexico Alliance may provide
grants to nonprofit organizations, State and local governments,
colleges, universities, interstate agencies, and individuals to
carry out this section for use in--
``(A) monitoring the water quality and living
resources of the Gulf of Mexico ecosystem;
``(B) researching the effects of natural and human-
induced environmental changes on the water quality and
living resources of the Gulf of Mexico ecosystem;
``(C) developing and executing cooperative
strategies that address the water quality and living
resource needs in the Gulf of Mexico ecosystem;
``(D) developing and implementing locally based
protection and restoration programs or projects within
a watershed that complement such strategies, including
the creation, restoration, protection, or enhancement
of habitat associated with the Gulf of Mexico
ecosystem; and
``(E) eliminating or reducing nonpoint sources that
discharge pollutants that contaminate the Gulf of
Mexico ecosystem, including activities to eliminate
leaking septic systems and construct connections to
local sewage systems.
``(2) Administrative costs.--Administrative costs in the
form of salaries, overhead, or indirect costs for services
provided and charged against programs or projects carried out
using funds made available through a grant under this
subsection shall not exceed 25 percent of the amount of the
grant.
``(d) Reports.--
``(1) Annual report.--Not later than December 30, 2016, and
annually thereafter, the Director of the Alliance shall submit
to the Administrator of the National Oceanic and Atmospheric
Administration and make available to the public a report that
describes--
``(A) each project and activity funded under this
section during the previous fiscal year;
``(B) the goals and objectives of those projects
and activities; and
``(C) the net benefits of projects and activities
funded under this section during previous fiscal years.
``(2) Assessment.--
``(A) In general.--Not later than April 30, 2019,
and every 3 years thereafter, the Administrator of the
National Oceanic and Atmospheric Administration, in
coordination with the Alliance Management Team, shall
complete an assessment on the effectiveness of the Gulf
of Mexico Alliance's ability to coordinate regional
priorities and submit to Congress a comprehensive
report on such assessment.
``(B) Requirements.--The assessment and report
described in subparagraph (A) shall--
``(i) assess the overall status of
coordinated restoration and protection efforts
in the Gulf of Mexico ecosystem;
``(ii) assess the effectiveness of the Gulf
of Mexico Alliance management strategies being
implemented, and the extent to which the
priority needs of the region are being met
through that implementation; and
``(iii) make recommendations for the
improved coordination among the regulatory and
nonregulatory programs operating in the region,
including strengthening strategies being
implemented or adopting improved strategies.
``(e) Budget Item.--The Administrator of the National Oceanic and
Atmospheric Administration, in the annual submission to Congress of the
budget of the National Oceanic and Atmospheric Administration, shall
include a funding line item request for the Alliance as a separate
budget line item.
``(f) Limitation on Regulatory Authority.--Nothing in this section
establishes any new legal or regulatory authority of the National
Oceanic and Atmospheric Administration or the Gulf of Mexico Alliance,
itself, other than the authority to provide grants in accordance with
this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
``(1) $5,000,000 for fiscal year 2017;
``(2) $5,100,000 for fiscal year 2018;
``(3) $5,202,000 for fiscal year 2019;
``(4) $5,306,040 for fiscal year 2020;
``(5) $5,412,160 for fiscal year 2021; and
``(6) $5,520,404 for fiscal year 2022.''. | Gulf States Protection and Restoration Coordination Act This bill amends the Coastal Zone Management Act to designate the Gulf of Mexico Alliance (GOMA) as a regional coordination entity of the National Oceanic and Atmospheric Administration (NOAA). The regional coordination would strengthen collaboration efforts among federal, state, local, and private participants in the five Gulf states (Alabama, Florida, Louisiana, Mississippi, and Texas) to restore and protect the Gulf of Mexico ecosystem. The designation authorizes the GOMA to: unify the efforts of participants to efficiently restore and protect the ecosystem, provide grants to implement specific action plans that meet coordination goals, improve water quality in the ecosystem, publish information about living coastal and marine resources in the ecosystem, develop public outreach programs that foster stewardship of the ecosystem, and serve as the liaison to the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts. Any grants issued by the GOMA for ecosystem research can be used to: monitor and develop strategies that address water quality needs, investigate the effects of natural and human-induced changes, restore and sustain living coastal and marine resources, restore and conserve key habitats, or eliminate contamination problems. In addition, the GOMA is required to submit to NOAA an annual report that describes the goals, objectives, and benefits of any efforts undertaken to strengthen cooperation among participants in restoring and protecting the Gulf of Mexico ecosystem. Furthermore, NOAA is required to submit to Congress an assessment, every three years, on the effectiveness of the GOMA's ability to coordinate regional restoration and protection efforts in the ecosystem. | Gulf States Protection and Restoration Coordination Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infrastructure Growth and Employment
Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the national economy has failed for several years to
maintain sufficient levels of economic growth;
(2) the current inadequate levels of economic activity and
job creation are anticipated to persist into the foreseeable
future;
(3) this prospect will mean continued high rates of
business failures and unemployment, increased Federal spending
and reduced revenues, thereby deepening the Federal deficit;
(4) recovery of the economy and reduction of the Federal
deficit depend on the creation of higher levels of employment
and economic activity;
(5) in recent years all levels of government have neglected
to add to or maintain existing public infrastructure essential
to economic efficiency and the future prosperity of the
country; and
(6) economic growth rates and the future efficiency and
competitiveness of the national economy will be substantially
enhanced by a program of Federal Government assistance to State
and local governments to construct and rehabilitate the
Nation's economic infrastructure.
SEC. 3. DIRECT GRANTS.
(a) Construction.--The Secretary is authorized to make grants to
any State or local government for the construction (including
demolition and other site preparation activities), renovation, repair,
or other improvement of local public works projects, including those
public works projects of State and local governments for which Federal
financial assistance is authorized under provisions of law other than
this Act. To the extent appropriate, the Secretary may coordinate with
other Federal agencies in assessing grant request and in providing
appropriate levels of support.
(b) Federal Share.--The Federal share of any project for which a
grant is made under this section shall be no more than 80 percent of
the cost of the project.
(c) Termination of Grants.--No new grants shall be made pursuant to
this Act after the expiration of any 3-consecutive-month period during
which the national unemployment rate remained below 6 percent for each
such month, or after September 30, 1994, whichever first occurs.
SEC. 4. ALLOCATION OF FUNDS; PREFERENCES.
(a) Allocation of Funds.--The Secretary shall allocate funds
appropriated pursuant to section 8 of this Act as follows:
(1) Indian tribes.--Three-quarters of one percent of such
funds shall be set aside and shall be expended only for grants
for public works projects under this Act to Indian tribes and
Alaska Native villages. None of the remainder of such funds
shall be expended for such grants to such tribes and villages.
(2) Others.--After the set-aside required by paragraphs
(1), (3) and (4) of this subsection, 60 percent of such funds
shall be allocated among the States on the basis of the ratio
that the number of unemployed persons in each State bears to
the total number of unemployed persons in all the States and 40
percent of such funds shall be allocated among those States
with an average unemployment rate for the preceding 6-month
period in excess of 6 percent on the basis of the relative
severity of unemployment in each such State, except that no
State shall be allocated less than three-quarters of one
percent or more than twelve and one-half percent of such funds
for local public works projects within such State, except that
in the case of Guam, the Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands, not less than one-half of one
percent in the aggregate shall be granted for such projects in
all 4 of such territories.
(3) Set-aside.--Not less than 10 percent of each State's
allocations shall be set aside and shall be expended only for
grants for public work projects under this Act for local units
of general government with populations under 10,000.
(4) Development and administration.--Up to three-quarters
of one percent of the total grant award will be available for
project development and preparation, and for ongoing project
administration. This allocation will be available for local
units of government defined as nonentitlement under the Housing
and Urban Development Community Development Block Grant
Program. Such allocation shall not exceed $15,000 for any
single grant award.
(b) Preferences.--
(1) Local government projects.--In making grants under this
Act, the Secretary shall give priority and preference to public
works projects of local governments.
(2) Locally endorsed projects.--In making grants under this
Act, the Secretary shall also give priority and preference to
any public works project requested by a State or by a special
purpose unit of local government which is endorsed by a general
purpose local government within such State.
(3) School district projects.--A project requested by a
school district shall be accorded the full priority and
preference to public works projects of local governments
provided in this subsection.
(4) Applied industrial research projects.--A project that
creates or adds to an applied research facility at an
institution of higher education, and that facility is intended
to promote the development of new products and processes, or
that the Secretary determines will improve the competitiveness
of American industry shall be accorded full priority and
preference. For projects under this section, matching funds
requirements shall be waived if the company or companies and
school involved commit, in the Secretary's determination, to
undertake all future equipment and maintenance expenses.
(c) High Unemployment Rates.--
(1) Priority.--In making grants under this Act, if for the
12 most recent consecutive months, the average national
unemployment rate is equal to or exceeds 6 percent, the
Secretary shall (A) expedite and give priority to applications
submitted by States or local governments having unemployment
rates for the 12 most recent consecutive months in excess of
the national unemployment rate, and (B) shall give priority
thereafter to applications submitted by States or local
governments having average unemployment rates for the 12 most
recent consecutive months in excess of 6 percent, but less than
the national unemployment rate.
(2) Information regarding unemployment rates.--Information
regarding unemployment rates may be furnished either by the
Federal Government, or by States or local governments, provided
the Secretary (A) determines that the unemployment rates
furnished by States or local governments are accurate, and (B)
shall provide assistance to States or local governments in the
calculation of such rates to ensure validity and
standardization.
(3) Limitation on applicability.--Paragraph (1) of this
subsection shall not apply to any State which receives a
minimum allocation pursuant to paragraph (2) of subsection (a)
of this section.
(d) State and Local Prioritization of Applications.--Whenever a
State or local government submits applications for grants under this
Act for 2 or more projects, such State or local government shall submit
as part of such applications its priority for each such project.
(e) Localization of Unemployment Determinations.--The unemployment
rate of a local government may, for the purposes of this Act, and upon
request of the applicant, be based upon the unemployment rate of any
community or neighborhood (defined without regard to political or other
subdivisions or boundaries) within the jurisdiction of such local
government.
SEC. 5. RULES, REGULATIONS, AND PROCEDURES.
(a) In General.--The Secretary shall, not later than 30 days after
date of enactment of this Act, prescribe those rules, regulations, and
procedures (including application forms) necessary to carry out this
Act. Such rules, regulations, and procedures shall assure that adequate
consideration is given to the relative needs of various sections of the
country. The Secretary shall consider among other factors (1) the
severity and duration of unemployment in proposed project areas, (2)
the income levels and extent of underemployment in proposed project
areas, and (3) the extent to which proposed projects will contribute to
the reduction of unemployment and future economic growth.
(b) Consideration of Applications.--The Secretary shall make a
final determination with respect to each application for a grant
submitted to him under this Act not later than the 60th day after the
date the Secretary receives such application.
(c) Consideration of Construction Industry Unemployment.--For
purposes of this section, in considering the extent of unemployment or
underemployment, the Secretary shall consider the amount of
unemployment or underemployment in the construction and construction-
related industries.
SEC. 6. GENERAL LIMITATIONS.
(a) Acquisition of Land.--No part of any grant made under section 3
of this Act shall be used for the acquisition of any interest in real
property.
(b) Maintenance Costs.--Nothing in this Act shall be construed to
authorize the payment of routine scheduled maintenance costs in
connection with any projects constructed (in whole or in part) with
Federal financial assistance under this Act.
(c) On-Site Labor.--Grants made by the Secretary under this Act
shall be made only for projects for which the applicant gives
satisfactory assurances, in such manner and form as may be required by
the Secretary and in accordance with such terms and conditions as the
Secretary may prescribe, that, if funds are available, on-site labor
work can begin within 90 days of project approval.
(d) Contracting.--
(1) Contracting out required.--No part of the construction
(including demolition and other site preparation activities),
renovation, repair, or other improvement of any public works
project for which a grant is made under this Act shall be
performed directly by any department, agency, or
instrumentality of any State or local government.
(2) Competitive bidding.--Construction of each project for
which a grant is made under this Act shall be performed by
contract awarded by competitive bidding, unless the Secretary
shall affirmatively find that, under the circumstances relating
to such project, an alternative method is in the public
interest.
(3) Lowest responsive bid.--Contracts for the construction
of each project for which a grant is made under this Act shall
be awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting established criteria of
responsibility.
(4) Advertising.--No requirement or obligation shall be
imposed as a condition precedent to the award of a contract to
a bidder for a project for which a grant is made under this
Act, or to the Secretary's concurrence in the award of a
contract to such bidder, unless such requirement or obligation
is otherwise lawful and is specifically set forth in the
advertised specifications.
(e) Environmental Safeguards.--All local public works projects
carried out with Federal financial assistance under this Act shall
comply with all relevant Federal, State, and local environmental laws
and regulations.
(f) Buy American.--If a local public works project carried out with
Federal financial assistance under this Act would be eligible for
Federal financial assistance under provisions of law other than this
Act and, under such other provisions of law, would be subject to title
III of the Act of March 3, 1933, popularly known as the Buy American
Act, or similar requirements, such project shall be subject to such
title of such Act of March 3, 1933, or such similar requirements under
this Act in the same manner and to the same extent as such project
would be subject to such title of such Act of March 3, 1933, or such
similar requirements under such other provisions of law.
(g) Minority Participation.--If a local public works project
carried out with Federal financial assistance under this Act would be
eligible for Federal financial assistance under provisions of law other
than this Act and, under such other provisions of law, would be subject
to any minority participation requirement, such project shall be
subject to such requirement under this Act in the same manner and to
the same extent as such project would be subject to such requirement
under such other provisions of law.
(h) Applicability of Laws Regarding Individuals With
Disabilities.--Sections 504 and 505 of the Rehabilitation Act of 1973
and the Americans With Disabilities Act of 1990 shall apply to local
public works projects carried out under this Act.
SEC. 7. PREVAILING RATE OF WAGES.
If a local public works project carried out with Federal financial
assistance under this Act would be eligible for Federal financial
assistance under provisions of law other than this Act and, under such
other provisions of law, would be subject to the Act of March 3, 1931,
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5), or similar
requirements, such project shall be subject to such Act of March 3,
1931, or such similar requirements under this Act in the same manner
and to the same extent as such project would be subject to such Act of
March 3, 1931, or such similar requirements under such other provisions
of law.
SEC. 8. FUNDING.
There is authorized to be appropriated $20,000,000,000 to carry out
this Act. Moneys appropriated pursuant to this authorization shall
remain available until expended. Any amounts made available under this
Act for fiscal year 1992 shall be deemed to be emergency spending under
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 9. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Economic Development
Administration.
(2) Local government.--The term ``local government'' means
any city, county, town, parish, or other political subdivision
of a State, and any Indian tribe.
(3) Public works.--The term ``public works'' includes water
and sewer lines, streets and roads, water and sewage treatment
plants, port facilities, police and fire stations, detention
centers, schools, health facilities, and industrial research or
development parks, research facilities at institutions of
higher education, and other projects the Secretary determines
to be appropriate.
(4) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the
Pacific Islands. | Infrastructure Growth and Employment Act of 1993 - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to States or local governments for construction, renovation, repair, or other improvement of local public works projects (including projects for which Federal funding is authorized under other laws). Sets the Federal share at 80 percent of project cost. Terminates the making of such grants after the earlier of: (1) any three-consecutive-month period during which the national unemployment rate remained below six percent; or (2) September 30, 1994.
Allocates funds among the States on the basis of a formula involving relative numbers of unemployed persons, average unemployment rates, and severity of unemployment. Reserves funds for projects of Indian tribes and Alaskan Native villages, minimum State allotments, and development and administration of each project. Requires that at least ten percent of total grant funds be set aside for grants to local governments with populations under 10,000.
Sets project priority and preference requirements. Requires giving priority to applications from States or local governments with unemployment rates in excess of the national rates. Requires State and local prioritization of projects in their applications. Requires localization of unemployment rate determinations.
Requires procedures which assure that adequate consideration is given to the relative needs of various sections of the country, based on factors including amount of unemployment or underemployment in construction and construction-related industries. Requires applicants to assure that, if funds are available, on-site labor work can begin within 90 days after project approval. Requires: (1) contracting out; (2) competitive bidding; (3) awards to the lowest responsive bid; (4) advertising specifications; (5) environmental law and regulation compliance; and (6) applicability of specified requirements involving Buy American provisions, minority participation, individuals with disabilities, and Davis-Bacon Act prevailing wage rates.
Authorizes appropriations. | Infrastructure Growth and Employment Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dot Kids Domain Name Act of 2001''.
SEC. 2. ESTABLISHMENT OF KIDS-FRIENDLY TOP-LEVEL DOMAIN NAME.
(a) NTIA Action.--Within 30 days after the date of the enactment of
this Act, the Secretary of Commerce, acting through the National
Telecommunications and Information Administration, shall--
(1) pursuant to the authority under section II.B. of the
Memorandum of Understanding Between the U.S. Department of
Commerce and the Internet Corporation for Assigned Names and
Numbers, entered into on November 25, 1998, regarding oversight
of the policy for determining the circumstances under which new
top-level Internet domains are added to the root system,
jointly with ICANN, develop a plan in accordance with section 3
of this Act for ICANN to establish the new domain in accordance
with the requirements under subsection (b) of this section;
(2) upon completion of the development of such plan, make
the plan publicly available; and
(3) enter into any memorandums of understanding,
agreements, and contracts with ICANN, and any amendments to
existing such memorandums, agreements, and contracts, as may be
necessary to provide for ICANN to carry out such plan.
(b) Requirements for New Domain.--The new domain shall be subject
to the following requirements:
(1) Top-level, international domain.--The new domain shall
be established as a top-level, International domain having a
domain name appropriate for its purpose.
(2) Green light approach.--The new domain shall be
available for voluntary use as a location only of material that
is considered suitable for minors and shall not be available
for use as a location of any material that is harmful to
minors.
(3) Operator of domain.--The entity selected pursuant to
section 3 to establish, operate, and maintain the new domain
shall--
(A) establish, operate, and maintain the domain in
accordance with the requirements under this subsection;
and
(B) provide for the creation of an independent
board, with diverse membership, which shall be
responsible for--
(i) establishing written criteria for
accepting registrants for the new domain and
for any limitations applicable to the new
domain, which shall include a requirement that
any registrant agree to use the new domain in
accordance with paragraph (2); and
(ii) ensuring that subscription rates or
fees for obtaining a new domain name are as
minimal as possible.
(4) Consultation.--In carrying out the establishment,
operation, and maintenance of the new domain, family
organizations and international organizations concerned with
the operations of the Internet shall be coordinated with and
consulted.
(5) Periodic audits.--Periodic audits shall be conducted to
ensure compliance with requirements, registration criteria, and
limitations applicable to the new domain.
(6) Review of exclusion.--A registrant to the new domain
shall have the opportunity for an impartial hearing regarding
any material excluded from the domain. Such a hearing shall
provide the basic elements of due process, including adequate
notice, a right to representation, an opportunity to present
evidence and witnesses, an opportunity to examine and refute
evidence, an opportunity to cross-examine witnesses, and a
right to a decision on the merits.
(7) Other.--Any other requirements that may be established
under the plan developed pursuant to subsection (a).
SEC. 3. SELECTION PROCESS FOR OPERATOR OF NEW DOMAIN.
(a) Application Process.--A plan in accordance with this section
shall establish a process for soliciting applications for establishment
of the new domain, which process shall--
(1) commence and complete not later than 60 days after the
expiration of the 30-day period referred to in section 2(a);
(2) provide adequate notice to prospective applicants
(including any applicant that previously filed an application
with ICANN for similar purposes that was rejected) of--
(A) the opportunity to submit such an application;
and
(B) the criteria for selection under subsection
(b)(1);
(3) involve a fee for filing an application that does not
exceed the minimum amount reasonably estimated as necessary to
recover any expenses of ICANN relating to the process for
establishing the new domain; and
(4) provide for reimbursement to applicants of any amounts
collected in filing fees that exceed the actual amount of
expenses of ICANN relating to the process for establishing the
new domain.
(b) Selection Process.--A plan in accordance with this section
shall establish a process for selection, from applications submitted
pursuant to the process under subsection (a), of an application for the
establishment of the new domain in accordance with the requirements
under section 2(b). Such selection process shall comply with the
following requirements:
(1) Criteria.--The selection shall be made pursuant to
written, objective criteria designed to ensure--
(A) that the new domain is established, operated,
and maintained in accordance with the requirements
under section 2(b); and
(B) that the entity selected to establish, operate,
and maintain the domain is the applicant most capable
and qualified to do so.
(2) Initial review.--Not more than 60 days after the
conclusion of the application period pursuant to subsection
(a)(1), ICANN shall--
(A) review and apply the selection criteria
established under paragraph (1) to each application
submitted; and
(B) based upon such criteria, select an application
and award to the applicant a contract for
establishment, operation, and maintenance of the new
domain, unless ICANN determines that no applicant could
minimally provide for establishment, operation, and
maintenance of the new domain in accordance with the
requirements under section 2(b).
(3) Second application period.--If no applicant is selected
pursuant to paragraph (2), not later than 30 days after the
expiration of the 60-day period under paragraph (2), ICANN
shall commence another application and selection process that
complies with the requirements under subsection (a) and this
subsection.
(4) Report.--If the second application and selection
process pursuant to paragraph (3) does not result in the award
of a contract for establishment, operation, and maintenance of
the new domain, not later than 30 days after the conclusion of
such second 60-day period under paragraph (2), ICANN shall
inform the Secretary of Commerce in writing of such failure to
award a contract and submit to the Secretary a report
describing the application and selection process and setting
forth the reasons for such failure to award a contract.
(c) Full Operation.--A plan in accordance with this section shall
provide for ICANN to take all actions necessary to facilitate the full
operation of the new domain within 6 months after the award of the
contract for establishment, operation, and maintenance of the domain.
(d) Priority for Establishment of Domain.--
(1) ICAAN.--A plan in accordance with this section shall
provide that ICANN may not establish any top-level generic or
country code Internet domain that has not already been approved
by ICANN on or before the date of the enactment of this Act
until after the new domain provided for under such plan has
been established.
(2) Department of commerce.--The Secretary of Commerce may
not approve, through the National Telecommunications
Information Administration or otherwise, the establishment of
any top-level generic or country code Internet domain that has
not already been approved by ICANN on or before the date of the
enactment of this Act until after the new domain has been
established pursuant to a plan in accordance with this section.
(e) Continuation of Department of Commerce Oversight and Approval
Authority.--During any period that ICANN has any authority for the
establishment of top-level generic or county code Internet domains and
for selection of registry services for such domains, the Secretary of
Commerce--
(1) shall carry out oversight and approval of such
functions for the Federal Government;
(2) shall make every reasonable effort to retain the
authority reserved to the Department of Commerce under the
Memorandum of Understanding referred to in section 2(a)(1) of
this Act and any amendments to such Memorandum; and
(3) shall diligently exercise such authority.
(f) Annual Oversight.--A plan in accordance with this section shall
provide that ICANN shall, on an annual basis, review the actions of the
entity selected to establish, operate, and maintain the new domain to
ensure that such entity is complying with the requirements of section
2(b).
SEC. 4. LIABILITY PROTECTIONS.
(a) Treatment of Publisher or Speaker.--No person or entity that
operates or maintains the new domain shall be treated as the publisher
or speaker of any information provided by another registrant for the
domain.
(b) Civil Liability.--No person or entity that operates or
maintains the new domain shall be held liable because of--
(1) any action voluntarily taken in good faith to restrict
access through the new domain to, or availability through the
new domain of, material that such person or entity considers to
be harmful to minors, obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable,
whether or not such material is constitutionally protected,
except that any action taken to exclude specific material from
the new domain shall be subject to the provisions of section
2(b)(6); or
(2) any action taken to enable or make available to
registrants to the new domain or others the technical means to
restrict access by minors to material described in paragraph
(1).
SEC. 5. EDUCATION AND OVERSIGHT.
(a) Education.--The Secretary of Commerce, acting through the
National Telecommunications and Information Administration, shall carry
out a program to publicize the availability of the new domain and to
educate the parents of minors regarding the process for utilizing the
domain in combination and coordination with hardware and software
technologies that provide for filtering or blocking of unsuitable
content. The program under this subsection shall be commenced not later
than 30 days after the date that the new domain first becomes
operational and accessible by the public.
(b) Oversight.--The Secretary of Commerce, acting through the
National Telecommunications and Information Administration, and the
entity selected to operate and maintain the new domain shall--
(1) consult with the Attorney General regarding appropriate
procedures and actions to prevent minors and families who use
the new domain from being targeted by adults and other children
for predatory behavior, exploitation, or illegal actions; and
(2) establish such procedures and take such actions as may
be necessary to prevent such targeting.
The consultations, procedures, and actions required under this
subsection shall be commenced not later than 30 days after the date
that the new domain first becomes operational and accessible by the
public.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) ICANN.--The term ``ICANN'' means the Internet
Corporation for Assigned Names and Numbers.
(2) Material that is harmful to minors.--The term
``material that is harmful to minors'' means any communication,
picture, image, graphic image file, article, recording,
writing, or other matter of any kind that is obscene or that--
(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, is designed to
appeal to, or is designed to pander to, the prurient
interest;
(B) depicts, describes, or represents, in a manner
patently offensive with respect to minors, an actual or
simulated sexual act or sexual contact, an actual or
simulated normal or perverted sexual act, or a lewd
exhibition of the genitals or post-pubescent female
breast; and
(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
(3) Minor.--The term ``minor'' means any person under 17
years of age.
(4) New domain.--The term ``new domain'' means the Internet
domain established pursuant to this Act. | Dot Kids Domain Name Act of 2001 - Directs the Secretary of Commerce: (1) jointly with the Internet Corporation for Assigned Names and Numbers (ICANN), to develop a plan for ICANN to establish a kids-friendly top-level Internet domain; (2) to make such plan publicly available; and (3) to enter into appropriate agreement with ICANN to carry out the plan. Requires the domain to be available for voluntary use as a location only of material suitable for minors and the plan to establish a process for soliciting and selecting an operator of the new domain. Requires: (1) full operation of the new domain within six months after contract award; and (2) new domain approval by ICANN. Provides liability protections for any person or entity that operates or maintains the new domain with respect to information provided by a domain registrant.Directs the Secretary to carry out a program to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing the domain in combination with hardware and software technologies that filter or block unsuitable materials. | To facilitate the creation of a new global top-level Internet domain that will be a haven for material that will promote positive experiences of children and families using the Internet, to provide a safe online environment for children, and to help prevent children from being exposed to harmful material on the Internet, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs Work-
Study Act of 2005''.
SEC. 2. PROVISION OF ADDITIONAL AREAS OF WORK-STUDY FOR VETERANS.
(a) In General.--Subsection (a)(4) of section 3485 of title 38,
United States Code, is amended by adding at the end the following new
subparagraphs:
``(G) The provision of placement services described in
section 3104(a)(5) of this title at an educational institution
carried out under the supervision of a Department employee.
``(H) The provision of counseling and assistance in
identifying employment and training opportunities, help in
obtaining such employment and training, and other related
information and services to members of the Armed Forces who are
being separated from active duty, and the spouses of such
members, under the Transition Assistance Program and Disabled
Transition Assistance Program established in section 1144 of
title 10, carried out under the supervision of disabled
veterans' outreach program specialists or local veterans'
employment representatives under chapter 41 of this title.
``(I) Any activity approved by the Secretary in support of
a Senior Reserve Officers' Training Corps program at an
educational institution or on a military installation carried
out under the supervision of an administrator or instructor
referred to in section 2111 of title 10, United States Code.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to agreements entered into under section 3485 of
title 38, United States Code, on or after the date of the enactment of
this Act.
SEC. 3. 5-YEAR PILOT PROGRAM FOR ON-CAMPUS WORK-STUDY POSITIONS.
(a) Establishment of Pilot Program.--The Secretary of Veterans
Affairs shall conduct a five-year pilot project to test the feasibility
and advisability of expanding the scope of qualifying work-study
activities under subsection (a)(4) of section 3485 of title 38, United
States Code, to include work-study positions available on site at
educational institutions.
(b) Type of Work-Study Positions.--The work-study positions
referred to in subsection (a) may include positions in academic
departments (such as tutors or research, teaching, and lab assistants)
and in student services (such as career centers, financial aid, campus
orientation, cashiers, admissions, records and registration).
(c) Requirements.--
(1) Approval of position by the secretary.--No payment may
be made under the pilot project for a work-study position
referred to in subsection (a) unless the Secretary of Veterans
Affairs has approved the work-study position offered by
educational institution based on an application submitted to
the Secretary by the institution for such purpose containing
such information and meeting such requirements as the Secretary
may specify.
(2) All other qualifying work-study activities are
filled.--Before a work-study position referred to in subsection
(a) may be filled by an applicant under the pilot project, the
applicant shall demonstrate to the Secretary that there is no
position in a qualifying work-study activity under
subparagraphs (A) through (I) of section 3845(a)(4) of such
title in which the applicant may work during the applicable
agreement period.
(d) Limitation on Number of Positions.--In conducting the pilot
program, the Secretary shall ensure that no more than 10 percent of all
work-study agreements under section 3485 of such title at any time are
for work-study positions provided for under the pilot project.
(e) Maintenance of Numbers and Types of Work-Study Opportunities
Offered by Educational Institutions.--The Secretary may not enter into
an agreement for a work-study position referred to in subsection (a)
unless the educational institution involved demonstrates that the
number and types of work-study positions offered by the educational
institution during the year preceding the year in which the Secretary
conducts the pilot project is not less than such number and type
offered during the pilot project.
(f) Regulations.--The Secretary shall prescribe regulations to
carry out the pilot project under this section, including regulations
providing for the supervision of work-study positions referred to in
subsection (a) by appropriate personnel.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $1,000,000 for each of fiscal years 2006
through 2010 to carry out the pilot project under this section.
SEC. 4. TECHNICAL CORRECTIONS.
Section 3484 of title 38, United States Code, is amended--
(1) in subsection (a)(1)(E), by inserting ``or 1607'' after
``chapter 1606'';
(2) in subsection (b), by striking ``chapter 106'' and
inserting ``chapter 1606 or 1607''; and
(3) in subsection (e)(1)--
(A) by striking ``services of the kind described in
clauses (A) through (E) of subsection (a)(1) of this
section'' and inserting ``a qualifying work-study
activity described in subsection (a)(4)''; and
(B) by striking ``chapter 106'' and inserting
``chapter 1606 or 1607''. | Department of Veterans Affairs Work-Study Act of 2005 - Includes as a "work-study activity" for qualifying veterans: (1) the provision of placement services at an educational institution; (2) the provision of counseling and assistance in identifying employment and training opportunities and related information and services to members of the Armed Forces being separated from active duty (and their spouses); and (3) any approved activity in support of a Senior Reserve Officers' Training Corps program at an educational institution or military installation.
Directs the Secretary of Veterans Affairs to conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of qualifying work-study activities to include work-study positions available on site at educational institutions. | To amend title 38, United States Code, to provide additional work-study opportunities for eligible veterans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Depositary Services Efficiency and
Cost Reduction Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Secretary of the Treasury has long compensated
financial institutions for various critical depositary and
financial agency services provided for or on behalf of the
United States by--
(A) placing large balances, commonly referred to as
``compensating balances'', on deposit at such
institutions; and
(B) using imputed interest on such funds to offset
charges for the various depositary and financial agency
services provided to or on behalf of the Government.
(2) As a result of sharp declines in interest rates over
the last few years to record low levels, or the public debt
outstanding reaching the statutory debt limit, the Department
of the Treasury often has had to dramatically increase or
decrease the size of the compensating balances on deposit at
these financial institutions.
(3) The fluctuation of the compensating balances, and the
necessary pledging of collateral by financial institutions to
secure the value of compensating balances placed with those
institutions, have created unintended financial uncertainty for
the Secretary of the Treasury and for the management by
financial institutions of their cash and securities.
(4) It is imperative that the process for providing
financial services to the Government be transparent, and
provide the information necessary for the Congress to
effectively exercise its appropriation and oversight
responsibilities.
(5) The use of direct payment for services rendered would
strengthen cash and debt management responsibilities of the
Secretary of the Treasury because the Secretary would no longer
need to dramatically increase or decrease the level of such
balances when interest rates fluctuate sharply or when the
public debt outstanding reaches the statutory debt limit.
(6) An alternative to the use of compensating balances,
such as direct payments to financial institutions, would ensure
that payments to financial institutions for the services they
provide would be made in a more predictable manner and could
result in cost savings.
(7) Limiting the use of compensating balances could result
in a more direct and cost-efficient method of obtaining those
services currently provided under compensating balance
arrangements.
(8) A transition from the use of compensating balances to
another compensation method must be carefully managed to
prevent higher-than-necessary transitional costs and enable
participating financial institutions to modify their planned
investment of cash and securities.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR SERVICES RENDERED BY
DEPOSITARIES AND FINANCIAL AGENCIES OF THE UNITED STATES.
There are authorized to be appropriated for fiscal years beginning
after fiscal year 2003 to the Secretary of the Treasury such sums as
may be necessary for reimbursing financial institutions in their
capacity as depositaries and financial agents of the United States for
all services required or directed by the Secretary of the Treasury, or
a designee of the Secretary, to be performed by such financial
institutions on behalf of the Secretary of the Treasury or another
Federal agency, including services rendered before fiscal year 2004.
SEC. 4. ORDERLY TRANSITION.
(a) In General.--As appropriations authorized under section 3
become available, the Secretary of the Treasury shall promptly begin
the process of phasing in the use of the appropriations to pay
financial institutions serving as depositaries and financial agents of
the United States, and transitioning from the use of compensating
balances to fund these services.
(b) Post-Transition Use Limited to Extraordinary Circumstances.--
(1) In general.--Following the transition to the use of the
appropriations authorized under section 3, the Secretary of the
Treasury may use the compensating balances to pay financial
institutions serving as depositaries and financial agents of
the United States only in extraordinary situations where the
Secretary determines that they are needed to ensure the fiscal
operations of the Government continue to function in an
efficient and effective manner.
(2) Report.--Any use of compensating balances pursuant to
paragraph (1) shall promptly be reported by the Secretary of
the Treasury to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
(c) Requirements for Orderly Transition.--In transitioning to the
use of the appropriations authorized in section 3, the Secretary of the
Treasury shall take such steps as may be appropriate to--
(1) prevent abrupt financial disruption to the functions of
the Department of the Treasury or to the participating
financial institutions; and
(2) maintain adequate accounting and management controls to
ensure that payments to financial institutions for their
banking services provided to the Government as depositaries and
financial agents are accurate and that the arrangements last no
longer than is necessary.
(d) Reports Required.--
(1) Annual report.--
(A) In general.--For each fiscal year, the
Secretary of the Treasury shall submit a report to the
Congress on the use of compensating balances and on the
use of appropriations authorized in section 3 during
that fiscal year.
(B) Inclusion in budget.--The report required under
subparagraph (A) may be submitted as part of the budget
submitted by the President under section 1105 of the
title 31, United States Code, for the following fiscal
year and if so, the report shall be submitted
concurrently to the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Final report following transition.--
(A) In general.--Following completion of the
transition from the use of compensating balances to the
use of the appropriations authorized in section 3 to
pay financial institutions for their services as
depositaries and financial agents of the United States,
the Secretary of the Treasury shall submit a report on
the transition to the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(B) Contents of report.--The report submitted under
subparagraph (A) shall include a detailed analysis of--
(i) the cost of transition;
(ii) the direct costs of the services being
paid from the appropriations authorized under
section 3; and
(iii) the benefits realized from the use of
direct payment for such services, rather than
the use of compensating balance arrangements.
SEC. 5. TECHNICAL AMENDMENT.
The 2d undesignated paragraph of section 16 of the Federal Reserve
Act (12 U.S.C. 412) is amended--
(1) in the 3d sentence, by inserting ``or any other asset
of a Federal reserve bank'' before the period at the end; and
(2) in the last sentence, by inserting ``, or are otherwise
held by or on behalf of,'' after ``in the vaults of''. | Depositary Services Efficiency and Cost Reduction Act - Authorizes appropriations to reimburse financial institutions in their capacity as depositaries and financial agents of the United States for all services required or directed by the Secretary of the Treasury to be performed by them on behalf of a Federal agency.
Amends the Federal Reserve Act to make technical amendments to reflect this Act. | To provide for direct and accurate compensation to financial institutions for providing various critical depositary and financial agency services for or on behalf of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CJ's Home Protection Act of 2007''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) nearly 20,000,000 Americans live in manufactured homes,
which often provide a more accessible and affordable way for
many families to buy their own homes;
(2) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(3) NOAA Weather Radio (NWR) is a nationwide network of
radio stations broadcasting continuous weather information
directly from a nearby National Weather Service (NWS) office,
and broadcasts NWS warnings, watches, forecasts, and other all-
hazard information 24 hours a day;
(4) the operators of manufactured housing communities
should be encouraged to provide a safe place of shelter for
community residents or a plan for the evacuation of community
residents to a safe place of shelter within a reasonable
distance of the community for use by community residents in
times of severe weather, including tornados and high winds, and
local municipalities should be encouraged to require approval
of these plans;
(5) the operators of manufactured housing communities
should be encouraged to provide a written reminder semiannually
to all owners of manufactured homes in the manufactured housing
community to replace the batteries in their weather radios; and
(6) weather radio manufacturers should include, in the
packaging of weather radios, a written reminder to replace the
batteries twice each year and written instructions on how to do
so.
SEC. 3. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARD.
Section 604 of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5403) is amended by adding at
the end the following new subsection:
``(i) Weather Radios.--
``(1) Construction and safety standard.--The Federal
manufactured home construction and safety standards established
by the Secretary under this section shall require that each
manufactured home delivered for sale shall be supplied with a
weather radio inside the manufactured home that--
``(A) is capable of broadcasting emergency
information relating to local weather conditions;
``(B) is equipped with a tone alarm;
``(C) is equipped with Specific Alert Message
Encoding, or SAME technology; and
``(D) complies with Consumer Electronics
Association (CEA) Standard 2009-A (or current revision
thereof) Performance Specification for Public Alert
Receivers.
``(2) Liability protections.--No aspect of the function,
operation, performance, capabilities, or utilization of the
weather radio required under this subsection, or any
instructions related thereto, shall be subject to the
requirements of section 613 or 615 or any regulations
promulgated by the Secretary pursuant to the authority under
such sections.''.
SEC. 4. ESTABLISHMENT.
Not later than the expiration of the 90-day period beginning on the
date of the enactment of this Act, the consensus committee established
pursuant to section 604(a)(3) of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5304(a)(3))
shall develop and submit to the Secretary of Housing and Urban
Development a proposed Federal manufactured home construction and
safety standard required under section 604(i) of such Act (as added by
the amendment made by section 3 of this Act). Notwithstanding section
604(a)(5)(B) of such Act, the Secretary of Housing and Urban
Development shall issue a final order promulgating the standard
required by such section 604(i) not later than the expiration of the
90-day period beginning upon receipt by the Secretary of the proposed
standard developed and submitted by the consensus committee.
SEC. 5. STUDY.
The Secretary of Housing and Urban Development shall conduct of
study regarding conditioning the applicability of the requirement under
the amendment made by section 3 of this Act (relating to supplying
weather radios in manufactured homes) on the geographic location at
which a manufactured home is placed, but only to the extent that such
requirement applies to new manufactured homes and new site-built homes.
In conducting such study and making determinations under to the study,
the Secretary shall take into consideration severe weather conditions,
such as high winds and flooding, and wind zones and other severe
weather data available from the National Weather Service. Not later
than the expiration of the 18-month period beginning on the date of the
enactment of this Act, the Secretary shall complete the study and
submit a report regarding the results of the study to the Committee on
Financial Services of the House of Representatives and to the Committee
on Banking, Housing, and Urban Affairs of the Senate.
Passed the House of Representatives October 30, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | CJ's Home Protection Act of 2007 - Requires the consensus committee established under the National Manufactured Housing Construction and Safety Standards Act of 1974, within 90 days of enactment of this Act, to develop and submit to the Secretary of Housing and Urban Development proposed federal manufactured home construction and safety standards. Requires the Secretary to issue a final order promulgating the standard within 90 days after receiving the proposal.
Amends the Act to require such standards to require each manufactured home delivered for sale to be supplied with a weather radio: (1) capable of broadcasting emergency information relating to local weather conditions; (2) equipped with a tone alarm and Specific Alert Message Encoding, or SAME technology; and (3) compliant with the Consumer Electronics Association (CEA) Standard 2009-A Performance Specification for Public Alert Receivers (or its current revision).
Exempts any aspect of the function, operation, performance, capabilities, or utilization of such weather radio or any related instructions from certain requirements regarding: (1) noncompliance with standards or defective nature of manufactured homes; (2) notification and correction of defects by such manufacturers; or (3) the Secretary's regulations pursuant to the authority under such Act.
Requires the Secretary to study and report to specified congressional committees on conditioning the applicability of the requirement to supply weather radios in manufactured homes on the geographic location at which a manufactured home is placed, but only to the extent that such requirement applies to new manufactured homes and new site-built homes. | To amend the National Manufactured Housing Construction and Safety Standards Act of 1974 to require that weather radios be installed in all manufactured homes manufactured or sold in the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Internet Freedom Act of
2015''.
SEC. 2. REQUIREMENTS FOR NTIA RELINQUISHMENT OF DNS RESPONSIBILITIES.
(a) In General.--Unless the Assistant Secretary submits the
certification described in subsection (b) to the appropriate
congressional committees--
(1) the Assistant Secretary may not relinquish the
responsibilities of the NTIA with respect to Internet domain
name functions, including responsibility with respect to the
authoritative root zone file, the IANA functions, or the
related root zone management functions; and
(2) the Assistant Secretary shall exercise the first option
period described in paragraph I.70(b) of the IANA functions
contract to extend such contract through September 30, 2017.
(b) Certification Described.--The certification described in this
subsection is a written certification that the Assistant Secretary has
received a final proposal for relinquishing the responsibilities of the
NTIA with respect to Internet domain name functions that ensures the
following:
(1) Control over the management of the Internet domain name
system will not be exercised by a governmental or
intergovernmental body.
(2) The bylaws of ICANN have been amended to provide for
the following:
(A) No director or officer of ICANN may be selected
by or represent a governmental or intergovernmental
body.
(B) The board of directors of ICANN is prohibited
from voting on advice or a policy proposal offered by
the Governmental Advisory Committee unless such
Committee reaches consensus regarding such advice or
proposal. For purposes of the preceding sentence, the
term ``consensus'' means general agreement in the
absence of any formal objection.
(C) ICANN is committed to upholding freedom of
speech, freedom of the press, freedom of assembly, and
freedom of association and has adopted and implemented
standards that are at least as protective of such
freedoms as is the First Amendment to the Constitution.
(D) The term ``supermajority'' is defined for
purposes of the bylaws of ICANN to mean, with respect
to a vote of the board of directors, an affirmative
vote by at least four-fifths of all directors.
(E) A change in the bylaws of ICANN requires a vote
of a supermajority of the board of directors.
(F) ICANN has an external, independent process for
reviewing and resolving disputes between ICANN and
external parties, including members of the
multistakeholder community, in all matters related to
the operations and policy decisions of ICANN. Such
process includes the ability to reverse decisions of
the board of directors.
(G) ICANN shall remain subject to United States law
(including State law) and to the jurisdiction of United
States courts (including State courts).
(H) ICANN is prohibited from engaging in activities
unrelated to ICANN's core mission or entering into an
agreement or modifying an existing agreement to impose
on a registrar or registry with which ICANN conducts
business any condition (such as a condition relating to
the regulation of content) that is unrelated to ICANN's
core mission.
(3) ICANN has adopted policies and procedures for
disclosing to the public records and other information that are
at least as protective of public access as the policies and
procedures required by section 552 of title 5, United States
Code (commonly known as the Freedom of Information Act). The
policies and procedures adopted include a means by which the
denial of a request for access to records or other information
may be appealed through the independent dispute resolution
process described in paragraph (2)(F).
(4) The United States Government has been granted ownership
of the .gov and .mil top-level domains.
(5) ICANN has adopted, if necessary through amendment to
its bylaws, all additional measures recommended by the
multistakeholder community through the IANA Stewardship
Transition Coordination Group, the Cross Community Working
Group on Enhancing ICANN Accountability, and the Cross
Community Working Group to Develop an IANA Stewardship
Transition Proposal on Naming Related Functions.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) IANA functions.--The term ``IANA functions'' means the
Internet Assigned Numbers Authority functions, as described in
the IANA functions contract.
(4) IANA functions contract.--The term ``IANA functions
contract'' means the contract between the NTIA and ICANN that
became effective on October 1, 2012, under which ICANN is
required to perform the IANA functions (Contract No. SA1301-12-
CN-0035).
(5) ICANN.--The term ``ICANN'' means the Internet
Corporation for Assigned Names and Numbers.
(6) ICANN's core mission.--The term ``ICANN's core
mission'' means managing the IANA functions and proposing and
overseeing policy decisions central to coordinating the global
interoperability and uniqueness of Internet domain names.
(7) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe. | Defending Internet Freedom Act of 2015 Prohibits the Assistant Secretary of Commerce for Communications and Information from relinquishing the responsibilities of the National Telecommunications and Information Administration (NTIA) with respect to Internet domain name functions, including Internet Assigned Numbers Authority (IANA) functions, unless the Assistant Secretary certifies to Congress that a final proposal has been received that ensures: control over the management of the Internet domain name system will not be exercised by a governmental or intergovernmental body; standards for freedoms of speech, of the press, of assembly, and of association are at least as protective as the First Amendment to the U.S. Constitution; the Internet Corporation for Assigned Names and Numbers (ICANN) has an external, independent process for reviewing and resolving disputes between ICANN and external parties, including the ability to reverse decisions of the board of directors; ICANN remains subject to U.S. law; ICANN has adopted disclosure procedures that are at least as protective of public access as the Freedom of Information Act; the U.S. government has been granted ownership of the ".gov" and ".mil" top-level domains; and ICANN has adopted additional measures recommended by the multistakeholder community. Requires such certification to ensure amendments to ICANN bylaws to prohibit ICANN from: (1) engaging in activities unrelated to ICANN's core mission of managing the IANA functions and proposing and overseeing policy decisions central to coordinating the global interoperability and uniqueness of Internet domain names; or (2) agreeing to impose on a registrar or registry any condition, such as a regulation of content, that is unrelated to ICANN's core mission. Requires such a certification to also ensure amendments to bylaws concerning: (1) Governmental Advisory Committee advice and policy proposals, and (2) a required supermajority of the board of directors for votes regarding changes to bylaws. Directs the Assistant Secretary, if such a certification is not submitted to Congress by a specified deadline, to extend through September 30, 2017, the existing IANA functions contract under which ICANN is required to perform IANA functions. | Defending Internet Freedom Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DXM Abuse Prevention Act of 2017''.
SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN.
(a) Prohibited Acts.--
(1) Verification system.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at
the end the following:
``(eee) The failure of a retailer (as defined in section 506H) that
offers for sale in interstate commerce covered drugs (as defined in
section 506H) to have a verification system as required by section 506H
(relating to sales of over-the-counter drugs containing
dextromethorphan).''.
(2) Identifier for electronic point of sale system; active
ingredients.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331), as amended by paragraph (1), is
further amended by adding at the end the following:
``(fff) The introduction or delivery for introduction into
interstate commerce of any covered drug (as defined in section 506H)
whose labeling does not include--
``(1) a universal product code, universal product number,
bar code, or similar identifier to allow an electronic point of
sale system to recognize that the sale of the covered drug is
prohibited to those under the age of 18; and
``(2) the established name of each active ingredient of the
covered drug within the first panel of the drug facts labeling
required by section 201.66(c) of title 21, Code of Federal
Regulations (or any successor regulations), in no smaller than
6-point type.''.
(b) Verification System.--The Federal Food, Drug, and Cosmetic Act
is amended by inserting after section 506G of such Act (21 U.S.C. 356g)
the following:
``SEC. 506H. SALES OF OVER-THE-COUNTER DRUGS CONTAINING
DEXTROMETHORPHAN.
``(a) Verification System.--Any retailer selling or offering for
sale in interstate commerce a covered drug shall have a verification
system in accordance with this section that is intended to ensure that
no individual who purchases a covered drug from the retailer is under
18 years of age. Such a system shall be set up to prompt a retailer to
examine a purchaser's identification card.
``(b) Means Used To Ensure Compliance.--A verification system under
subsection (a) may ensure compliance with this section by any of, or
any combination of, the following means:
``(1) An electronic point-of-sale system that is coded--
``(A) to prompt for verification of the age of
purchasers of covered drugs; and
``(B) to deny sales of covered drugs to those under
the age of 18.
``(2) Training manuals, materials, or programs that
instruct employees--
``(A) to verify the age of purchasers of covered
drugs; and
``(B) to deny sales of covered drugs to those under
the age of 18.
``(3) Signage in and around the sales counter outlining the
age restriction on sales of covered drugs.
``(4) Designating one on-duty employee to approve sales of
covered drugs.
``(5) Any other verification measure adopted by a retailer
that is designed to ensure that a purchaser of a covered drug
is not under 18 years of age if, based on an examination of the
purchaser's identification card, the retailer reasonably
concludes the identification card is valid and indicates the
purchaser is not under 18 years of age.
``(c) Exceptions.--
``(1) Individuals over 26.--A verification system under
subsection (a) need not require verification of the age of any
individual over the age of 26.
``(2) Valid prescription.--A verification system under
subsection (a) need not apply to any sale made by a retailer
that is a pharmacy pursuant to a validly issued prescription.
``(3) Valid military identification card.--A verification
system under subsection (a) need not apply to any sale to an
individual who supplies proof at the time of such sale that
such individual is actively enrolled in the military and
presents a valid military identification card.
``(d) Enforcement.--In carrying out this section, the Secretary
shall coordinate with State entities that regulate retailers, as
designated by the State, to perform activities to ensure compliance
with this section, including providing for appropriate investigation of
complaints related to violations of this section.
``(e) Compliance With State System.--If a State has a law under
which a retailer in the State is required to have a system that ensures
that no individual who purchases a covered drug from the retailer is
under 18 years of age, the Secretary shall treat any such retailer in
the State that is in compliance with such law as having a verification
system as required by this section, including for purposes of sections
301(eee) and 303(h).
``(f) Definitions.--In this section:
``(1) The term `covered drug'--
``(A) means a drug that--
``(i) contains dextromethorphan; and
``(ii) is not subject to section 503(b)(1);
and
``(B) excludes any drug that is packaged in packets
or pouches and contains 2 or fewer maximum adult doses
of dextromethorphan as allowable under section 341.74
of title 21, Code of Federal Regulations (or any
successor regulations).
``(2) The term `identification card' means an
identification card that--
``(A) includes a photograph and the date of birth
of the individual; and
``(B) is issued by a State or the Federal
Government or is considered acceptable for purposes of
sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1)
of title 8, Code of Federal Regulations (including any
successor regulations).
``(3) The term `retailer' means--
``(A) a grocery store, general merchandise store,
drug store, pharmacy, convenience store, or other
entity whose activities as a seller of covered drugs
containing dextromethorphan are limited almost
exclusively to sales for personal use, both in number
and volume of sales, including any sales made by the
Internet or other means; and
``(B) excludes any entity listed in subparagraph
(A) that does not sell any covered drug described in
paragraph (1)(A).''.
(c) Civil Penalties.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the
following:
``(h) A retailer that violates section 301(eee) shall not be
subject to subsection (a) or any civil monetary penalty under this Act
for such violation except as follows:
``(1) If the Secretary finds that a retailer fails to have
a verification system in violation of section 301(eee)--
``(A) upon the first such finding, the Secretary
shall issue a formal notice of violation and give the
retailer a period of at least 30 days (beginning on the
receipt of such notice) to correct the violation;
``(B) upon the second such finding, the retailer
shall be subject to a civil penalty of not more than
$1,000;
``(C) upon the third such finding, the retailer
shall be subject to a civil penalty of not more than
$2,000; and
``(D) upon the fourth and any subsequent such
finding, the retailer shall be subject to a civil
penalty of not more than $5,000.
``(2) In determining the amount of a civil penalty under
this subsection for a retailer, the Secretary shall consider
whether the retailer has taken appropriate steps to prevent
subsequent violations, such as the establishment and
administration of a documented employee training program to
ensure all employees are familiar with, and abiding by, the
retailer's verification system established pursuant to section
506H, where such program includes--
``(A) educating employees regarding covered drugs;
``(B) instruction on the correct method of checking
a purchaser's identification card; and
``(C) notifying employees of the civil penalties
under this subsection.
``(3) If a retailer transacts sales of covered drugs at
more than one physical location, for purposes of determining
the number of violations by that retailer under this
subsection, each individual physical location operated by that
retailer shall be considered a separate retailer.
``(4) The Secretary shall notify retailers found to have
violated section 301(eee) as soon as practicable after the
Secretary discovers such violation. Such notification shall
include the date and time when the failure to have a
verification system as required by such section was observed to
occur.
``(5) In this subsection, the terms `covered drug' and
`retailer' have the meanings given such terms in section
506H.''.
(d) Applicability.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to drugs sold or offered for sale on
or after the date that is one year after the date of enactment of this
Act.
(e) Sense of Congress Regarding Communication by Organizations
Nominated by Manufacturers.--It is the sense of Congress that
organizations nominated by manufacturers of covered drugs (as defined
in section 506H of the Federal Food, Drug, and Cosmetic Act, as added
by subsection (c)) should make reasonable efforts to communicate to
retailers (as defined in such section 506H) the requirements of such
section 506H, including by making available upon request materials
(which may include signage, manuals, materials, or programs) to assist
with educating employees regarding such covered drugs.
SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN.
(a) In General.--The Federal Food, Drug, and Cosmetic Act is
amended--
(1) in section 301 (21 U.S.C. 331) (as amended by section
2(a)) by adding at the end the following:
``(ggg) The possession, receipt, or distribution of unfinished
dextromethorphan in violation of section 506I.'';
(2) by inserting after section 506H (as added by section
2(b)) the following:
``SEC. 506I. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN.
``(a) In General.--No person shall--
``(1) possess or receive unfinished dextromethorphan,
unless the person is registered under section 510 or otherwise
registered, licensed, or approved pursuant to Federal or State
law to engage in--
``(A) the practice of pharmacy; or
``(B) drug or drug ingredient discovery,
production, manufacture, or distribution; or
``(2) distribute unfinished dextromethorphan to any person
other than a person described in paragraph (1).
``(b) Exception for Common Carriers.--This section does not apply
to a common carrier that possesses, receives, or distributes unfinished
dextromethorphan for purposes of distributing such unfinished
dextromethorphan between persons described in subsection (a).
``(c) Definitions.--In this section:
``(1) The term `common carrier' means any person that holds
itself out to the general public as a provider for hire of the
transportation by water, land, or air of merchandise, whether
or not the person actually operates the vessel, vehicle, or
aircraft by which the transportation is provided, between a
port or place and a port or place in the United States.
``(2) The term `unfinished dextromethorphan' means
dextromethorphan that is not contained in a drug that is in
finished dosage form.''; and
(3) by amending section 303, as amended by section 2(c), by
adding at the end the following:
``(i) A person that violates section 301(ggg) shall not be subject
to subsection (a) or any civil monetary penalty under this Act for such
violation except such person shall be subject to a civil penalty in an
amount of not more than $100,000.''.
(b) Applicability.--The amendments made by this section apply
beginning on the date of enactment of this Act. | DXM Abuse Prevention Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to: (1) require a retailer that sells certain drugs containing dextromethorphan (DXM) to have a verification system that is intended to ensure that no one under 18 years of age purchases such drugs from the retailer, (2) establish other restrictions on the sale of over-the-counter drugs containing DXM, and (3) establish restrictions on the distribution of bulk DXM. | DXM Abuse Prevention Act of 2017 |
SECTION 1. SHADOW MASK STEEL.
Chapter 72 of the Harmonized Tariff Schedule of the United States
is amended as follows:
(1) Such chapter is amended by striking subheading
7209.18.25 and inserting the following new subheadings, with
the article descriptions for such subheadings having the same
degree of indentation as the article description for subheading
7211.23.15:
`` Other:
Of a thickness
of less than
0.361mm
(blackplate):
7209.18.25 Of a kind for
use in making
aperture
masks for
cathode-ray
tube video
displays..... Free Free (E, IL, J)
Free (CA) Free
(MX) 28%
7209.18.30 Other......... 2.2% Free (E, IL, J)
0.3% (CA) 1.9%
(MX) 20%
''
(2) Such chapter is amended by striking subheading
7211.23.60 and inserting the following new subheadings, with
the article descriptions for subheadings 7211.23.60 and
7211.23.65 having the same degree of indentation as the article
description for subheading 7211.23.45:
`` Other:
7211.23.60 Of a thickness
exceeding
1.25mm........ 3.6% Free (E, IL, J)
0.2% (CA) 1.4%
(MX) 25%
7211.23.65 Of a thickness
exceeding
0.25mm but not
exceeding
1.25mm........ 3.6% Free (E, IL, J)
0.2% (CA) 1.4%
(MX) 25%
Of a thickness
not exceeding
0.25mm:
7211.23.70 Of a kind for
use in making
aperture
masks for
cathode-ray
tube video
displays..... Free Free (E, IL, J)
Free (CA) Free
(MX) 28%
7211.23.75 Other......... 3.6% Free (E, IL, J)
0.2% (CA) 1.4%
(MX) 25%
''
(3) Such chapter is amended by striking subheading
7225.50.80 and inserting the following new subheadings, with
the article descriptions for subheading 7225.50.80 having the
same degree of indentation as the article description for
subheading 7211.23.15:
`` Other:
7225.50.80 Of high-nickel
alloy steel... 2.8% Free (E, IL, J)
0.4% (CA) 2.4%
(MX) 28%
Other:
7225.50.85 Of a kind for
use in making
aperture
masks for
cathode-ray
tube video
displays..... Free Free (E, IL, J)
Free (CA) Free
(MX) 28%
7225.50.90 Other: 2.8% Free (E, IL, J) 28%
0.4% (CA) 2.4%
(MX) ''
SEC. 2. APPLICABILITY.
The amendments made by section 1 shall apply with respect to goods
entered, or withdrawn from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment of certain shadow mask steel used in making aperture masks for cathode-ray tube video displays. Decreases the column one duty on other type shadow mask steel, while setting a duty on certain other shadow mask steel. | A bill to amend the Harmonized Tariff Schedule of the United States with respect to shadow mask steel. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Government Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the consent and participation of citizens in their
government is a fundamental principle of our Constitution;
(2) it is critical to the survival and advancement of our
constitutional form of government and to the welfare of our
Nation that the citizens of this country be convinced that
their government is one of the people, by the people and for
the people;
(3) ensuring responsible public service requires that no
individuals be permitted to use an elected office or public
employment for personal gain or for the advancement of the
interests of a foreign governments, foreign corporations, and
special interests;
(4) to ensure public confidence, government should, within
the bounds of the constitutional requirements of separation of
powers, establish proper bounds of conduct and accountability
for all government officials, whether elected or employed;
(5) the creation of a code of ethics and conduct which is
uniform and harmonized for all legislative and executive branch
officials and personnel will enhance public confidence in their
government.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To ensure the integrity of the Federal Government and
its officials and employees and to restore public confidence in
the performance and merits of the elected officials, any person
who has served as President, Vice President, Chief of Staff, or
senior adviser on the staff of the White House, the head of an
executive department or of an independent agency within the
executive branch with regulatory or rulemaking
responsibilities, a top political appointee, the Chairman of
the Federal Reserve Board, Trade Representative or Chief
International Trade Negotiator, or otherwise been substantially
involved in international trade negotiations, or has been
elected or appointed to serve as a Senator or Representative or
a Delegate to either House of Congress will be prohibited from
representing for pay any foreign government or any corporation
or company which is not registered, incorporated, or certified
for its legal status according to United States law.
(2) To eliminate a perception that individuals enter or
engage in public service for future private gain, any person
who has served in any capacity in the executive or legislative
branches or any position in any of the military services will
be prohibited from accepting employment to represent the
interests of any foreign government or foreign registered or
based company or corporation from lobbying the United States
Government in any capacity including that of attorney at law or
in fact for at least 2 years immediately after leaving the
Federal Government.
(3) To eliminate a perception that special interest groups
or potential employers or political benefactors have undue
influence within the executive or legislative branch
operations, any person who has been employed in either branch
of government will be prohibited from contacting, lobbying, or
representing any interest except his own before the executive
agency in which that person served or before the office,
committee, or agency of Congress in which such person served if
the person served as an official or employee of the legislative
branch for a period of five years.
(4) To ensure that there is appropriate public information
concerning any potential conflicts of interests and to protect
persons in public life from rumor and unfair accusations,
require all senior level executive and legislative officials
and employees will be required to file financial disclosure
forms which will be a matter of public record.
SEC. 4. FOREIGN AGENTS REGISTRATION ACT OF 1938.
(a) In General.--Section 1(c)(1) of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611(c)(1)) is amended by--
(1) striking ``or'' after the semicolon in clause (iii);
(2) striking ``and'' after the semicolon in clause (iv) and
inserting ``or''; and
(3) adding after clause (iv) the following:
``(v) within the United States makes oral or
written contact with a legislative or executive branch
official which is directed toward formulation,
modification, or adoption of Federal legislation,
including--
``(I) legislative proposals or the approval
or disapproval of international treaties or
agreements;
``(II) formulation, modification, or
adoption of a Federal rule, regulation,
administrative or Executive order, or any
program, policy, or official position of any
agency, bureau, or office of the United States
Government except in the case of written
comments filed in a public docket and other
communications that are made on the record in a
public proceeding or are filed of record or
made in the course of a hearing before a
judicial officer in a judicial or
administrative proceeding; and
``(III) the administration, execution, or
enforcement of any Federal program or policy
(including the negotiation, award, or
administration of a Federal contract, grant,
loan, permit or license),
except for oral or written contact made--
``(aa) by representatives of a
media organization who are primarily
engaged in gathering and disseminating
news and information to the public;
``(bb) in a speech, article, or
other publication or through the media;
``(cc) in the course of actual
representation of a client in pending
administrative or legal proceedings
before an executive hearing official or
judicial officer or judge;
``(dd) in testimony given before a
committee, subcommittee, or office of
Congress or submitted for inclusion in
the public record of a hearing
conducted by such committee,
subcommittee, or office or given in an
administrative hearing or judicial
proceeding; or
``(ee) to agency officials with
regard to judicial proceedings,
criminal or civil enforcement
inquiries, investigations, or
proceedings or filings required by
statute or regulations; and''.
(b) Judicial Proceedings.--Section 3(g) of such Act (22 U.S.C.
613(g)) is amended by inserting after ``principal'' the following: ``in
any existing proceeding or criminal or civil law enforcement inquiry or
investigation''.
SEC. 5. RESTRICTIONS ON REPRESENTING FOREIGN PRINCIPALS.
(a) Permanent Restrictions.--Section 207(f) of title 18, United
States Code, is amended by striking paragraph (2) and inserting the
following:
``(2) Permanent restrictions.--(A) Any person who is an
officer or employee described in subparagraph (B) and who,
after his or her service or employment with the United States
terminates, knowingly--
``(i) represents a foreign principal before any
officer or employee of the United States with the
intent to influence a decision of such officer or
employee in carrying out his or her official duties, or
``(ii) aids or advises a foreign principal with the
intent to influence a decision of any officer or
employee of the United States in carrying out his or
her official duties,
shall be punished as provided in section 216 of this title.
``(B) The officers and employees subject to the
restrictions set forth in subparagraph (A) are--
``(i) the President;
``(ii) any person who is subject to the
restrictions contained in subsection (c) or (d); and
``(iii) any officer or employee of the executive or
legislative branch--
``(I) who personally and substantially
participates in any trade negotiation or treaty
negotiation (as such terms are defined in
subsection (b)(2)) on behalf of the United
States, or
``(II) who has access to information which
concerns such a trade negotiation or treaty
negotiation, which is exempt from disclosure,
as designated by the appropriate department or
agency, under section 552 of title 5, and which
such officer or employee knew or should have
known was so designated; and
``(iv) a Member of Congress.
``(3) Definitions.--For purposes of this subsection--
``(A) the term `foreign entity' means the
government of a foreign country as defined in section
1(e) of the Foreign Agents Registration Act of 1938 or
a foreign political party as defined in section 1(f) of
that Act; and
``(B) the term `foreign principal' has the meaning
given that term in section 1(b) of the Foreign Agents
Registration Act of 1938.''.
(b) Two-Year Restriction.--Section 207(f) of title 18, United
States Code, is amended by striking paragraph (1) and inserting the
following:
``(1) Two-year restriction.--Any person who is an officer
or employee (including any special Government employee) of the
executive branch of the United States (including any
independent agency), of the District of Columbia, or a Member,
officer, or employee of the Congress and who knowingly, within
2 years after leaving his or her position, office, or
employment--
``(A) represents a foreign entity before any
officer or employee of any department or agency of the
United States with the intent to influence a decision
of such officer or employee in carrying out his or her
official duties; or
``(B) aids or advises a foreign entity with the
intent to influence a decision of any officer or
employee of any department or agency of the United
States, in carrying out his or her official duties,
shall be punished as provided in section 216 of this title.''.
(c) Effective Date.--The restrictions contained in section 207(f)
of title 18, United States Code, as added by subsections (a) and (b) of
this section--
(1) shall apply only to persons whose service as officers
or employees of the Government, or as Members of Congress,
described in subsections (a) and (b) terminates on or after the
date of the enactment of this Act; and
(2) in the case of officers, employees, and Members of
Congress described in section 207(f)(2)(B)(ii) of title 18,
United States Code (as added by subsection (a)), shall apply
only with respect to participation in trade negotiations or
treaty negotiations, and with respect to access to information,
occurring on or after such date of enactment.
SEC. 6. FIVE-YEAR BAN ON ANY LOBBYING.
Section 207 of title 18, United States Code, is amended--
(1) in subsection (a)(2) by--
(A) striking ``Two-year'' in the caption and
inserting ``Five-year''; and
(B) striking ``2 years'' and inserting ``5 years'';
(2) in subsection (b)(1) by--
(A) striking ``One-year'' in the caption and
inserting ``Five-year'';
(B) striking ``1-year'' and inserting ``5-year'';
and
(C) striking ``1 year'' and inserting ``5 years'';
(3) in subsection (c)--
(A) by striking ``One-Year'' in the caption and
inserting ``Five-Year''; and
(B) in paragraph (1) by striking ``one year after''
and inserting ``five years after'';
(4) in subsection (d)(1) by striking ``1 year'' and
inserting ``5 years''; and
(5) in subsection (e) by striking ``1 year after'' each
place it appears and inserting ``5 years after''.
SEC. 7. BROADEN COVERAGE OF DISCLOSURE REQUIREMENTS.
(a) Executive Branch.--Section 101(f)(3) of the Ethics in
Government Act of 1978 is amended by--
(1) striking ``above GS-15'' and inserting ``at or above
GS-14''; and
(2) striking ``120 percent of the minimum rate of basic pay
payable for GS-15'' and inserting ``the minimum rate of basic
pay payable for GS-14''.
(b) Military--Section 101(f)(3) of the Ethics in Government Act of
1978 (5 U.S.C. App. 6) is amended by inserting before ``; and'' the
following: ``any commissioned officer in the Armed Forces who is
serving on the staff of a general or flag officer''.
(c) Legislative Branch.--Section 109(13) of the Ethics in
Government Act of 1978 (5 U.S.C. App. 6) is amended--
(1) in subparagraph (B)(i) by striking ``GS-16'' and
inserting ``GS-14''; and
(2) by striking subparagraph (B)(ii) and inserting the
following:
``(ii) each majority and minority Chief of Staff,
Legislative Director, Administrative Assistant, Chief
Counsel, and Legal Counsel of a Member, committee, or
subcommittee, and each majority and minority clerk of a
committee, or any person serving in a substantially
similar position.''.
SEC. 8. FORFEITURES OF ANNUITY OR RETIRED PAY.
Section 8312 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``or'' after the
semicolon;
(B) in paragraph (2) by striking the period and
inserting ``; or''; and
(C) adding at the end of paragraph (2) the
following:
``(3) was convicted before, on, or after the date of
enactment of the Responsible Government Act of 1993, of an
offense named by subsection (d) of this section, to the extent
provided by that subsection.'';
(2) in subsection (a)--
(A) in subparagraph (A) by striking ``and'' after
the semicolon;
(B) in subparagraph (B) by striking the period and
inserting ``; and''; and
(C) by adding after subparagraph (B) the following:
``(C) with respect to offenses named by subsection
(d), to the period after the date of conviction or
after the date of enactment of the Responsible
Government Act of 1993, whichever is later.''; and
(3) by adding at the end thereof the following:
``(d)(1) Subsection (a) of this section applies to an individual
convicted before, on, or after the date of enactment of the Responsible
Government Act of 1993 of an offense described in paragraph (2).
``(2) The offense referred to in paragraph (1) is a criminal
offense involving an individual subject to this section who--
``(A) acts as a foreign agent--
``(i) without registering; or
``(ii) without filing a financial disclosure form,
as required by Federal law; or
``(B) acts as a foreign agent and files a false financial
disclosure form in violation of Federal law.''. | Responsible Government Act of 1993 - Amends the Foreign Agents Registration Act of 1938 (FARA) to subject to registration and other FARA requirements foreign agents seeking to influence Federal legislation, executive rulemaking, or the administration of any Federal program or policy through outside contracts with legislative or executive branch officials. Modifies the registration exemption under FARA pertaining to legal representation of disclosed foreign principals.
Amends the Federal criminal code to permanently ban former senior executive and legislative branch officials, including former Presidents, Vice Presidents, and Members of Congress, as well as senior military officers, from representing or advising foreign principals. Modifies and extends to : (1) two years the current one-year lobbying ban on representing and advising foreign entities; and (2) five years the current ban on all other lobbying activities (other than those involving the personal and substantial participation of the officer or employee involved, which remain permanently banned) involving former officers and employees of the executive and legislative branches and the District of Columbia, Vice Presidents, and Members of Congress.
Amends the Ethics in Government Act of 1978 to subject additional executive and legislative branch personnel to financial disclosure requirements under that Act.
Provides for forfeiture of Federal retirement benefits for violating requirements for registration as a foreign agent and related financial disclosures. | Responsible Government Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fentanyl and Heroin Task Force
Act''.
SEC. 2. FENTANYL AND HEROIN TASK FORCE.
(a) Amendment To Establish Task Force.--The Controlled Substances
Act (21 U.S.C. 801 et seq.) is amended by inserting after section 520
the following new section:
``SEC. 521. FENTANYL AND HEROIN TASK FORCE.
``(a) Inter-Agency Task Force.--Not more than one year after the
date of enactment of this section, the Attorney General shall establish
a task force to be known as the `Fentanyl and Heroin Inter-Agency Task
Force' (in this section referred to as the `Task Force').
``(b) Duties.--The Task Force shall--
``(1) coordinate Federal agency efforts to identify,
target, and dismantle organizations that traffic fentanyl or
heroin;
``(2) identify sources of fentanyl and heroin production
and distribution; and
``(3) provide to Federal, State, and local law enforcement
agencies--
``(A) a description of best practices with respect
to handling and disposal of fentanyl;
``(B) as necessary, updated information about
efforts to identify, target, and dismantle
organizations that traffic fentanyl or heroin; and
``(C) operational and investigative support with
respect to efforts to identify, target, and dismantle
organizations that traffic fentanyl or heroin.
``(c) Semiannual Report.--
``(1) Timing.--Not later than one year after the date of
the establishment of the Task Force, and semiannually
thereafter, the Task Force shall submit to Congress a report
containing the information described in paragraph (2).
``(2) Content.--A report under paragraph (1) shall
include--
``(A) a description of the status of fentanyl and
heroin trafficking within the United States during the
previous six-month period;
``(B) a summary of Federal, State, and local
efforts to eradicate fentanyl and heroin trafficking
and an evaluation of the efficacy of those efforts; and
``(C) recommendations of the Task Force with
respect to any authorizations by Congress that would
enable the Task Force to carry out the duties under
subsection (b).
``(d) Membership.--
``(1) Composition.--The Task Force shall include a
chairperson and representatives selected by the heads of the
following Federal entities--
``(A) Customs and Border Protection;
``(B) the Drug Enforcement Administration;
``(C) the Federal Bureau of Investigation;
``(D) Immigration and Customs Enforcement Homeland
Security Investigations;
``(E) the International Trade Administration;
``(F) the Internal Revenue Service;
``(G) the Office of National Drug Control Policy;
``(H) the United States Postal Inspection Service;
and
``(I) not more than two additional Federal agencies
selected by the Attorney General.
``(2) Chairperson.--The Attorney General shall appoint the
chairperson of the Task Force.
``(3) Term of membership.--Members of the Task Force shall
serve until the head of the respective entity of the member
appoints a new representative to the Task Force. The
chairperson shall serve until the Attorney General appoints a
new chairperson.
``(4) Member pay.--Members of the Task Force may not
receive additional pay, allowances, or benefits by reason of
their service on the Task Force.
``(e) Operating Rules and Procedures.--
``(1) Voting.--Each member of the Task Force shall have one
vote.
``(2) Rules and procedures.--Any member of the Task Force
may propose to create or alter existing operating rules and
procedures consistent with the functions of the Task Force. Any
change to the operating rules and procedures shall be adopted
only upon a majority vote of the Task Force.
``(3) Recommendations.--The Task Force shall adopt
recommendations under subsection (c)(2)(C) only upon a majority
vote of the board.
``(4) Quorum.--Six members of the Task Force shall
constitute a quorum but a lesser number may hold meetings.
``(f) Director and Staff.--
``(1) Director.--The Task Force may appoint and set the pay
of a director.
``(2) Staff.--The director may appoint not more than 10
staff personnel as the director considers appropriate.
``(3) Applicability of certain civil service laws.--The
staff of the Task Force shall be appointed subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
``(4) Experts and consultants.--The Task Force and the
director, acting with the approval of the Task Force, may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(5) Staff of federal agencies.--Upon the request of the
director, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Task Force to assist it in carrying
out its duties under this section.
``(g) Powers of the Task Force.--
``(1) Hearings and sessions.--The Task Force may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Task Force considers appropriate.
``(2) Powers of members and agents.--Any member or agent of
the Task Force may, if authorized by the Task Force, take any
action which the Task Force is authorized to take by this
section.
``(3) Obtaining official data.--Subject to applicable
privacy laws and regulations, the Task Force may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the chairperson of the Task Force, the head of
that department or agency shall furnish that information to the
Task Force.
``(4) Mails.--The Task Force may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the United States.
``(5) Administrative support services.--Upon the request of
the Task Force, 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 under this section.
``(6) Contract authority.--To the extent or in the amounts
provided in advance in appropriation Acts, the Task Force may
contract with and compensate government and private agencies or
persons for services necessary to carry out its duties under
this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for the period of fiscal years 2019 through
2024 to carry out this section.
``(i) Definitions.--For the purposes of this section:
``(1) Fentanyl.--The term `fentanyl' includes any
controlled substance analogue of fentanyl.
``(2) Heroin.--The term `heroin' includes any controlled
substance analogue of heroin.''.
(b) Amendment to Table of Contents.--The table of contents for the
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding
after the item relating to section 520 the following:
``Sec. 521. Fentanyl and Heroin Task Force.''. | Fentanyl and Heroin Task Force Act This bill amends the Controlled Substances Act to establish the Fentanyl and Heroin Inter-Agency Task Force: (1) to coordinate federal efforts to identify, target, and dismantle organizations that traffic fentanyl or heroin; (2) to identify sources of fentanyl and heroin production and distribution; and (3) to provide best practices, updated information, and support to federal, state, and local law enforcement agencies. | Fentanyl and Heroin Task Force Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Our Federal Building
Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(2) since citizens of the United States spend up to 90
percent of a day indoors, there is a significant potential for
exposure to environmental tobacco smoke from indoor air;
(3) exposure to environmental tobacco smoke occurs in
schools, public buildings, and other indoor facilities;
(4) recent scientific studies have concluded that exposure
to environmental tobacco smoke is a cause of lung cancer in
healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts in sensitive
populations (including children);
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) according to information released by the Environmental
Protection Agency, environmental tobacco smoke results in a
loss to the economy of over $3,000,000,000 per year.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Executive agency.--The term ``Executive agency'' has
the meaning provided in section 105 of title 5, United States
Code.
(3) Federal agency.--The term ``Federal agency'' includes
any Executive agency, the Executive Office of the President,
any military department, any court of the United States, the
Administrative Office of the United States Courts, the Library
of Congress, the Botanic Garden, the Government Printing
Office, the Congressional Budget Office, the United States
Postal Service, the Postal Rate Commission, the Office of the
Architect of the Capitol, the Office of Technology Assessment,
and any other agency of the executive, legislative, and
judicial branches.
(4) Federal building.--The term ``Federal building'' means
any building or other structure owned or leased for use by a
Federal agency, except that the term shall not include any area
of a building that is used primarily as living quarters.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. NONSMOKING POLICY FOR FEDERAL BUILDINGS.
(a) In General.--
(1) Issuance of guidelines.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
issue guidelines for instituting and enforcing a nonsmoking
policy at each Federal agency.
(2) Contents of guidelines.--A nonsmoking policy that meets
the requirements of the guidelines shall, at a minimum,
prohibit smoking in each indoor portion of a Federal building
that is not ventilated separately (as defined by the
Administrator) from other portions of the facility.
(b) Adoption of Guidelines.--
(1) In general.--As soon as is practicable after the date
of issuance of the guidelines referred to in subsection (a),
the head of each Executive agency, and the Director of the
Administrative Office of the United States Courts shall adopt a
nonsmoking policy applicable to the Federal agency under the
jurisdiction of the individual that meets the requirements of
the guidelines referred to in subsection (a), and take such
action as is necessary to ensure that the policy is carried out
in the manner specified in the guidelines.
(2) Legislative branch.--As soon as is practicable after
the date of issuance of the guidelines referred to in
subsection (a), the following entities and individuals shall
adopt a nonsmoking policy that meets the requirements of the
guidelines referred to in subsection (a), and take such action
as is necessary to ensure that the policy is carried out in the
manner specified in the guidelines:
(A) With respect to the House of Representatives
(including any office space or buildings of the House
of Representatives), the House Office Building
Commission.
(B) With respect to the Senate (including any
office space or buildings of the Senate), the Committee
on Rules and Administration of the Senate.
(C) With respect to any other area occupied or used
by a Federal agency of the legislative branch, the
Architect of the Capitol.
(3) Certification for executive agencies.--The
Administrator of General Services, in consultation with the
Administrator, shall review each nonsmoking policy adopted by
the head of an Executive agency and shall certify those
policies that meet the requirements of the guidelines referred
to in subsection (a). In carrying out the certification, the
Administrator of General Services shall use a procedure and
apply criteria that the Administrator shall establish. Except
as provided in subsection (c), if a policy does not meet the
requirements of the guidelines, the Administrator of General
Services shall--
(A) in a written communication, advise the head of
the Executive agency concerning modifications of the
policy to meet the requirements; and
(B) publish the communication in the Federal
Register.
(c) Waivers.--
(1) Executive agencies.--The head of an Executive agency
may publicly petition the Administrator of General Services for
a waiver from instituting or enforcing a nonsmoking policy (or
policy requirement) under the guidelines issued pursuant to
subsection (a). The Administrator of General Services may waive
the requirement if, after consultation with the Administrator,
the Administrator of General Services determines that--
(A) unusual extenuating circumstances prevent the
head of the Federal agency from enforcing the policy
(or a requirement under the policy) (including a case
in which the Federal agency shares space in an indoor
facility with a non-Federal entity and cannot obtain an
agreement with the other entity to abide by the
nonsmoking policy requirement) and the head of the
Executive agency will establish and make a good-faith
effort to enforce an alternative nonsmoking policy (or
alternative requirement under the policy) that will
protect individuals from exposure to environmental
tobacco smoke to the maximum extent possible; or
(B) the head of the Executive agency will enforce
an alternative nonsmoking policy (or alternative
requirement under the policy) that will protect
individuals from exposure to environmental tobacco
smoke to the same degree as the requirement under the
guidelines issued pursuant to subsection (a).
(2) Agencies of the judicial branch.--After consultation
with the Administrator, and after providing public notice and
reasonable opportunity for public review and comment, the
Director of the Administrative Office of the United States
Courts may, on the basis of the criteria for a waiver referred
to in paragraph (1), make such modifications to the nonsmoking
policy required to be carried out pursuant to subsection (b) as
the Director determines to be necessary. The Director may not
make any modification that violates the criteria for a waiver
under paragraph (1).
(3) Agencies of the legislative branch.--After consultation
with the Administrator, and after providing public notice and
reasonable opportunity for public review and comment, the
appropriate entity or individual referred to in subparagraphs
(A) through (C) of subsection (b)(2) may, on the basis of the
criteria for a waiver referred to in paragraph (1), make such
modifications to the nonsmoking policy required to be carried
out pursuant to subsection (b) as the entity or individual
determines to be necessary. The entity or individual may not
make any modification that violates the criteria for a waiver
under paragraph (1).
(d) Collective Bargaining Agreements.--
(1) In general.--In a Federal agency in which a labor
organization has been accorded recognition as a bargaining unit
pursuant to chapter 71 of title 5, United States Code, the
Federal agency shall engage in collective bargaining pursuant
to section 7114 of title 5, United States Code, to ensure the
implementation of the requirements of this section that affect
work areas predominately occupied by the employees represented
by the labor organization by the date of the adoption, pursuant
to this section, of a nonsmoking policy applicable to the
Federal agency.
(2) Exemption.--
(A) In general.--If, on the date of enactment of
this Act--
(i) a bargaining unit referred to in
paragraph (1) has in effect a collective
bargaining agreement with respect to which a
Federal agency is a party; and
(ii) the collective bargaining agreement
referred to in clause (i) includes provisions
relating to smoking privileges that are in
violation of the requirements of this section,
the head of the Federal agency may exempt work areas
predominately occupied by the employees subject to the
collective bargaining agreement from the nonsmoking
policy that the Federal agency is required to be
carried out under subsection (b).
(B) Termination of exemption.--
(i) In general.--An exemption referred to
in subparagraph (A) shall terminate on the
earlier of--
(I) the first expiration date
(after the date of enactment of this
Act) of the collective bargaining
agreement containing the provisions
relating to smoking privileges; or
(II) the date that is 1 year after
the date of issuance of the guidelines.
(ii) Implementation of nonsmoking policy
after termination date.-- By the applicable
date specified in clause (i)(II), the head of
each Federal agency shall be required to
enforce a nonsmoking policy that meets the
requirements of the guidelines issued under
subsection (a) in each work area under the
jurisdiction of the head of the Federal agency,
notwithstanding any collective bargaining
agreement that contains provisions that are
less restrictive than the nonsmoking policy.
SEC. 5. TECHNICAL ASSISTANCE AND OUTREACH ACTIVITIES.
(a) Technical Assistance.--The Administrator and the Secretary
shall provide technical assistance to the heads of Federal agencies and
other persons who request technical assistance. The technical
assistance shall include information--
(1) on smoking cessation programs for employees; and
(2) to assist in compliance with the requirements of this
Act.
(b) Outreach Activities.--
(1) In general.--The Administrator, in consultation with
the Secretary, shall establish an outreach program to inform
the public concerning the dangers of environmental tobacco
smoke. As part of the outreach program, the Administrator and
the Secretary shall make available to the general public
brochures and other educational materials. In establishing the
programs under this paragraph, the Administrator and the
Secretary shall cooperate to maximize the sharing of
information and resources.
(2) Environmental tobacco smoke advisory office.--
(A) In general.--The Administrator shall establish
within the Office of Radiation and Indoor Air of the
Environmental Protection Agency an office, to be known
as the ``Environmental Tobacco Smoke Advisory Office''.
The Administrator shall appoint a Director to carry out
the functions of the office.
(B) Duties of the director.--The Director shall--
(i) provide information on smoking
cessation;
(ii) provide information to assist in
compliance with the requirements of this Act;
(iii) provide information on the dangers of
environmental tobacco smoke to any person who
requests the information;
(iv) establish a telephone hotline to
provide information on the dangers of
environmental tobacco smoke; and
(v) carry out any other function of the
Office that the Administrator determines to be
appropriate.
SEC. 6. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of this Act, the
Administrator shall submit a report to Congress that includes--
(1) information concerning the degree of compliance with
this Act; and
(2) an assessment of the legal status of smoking in public
places.
SEC. 7. PREEMPTION.
Nothing in this Act is intended to preempt any provision of law of
a State or political subdivision of a State that is more restrictive
than a provision of this Act. | Preventing Our Federal Building Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of 1993 - Directs the Administrator of the Environmental Protection Agency (EPA) to issue guidelines for enforcing a nonsmoking policy at Federal agencies. Requires such policy, at a minimum, to prohibit smoking in each portion of a Federal building that is not ventilated separately.
Directs the heads of Federal agencies, the Director of the Administrative Office of U.S. Courts, and specified entities of the legislative branch to adopt such a nonsmoking policy.
Authorizes agencies to petition for a waiver from the general requirements if extenuating circumstances prevent enforcement and such agencies make a good-faith effort to enforce an alternative policy that will protect individuals from exposure to environmental tobacco smoke.
Requires Federal agencies in which a labor organization has been accorded bargaining unit recognition to engage in collective bargaining to ensure implementation of requirements that affect work areas predominantly occupied by the organization's members. Exempts such work areas from the nonsmoking policy if the bargaining unit and the Federal agency have a collective bargaining agreement that includes provisions relating to smoking privileges that are in violation of this Act's requirements. Terminates such exemption on the earlier of the first expiration date of the agreement or one year after the date of issuance of the guidelines.
Directs the Administrator and the Secretary of Health and Human Services to provide technical assistance to Federal agencies and other persons who request it.
Requires the Administrator to: (1) establish an outreach program informing the public of the dangers of environmental tobacco smoke; (2) establish an Environmental Tobacco Smoke Advisory Office within the EPA Office of Radiation and Indoor Air; and (3) report to the Congress on compliance with this Act and an assessment of the legal status of smoking in public places. | Preventing Our Federal Building Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Area Health Education Center Program
Extension Act''.
SEC. 2. AREA HEALTH EDUCATION CENTER PROGRAM.
Section 746 of the Public Health Service Act (42 U.S.C. 293j et
seq.) is amended to read as follows:
``SEC. 746. AREA HEALTH EDUCATION CENTER PROGRAMS.
``(a) Authority for Provision of Financial Assistance.--
``(1) Assistance for planning, development, and operation
of programs.--
``(A) In general.--The Secretary shall award grants
to and enter into contracts with schools of medicine
and osteopathic medicine and incorporated consortia
made up of such schools, or the parent institutions of
such schools, for projects for the planning,
development and operation of area health education
center programs that--
``(i) improve the recruitment,
distribution, supply, quality and efficiency of
personnel providing health services in
underserved rural and urban areas and personnel
providing health services to populations having
demonstrated serious unmet health care needs;
``(ii) increase the number of primary care
physicians and other primary care providers who
provide services in underserved areas through
the offering of an educational continuum of
health career recruitment through clinical
education concerning underserved areas in a
comprehensive health workforce strategy;
``(iii) carry out recruitment and health
career awareness programs to recruit
individuals from underserved areas and under-
represented populations into the health
professions;
``(iv) prepare individuals to more
effectively provide health services to
underserved areas or underserved populations
through field placements, preceptorships, the
conduct of or support of community-based
primary care residency programs, and agreements
with community-based organizations such as
community health centers, migrant health
centers, Indian health centers, public health
departments and others;
``(v) conduct health professions education
and training activities for students and
medical residents;
``(vi) conduct at least 10 percent of
medical student required clinical education at
sites remote to the primary teaching facility
of the contracting institution; and
``(vii) provide information dissemination
and educational support to reduce professional
isolation, increase retention, enhance the
practice environment, and improve health care
through the timely dissemination of research
findings using relevant resources.
``(B) Project terms.--
``(i) In general.--Except as provided in
clause (ii), the period during which payments
may be made under an award under subparagraph
(A) may not exceed--
``(I) in the case of a project, 12
years or
``(II) in the case of a center
within a project, 6 years.
``(ii) Exception.--The periods described in
clause (i) shall not apply to--
``(I) projects that have completed
the initial period of Federal funding
under this section and that desire to
compete for model awards under
paragraph (2)(A); and
``(II) projects that apply for
awards under subsection (d) regardless
of whether such projects have completed
their initial period of Federal funding
under this section.
``(2) Assistance for operation of model programs.--
``(A) In general.--In the case of any entity
described in paragraph (1)(A) that--
``(i) has previously received funds under
this section;
``(ii) is operating an area health
education center program; and
``(iii) is no longer receiving financial
assistance under paragraph (1);
the Secretary may provide financial assistance to such
entity to pay the costs of operating and carrying out
the requirements of the program as described in
746(a)(1).
``(B) Matching requirement.--With respect to the
costs of operating a model program under subparagraph
(A), an entity, to be eligible for financial assistance
under subparagraph (A), shall make available (directly
or through contributions from State, county or
municipal governments, or the private sector) recurring
non-Federal contributions in cash toward such costs in
an amount that is equal to not less than 50 percent of
such costs.
``(C) Limitation.--The aggregate amount of awards
provided under subparagraph (A) to entities in a State
for a fiscal year may not exceed the lesser of--
``(i) $2,000,000; or
``(ii) an amount equal to the product of
$250,000 and the aggregate number of area
health education centers operated in the State
by such entities.
``(b) Requirements for Centers.--
``(1) General requirement.--Each area health education
center that receives funds under this section shall encourage
the regionalization of health professions schools through the
establishment of partnerships with community-based area health
education centers.
``(2) Service area.--Each area health education center that
receives funds under this section shall specifically designate
a geographic area or medically underserved population to be
served by the center. Such area or population shall be in a
location removed from the main location of the teaching
facilities of the schools participating in the program with
such center.
``(3) Other requirements.--Each area health education
center that receives funds under this section shall--
``(A) assess the health personnel needs of the area
to be served by the center and assist in the planning
and development of training programs to meet such
needs;
``(B) arrange and support rotations for students
and residents in family medicine, general internal
medicine or general pediatrics, with at least one
center in each program being affiliated with or
conducting a rotating osteopathic internship or medical
residency training program in family medicine, general
internal medicine, or general pediatrics in which no
fewer than 4 individuals are enrolled in first-year
positions;
``(C) conduct interdisciplinary training that
involves physicians and other health personnel
including, where practicable, public health
professionals, physician assistants, nurse
practitioners, and nurse midwives; and
``(D) have an advisory board, at least 75 percent
of the members of which shall be individuals, including
both health service providers and consumers, from the
area served by the center.
``(c) Certain Provisions Regarding Funding.--
``(1) Allocation to centers.--Not less than 75 percent of
the total amount of Federal funds provided to an entity under
this section shall be allocated by an area health education
center program to the area health education centers. Such
entity shall enter into an agreement with each center for
purposes of specifying the allocation of such 75 percent of
funds.
``(2) Operating costs.--With respect to the operating costs
of the area health education program of an entity receiving
funds under this section, the entity shall make available
(directly or through contributions from State, county or
municipal governments, or the private sector) non-Federal
contributions in cash toward such costs in an amount that is
equal to not less than 50 percent of such costs, except that
the Secretary may grant a waiver for up to 75 percent of the
amount of the required non-Federal match in the first three
years in which an entity receives funds under this section.
``(d) Health Education and Training Centers.--
``(1) Requirements.--A health education training center
shall be an entity eligible for funds under this section that--
``(A) addresses the persistent and severe unmet
health care needs in States along the border between
the United States and Mexico and in the State of
Florida, and in other urban and rural areas with
populations with serious unmet health care needs;
``(B) establishes an advisory board comprised of
health service providers, educators and consumers from
the service area;
``(C) conducts training and education programs for
health professions students in these areas;
``(D) conducts training in health education
services, including training to prepare community
health workers; and
``(E) supports health professionals practicing in
the area through educational and other services.
``(2) Allocation of funds.--The Secretary shall make
available 50 percent of the amounts appropriated for each
fiscal year under subsection (e) for the establishment or
operation of health education training centers through projects
in States along the border between the United States and Mexico
and in the State of Florida.
``(e) Authorization of Appropriations.--
``(1) Area health education center programs.--
``(A) In general.--There is authorized to be
appropriated to carry out this section, other than
subsection (d), $40,000,000 for each of the fiscal
years 1998 through 2002.
``(B) Required obligation.--Of the amounts
appropriated under subparagraph (A) for each fiscal
year, the Secretary may obligate for awards under
subsection (a)(2)--
``(i) not less than 20 percent of such
amounts in fiscal year 1998;
``(ii) not less than 25 percent of such
amounts in fiscal year 1999;
``(iii) not less than 30 percent of such
amounts in fiscal year 2000;
``(iv) not less than 35 percent of such
amounts in fiscal year 2001; and
``(v) not less than 40 percent of such
amounts in fiscal year 2002.
``(C) Health education and training centers.--There
is authorized to be appropriated to carry out
subsection (d), $10,000,000 for each of the fiscal
years 1998 through 2002.
``(2) Sense of congress.--It is the sense of the Congress
that--
``(A) every State have an active area health
education center program in effect under this section;
and
``(B) the ratio of Federal funding for the model
program under section 746(a)(2) should increase over
time and that Federal funding for other awards under
this section shall decrease so that the national
program will become entirely comprised of programs that
are funded at least 50 percent by State and local
partners.''. | Area Health Education Center Program Extension Act - Amends the Public Health Service Act to replace provisions on area health education center programs with provisions mandating grants and contracts for the planning, development, and operation of area health education center programs that carry out specified functions, including recruiting and preparing individuals to provide health services in underserved rural and urban areas and populations. Allows financial assistance for entities that previously received funding, are operating such a program, and are no longer receiving assistance (model programs), requiring 50 percent matching non-Federal funding.
Sets forth requirements for health education training centers, including that they address persistent and severe unmet health care needs. Makes 50 percent of the amounts appropriated under this Act available for the establishment or operation of health education training centers through projects in States along the border between the United States and Mexico and in the State of Florida.
Authorizes appropriations.
Expresses the sense of the Congress that: (1) every State have an active area health education center program; and (2) the ratio of Federal funding for model programs should increase over time so that the national program will become entirely comprised of programs funded at least 50 percent by State and local partners. | Area Health Education Center Program Extension Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NICS Reporting Improvement Act of
2013''.
SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH.
(a) Title 18 Definitions.--Chapter 44 of title 18, United States
Code, is amended--
(1) in section 921(a), by adding at the end the following:
``(36)(A) Subject to subparagraph (B), the term `has been
adjudicated mentally incompetent or has been committed to a psychiatric
hospital', with respect to a person--
``(i) means the person is the subject of an order or
finding by a judicial officer, court, board, commission, or
other adjudicative body--
``(I) that was issued after a hearing--
``(aa) of which the person received actual
notice; and
``(bb) at which the person had an
opportunity to participate with counsel; and
``(II) that found that the person, as a result of
marked subnormal intelligence, mental impairment, or
mental illness--
``(aa) was an imminent danger to himself or
to others;
``(bb) was guilty but mentally ill in a
criminal case;
``(cc) was not guilty in a criminal case by
reason of insanity or mental disease or defect;
``(dd) was incompetent to stand trial in a
criminal case;
``(ee) was not guilty only by reason of
lack of mental responsibility under section
850a of title 10 (article 50a of the Uniform
Code of Military Justice);
``(ff) required involuntary inpatient
treatment by a psychiatric hospital;
``(gg) required involuntary outpatient
treatment by a psychiatric hospital based on a
finding that the person is an imminent danger
to himself or to others; or
``(hh) required involuntary commitment to a
psychiatric hospital for any reason, including
drug use; and
``(ii) does not include--
``(I) a person who is in a psychiatric hospital for
observation; or
``(II) a voluntary admission to a psychiatric
hospital.
``(B) In this paragraph, the term `order or finding' does not
include--
``(i) an order or finding that--
``(I) has expired or has been set aside or
expunged; or
``(II) requires treatment, supervision, or
monitoring of a person, from which treatment,
supervision, or monitoring the person has been fully
released or discharged;
``(ii) an order or finding that is no longer applicable
because a judicial officer, court, board, commission, or other
adjudicative body has found that the person who is the subject
of the order or finding--
``(I) does not present a danger to himself or to
others;
``(II) has been restored to sanity or cured of
mental disease or defect;
``(III) has been restored to competency; or
``(IV) no longer requires involuntary inpatient or
outpatient treatment by, or involuntary commitment to,
a psychiatric hospital; or
``(iii) an order or finding with respect to which the
person who is subject to the order or finding has been found to
be rehabilitated or has been granted relief from disabilities
through any procedure available under the law of the
jurisdiction in which the order or finding was issued.
``(37) The term `psychiatric hospital' includes a mental health
facility, a mental hospital, a sanitarium, a psychiatric facility, and
any other facility that provides diagnoses by licensed professionals of
mental retardation or mental illness, including a psychiatric ward in a
general hospital.''; and
(2) in section 922--
(A) in subsection (d)(4)--
(i) by striking ``as a mental defective''
and inserting ``mentally incompetent''; and
(ii) by striking ``any mental institution''
and inserting ``a psychiatric hospital''; and
(B) in subsection (g)(4)--
(i) by striking ``as a mental defective or
who has'' and inserting ``mentally incompetent
or has''; and
(ii) by striking ``mental institution'' and
inserting ``psychiatric hospital''.
(b) Technical and Conforming Amendment.--The NICS Improvement
Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) by striking ``as a mental defective'' each place that
term appears and inserting ``mentally incompetent'';
(2) by striking ``mental institution'' each place that term
appears and inserting ``psychiatric hospital''; and
(3) in section 102(c)(3)--
(A) in the paragraph heading, by striking ``as a
mental defective or committed to a mental institution''
and inserting ``mentally incompetent or committed to a
psychiatric hospital''; and
(B) by striking ``mental institutions'' and
inserting ``psychiatric hospitals''. | NICS Reporting Improvement Act of 2013 - Amends federal firearms provisions to define a person who has been adjudicated mentally incompetent or who has been committed to a psychiatric hospital as a person who is the subject of an order or finding issued by a court, board, commission, or other adjudicative body (after a hearing of which the person received actual notice and at which the person had an opportunity to participate with counsel) that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness: (1) was an imminent danger to himself or others, (2) was guilty but mentally ill in a criminal case, (3) was not guilty in a criminal case by reason of insanity or mental disease or defect, (4) was incompetent to stand trial in a criminal case, (5) was not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice, (6) required involuntary inpatient treatment by a psychiatric hospital, (7) required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person was an imminent danger to himself or others, or (8) required involuntary commitment to a psychiatric hospital for any reason, including drug use. Excludes: (1) a person who is in a psychiatric hospital for observation or due to a voluntary admission, and (2) an order or finding that has expired, that has been set aside or expunged, or that is no longer applicable. Defines "psychiatric hospital" to include a mental health facility, mental hospital, sanitarium, psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital. Prohibits: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has been adjudicated mentally incompetent (currently, mental defective) or has been committed to a psychiatric hospital (currently, to any mental institution); and (2) the shipment, transport, or possession in interstate or foreign commerce of a firearm or ammunition by, or the receipt of a firearm or ammunition which has been shipped or transported in such commerce by, any such person. Makes conforming amendments to the NICS Improvement Amendments Act of 2007. | NICS Reporting Improvement Act of 2013 |
SECTION 1. BEST-IN-CLASS APPLIANCES DEPLOYMENT PROGRAM.
(a) In General.--The Secretary of Energy shall, in consultation
with the Administrator, establish and administer a program to be known
as the ``Best-in-Class Appliances Deployment Program''.
(b) Purpose.--The purpose of the Best-in-Class Appliances
Deployment Program is to reward retailers with bonuses for increasing
the sales of best-in-class high-efficiency installed building
equipment, high-efficiency consumer electronics, and high-efficiency
household appliance models, with the goal of reducing life-cycle costs
for consumers, encouraging innovation, and maximizing energy savings
and public benefit. The program shall include bounties under subsection
(c) to retailers for the replacement and recycling of old, inefficient,
and environmentally harmful appliances. The program shall also include
bonuses under subsection (d) to manufacturers for developing new
Superefficient Best-in-Class Products.
(c) Incentives for Sales of Best-in-Class Product Models.--
(1) Selection of best-in-class product models.--In
establishing the program, the Secretary of Energy shall use
broad product classes and select as qualifying Best-in-Class
Product models no more than the most efficient ten percent of
the commercially available product models in a class that
demonstrate, as a group, a distinctly greater energy efficiency
than the average energy efficiency of that class of appliances.
In selecting models, the Secretary shall--
(A) identify commercially available models in the
relevant class of products;
(B) identify the subgroup and percentage of those
models (not greater than 10 percent) that the Secretary
believes share the distinctly higher energy-efficiency
characteristics that warrant designation as best-in-
class;
(C) specify the higher energy-efficiency
characteristic they share;
(D) announce the best-in-class designation and the
best-in-class bonus to be paid for each sale of an
eligible best-in-class model over a 3-year period
beginning on the date of the announcement;
(E) add other models in that class to the list of
best-in-class models eligible for the bonus as they
demonstrate their ability to meet the higher-efficiency
characteristics on which the designation was made; and
(F) make bonus payments for qualifying models sold
during the 3-year period.
(2) Review of best-in-class standards.--The Secretary shall
review annually the product-specific criteria and the product
models that qualify as Best-in-Class Products and, after a 30-
day comment period, make upwards adjustments in the efficiency
criteria as required to maintain an appropriate ratio of such
product models to the total number of product models in the
product class.
(3) Upgrade of best-in-class product eligibility.--To the
extent that the Secretary determines to increase the energy
efficiency required to qualify for best-in-class designation
within any group of product models, the Secretary shall--
(A) consider any Superefficient Best-in-Class
Product models that have been designated pursuant to
subsection (d);
(B) specify and announce the new higher best-in-
class standard;
(C) list those models that qualify as best-in-class
under the new higher standard;
(D) announce any change in the bonus payment
appropriate to increase the market share of such best-
in-class models, which shall not be lower than any
ongoing bonus payment during the 3-year period for any
prior designation of best-in-class models;
(E) pay the new bonus payment for any models
already qualifying under the earlier best-in-class
standard that continue to qualify under the revised
standard for a new 3-year-period; and
(F) continue paying bonus payments at the original
level to any models that qualified at that level but do
not qualify at the new level for the remainder of the
3-year period announced with the original designation.
(4) Size of individual bonus payments.--The size of each
bonus payment shall be the product of--
(A) an amount determined by the Secretary; and
(B) the difference in energy consumption as
determined by comparing the energy used by the
qualifying product and the energy used by the average
product in the product class.
The Secretary shall determine the amount under subparagraph (A)
for each product type in consultation with State and utility
efficiency program administrators as well as the Administrator,
based on estimates of the amount of bonus payment that would
provide significant incentive to increase the market share of
Best-in-Class Products.
(5) Eligible bonus recipient.--(A) The Secretary shall
ensure that not more than 1 bonus payment is provided to
distributors and retailers per unit of eligible models sold.
(B) In this section--
(i) the term ``retailer'' means an individual,
organization, or company that sells products directly
to end-users; and
(ii) the term ``distributor'' mean an individual,
organization, or company that sells products in
multiple lots and not directly to individual end-users.
(C) The Secretary may make distributors eligible to receive
the best-in-class incentive for sales that are not to the final
end-user in addition to retailers to the extent that the
Secretary determines that for a particular product category
distributors are well situated to increase sales of Best-in-
Class Products.
(d) Bounties for Replacement and Retirement of Existing Low-
Efficiency Products.--
(1) The Secretary of Energy shall establish a program to
make a bounty payment for the recovery and recycling of older
operating low-efficiency appliances that might otherwise
continue in operation.
(2) The Secretary shall offer a bounty as an additional
incentive for retailers based on documentation that the sales
of a Best-in-Class Product were accompanied by the retirement
and recycling of an existing inefficient but still-functioning
product by the consumer to whom the Best-in-Class Product was
sold.
(3) The bounty payment shall be based on the difference
between the estimated energy use of the product replaced and
the energy use of an average new product in the product class,
discounted for the estimated remaining lifetime of the product
that was recycled.
(4) The Secretary may specify that the availability of a
product bonus related to sale of a Best-in-Class Product is
linked to the recovery and recycling of an older working
appliance, and may limit the total payment to less than the sum
of the bonus and the bounty payments, if not doing so would
mean that the Nation's total energy use would otherwise
increase.
(5) The Secretary shall ensure that no product for which a
bounty is paid is sold or returned to active service, but that
it is instead destroyed, and recycled to the extent feasible.
(6) The Secretary shall establish standards for
environmentally responsible methods of recycling, especially
for products utilizing refrigerants.
(e) Rewards to Manufacturers for Development of Superefficient
Best-in-Class Products.--
(1) In general.--(A) The Secretary of Energy shall
establish a program to reward manufacturers for the development
and production of Superefficient Best-in-Class Products.
(B) In this section, the term ``Superefficient Best-in-
Class Product'' means a product that--
(i) can be mass produced; and
(ii) achieves the highest level of efficiency that
the Secretary finds could be produced and sold
commercially to mass-market consumers.
(C) The Secretary may establish a standard for a
Superefficient Best-in-Class Product even if no existing
product exists, if the Secretary has reasonable grounds to
conclude that a mass-producable product could be made to meet
that standard.
(D) The Secretary may also establish a superefficient best-
in-class level that is met by one or more existing Best-in-
Class Product models if those product models have distinct
energy efficiency attributes and performance characteristics
that make them significantly better, in the judgment of the
Secretary, than those product models qualifying as best-in-
class, but that represent not more than 10 percent of the
currently qualifying best-in-class models.
(2) Reward.--
(A) The bonus payment provided to a manufacturer
for the development and production of a Superefficient
Best-in-Class Product shall be in addition to any bonus
payments made to retailers for best-in-class
qualification.
(B) The amount of the bonus paid per unit for
qualifying Superefficient Best-in-Class Product models
as sold to retailers or distributors shall be the
product of--
(i) an amount determined by the Secretary;
and
(ii) the difference in energy consumption
as determined by comparing the energy used by
the qualifying product and the energy used by
the average product in the product class.
(C) The Secretary shall determine the amount under
subparagraph (B)(i) for each product type by
considering the present value to the Nation of the
energy (and water or other resources or inputs) saved
over the useful life of the product, and may adjust
this value upward or downward after consultation with
State and utility efficiency program administrators as
well as the Administrator.
(D) The adjustment may also be made based on the
effect of the reward on the sales of products in
different classes that may be affected by this program.
(E) The incremental bonus payments shall be applied
to sales of any Superefficient Best-in-Class Product
for the first 3 years of its sale.
(3) Coordination of incentives.--No product for which
Federal tax credit is received under section 45M of the
Internal Revenue Code of 1986 shall be eligible to receive
bonus payments pursuant to this subsection.
(f) Reporting.--Each retailer, distributor, and manufacturer
participating in the program under this section shall meet any
reasonable request of the Secretary of Energy for documentation of
sales reported for purpose of receiving bonuses or bounties, and shall
report to the Secretary, on a confidential basis for program-design
purposes--
(1) for retailers and distributors, the number of units
sold within each product type and model-specific wholesale
purchase price on a monthly basis;
(2) for manufacturers, model-specific energy consumption
data; and
(3) for manufacturers, on an immediate basis, concerning
any product design or function changes that affect the energy
consumption of the unit.
(g) Auditing Requirements.--The Secretary of Energy shall establish
monitoring and verification protocols to ensure that energy consumption
tests for each model are recorded correctly and that sales of energy-
efficient models are tabulated correctly by each claimant of bonus or
bounty payments under this section. In addition, the Secretary may
require reports from retailers on the methods used to increase the
sales of qualifying products as a factor in determining the level and
allocation of any such payments.
(h) Disclosure.--The Secretary of Energy may require that retailers
and distributors disclose publicly and to consumers their participation
in the program under this section.
(i) Cost-Effectiveness Requirement.--
(1) Definitions.--In this subsection:
(A) Cost-effectiveness.--The term ``cost-
effectiveness'' means a measure of aggregate savings in
the cost of energy over the lifetime of the product as
a ratio to the cost to the Secretary of Energy of the
rewards for the product.
(B) Savings.--The term ``savings'' means the
cumulative megawatt-hours of electricity or million
British thermal units of other fuels saved by a
product, in comparison to projected energy consumption
based on the efficiency performance of displaced new
product sales. The amount of savings is the product
of--
(i) the net number of best-in-class or
superefficient best-in-class pieces of
equipment, electronics, and appliances sold by
a retailer, manufacturer, or distributor in a
calendar year;
(ii) the savings during the projected
useful life of the pieces of equipment,
electronics, and appliances; and
(iii) the impact of any documented measures
to retire and recycle low-performing devices at
the time of purchase of highly-efficient
substitutes.
(2) Requirement.--The Secretary shall make cost-
effectiveness a top priority in designing and administering
this section, except that the cost-effectiveness of the rewards
to manufacturers, in aggregate, may be lower by this measure
than that of the rewards to retailers and distributors.
(j) Authorization.--There are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2010 through 2014
to the Secretary of Energy for purposes of this section, of which not
more than 10 percent for any fiscal year may be expended on program
administration. | Establishes the Best-in-Class Appliances Deployment Program to reward retailers for increasing the sales of high-efficiency installed building equipment, consumer electronics, and household appliance models, with the goal of reducing life-cycle costs for consumers, encouraging innovation, and maximizing energy savings.
Requires that the program include: (1) bounties to retailers for replacing and recycling old, inefficient, and environmentally harmful appliances; and (2) bonuses to manufacturers for developing new Superefficient Best-in-Class Products.
Directs the Secretary of Energy to ensure that not more than one bonus payment is provided to distributors and retailers per unit of eligible models sold. Allows the Secretary to make distributors eligible to receive the incentive for sales that are not to end-users in addition to retailers if the Secretary determines that, for a particular product category, distributors are well situated to increase sales of Best-in-Class Products.
Makes any product that is eligible for an energy efficient appliance tax credit ineligible for a payment to a manufacturer under this Act.
Authorizes the Secretary to require that retailers and distributors disclose publicly and to consumers their participation in the program under this Act.
Directs the Secretary to make cost-effectiveness a top priority in designing and administering this Act, but allows the cost-effectiveness of the rewards to manufacturers, in aggregate, to be lower than that of the rewards to retailers and distributors. Defines "cost-effectiveness" as a measure of aggregate energy cost savings over the life of the product as a ratio to the cost of the rewards. | To establish a Best-in-Class Appliances Deployment Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VAWA Restoration Act''.
SEC. 2. REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) In General.--Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended--
(1) in subsection (a), by inserting ``of an alien who
qualifies for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after
``The status'';
(2) in subsection (c)(2), by striking ``201(b) or a
special'' and inserting ``201(b), an alien who qualifies for
classification under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) of section 204(a)(1), or a special'';
(3) in subsection (c)(4), by striking ``201(b))'' and
inserting ``201(b) or an alien who qualifies for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1))'';
(4) in subsection (c)(5), by inserting ``(other than an
alien who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1))''
after ``an alien''; and
(5) in subsection (c)(8), by inserting ``(other than an
alien who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1)''
after ``any alien''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications for adjustment of status pending on or after the
date of the enactment of this Act.
SEC. 3. REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) In General.--
(1) Special rule for calculating continuous period for
battered spouse or child.--Paragraph (1) of section 240A(d) of
the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended to read as follows:
``(1) Termination of continuous period.--
``(A) In general.--Except as provided in
subparagraph (B), for purposes of this section, any
period of continuous residence or continuous physical
presence in the United States shall be deemed to end
when the alien is served a notice to appear under
section 239(a) or when the alien has committed an
offense referred to in section 212(a)(2) that renders
the alien inadmissible to the United States under
section 212(a)(2) or removable from the United
States under section 237(a)(2) or 237(a)(4), whichever is earliest.
``(B) Special rule for battered spouse or child.--
For purposes of subsection (b)(2), the service of a
notice to appear referred to in subparagraph (A) shall
not be deemed to end any period of continuous physical
presence in the United States.''.
(2) Exemption from annual limitation on cancellation of
removal for battered spouse or child.--Section 240A(e)(3) of
the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is
amended by adding at the end the following:
``(C) Aliens whose removal is cancelled under
subsection (b)(2).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect as if included in the enactment of
section 304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
(b) Modification of Certain Transition Rules for Battered Spouse or
Child.--
(1) In general.--Subparagraph (C) of section 309(c)(5) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1101 note) (as amended by section 203 of the
Nicaraguan Adjustment and Central American Relief Act) is
amended--
(2) by amending the subparagraph heading to read as
follows:
``(C) Special rule for certain aliens granted
temporary protection from deportation and for battered
spouses and children.--''; and
(3) in clause (i)--
(A) by striking ``or'' at the end of subclause
(IV);
(B) by striking the period at the end of subclause
(V) and inserting ``; or''; and
(C) by adding at the end the following:
``(VI) is an alien who was issued
an order to show cause or was in
deportation proceedings prior to April
1, 1997, and who applied for suspension
of deportation under section 244(a)(3)
of the Immigration and Nationality Act
(as in effect before the date of the
enactment of this Act).''.
(4) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note).
SEC. 4. ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND
DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) Removal Proceedings.--
(1) In general.--Section 240(c)(6)(C) of the Immigration
and Nationality Act (8 U.S.C. 1229a(c)(6)(C) is amended by
adding at the end the following:
``(iv) Special rule for battered spouses
and children.--There is no time limit on the
filing of a motion to reopen, and the deadline
specified in subsection (b)(5)(C) does not
apply, if the basis of the motion is to apply
for adjustment of status based on a petition
filed under clause (iii) or (iv) of section
204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), or section 240A(b)(2).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
(b) Deportation Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen deportation proceedings under the
Immigration and Nationality Act (as in effect before the title
III-A effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note)), there is no time limit on the filing of a motion to
reopen such proceedings, and the deadline specified in section
242B(c)(3) of the Immigration and Nationality Act (as so in
effect) does not apply, if the basis of the motion is to apply
for relief under clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act, clause (ii) or (iii) of
section 204(a)(1)(B) of such Act, or section 244(a)(3) of such
Act (as so in effect).
(2) Applicability.--Paragraph (1) shall apply to motions
filed by aliens who--
(A) are, or were, in deportation proceedings under
the Immigration and Nationality Act (as in effect
before the title III-A effective date in section 309 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
(B) have become eligible to apply for relief under
clause (iii) or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act, clause (ii) or (iii)
of section 204(a)(1)(B) of such Act, or section
244(a)(3) of such Act (as in effect before the title
III-A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note)) as a result of the
amendments made by--
(i) subtitle G of title IV of the Violent
Crime Control and Law Enforcement Act of 1994
(Public Law 103-322; 108 Stat. 1953 et seq.);
or
(ii) section 3 of this Act. | VAWA Restoration Act - Amends the Immigration and Nationality Act to modify procedures and provide special rules for battered spouses and children with respect to: (1) adjustment of status; and (2) removal and deportation. | VAWA Restoration Act |
SECTION 1. REDESIGNATION OF TRANSITIONAL AREAS FOR 8-HOUR OZONE
STANDARD.
Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) is amended
by adding the following new subparagraph at the end of paragraph (3):
``(G) In addition to the authority to redesignate
areas under other provisions of this paragraph, the
Administrator shall redesignate as transitional any
area that has been designated as nonattainment for the
8-hour ozone national primary or secondary ambient air
quality standard if--
``(i) the area consists of a single county;
``(ii) the county does not qualify as a
rural transport area under section 182(h)
solely by reason of the presence of an adjacent
standard metropolitan statistical area or
consolidated metropolitan statistical area;
``(iii) the county is not in the ozone
transport region established under section
184(a);
``(iv) the Governor of the State in which
the county is located, after consultation with
the State air pollution control agency (as
defined in section 302(b)), provides to the
Administrator a demonstration that ozone
control measures in effect for such county will
provide that such standard will be attained in
such county on or before the date on which
State implementation plan provisions are
required to be submitted for the attainment and
maintenance of such standard in the
nonattainment area; and
``(v) the Governor of the State in which
the county is located, after consultation with
the State air pollution control agency (as
defined in section 302(b)), makes a binding
commitment to the Administrator that--
``(I) the air pollution control
agency will (in addition to any other
analysis required under other
provisions of this Act) make a
determination regarding the lowest
achievable emission rate (LAER) that
would have applied to each major
stationary source constructed or
modified in the county concerned after
the date of the redesignation of the
county under this subparagraph if such
redesignation had not taken place; and
``(II) the air pollution control
agency will obtain emission offsets in
accordance with section 110(q)(2) for
ozone and ozone precursors emitted from
each source referred to in subclause
(I) if the county fails to attain the
8-hour ozone national primary or
secondary ambient air quality standard
on or before the date on which State
implementation plan provisions are
required to be submitted as provided in
clause (iv).
The Administrator shall make such redesignation
effective within 30 days after receiving such notice
from the Governor.''.
SEC. 2. STATE IMPLEMENTATION PLANS FOR TRANSITIONAL AREAS.
Section 110 of the Clean Air Act (42 U.S.C. 77410) is amended by
adding the following new subsection at the end thereof:
``(q) Transitional Areas.--
``(1) Subtitle C.--Each county redesignated as transitional
pursuant to section 107(d)(1)(G) shall be treated as an
attainment or unclassifiable area for purposes of the
prevention of significant deterioration provisions of part C of
this title.
``(2) Failure to attain.--No later than 3 years after the
redesignation of a county as transitional pursuant to
subparagraph (G) of section 107(d)(1), the Administrator shall
determine whether the county has attained the 8-hour national
primary and secondary standards for ozone. If the Administrator
determines that a county has not attained such standards--
``(A) the county shall be redesignated as
nonattainment within 1 year of the determination and
the State shall be required to submit, within 2 years
of such redesignation as nonattainment, a State
implementation plan revision for such county satisfying
the provisions of part D of this title; and
``(B) such plan revision shall require, in addition
to requirements applicable under other provisions of
this Act, that the State air pollution control agency
will provide offsets (for periods after the
redesignation of the county) in accordance with
paragraph (3) for emissions of ozone and ozone
precursors from each major stationary source
constructed or modified in the county after the date of
the redesignation of the county as transitional under
such subparagraph (G).
``(3) Amount and location of offsets.--The offsets required
under subparagraph (B) of paragraph (2) for each major
stationary source may be obtained from sources in proximity to
the area, in accordance with applicable guidance published by
the Administrator. Such offsets shall be equivalent in amount
to the difference between the following:
``(A) The emissions from the major stationary
source concerned.
``(B) The maximum emissions that would have been
emitted from that source under the applicable
requirments of this Act (including new source review)
if the county had not been redesignated as a
transitional area under section 107(d)(1)(G) for
purposes of the 8-hour national primary and secondary
standards for ozone.''. | Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to redesignate as transitional any area designated as a nonattainment area for the eight-hour ozone national primary or secondary ambient air quality standard (the standard) if: (1) the area is a single county; (2) the county does not qualify as a rural transport area because of an adjacent standard metropolitan statistical area or consolidated metropolitan statistical area; (3) the county is not in an established ozone transport region; (4) the Governor of the State demonstrates that ozone control measures in effect for the county will provide for attainment of the standard by the deadline for submission of applicable State Implementation Plan (SIP) provisions; and (5) the Governor makes a binding commitment that the State air pollution control agency will apply lowest achievable emission rate determinations to stationary sources as if the redesignation had not occurred and obtain emission offsets for ozone and ozone precursors for each such source if the standard is not met by the SIP deadline.
Requires each county redesignated as transitional to be treated as an attainment or unclassifiable area for purposes of provisions addressing the prevention of significant deterioration of air quality.
Directs the Administrator to review transitional counties within three years of redesignation and to redesignate as nonattainment those counties that have failed to attain the standard. Requires States to submit SIP revisions for such counties that provide for the emission offsets mandated by this Act. | To amend the Clean Air Act to provide needed flexibility to States regarding the designation of certain counties as nonattainment areas for ozone under the 8-hour ozone standard, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Scholars Act of 1997''.
SEC. 2. PELL GRANT GUARANTEES.
(a) Amendment.--Subpart 1 of part A of title IV of the Higher
Education Act of 1965 is amended by inserting after section 401 (20
U.S.C. 1070a) the following new section:
``SEC. 401A. PELL GRANT GUARANTEES.
``(a) Purpose.--It is the purpose of this section to require the
Secretary to establish a program to provide to eligible 21st Century
Scholars (in this section referred to as `eligible Scholars') a legally
binding promise, secured by the full faith and credit of the United
States, to provide, for each of up to 4 years of attendance at an
eligible institution, the maximum authorized Pell Grant to cover the
costs of attendance at such institution.
``(b) Eligible Scholars.--
``(1) Eligible scholars.--For purposes of this section, a
student is an eligible Scholar if the student successfully
completed the uppermost grade at a qualifying elementary school
and was a resident of the school attendance area of such school
during the school year in which such grade was completed.
``(2) Qualifying elementary schools.--For purposes of
paragraph (1), an elementary school is a qualifying elementary
school if such school serves a school attendance area in which
the concentration of children from low-income families exceeds
75 percent, as determined under section 1113(a)(3)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(a)(3)(A)).
``(c) Notification to Eligible Scholars.--
``(1) Initial notification.--Upon receipt of notification
from a qualifying elementary school of the identities and
addresses of each student meeting the requirements of
subsection (b), the Secretary shall send to each such student
at their school, and to the parents or guardians of such
student, a written commitment to provide, for each of up to 4
years of attendance at an eligible institution, the maximum
authorized Pell Grant to cover the costs of attendance at an
eligible institution. A copy of the notice shall be maintained
in the student's official record. Such notice shall contain--
``(A) a statement of the value of the award and its
character as a legal obligation of the United States;
and
``(B) the obligations of students and parents or
guardians, including the obligation to meet current
Pell requirements at the time of admission to
postsecondary education, except as otherwise provided
in this section.
``(2) Annual notices.--The Secretary shall annually provide
to each school, for each student notified under paragraph (1),
and to the parents or guardians of such student, a notice restating the
written commitment provided under paragraph (1) and containing--
``(A) a statement of the maximum Pell Grant then
currently authorized;
``(B) a notification to the parents or guardians of
the status of the Secretary's records of the Scholar's
current address, grade, and school where currently
enrolled; and
``(C) instructions to the parents or guardians of
how to inform the Secretary of any changes of the
Scholar's address, grade, or school where currently
enrolled.
``(3) Pledge of full faith and credit.--The full faith and
credit of the United States is pledged to the payment of the
written commitments provided under this subsection.
``(d) Maximum Authorized Pell Grant.--
``(1) In general.--The commitments provided under
subsection (c) shall guarantee to each eligible Scholar an
amount that, subject to paragraph (2), is equal to the greater
of--
``(A) the maximum Pell Grant available, pursuant to
an appropriations Act, for the academic year for which
the Scholar is seeking payment of the commitment; or
``(B) the maximum Pell Grant available, pursuant to
an appropriations Act, for the academic year during
which the Scholar is first notified under subsection
(c)(2) of such commitment.
``(2) Cost of attendance.--Notwithstanding paragraph (1),
the amount guaranteed to an eligible Scholar for any academic
year shall not exceed such Scholar's cost of attendance at the
eligible institution at which such Scholar is enrolled or
accepted for enrollment.
``(3) Other limitations not applicable.--Except as provided
in paragraphs (1) and (2), the Pell Grant awarded under this
section shall not be subject to any reduction based on expected
family contribution, or to any other limitation or reduction
pursuant to section 401 or any other law.
``(e) Applications for Grants.--The Secretary shall from time to
time set dates by which eligible Scholars shall file applications for
payments of the commitments provided under this section. Each such
Scholar shall file an application therefor containing such information
and assurances as the Secretary may deem necessary to enable the
Secretary to carry out the functions and responsibilities of this
section.
``(f) Distribution of Grants to Students.--Payments under this
section shall be made in accordance with regulations promulgated by the
Secretary for such purpose, in such manner as will best accomplish the
purpose of this section. Any disbursement allowed to be made by
crediting the student's account shall be limited to tuition and fees
and, in the case of institutionally owned housing, room and board. The
student may elect to have the institution provide other such goods and
services by crediting the student's account.''.
(b) TRIO Participation and Mentoring.--
(1) TRIO eligibility.--Section 402A(g) of Higher Education
Act of 1965 (20 U.S.C. 1070a-11(g)) is amended by adding at the
end the following new sentence: ``Any individual who has been
identified as an eligible 21st Century Scholar under section
401A shall be treated as a low-income individual for purposes
of this section.''.
(2) Talent search mentoring.--Section 402B(b) of such Act
(20 U.S.C. 1070a-12(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(9);
(B) by striking the period at the end of paragraph
(10) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) special mentoring programs and activities for
eligible 21st Century Scholars identified under section
401A.''.
(3) Early intervention mentoring, counseling, outreach, and
supportive services.--Section 404C(c) of such Act (20 U.S.C.
1070a-23(c)) is amended by striking ``who is eligible'' and
inserting ``who is an eligible 21st Century Scholars identified
under section 401A or who is eligible''.
(c) Conforming Amendments to the Elementary and Secondary Education
Act of 1965.--
(1) State assurances.--Section 1111(c) of the Elementary
and Secondary Education Act of 1965 is amended--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) in paragraph (6), by striking the period and
adding ``; and''; and
(C) by adding at the end the following:
``(7) the State educational agency annually will notify the
recipients of awards under subpart 2 of part A of title IV of
the Higher Education Act of 1965 and the Secretary of the
identities and addresses of all students who meet the
requirements of section 401A(b) of the Higher Education Act of
1965.''.
(2) Local assurances.--Section 1112(c)(1) of the Elementary
and Secondary Education Act of 1965 is amended--
(A) in subparagraph (G), by striking ``and'' after
the semicolon;
(B) in subparagraph (H), by striking the period and
adding ``; and''; and
(C) by adding at the end the following:
``(I) notify the State educational agency annually
of the identities and addresses of all students who
meet the requirements of section 401A(b) of the Higher
Education Act of 1965.''.
(d) Evaluation.--The Secretary of Education shall establish a
system for the evaluation of the 21st Century Scholars Program
established pursuant to the amendments made by this section. Such
evaluation shall include measurements of the impact of the Program on
Pell Grant participation by low-income individuals, the educational
attainment of 21st Century Scholars as compared to control groups, and
any change in social behavior such as teenage pregnancy, drop-out
rates, and juvenile detention and incarceration rates. | 21st Century Scholars Act of 1997 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a 21st Century Scholars Program, which shall give eligible 21st Century Scholars (eligible Scholars) a legally binding promise, secured by the full faith and credit of the United States, to provide the maximum authorized Pell Grant to cover the costs of attendance for each of up to four years of attendance at an eligible institution.
Makes students eligible Scholars if they successfully completed the uppermost grade at a qualifying elementary school and were residents of the such school's attendance area during the school year in which such grade was completed. Makes schools qualifying elementary schools if they serve attendance areas in which the concentration of children from low-income families exceeds 75 percent, as determined under specified provisions of the Elementary and Secondary Education Act of 1965. | 21st Century Scholars Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Lung Health Improvements Act
of 2013''.
SEC. 2. TECHNOLOGY RELATED TO RESPIRABLE DUST.
Section 202(d) of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 842(d)) is amended--
(1) by striking ``of Health, Education, and Welfare''; and
(2) by striking the second sentence and inserting the
following: ``Not later than 6 months after the date of
enactment of the Black Lung Health Improvements Act of 2013,
the Secretary shall issue a final regulation lowering
permissible exposure levels to respirable dust and updating
sampling and testing procedures, in order to provide the
maximum feasible protection from respirable dust, including
coal and silica dust, that is achievable through environmental
and engineering controls. Not later than 5 years after the date
of issuance of such final regulation, and once every 5 years
thereafter, the Secretary shall reexamine the incidence of
pneumoconiosis in miners and, unless there is a decline in
pneumoconiosis, shall update the regulation.''.
SEC. 3. BLACK LUNG MEDICAL REPORTS.
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by
inserting after section 402 the following:
``SEC. 403. MEDICAL REPORTS.
``In any claim for benefits for a miner under this title, an
operator that requires a miner to submit to a medical examination
regarding the miner's respiratory or pulmonary condition shall, not
later than 14 days after the miner has been examined, deliver to the
claimant a complete copy of the examining physician's report. The
examining physician's report shall be in writing and shall set out in
detail the examiner's findings, including any diagnoses and conclusions
and the results of any diagnostic imaging techniques and tests that
were performed on the miner.''.
SEC. 4. GAO REPORT ON BLACK LUNG DISEASE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on any barriers to health care faced by people
with pneumoconiosis.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a review of the application process, including the
appeals process, with respect to the Black Lung Disability
Trust Fund established by section 9501 of the Internal Revenue
Code of 1986;
(2) an assessment of possible barriers to care through the
Black Lung Disability Trust Fund, and the degree to which any
barriers impact the ability of patients with legitimate medical
needs, particularly those patients in rural areas, to access
treatment for pneumoconiosis;
(3) recommendations necessary to address issues, if any,
relating to patient access to care through the Black Lung
Disability Trust Fund; and
(4) an evaluation of whether the current benefit payments
authorized under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.) as of the date of the report, are sufficient to meet the
expenses of disabled miners and survivors.
SEC. 5. REVIEW OF BLACK LUNG BENEFITS PROGRAM FORMS.
(a) Review of Federal Black Lung Benefits Program Forms.--Not later
than 6 months after the date of enactment of this Act, the Secretary of
Labor shall conduct a review of the forms related to obtaining workers'
compensation benefits under the Black Lung Benefits Act (30 U.S.C. 901
et seq.) to determine any paperwork barriers that may exist to speedily
receiving and processing pneumoconiosis benefits claims and the
feasibility of reducing the forms required of applicants to such
program.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Labor shall prepare and
submit a report to Congress regarding--
(1) any changes that the Department has implemented to
reduce the forms and paperwork involved in receiving and
processing pneumoconiosis claims under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.); and
(2) any administrative barriers identified in the review
conducted under subsection (a) that the Department of Labor has
addressed.
SEC. 6. GRANT FUNDS TO STUDY THE PREVENTION AND TREATMENT OF BLACK LUNG
DISEASE.
Section 14(d) of the Mine Improvement and New Emergency Response
Act of 2006 (30 U.S.C. 965(d)) is amended--
(1) by striking ``or to develop'' and inserting ``to
develop''; and
(2) by inserting ``, or for research and outreach related
to the prevention and treatment of pneumoconiosis'' before the
period at the end.
SEC. 7. LEGAL FEE PAYMENT PROGRAM.
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended by
inserting after section 403, as added by section 3, the following:
``SEC. 404. LEGAL FEES.
``(a) Program Established.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Black Lung Health Improvements Act of 2013,
the Secretary shall establish an attorneys' fee payment program
to pay attorneys' fees, using amounts from the fund, on behalf
of claimants in qualifying claims.
``(2) Qualifying claim.--A qualifying claim for purposes of
this section is a contested claim for benefits under this title
for which a final judgment has not been entered within 1 year
of the filing of the claim.
``(3) Use of payments from the fund.--Notwithstanding any
other provision of law, amounts in the fund shall be available
for payments authorized by the Secretary under the program
under this section.
``(b) Payments Authorized.--
``(1) In general.--If a claimant for benefits is a
prevailing party on a qualifying claim before an administrative
law judge, the Benefits Review Board, or a Federal court, and
the judge, Board, or court approves attorneys' fees for work
done before it, the Secretary shall, through the program under
this section, pay an amount of attorneys' fees not to exceed
$1,500 at each stage of the administrative and legal process.
``(2) Maximum.--The program established under this section
shall not pay more than a total of $4,500 in attorneys' fees
for any single qualifying claim.
``(c) Reimbursement of Funds.--In any case where a qualifying claim
results in a final order for compensation, the employer subject to such
claim shall reimburse the fund for any payments made under this section
on behalf of the claimant, subject to enforcement by the Secretary
under section 424 and in the same manner as compensation orders are
enforced under section 21(d) of the Longshore and Harbor Workers
Compensation Act (33 U.S.C. 921(d)).
``(d) Additional Rules.--Nothing in this section shall limit or
otherwise affect an employer's liability for any attorneys' fees
awarded by an administrative law judge, the Benefits Review Board, or a
Federal court, that were not paid by the program under this section.
Nothing in this section shall limit or otherwise affect the ability to
use amounts provided through the fund to pay approved attorneys' fees
in claims for benefits under this title for which a final judgment has
been ordered, in cases where the employer is unable to do so.
``(e) No Recoupment of Attorneys' Fees.--Any payment for attorneys'
fees made by the Secretary under the program under this section shall
not be recouped from the claimant or the claimant's attorney.''.
SEC. 8. BLACK LUNG BENEFITS ACT TECHNICAL AND CONFORMING AMENDMENTS.
The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended--
(1) in section 401(a) (30 U.S.C. 901(a)), by inserting ``or
who were found to be totally disabled by such disease'' after
``such disease'';
(2) by striking subsection (a) of section 411 (20 U.S.C.
921) and inserting the following:
``(a) The Secretary shall, in accordance with the provisions of
this part, and the regulations promulgated by the Secretary under this
part, make payments of benefits in respect of--
``(1) total disability of any miner due to pneumoconiosis;
``(2) the death of any miner whose death was due to
pneumoconiosis;
``(3) total disability of any miner at the time of his
death with respect to claims filed under part C prior to
January 1, 1982;
``(4) survivors' benefits for any claim filed after January
1, 2005, that is pending on or after March 23, 2010, where the
miner is found entitled to receive benefits at the time of his
death as a result of a lifetime claim filed under part C; and
``(5) survivors' benefits where the miner is found entitled
to receive benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1, 1982.'';
and
(3) in section 412(a) (30 U.S.C. 922(a))--
(A) by striking paragraph (2) and inserting the
following:
``(2) In the case of a widow--
``(A) of a miner whose death is due to
pneumoconiosis;
``(B) in a claim filed after January 1, 2005, and
that is pending on or after March 23, 2010, of a miner
who is found entitled to receive benefits at the time
of the miner's death as a result of a lifetime claim
filed under part C;
``(C) of a miner who is found entitled to receive
benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1,
1982; or
``(D) in a claim filed under part C of this
subchapter before January 1, 1982, of a miner who was
totally disabled by pneumoconiosis at the time of his
death,
benefits shall be paid to the miner's widow (if any) at the
rate the deceased miner would receive such benefits if he were
totally disabled.'';
(B) in paragraph (3)--
(i) by striking ``(3) In the case'' and all
that follows through ``section 411(c)'' and
inserting the following: ``(3)(A) In the case
of the child or children of a miner described
in subparagraph (B)''; and
(ii) by adding at the end the following:
``(B) Subparagraph (A) shall apply in the case of any child
or children--
``(i) of a miner whose death is due to
pneumoconiosis;
``(ii) in a claim filed after January 1, 2005, that
is pending on or after March 23, 2010, of a miner who
is found entitled to receive benefits at the time of
his death as a result of a lifetime claim filed under
part C;
``(iii) of a miner who is found entitled to receive
benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1,
1982;
``(iv) in a claim filed under part C before January
1, 1982, of a miner who was totally disabled by
pneumoconiosis at the time of his death;
``(v) of a widow who is found entitled to receive
benefits under this part at the time of her death; or
``(vi) entitled to the payment of benefits under
paragraph (5) of section 411(c).''; and
(C) in paragraph (5), by striking ``In the case''
and all that follows through ``not survived at the time
of his death by a widow or a child,'' and inserting
``In the case of the dependent parent or parents of a
miner who is not survived at the time of the miner's
death by a widow or a child and (i) whose death is due
to pneumoconiosis, (ii) in a claim filed after January
1, 2005, that is pending on or after March 23, 2010,
who is found entitled to receive benefits at the time
of his death as a result of a lifetime claim filed
under part C, (iii) who is found entitled to receive
benefits at the time of his death as a result of a
lifetime claim filed under part C before January 1,
1982, or (iv) in a claim filed under part C before
January 1, 1982, who was totally disabled by
pneumoconiosis at the time of death,''. | Black Lung Health Improvements Act of 2013 - Amends the Federal Mine Safety and Health Act of 1977 to transfer to the Secretary of Labor from the Secretary of Health and Human Services (HHS) (formerly known as the Secretary of Health, Education, and Welfare [HEW]) the duty to establish a schedule reducing the average concentration of respirable dust in the mine atmosphere during each shift to which each miner is exposed below the levels established under that Act to a level of exposure which will prevent new incidences and further development of respiratory disease in any person. Requires the Secretary to: (1) issue a final regulation lowering a miner's permissible exposure level to respirable dust (including coal and silica dust) through environmental and engineering controls, as well as update sampling and testing procedures; and (2) reexamine once every five years the incidence of pneumoconiosis (black lung disease) in miners and, unless black lung disease declines, update the regulation. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination regarding his or her respiratory or pulmonary condition. Directs the Comptroller General (GAO) to report to Congress on any barriers to health care faced by people with black lung disease. Directs the Secretary to review forms for obtaining workers' compensation benefits under the Black Lung Benefits Program to determine any paperwork barriers to receiving and processing black lung benefit claims as well as the feasibility of reducing such forms. Amends the Mine Improvement and New Emergency Response Act of 2006 to direct the Secretary to award competitive Brookwood-Saga Mine Safety Grants to entities for research and outreach to prevent and treat black lung disease. Directs the Secretary to establish an attorneys' fee payment program to pay attorneys' fees of up to $4,500 to prevailing parties on a qualifying black lung benefit claim. Directs the Secretary to make black lung benefit payments to a miner's widow and children in respect of survivors' benefits: (1) for claims filed after January 1, 2005, that are pending on or after March 23, 2010, where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim; and (2) where the miner is found entitled to receive benefits at the time of his death as a result of a lifetime claim filed before January 1, 1982. | Black Lung Health Improvements Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Old Mint Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the San Francisco Old Mint played an important role in
the history of the Nation;
(2) the San Francisco Old Mint was established to convert
miners' gold from the California gold rush into coins;
(3) the San Francisco Old Mint Building was designed by
architect A.B. Mullett, who also designed the United States
Treasury Building and the Old Executive Office Building;
(4) the solid construction of the San Francisco Old Mint
Building enabled it to survive the 1906 San Francisco
earthquake and fire, making it the only financial institution
that was able to operate immediately after the earthquake and
the treasury for disaster relief funds for the city of San
Francisco;
(5) coins struck at the San Francisco Old Mint are
distinguished by the ``S'' Mint Mark;
(6) the San Francisco Old Mint is famous for many rare,
legendary issues, such as the 1870-S $3 coin, which is valued
today at well over $1,000,000; and
(7) the San Francisco Old Mint Commemorative Coin will be
the first commemorative coin to honor a mint.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the San Francisco Old Mint,
the Secretary of the Treasury (in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, each of
which shall--
(A) weigh 8.359 grams;
(B) have a diameter of .850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, each
of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent alloy.
(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.--All coins minted under this Act shall be
considered to be numismatic items for purposes of section 5134 of title
31, United States Code.
SEC. 4. SOURCES OF BULLION.
The Secretary may obtain gold and silver for minting coins under
this Act from any available source.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the San Francisco Old Mint Building,
its importance to California and the history of the United
States, and its role in rebuilding San Francisco after the 1906
earthquake and fire.
(2) Designation and inscriptions.--Each coin minted under
this Act shall contain--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; and
(C) inscriptions of the words--
(i) ``Liberty'';
(ii) ``In God We Trust'';
(iii) ``United States of America''; and
(iv) ``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 Board of the San Francisco
Museum and Historical Society;
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee; and
(3) reviewed by the Board of the San Francisco Museum and
Historical Society.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2006, and
ending on December 31, 2006.
(c) Mint Facility.--The coins authorized under this section shall
be struck at the San Francisco Mint to the greatest extent possible.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued 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) a surcharge in an amount equal to--
(A) $35 per coin for the $5 coin; and
(B) $10 per coin for the $1 coin; and
(3) the per capita 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
issued 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 prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, all proceeds received by the Secretary from any surcharge
imposed on the sale of coins issued under this Act shall be paid by the
Secretary to the San Francisco Museum and Historical Society.
(b) Audits.--As a condition of receiving payments under subsection
(a), the San Francisco Museum and Historical Society shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code. | San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 coins and 500,000 $1 coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire.Requires that all proceeds received by the Secretary from any surcharge imposed on the sale of coins issued under this Act be paid to the San Francisco Museum and Historical Society. | A bill to require the Secretary of the Treasury to mint coins in commemoration of the San Francisco Old Mint. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Protection and
Restoration Act of 2006''.
SEC. 2. OFFSHORE OIL AND GAS LEASING IN 181 AREA OF GULF OF MEXICO.
(a) Definitions.--In this section:
(1) 181 area.--The term ``181 Area'' means the area
identified in map 15, page 58, of the Proposed Final Outer
Continental Shelf Oil and Gas Leasing Program for 1997-2002 of
the Minerals Management Service.
(2) Military mission line.--The term ``Military Mission
Line'' means the north-south line at 8641' W. longitude.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Minerals Management
Service.
(b) Lease Sale.--Except as otherwise provided in this section, the
Secretary shall offer the 181 Area for oil and gas leasing pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon
as practicable, but not later than 1 year, after the date of enactment
of this Act.
(c) Excluded Areas.--In carrying out subsection (b), the Secretary
shall not offer for oil and gas leasing--
(1) any area east of the Military Mission Line, unless the
Secretary of Defense agrees in writing before the area is
offered for lease that the area can be developed in a manner
that will not interfere with military activities; or
(2) any area that is within 100 miles of the coastline of
the State of Florida.
(d) Leasing Program.--The 181 Area shall be offered for lease under
this section notwithstanding the omission of the 181 Area from any
outer Continental Shelf leasing program under section 18 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344).
(e) Disposition of Revenues.--
(1) Definitions.--In this subsection:
(A) Coastal political subdivision.--The term
``coastal political subdivision'' has the meaning given
the term in section 31(a) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356a(a)).
(B) Producing state.--
(i) In general.--The term ``producing
State'' means a State that has a coastal
seaward boundary on the Gulf of Mexico and
within 200 nautical miles of the geographic
center of a leased tract within the 181 Area.
(ii) Exclusion.--The term ``producing
State'' does not include a producing State
described in section 31(a)(9)(B) of the Outer
Continental Shelf Lands Act (43 U.S.C.
1356a(a)(9)(B))).
(C) Qualified outer continental shelf revenues.--
The term ``qualified outer Continental Shelf revenues''
has the meaning given the term in section 31(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356a(a)).
(2) Disbursement.--Of the qualified outer Continental Shelf
revenues that are generated from leases entered into in the 181
Area under this section, the Secretary shall, without further
appropriation, disburse to producing States and coastal
political subdivisions 50 percent of the qualified outer
Continental Shelf revenues that are generated from the 181 Area
during each fiscal year.
(3) Allocation.--
(A) In general.--The Secretary shall disburse and
allocate funds made available under this subsection to
producing States and coastal political subdivisions in
accordance with section 31(b) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356a(b)).
(B) Relation to other disbursements.--Funds
disbursed under subparagraph (A) are in addition to
funds disbursed under paragraphs (1) and (3)(B) of
section 31(b) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356a(b)).
(4) Authorized uses.--
(A) In general.--A producing State or coastal
political subdivision shall use all amounts received
under this subsection in accordance with all applicable
Federal and State laws, only for 1 or more of the
following purposes:
(i) Any of the purposes described in
section 31(d)(1) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356a(d)(1)).
(ii) Funding of onshore infrastructure
projects and public service needs.
(iii) Projects and activities for the
mitigation of hazards, the production of
energy, or conservation, including educational
or training programs or facilities.
(iv) Payment of the non-Federal share of
the cost of any project or activity authorized
to be carried out under section 31 of that Act.
(B) Coastal impact assistance plan.--If a producing
State or coastal political subdivision of a producing
State intends to use the amounts provided under this
subsection in a manner other than the manner specified
in the coastal impact assistance plan submitted by the
producing State under section 31(c) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356a(d)(1)(B)),
the Governor of the producing State shall submit to the
Secretary an amendment to the coastal impact assistance
plan.
(C) Limitation.--Subsections (b)(4)(D) and (d)(3)
of section 31 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356a) shall not apply to revenue generated
from a leased tract located in the 181 Area. | Gulf Coast Protection and Restoration Act of 2006 - Instructs the Secretary of the Interior to offer the 181 Area of the Gulf of Mexico for oil and gas leasing no later than one year after enactment of this Act.
Prohibits the Secretary from offering for oil and gas leasing: (1) any area east of the Military Mission Line, unless the Secretary of Defense agrees in writing before the area is offered for lease that it can be developed in a manner that will not interfere with military activities; or (2) any area that is within 100 miles of the coastline of Florida.
Requires the 181 Area to be offered for lease in spite of its omission from a specified leasing program under the Outer Continental Shelf Lands Act
Requires the Secretary, without further appropriation, to disburse to producing states and coastal political subdivisions, 50% of the qualified outer Continental Shelf revenues generated from leases from the 181 Area during each fiscal year.
Prescribes guidelines for allocation and authorized uses consistent with the coastal impact assistance program under the Outer Continental Shelf Lands Act. | A bill to require the Secretary of the Interior to offer the 181 Area of the Gulf of Mexico for oil and gas leasing and provide a portion of the revenues from that leasing to producing States and coastal political subdivisions. |
SECTION 1. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 2001 AND 2003.
(a) Commission Matters.--
(1) Appointment.--Subsection (c)(1) of section 2902 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(A) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by striking the period at the end of
clause (iii) and inserting a semicolon; and
(iii) by adding at the end the following
new clauses (iv) and (v):
``(iv) by no later than March 1, 2001, in the case of
members of the Commission whose terms will expire at the end of
the first session of the 107th Congress; and
``(v) by no later than January 3, 2003, in the case of
members of the Commission whose terms will expire at the end of
the first session of the 108th Congress.''; and
(B) in subparagraph (C), by striking ``or for 1995
in clause (iii) of such subparagraph'' and inserting
``, for 1995 in clause (iii) of that subparagraph, for
2001 in clause (iv) of that subparagraph, or for 2003
in clause (v) of that subparagraph''.
(2) Meetings.--Subsection (e) of that section is amended by
striking ``and 1995'' and inserting ``1995, 2001, and 2003''.
(3) Staff.--Subsection (i)(6) of that section is amended in
the matter preceding subparagraph (A) by striking ``and 1994''
and inserting ``, 1994, and 2002''.
(4) Funding.--Subsection (k) of that section is amended by
adding at the end the following new paragraph (4):
``(4) If no funds are appropriated to the Commission by the end of
the second session of the 106th Congress for the activities of the
Commission in 2001 or 2003, the Secretary may transfer to the
Commission for purposes of its activities under this part in either of
those years such funds as the Commission may require to carry out such
activities. The Secretary may transfer funds under the preceding
sentence from any funds available to the Secretary. Funds so
transferred shall remain available to the Commission for such purposes
until expended.''.
(5) Termination.--Subsection (l) of that section is amended
by striking ``December 31, 1995'' and inserting ``December 31,
2003''.
(b) Procedures.--
(1) Force-structure plan.--Subsection (a)(1) of section
2903 of that Act is amended by striking ``and 1996,'' and
inserting ``1996, 2002, and 2004,''.
(2) Selection criteria.--Subsection (b) of such section
2903 is amended--
(A) in paragraph (1), by inserting ``and by no
later than January 28, 2001, for purposes of activities
of the Commission under this part in 2001 and 2003,''
after ``December 31, 1990,''; and
(B) in paragraph (2)(A)--
(i) in the first sentence, by inserting
``and by no later than March 15, 2001, for
purposes of activities of the Commission under
this part in 2001 and 2003,'' after ``February
15, 1991,''; and
(ii) in the second sentence, by inserting
``, or enacted on or before April 15, 2001, in
the case of criteria published and transmitted
under the preceding sentence in 2001'' after
``March 15, 1991''.
(3) Department of defense recommendations.--Subsection (c)
of such section 2903 is amended--
(A) in paragraph (1), by striking ``and March 1,
1995,'' and inserting ``March 1, 1995, May 1, 2001, and
March 1, 2003,'';
(B) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively;
(C) by inserting after paragraph (3) the following
new paragraph (4):
``(4)(A) In making recommendations to the Commission under this
subsection in any year after 1999, the Secretary shall consider any
notice received from a local government in the vicinity of a military
installation that the government would approve of the closure or
realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A), the
Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan and final criteria
otherwise applicable to such recommendations under this section.
``(C) The recommendations made by the Secretary under this
subsection in any year after 1999 shall include a statement of the
result of the consideration of any notice described in subparagraph (A)
that is received with respect to an installation covered by such
recommendations. The statement shall set forth the reasons for the
result.''; and
(D) in paragraph (7), as so redesignated--
(i) in the first sentence, by striking
``paragraph (5)(B)'' and inserting ``paragraph
(6)(B)''; and
(ii) in the second sentence, by striking
``24 hours'' and inserting ``48 hours''.
(4) Commission review and recommendations.--Subsection (d)
of such section 2903 is amended--
(A) in paragraph (2)(A), by inserting ``or by no
later than September 1 in the case of recommendations
in 2001,'' after ``pursuant to subsection (c),'';
(B) in paragraph (4), by inserting ``or after
September 1 in the case of recommendations in 2001,''
after ``under this subsection,''; and
(C) in paragraph (5)(B), by inserting ``or by no
later than June 15 in the case of such recommendations
in 2001,'' after ``such recommendations,''.
(5) Review by president.--Subsection (e) of such section
2903 is amended--
(A) in paragraph (1), by inserting ``or by no later
than September 15 in the case of recommendations in
2001,'' after ``under subsection (d),'';
(B) in the second sentence of paragraph (3), by
inserting ``or by no later than October 15 in the case
of 2001,'' after ``the year concerned,''; and
(C) in paragraph (5), by inserting ``or by November
1 in the case of recommendations in 2001,'' after
``under this part,''.
(c) Closure and Realignment of Installations.--Section 2904(a) of
that Act is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission in each such report after 1999 only if privatization
in place is a method of closure or realignment of the
installation specified in the recommendation of the Commission
in such report and is determined to be the most-cost effective
method of implementation of the recommendation;''.
(d) Relationship to Other Base Closure Authority.--Section 2909(a)
of that Act is amended by striking ``December 31, 1995,'' and inserting
``December 31, 2003,''.
(e) Technical and Clarifying Amendments.--
(1) Commencement of period for notice of interest in
property for homeless.--Section 2905(b)(7)(D)(ii)(I) of that
Act is amended by striking ``that date'' and inserting ``the
date of publication of such determination in a newspaper of
general circulation in the communities in the vicinity of the
installation under subparagraph (B)(i)(IV)''.
(2) Other clarifying amendments.--
(A) That Act is further amended by inserting ``or
realignment'' after ``closure'' each place it appears
in the following provisions:
(i) Section 2905(b)(3).
(ii) Section 2905(b)(4)(B)(ii).
(iii) Section 2905(b)(5).
(iv) Section 2905(b)(7)(B)(iv).
(v) Section 2905(b)(7)(N).
(vi) Section 2910(10)(B).
(B) That Act is further amended by inserting ``or
realigned'' after ``closed'' each place it appears in
the following provisions:
(i) Section 2905(b)(3)(C)(ii).
(ii) Section 2905(b)(3)(D).
(iii) Section 2905(b)(3)(E).
(iv) Section 2905(b)(4)(A).
(v) Section 2905(b)(5)(A).
(vi) Section 2910(9).
(vii) Section 2910(10).
(C) Section 2905(e)(1)(B) of that Act is amended by
inserting ``, or realigned or to be realigned,'' after
``closed or to be closed''. | Amends the Defense Base Closure and Realignment Act of 1990 to: (1) provide for continued appointments to the Defense Base Closure and Realignment Commission, authorize the Secretary of Defense to transfer funds for future Commission expenses, and extend Commission authority through December 31, 2003; (2) require the Secretary to include within budget justification documents a force structure plan for the armed forces through FY 2004 (currently, FY 1996); and (3) extend similarly the dates for submission of final selection criteria used for the closure or realignment of military installations, Department of Defense recommendations for such closures or realignments, Commission review and recommendations, presidential review, and final base closures and realignments. Terminates on December 31, 2003 (currently, 1995), the authority to close or realign such installations. | A bill to authorize additional rounds of base closures and realignments under the Defense Base Closure and Realignment Act of 1990 in 2001 and 2003, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Research Amendments of
1997''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Approximately 16,000,000 Americans suffer from
diabetes, and another 650,000 will be newly diagnosed during
1997.
(2) Diabetes and its complications are a leading cause of
death by disease in America, and reduce life expectancy by up
to 30 percent. During 1997 diabetes and its complications will
contribute to the deaths of more than 170,000 Americans.
(3) The total health-care-related costs of diabetes,
consisting of hospital stays, nursing home services, physician
care, laboratory tests, and pharmaceutical products, total over
$130,000,000,000 per year.
(4) Diabetes is the leading cause of new cases of blindness
in the United States, with 24,000 new cases resulting from
diabetes each year.
(5) One-third of all kidney dialysis patients have
diabetes-related kidney failure.
(6) Diabetes is a leading risk factor for coronary artery
disease overall, and in particular for women between the ages
of 30 and 55. Women with either Type I or Type II diabetes have
almost a two-fold risk of developing coronary artery disease.
(7) Diabetic neuropathy affects 90 percent of people with
long-term diabetes and is a major contributor to lower
extremity amputations. Patients with diabetes account for more
than half of all leg amputations in the United States.
(8) Sixty to 65 percent of people with diabetes are
affected by hypertension.
(9) African Americans, Hispanic Americans, and Native
Americans are at 1\1/2\ to 2\1/2\ times greater risk of
developing diabetes.
SEC. 3. ESTABLISHMENT OF PLAN FOR DIABETES-RELATED ACTIVITIES OF
NATIONAL INSTITUTES OF HEALTH.
(a) In General.--Subpart 3 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting
after section 432 the following section:
``plan regarding diabetes
``Sec. 432A. (a) With respect to activities of the National
Institutes of Health that relate to diabetes, the Director of the
National Institute of Diabetes and Digestive and Kidney Diseases, and
the Diabetes Mellitus Interagency Coordinating Committee established
under section 429, shall--
``(1) establish a comprehensive plan for the conduct and
support of such activities of the Institute, and of each other
agency of the National Institutes of Health that has
responsibilities regarding diabetes, which plan shall have the
goal of developing future diabetes research initiatives and
direction;
``(2) ensure that such plan establishes priorities among
such activities; and
``(3) review the plan not less than annually, and revise
the plan as appropriate.
``(b) Not later than 12 months after the date of the enactment of
the Diabetes Research Amendments of 1997, the Director of the Institute
and the Diabetes Mellitus Interagency Coordinating Committee shall
establish the initial plan under subsection (a) and shall submit the
plan to the Congress.''.
(b) Diabetes Research-Plan Working Group.--
(1) Establishment.--The Director of the National Institutes
of Health shall establish a Diabetes Research-Plan Working
Group (in this subsection referred to as the ``Working
Group'').
(2) Duties.--The Working Group shall consult with the
Director of the National Institute of Diabetes and Digestive
and Kidney Diseases, and the Diabetes Mellitus Interagency
Coordinating Committee, for the purpose of providing advice to
the Director and the Coordinating Committee on the development
of the initial plan referred to in section 432A(b) of the
Public Health Service Act (as added by subsection (a) of this
section).
(3) Composition.--
(A) In general.--The Working Group shall in
accordance with this paragraph be composed of not more
than 30 members appointed by the Director of the
National Institutes of Health or selected by such
Director as ex officio members.
(B) Participation of certain agencies.--The members
of the Working Group shall include one or more
representatives from each of the following agencies:
(i) The National Institute of Diabetes and
Digestive and Kidney Diseases.
(ii) The National Eye Institute.
(iii) The National Heart, Lung, and Blood
Institute.
(iv) The National Institute of Allergy and
Infectious Diseases.
(v) The National Institute of Child Health
and Human Development.
(vi) The National Institute of Dental
Research.
(vii) The National Institute of General
Medical Sciences.
(viii) The National Institute of
Neurological Disorders and Stroke.
(ix) The National Center for Research
Resources.
(x) The National Center for Human Genome
Research.
(C) Participation of private sector.--The appointed
members of the Working Group shall include individuals
appointed from among individuals who are not officers
or employees of the Federal Government, which
individuals shall include leading diabetes researchers,
leaders from the health care industry, and leaders of
organizations that represent individuals with diabetes.
(4) Chair.--The Director of the National Institutes of
Health shall select a member of the Working Group to serve as
the chair of the Group. The chair shall be an individual who
was appointed to the Group from among individuals who were not
officers or employees of the Federal Government.
(5) Date certain for appointments.--The Director of the
National Institutes of Health shall complete appointments to
the Working Group not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act.
(6) Termination.--The Working Group terminates upon the
expiration of the 30-day period beginning on the date on which
the plan referred to in paragraph (2) is submitted to the
Congress.
(c) Conforming Amendment Regarding Biennial Report to Congress.--
Section 433(1) of the Public Health Service Act (42 U.S.C. 285c-7(1))
is amended by striking ``current diabetes plan'' and all that follows
through the semicolon at the end and inserting ``diabetes plan under
section 432A;''. | Diabetes Research Amendments of 1997 - Amends the Public Health Service Act to require the National Institute of Diabetes and Digestive and Kidney Diseases and the Diabetes Mellitus Interagency Coordinating Committee to establish a comprehensive plan for the conduct and support of diabetes research. Mandates establishment of a Diabetes Research-Plan Working Group. | Diabetes Research Amendments of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited the ``Battle of Midway National Memorial
Study Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) September 2, 1997, marked the 52nd anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces inflicted
such severe losses on the Imperial Japanese Navy during the
battle that the Imperial Japanese Navy never again took the
offensive against the United States or the allied forces.
(3) During the Battle of Midway on June 4, 1942, an
outnumbered force of the United States Navy, consisting of 29
ships and other units of the Armed Forces under the command of
Admiral Nimitz and Admiral Spruance, out-maneuvered and out-
fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to study whether Midway
Atoll should be established as a national memorial to the
Battle of Midway to express the enduring gratitude of the
American people for victory in the battle and to inspire future
generations of Americans with the heroism and sacrifice of the
members of the Armed Forces who achieved that victory.
(5) The historic structures and facilities on Midway Atoll
should be protected and maintained.
SEC. 3. PURPOSE.
The purpose of this Act is to require a study of the feasibility
and suitability of designating the Midway Atoll as a National Memorial
to the Battle of Midway within the boundaries of the Midway Atoll
National Wildlife Refuge. The study of the Midway Atoll and its
environs shall include, but not be limited to, identification of
interpretative opportunities for the educational and inspirational
benefit of present and future generations, and of the unique and
significant circumstances involving the defense of the island by the
United States in World War II and the Battle of Midway.
SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL AS A NATIONAL
MEMORIAL TO THE BATTLE OF MIDWAY.
(a) In General.--Not later than six months after the date of
enactment of this Act, the Secretary of the Interior shall, acting
through the Director of the National Park Service and in consultation
with the Director of the United States Fish and Wildlife Service, the
International Midway Memorial Foundation, Inc. (hereafter referred to
as the ``Foundation''), and Midway Phoenix Corporation, carry out a
study of the suitability and feasibility of establishing Midway Atoll
as a national memorial to the Battle of Midway.
(b) Considerations.--In studying the establishment of Midway Atoll
as a national memorial to the Battle of Midway under subsection (a),
the Secretary shall address the following:
(1) The appropriate federal agency to manage such a
memorial, and whether and under what conditions, to lease or
otherwise allow the Foundation or another appropriate entity to
administer, maintain, and fully utilize the lands (including
any equipment, facilities, infrastructure, and other
improvements) and waters of Midway Atoll if designated as a
national memorial.
(2) Whether designation as a national memorial would
conflict with current management of Midway Atoll as a wildlife
refuge and whether, and under what circumstances, the needs and
requirements of the wildlife refuge should take precedence over
the needs and requirements of a national memorial on Midway
Atoll.
(3) Whether, and under what conditions, to permit the use
of the facilities on Sand Island for purposes other than a
wildlife refuge or a national memorial.
(4) Whether to impose conditions on public access to Midway
Atoll as a national memorial.
(c) Report.--Upon completion of the study required under subsection
(a), the Secretary shall submit, to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Resources of
the House of Representatives, a report on the study, which shall
include any recommendations for further legislative action. The report
shall also include an inventory of all known past and present
facilities and structures of historical significance on Midway Atoll
and its environs. The report shall include a description of each
historic facility and structure and a discussion of how each will
contribute to the designation and interpretation of the proposed
national memorial.
SEC. 5. CONTINUING DISCUSSIONS.
Nothing in this Act shall be construed to delay or prohibit
discussions between the Foundation and the United States Fish and
Wildlife Service or any other government entity regarding the future
role of the Foundation on Midway Atoll.
Passed the Senate November 4, 1997.
Attest:
GARY SISCO,
Secretary. | Battle of Midway National Memorial Study Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service and in consultation with the Director of the U.S. Fish and Wildlife Service, the International Midway Memorial Foundation, Inc., and Midway Phoenix Corporation, to study and report to specified congressional committees on the suitability and feasibility of establishing Midway Atoll as a national memorial to the Battle of Midway. Requires that the report include an inventory of all known facilities and structures of historical significance on Midway Atoll. | Battle of Midway National Memorial Study Act |
SECTION 1. STALKING.
(a) Offense.--Chapter 41 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 880. Stalking
``(a) Definitions.--In this section--
`` `course of conduct' means a pattern of conduct composed
of a series of acts over a period of time (regardless of length
of time) evidencing a continuity of purpose.
`` `credible threat' means a threat to cause great bodily
injury or death to a person made with the intent to place the
person in reasonable fear of great bodily injury or death to
himself or herself or a member of his or her family and with
the apparent ability to carry out the threat.
`` `harass' means to engage in a knowing and willful course
of conduct that--
``(A) is directed at a particular person;
``(B) seriously alarms, disturbs, harasses, or
terrorizes the person;
``(C) serves no legitimate purpose;
``(D) would cause a reasonable person to suffer
substantial emotional distress; and
``(E) in fact causes substantial emotional distress
to the person.
`` `prior conviction' means--
``(A) a conviction under this section; and
``(B) a conviction under State law prohibiting
conduct that is prohibited by this section.
`` `protection order' means an order of any court that--
``(A) restrains a person from engaging in conduct
prohibited by this section; or
``(B) restrains a person from intentionally coming
into unsolicited contact, directly or indirectly, with
a person protected under this section.
`` `State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and any
other territory or possession of the United States.
``(b) Offenses.--(1) A person who, in the special maritime and
territorial jurisdiction of the United States, in the course of
interstate travel, or by the use of an instrument of interstate or
foreign commerce, harasses or makes a credible threat against another
person shall be imprisoned not more than 2 years, fined not more than
$5,000, or both.
``(2) A person who is under a protection order who, in the special
maritime and territorial jurisdiction of the United States, in the
course of interstate travel, or by the use of an instrument of
interstate or foreign commerce, harasses or makes a credible threat
against another person shall be imprisoned not less than 2 years nor
more than 4 years, fined not less than $5,000 nor more than $100,000,
or both.
``(3) A person with a prior stalking conviction who, in the special
maritime and territorial jurisdiction of the United States, in the
course of interstate travel, or by the use of an instrument of
interstate or foreign commerce, harasses or makes a credible threat
against another person shall be imprisoned not less than 5 years nor
more than 10 years, fined not less than $25,000 nor more than $200,000,
or both.
``(c) Rule of Construction.--For the purposes of subsection (b), a
person shall be considered to engage in conduct in the course of
interstate or foreign travel if--
``(1) the person travels from 1 State to another or from a
foreign country to a State with the intention of engaging in
that conduct; and
``(2) the person engages in the conduct within 30 days
after entering the State in which the conduct occurs.
``(d) Prosecutorial Discretion.--An offense under subsection (b)
that is also an offense within the jurisdiction of a State shall not be
prosecuted by the United States under this section unless the Attorney
General (or the highest ranking subordinate of the Attorney General
with responsibility for criminal prosecutions) makes a written
determination that, in the judgment of the official who makes the
determination, the offender will not be expeditiously or effectively
prosecuted under State law.''.
``(e) Counseling.--If probation is granted to an offender under
this section, it shall be a condition of probation that the offender
participate in counseling, unless the court, upon a showing of good
cause, finds that counseling is not necessary.
``(f) Injunction.--
``(1) In general.--A court shall consider issuing an order
enjoining an offender under this section from any contact with
the victim for a period of up to 10 years.
``(2) Duration.--(A) The duration of an injunction under
this subsection shall be determined in light of--
``(i) the seriousness of the facts before the
court;
``(ii) the likelihood that the offender will
violate this section again; and
``(iii) the safety of the victim and the victim's
immediate family.
``(B) The duration of an injunction under this subsection
may be longer than 5 years only in an extreme case in which a
longer duration is necessary to protect the safety of the
victim or the victim's immediate family.''.
(b) Technical Amendment.--The chapter analysis for chapter 41,
United States Code, is amended by adding at the end the following new
item:
``880. Stalking.''. | Amends the Federal criminal code to establish penalties with respect to a person who: (1) in the special maritime and territorial jurisdiction of the United States, in the course of interstate travel, or by the use of an instrument of interstate or foreign commerce, harasses or makes a credible threat against another person; (2) under a protection order engages in such conduct; and (3) with a prior stalking conviction engages in such conduct.
Prohibits an offense within the jurisdiction of a State from being prosecuted by the United States under such provisions unless the Attorney General (or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions) makes a written determination that the offender will not be expeditiously or effectively prosecuted under State law.
Requires as a condition of probation granted to an offender under such provisions that the offender participate in counseling, unless the court finds that counseling is not necessary.
Requires a court to consider issuing an order enjoining an offender from any contact with the victim for a period of up to ten years. | A bill to amend chapter 41 of title 18, United States Code, to punish stalking. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare of Our Friends Act of 2017''
or the ``WOOF! Act''.
SEC. 2. PROHIBITION ON ISSUING LICENSES TO CERTAIN PERSONS AS A RESULT
OF LICENSE REVOCATION.
(a) Definition.--Section 2 of the Animal Welfare Act (7 U.S.C.
2132) is amended by adding at the end the following:
``(p) The term `immediate family member' means, with respect to a
dealer--
``(1) a spouse, domestic partner, child, parent, brother,
sister, grandparent, or grandchild; and
``(2) a spouse of a child, parent, brother, sister,
grandparent, or grandchild.''.
(b) Prohibition on Issuing Licenses to Certain Persons as a Result
of License Revocation.--Section 3 of the Animal Welfare Act (7 U.S.C.
2133) is amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
In General.--The Secretary shall'';
(2) by striking ``issued'' and inserting ``issued or
renewed'';
(3) by striking ``demonstrated'' and inserting
``demonstrated through facility inspection''; and
(4) by adding at the end the following:
``(b) Prohibition on Issuing Licenses to Certain Persons as a
Result of License Suspension or Revocation.--(1) The Secretary shall
not issue or renew a license for the purpose of being a dealer of dogs
to a person who is an immediate family member of, or who resides at the
same address of, a dealer of dogs if--
``(A) the license is for purposes of operating a facility
for dogs at a location that such dealer has used as a facility
for dogs; and
``(B) within the last 10 years, a license of such dealer
has been suspended after notice and opportunity for hearing or
revoked pursuant to section 19(a) of this Act.
``(2) Paragraph (1) shall not apply to a person described in such
paragraph if such person shows by clear and convincing evidence that a
dealer described in paragraph (1)--
``(A) will have no ownership interest in the facility for
which such person seeks a license;
``(B) will play no role in the care of dogs at the
facility; and
``(C) will play no role in the management of the facility.
``(c) Prohibition on Issuing Licenses to Certain Legal Entities as
a Result of License Suspension or Revocation.--(1) The Secretary shall
not issue or renew a license for the purpose of being a dealer of dogs
to any person (including a partnership, firm, joint stock company,
corporation, association, trust, estate, or other legal entity) if any
person who holds an ownership interest in the partnership, firm, joint
stock company, corporation, association, trust, estate, or other legal
entity--
``(A) previously held a license for purposes of operating a
facility for dogs at the same address of the facility for which
the license is being sought; and
``(B) within the last 10 years, such license has been
suspended after notice and opportunity for hearing or revoked
pursuant to section 19(a) of this Act.
``(2) Paragraph (1) shall not apply to a person seeking the
issuance or renewal of a license described in such paragraph if such
person shows by clear and convincing evidence that a person who
previously held a license for purposes of operating a facility for dogs
described in subparagraph (A) of such paragraph--
``(A) will play no role in the care of dogs at the
facility; and
``(B) will play no role in the management of the facility.
``(d) Ten-Year Bar for Suspension or Revocation of a License of a
Dealer of Dogs.--The Secretary shall not issue or renew a license for
the purpose of being a dealer of dogs to a person if--
``(1) within the last 10 years, a license for the purpose
of being a dealer of dogs of such person has been suspended
after notice and opportunity for hearing or revoked pursuant to
section 19(a) of this Act; and
``(2) the license is for purposes of operating a facility
for dogs at a location that such person has used as a facility
for dogs.''.
(c) Revocation of Improperly Granted Licenses.--Section 19 of the
Animal Welfare Act (7 U.S.C. 2149) is amended by adding at the end the
following:
``(e) Revocation of Improperly Granted Licenses.--The Secretary
shall revoke a license issued after the date of the enactment of this
subsection if the Secretary subsequently determines that, at the time
of issuance, the issuance of the license violated section 3 of this
Act.''.
SEC. 3. REGULATIONS.
The Secretary of Agriculture may prescribe such regulations as the
Secretary determines to be necessary to implement the amendments made
by this Act. Any such regulations shall be prescribed not later than
one year after the date of the enactment of this Act. | Welfare of Our Friends Act of 2017 or the WOOF! Act This bill amends the Animal Welfare Act to prohibit the Department of Agriculture (USDA) from licensing a dealer of dogs whose previous licenses have been suspended or revoked in the last 10 years if the license is for operating a facility that the dealer previously used. Further, USDA may not issue or renew a license to: (1) the dog dealer's immediate family members, (2) a person who resides at the same address as the dog dealer, or (3) certain legal entities if such dealer holds an ownership interest in the entity. | Welfare of Our Friends Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wool Suit and Textile Trade
Extension Act of 2004''.
SEC. 2. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON WOOL PRODUCTS,
WOOL RESEARCH FUND, WOOL DUTY REFUNDS.
(a) Extension of Temporary Duty Reductions.--
(1) Heading 9902.51.11.--Heading 9902.51.11 of the
Harmonized Tariff Schedule of the United States is amended--
(A) by striking ``2005'' and inserting ``2010'';
and
(B) by striking ``17.5%'' and inserting ``10%''.
(2) Heading 9902.51.12.--Heading 9902.51.12 of the
Harmonized Tariff Schedule of the United States is amended by
striking ``2005'' and inserting ``2010''.
(3) Heading 9902.51.13.--Heading 9902.51.13 of the
Harmonized Tariff Schedule of the United States is amended by
striking ``2005'' and inserting ``2010''.
(4) Heading 9902.51.14.--Heading 9902.51.14 of the
Harmonized Tariff Schedule of the United States is amended by
striking ``2005'' and inserting ``2010''.
(b) Modification of Limitation on Quantity of Imports.--
(1) Note 15.--U.S. Note 15 to subchapter II of chapter 99
of the Harmonized Tariff Schedule of the United States is
amended--
(A) by striking ``and'' after ``2002,''; and
(B) by striking ``year 2003'' and all that follows
through the end period and inserting the following:
``years 2003 and 2004, and 5,500,000 square meter
equivalents in calendar year 2005 and each calendar
year thereafter for the benefit of persons who cut and
sew men's and boys' worsted wool suits and suit-like
jackets and trousers in the United States, allocated as
required by section 501(e)(1) of the Trade and
Development Act of 2000.''.
(2) Note 16.--U.S. Note 16 to subchapter II of chapter 99
of the Harmonized Tariff Schedule of the United States is
amended--
(A) by striking ``shall be limited to 1,500,000''
and inserting ``shall be limited to--
``(1) 1,500,000'';
(B) by striking ``and'' after ``2002,''; and
(C) by striking ``year 2003'' and all that follows
through the end 5period and inserting the following:
``years 2003 and 2004, 5,000,000 square meter
equivalents in calendar year 2005 and each calendar
year thereafter for the benefit of persons who cut and
sew men's and boys' worsted wool suits and suit-like
jackets and trousers in the United States, allocated as
required by section 501(e)(1) of the Trade and
Development Act of 2000; and
``(b) 2,000,000 square meter equivalents in calendar year
2005 and each calendar year thereafter for the benefit of
manufacturers who weave worsted wool fabric in the United
States suitable for use in men's and boys' suits, allocated as
required by section 501(e)(2) of the Trade and Development Act
of 2000.''.
(3) Conforming amendments.--
(A) Sunset staged reduction requirement.--Section
501(a)(2) of the Trade and Development Act of 2000
(Public Law 106-200; 114 Stat. 299) is amended by
inserting before the period ``for goods entered, or
withdrawn from warehouse for consumption, before
January 1, 2005''.
(B) Allocation of tariff rate quotas.--Section
501(e) of the Trade and Development Act of 2000 (Public
Law 106-200; 114 Stat. 300) is amended--
(i) by striking ``In implementing'' and
inserting ``(1) In implementing'';
(ii) by striking ``16'' and inserting
``16(a)''; and
(iii) by adding at the end the following:
``(2) In implementing the limitation on the quantity of
worsted wool fabrics under heading 9902.51.12 of the Harmonized
Tariff Schedule of the United States, as required by U.S. Note
16(b) of subchapter II of chapter 99 of such Schedule, for the
entry, or withdrawal from warehouse for consumption, the
Secretary of Commerce shall adopt regulations to allocate
fairly such quantity to manufacturers who weave worsted wool
fabric in the United States suitable for use in men's and boys'
suits and who apply for an allocation.''.
(C) Sunset authority to modify limitation on
quantity.--Section 504(b) of the Trade and Development
Act of 2000 (Public Law 106-200; 114 Stat. 301) is
repealed, effective January 1, 2005.
(c) Extension of Duty Refunds and Wool Research Trust Fund.--
(1) In general.--The United States Customs Service shall
pay to each manufacturer that receives a payment during
calendar year 2005 under section 505 of the Trade and
Development Act of 2000 (Public Law 106-200; 114 Stat. 303), as
amended by section 5101 of the Trade Act of 2002 (116 Stat.
1041), and that provides an affidavit, no later than March 1 of
the year of the payment, that it remains a manufacturer in the
United States as of January 1 of the year of the payment, 5
additional payments, each payment equal to the payment received
for calendar year 2005 as follows:
(A) The first payment to be made after January 1,
2006, but on or before April 15, 2006.
(B) The second, third, fourth, and fifth payments
to be made after January 1, but on or before April 15,
of each of the following four calendar years.
(2) Successor-in-interest.--Any manufacturer that becomes a
successor-in-interest to a claimant of a payment under section
505 of the Trade and Development Act of 2000, as amended by
section 5101 of the Trade Act of 2002, because of--
(A) an assignment of the claim,
(B) an assignment of the original claimant's right
to manufacture under the same trade name,
(C) a reorganization,
or otherwise, shall be eligible to claim the payment as if the
successor manufacturer were the original claimant, without
regard to section 3727 of title 31, United States Code. Such
right to claim payment as a successor shall be effective as if
the right were included in section 505 of the Trade and
Development Act of 2000.
(3) Extension of wool research, development, and promotion
trust fund.--Section 506(f) of the Trade and Development Act of
2000 (Public Law 106-200; 114 Stat. 303), as amended by section
5102(c)(2) of the Trade Act of 2002 (116 Stat. 1047), is
amended by striking ``2006'' and inserting ``2011''.
(4) Commerce authority to promote domestic employment.--
(A) Grants to manufacturers of worsted wool
fabrics.--The Secretary of Commerce shall provide to--
(i) persons who were, during calendar years
1999, 2000, and 2001, manufacturers of worsted
wool fabric of the kind described in heading
9902.51.12 of the Harmonized Tariff Schedule of
the United States, and
(ii) persons who were, during such calendar
years, manufacturers of worsted wool fabric of
the kind described in heading 9902.51.11 of the
Harmonized Tariff Schedule of the United
States,
grants in each of calendar years 2005 through 2010 in
the amounts determined under subparagraph (B).
(B) Amounts.--(i) The total amount of grants to
manufacturers under subparagraph (A)(i) shall be
$2,666,000 each calendar year, allocated among such
manufacturers on the basis of the percentage of each
manufacturer's production of the fabric described in
heading 9902.51.12 of the Harmonized Tariff Schedule of
the United States for calendar years 1999, 2000, and
2001, compared to the production of such fabric by all
such manufacturers who qualify under subparagraph
(A)(i) for such grants.
(ii) The total amount of grants to manufacturers
under subparagraph (A)(ii) shall be $2,666,000 each
calendar year, allocated among such manufacturers on
the basis of the percentage of each manufacturer's
production of the fabric described in heading
9902.51.11 of the Harmonized Tariff Schedule of the
United States for calendar years 1999, 2000, and 2001,
compared to the production of such fabric by all
manufacturers who qualify under subparagraph (A)(ii)
for such grants.
(iii) Any grant awarded by the Secretary under this
paragraph shall be final and not subject to appeal or
protest.
(5) Authorization.--There are authorized to be appropriated
and are hereby appropriated out of amounts in the general fund
of the Treasury not otherwise appropriated such sums as are
necessary to carry out this subsection.
(d) Effective Date for Duty Reduction.--The amendment made by
subsection (a)(1)(B) shall apply to goods entered, or withdrawn from
warehouse for consumption, on or after January 1, 2005.
SEC. 3. LABELING OF WOOL PRODUCTS TO FACILITATE COMPLIANCE AND PROTECT
CONSUMERS.
(a) In General.--Section 4 of the Wool Products Labeling Act of
1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following
new paragraph:
``(5) In the case of a wool product stamped, tagged,
labeled, or otherwise identified as--
``(A) `Super 80's' or `80's', if the average fiber
diameter thereof does not average 19.5 microns or
finer;
``(B) `Super 90's' or `90's', if the average fiber
diameter thereof does not average 19.0 microns or
finer;
``(C) `Super 100's' or `100's', if the average
fiber diameter thereof does not average 18.5 microns or
finer;
``(D) `Super 110's' or `110's', if the average
diameter of wool fiber thereof does not average 18.0
microns or finer;
``(E) `Super 120's' or `120's', if the average
diameter of wool fiber thereof does not average 17.5
microns or finer;
``(F) `Super 130's' or `130's', if the average
diameter of wool fiber thereof does not average 17.0
microns or finer;
``(G) `Super 140's' or `140's', if the average
diameter of wool fiber thereof does not average 16.5
microns or finer;
``(H) `Super 150's' or `150's', if the average
diameter of wool fiber thereof does not average 16.0
microns or finer;
``(I) `Super 160's' or `160's', if the average
diameter of wool fiber thereof does not average 15.5
microns or finer;
``(J) `Super 170's' or `170's', if the average
diameter of wool fiber thereof does not average 15.0
microns or finer;
``(K) `Super 180's' or `180's', if the average
diameter of wool fiber thereof does not average 14.5
microns or finer;
``(L) `Super 190's' or `190's', if the average
diameter of wool fiber thereof does not average 14.0
microns or finer;
``(M) `Super 200's' or `200's', if the average
diameter of wool fiber thereof does not average 13.5
microns or finer; and
``(N) `Super 210's' or `210's', if the average
diameter of wool fiber thereof does not average 13.0
microns or finer.
In each such case, the average fiber diameter may be subject to
a variation of 0.25 microns, and may be subject to such other
standards or deviations therefrom as adopted by regulation by
the Commission.''.
(b) Effective Date.--The amendments made by this section shall
apply to wool products manufactured on or after January 1, 2005. | Wool Suit and Textile Trade Extension Act of 2004 - Amends the Harmonized Tariff Schedule of the United States to extend the temporary duty suspensions on certain wool products through FY 2010. Reduces the temporary duty on certain worsted wool.
Modifies the limitation on the quantity of imported worsted wool fabrics through FY 2005.
Extends the: (1) duty refund required by the U.S. Customs Service to importing and nonimporting manufacturers of certain wool products during calendar year 2005; and (2) Wool Research, Development, and Promotion Trust Fund through December 31, 2010.
Requires the Secretary of Commerce to provide grants in FY 2005 through 2010 to manufacturers of certain worsted wool fabric.
Amends the Wool Products Labeling Act of 1939 to specify additional misbranded wool products. | To amend the Harmonized Tariff Schedule of the United States relating to imports of certain wool products, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Accountability Act of
1996''.
SEC. 2. CONGRESSIONAL ACCOUNTABILITY: REQUIREMENT FOR CONGRESS TO
APPROVE REGULATORY COSTS THAT MAY BE IMPOSED UNDER NEW
AND REAUTHORIZED FEDERAL REGULATORY LAWS.
(a) Definitions.--Section 421 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 658) is amended--
(1) in paragraph (7) (relating to the definition of the
term ``Federal private sector mandate'') by inserting ``a
controlled Federal private sector mandate described in
paragraph (14)(B) or a'' after ``means''; and
(2) by adding at the end the following new paragraphs:
``(14) Controlled federal private sector mandate.--The term
`controlled Federal private sector mandate' means--
``(A) a Federal private sector mandate that will
result in costs for the private sector of $100,000,000
or more; or
``(B) a provision in legislation, that authorizes
appropriations to implement or enforce a Federal
private sector mandate under an existing Federal law
that will result in the imposition on the private
sector, after the first date for which appropriations
are authorized under the provision, of $100,000,000 or
more in costs.
``(15) Controlled private regulatory legislation.--The term
`controlled private regulatory legislation' means a bill, joint
resolution, amendment, motion, or conference report that
contains a controlled Federal private sector mandate.
``(16) Regulatory cost authorization.--The term `regulatory
cost authorization' means a statement of a dollar amount of
costs incurred by the private sector that are authorized to
result from regulations that--
``(A) implement or enforce a controlled Federal
private sector mandate, in the case of a controlled
Federal private sector mandate described in paragraph
(14)(A); or
``(B) implement or enforce a Federal private sector
mandate with respect to which appropriations are
authorized by a controlled Federal private sector
mandate described in paragraph (14)(B).
``(17) Costs.--In paragraphs (14) and (16) of this section
and section 424(b)(4) only, the term `costs' means the
reasonably quantifiable costs, including social, environmental,
and economic, that are expected to result directly or
indirectly from implementation of, or compliance with, a rule or an
alternative to a rule.''.
(b) Requirement for Regulatory Cost Authorization.--Section 425(a)
of the Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 658d(a)) is amended--
(1) in paragraph (1) by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) any controlled private regulatory legislation, unless
the legislation specifies a regulatory cost authorization--
``(A) in the case of a controlled Federal private
sector mandate described in section 421(14)(A), for
each controlled Federal private sector mandate
contained in the legislation; and
``(B) in the case of a controlled Federal private
sector mandate described in section 421(14)(B), for
each Federal private sector mandate with respect to
which appropriations are authorized by the controlled
Federal private sector mandate.''.
(c) Requirement for CBO Scoring of Costs of Controlled Federal
Private Sector Mandates.--Section 424(b) of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 658c(b)) is amended by
adding at the end the following new paragraph:
``(4) Controlled federal private sector mandates.--In
addition to the other information required by this subsection,
the Director shall prepare and include in the statement--
``(A) an identification of each controlled Federal
private sector mandate in the bill or joint resolution;
and
``(B) for each controlled Federal private sector
mandate identified under subparagraph (A)--
``(i) in the case of a controlled Federal
private sector mandate described in section
421(14)(A), an estimate of the costs that will
be incurred by the private sector under the
controlled Federal private sector mandate; or
``(ii) in the case of a controlled Federal
private sector mandate described in section
421(14)(B), an estimate of the costs that will
be incurred by the private sector, after the
first date for which appropriations are
authorized under the mandate, to comply with
each Federal private sector mandate with
respect to which appropriations are authorized
by the controlled Federal private sector
mandate.''.
SEC. 3. RESTRICTION ON PRIVATE REGULATORY COSTS EXCEEDING CONGRESSIONAL
AUTHORIZATION.
(a) Rules Exceeding Regulatory Cost Authorization Not Effective.--
Notwithstanding any other provision of law, and except as provided in
subsection (d)--
(1) the total amount of costs that are required to be
incurred by the private sector to comply with covered
regulations issued under a covered law may not exceed the
regulatory cost authorization for that covered law; and
(2) a proposed covered regulation shall not take effect
unless the Director has published in the Federal Register a
certification under this section that implementation of the
regulation will not violate paragraph (1).
(b) Scoring of Covered Regulations by OMB.--
(1) Submission requirement.--Before issuing a final covered
regulation, the head of an agency shall submit the proposed
covered regulation to the Director with a request that the
Director certify under this section that implementation of the
regulation will not violate subsection (a)(1).
(2) Issuance or denial of certification.--Not later than 90
days after receiving a request for certification under
paragraph (1) for a proposed covered regulation, the Director
shall--
(A) after publication of notice and an opportunity
for public comment, estimate the costs that would be
incurred by the private sector in complying with the
regulation;
(B) determine whether implementation of the
regulation would violate subsection (a)(1); and
(C) publish in the Federal Register the estimate
under subparagraph (A) and--
(i) a certification that implementation of
the regulation will not violate subsection
(a)(1); or
(ii) a finding that implementation of the
regulation would violate subsection (a)(1).
(c) Maintenance of Record of Aggregate Costs of Covered
Regulations.--The Director shall maintain and make publicly available
for each covered law an estimate of the costs required to be incurred
by the private sector to comply with each covered regulation in effect
under the covered law.
(d) Emergency Exception.--Subsection (a) shall not apply to a
regulation for which the President issues a written finding that the
regulation is necessary because of an emergency.
(e) Definitions.--In this section:
(1) Covered law.--The term ``covered law'' means a
provision of law that--
(A) is a controlled Federal private sector mandate
under section 421(14)(A) of the Congressional Budget
and Impoundment Control Act of 1974, as amended by
section 2 of this Act; or
(B) is a Federal private sector mandate that may be
implemented or enforced using amounts appropriated
under the authority of a provision which, when
considered by Congress as legislation, was a controlled
Federal private sector mandate under section 421(14)(B)
of that Act.
(2) Covered regulation.--The term ``covered regulation''
means a regulation issued under the authority of a covered law
after the date of the enactment of this Act.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) Regulatory cost authorization.--(A) Subject to
subparagraph (B), the term ``regulatory cost authorization''
has the meaning given that term is section 421 of the
Congressional Budget and Impoundment Control Act of 1974, as
amended by section 2 of this Act.
(B) In the case of a covered law for which there is not a
regulatory cost authorization as defined in that section, the
regulatory cost authorization for the covered law is deemed to
be zero.
(5) Miscellaneous terms.--Each of the terms ``costs'',
``Federal private sector mandate'', and ``private sector'' has
the meaning given that term in section 421 of the Congressional
Budget and Impoundment Control Act of 1974, as amended by
section 2 of this Act.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on January 4, 1997. | Regulatory Accountability Act of 1996 - Amends the Congressional Budget and Impoundment Control Act of 1974 with regard to Federal mandates to make it out of order in the House of Representatives or the Senate to consider any new or reauthorized measure (controlled private regulatory legislation) imposing costs on the private sector of $100 million or more (controlled Federal private sector mandate) unless it specifies a regulatory cost authorization for each such mandate of the dollar amount of private sector costs authorized to result from implementing or enforcing regulations. Requires the Congressional Budget Office to estimate the costs of mandate compliance for each measure reported by an authorization committee.
Prohibits the total amount of private sector compliance costs from exceeding the regulatory cost authorization for a covered law. Prohibits a proposed covered regulation from taking effect unless the Director of the Office of Management and Budget (OMB) has certified in the Federal Register that its implementation will not violate the first prohibition. Exempts from such prohibitions any regulation which the President finds is necessary because of an emergency. Requires such estimates to be publicly available for each covered law. | Regulatory Accountability Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electricity Reliability and Forest
Protection Act''.
SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE ON FEDERAL LANDS CONTAINING ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITIES.
(a) In General.--Title V of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end
the following new section:
``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION,
AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
``(a) General Direction.--In order to enhance the reliability of
the electricity grid and reduce the threat of wildfires to and from
electric transmission and distribution rights-of-way and related
facilities and adjacent property, the Secretary, with respect to public
lands and other lands under the jurisdiction of the Secretary, and the
Secretary of Agriculture, with respect to National Forest System lands,
shall provide direction to ensure that all existing and future rights-
of-way, however established (including by grant, special use
authorization, and easement), for electrical transmission and
distribution facilities on such lands include provisions for utility
vegetation management, facility inspection, and operation and
maintenance activities that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way;
``(2) enable the owner or operator of a facility to operate
and maintain the facility in good working order and to comply
with Federal, State and local electric system reliability and
fire safety requirements, including reliability standards
established by the Electric Reliability Organization as defined
under 16 U.S.C. 824o(a) and plans to meet such reliability
standards;
``(3) minimize the need for case-by-case or annual
approvals for--
``(A) routine vegetation management, facility
inspection, and operation and maintenance activities
within existing electrical transmission and
distribution rights-of-way; and
``(B) utility vegetation management activities that
are necessary to control hazard trees within or
adjacent to electrical transmission and distribution
rights-of-way; and
``(4) when review is required, provide for expedited review
and approval of utility vegetation management, facility
inspection, and operation and maintenance activities,
especially activities requiring prompt action to avoid an
adverse impact on human safety or electric reliability to avoid
fire hazards.
``(b) Vegetation Management, Facility Inspection, and Operation and
Maintenance Plans.--
``(1) Development and submission.--Consistent with
subsection (a), the Secretary and the Secretary of Agriculture
shall provide owners and operators of electric transmission and
distribution facilities located on lands described in such
subsection with the option to develop and submit a vegetation
management, facility inspection, and operation and maintenance
plan, that at each transmission or distribution owner or
operator's discretion may cover some or all of the owner or
operator's transmission and distribution rights-of-way on
Federal lands, for approval to the Secretary with jurisdiction
over the lands. A plan under this paragraph shall enable the
owner or operator of a facility, at a minimum, to comply with
applicable Federal, State, and local electric system
reliability and fire safety requirements, as provided in
subsection (a)(2). The Secretaries shall not have the authority
to modify those requirements.
``(2) Review and approval process.--The Secretary and the
Secretary of Agriculture shall jointly develop a consolidated
and coordinated process for review and approval of--
``(A) vegetation management, facility inspection,
and operation and maintenance plans submitted under
paragraph (1) that--
``(i) assures prompt review and approval
not to exceed 90 days;
``(ii) includes timelines and benchmarks
for agency comments to submitted plans and
final approval of such plans;
``(iii) is consistent with applicable law;
and
``(iv) minimizes the costs of the process
to the reviewing agency and the entity
submitting the plans; and
``(B) amendments to the plans in a prompt manner if
changed conditions necessitate a modification to a
plan.
``(3) Notification.--The review and approval process under
paragraph (2) shall--
``(A) include notification by the agency of any
changed conditions that warrant a modification to a
plan;
``(B) provide an opportunity for the owner or
operator to submit a proposed plan amendment to address
directly the changed condition; and
``(C) allow the owner or operator to continue to
implement those elements of the approved plan that do
not directly and adversely affect the condition
precipitating the need for modification.
``(4) Categorical exclusion process.--The Secretary and the
Secretary of Agriculture shall apply his or her categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to plans developed under this
subsection on existing transmission and distribution rights-of-
way under this subsection.
``(5) Implementation.--A plan approved under this
subsection shall become part of the authorization governing the
covered right-of-way and hazard trees adjacent to the right-of-
way. If a vegetation management plan is proposed for an
existing transmission or distribution facility concurrent with
the siting of a new transmission or distribution facility,
necessary reviews shall be completed as part of the siting
process or sooner. Once the plan is approved, the owner or
operator shall provide the agency with only a notification of
activities anticipated to be undertaken in the coming year, a
description of those activities, and certification that the
activities are in accordance with the plan.
``(6) Definitions.--In this subsection:
``(A) Vegetation management, facility inspection,
and operation and maintenance plan.--The term
`vegetation management, facility inspection, and
operation and maintenance plan' means a plan that--
``(i) is prepared by the owner or operator
of one or more electrical transmission or
distribution facilities to cover one or more
electric transmission and distribution rights-
of-way; and
``(ii) provides for the long-term, cost-
effective, efficient and timely management of
facilities and vegetation within the width of
the right-of-way and adjacent Federal lands to
enhance electricity reliability, promote public
safety, and avoid fire hazards.
``(B) Owner or operator.--The terms `owner' and
`operator' include contractors or other agents engaged
by the owner or operator of a facility.
``(C) Hazard tree.--The term `hazard tree' means
any tree inside the right-of-way or located outside the
right-of-way that has been designated, prior to tree
failure, by either the owner or operator of a
transmission or distribution facility, or the Secretary
or the Secretary of Agriculture, to be likely to fail
and cause a high risk of injury, damage, or disruption
within 10 feet or less of an electric power line or
related structure if it fell.
``(c) Response to Emergency Conditions.--If vegetation on Federal
lands within, or hazard trees on Federal lands adjacent to, an
electrical transmission or distribution right-of-way granted by the
Secretary or the Secretary of Agriculture has contacted or is in
imminent danger of contacting one or more electric transmission or
distribution lines, the owner or operator of the transmission or
distribution lines--
``(1) may prune or remove the vegetation or hazard tree to
avoid the disruption of electric service and risk of fire; and
``(2) shall notify the appropriate local agent of the
relevant Secretary not later than 24 hours after such removal.
``(d) Compliance With Applicable Reliability and Safety
Standards.--If vegetation on Federal lands within or adjacent to an
electrical transmission or distribution right-of-way under the
jurisdiction of each Secretary does not meet clearance requirements
under standards established by the Electric Reliability Organization as
defined under 16 U.S.C. 824o(a), or by State and local authorities, and
the Secretary having jurisdiction over the lands has failed to act to
allow a transmission or distribution facility owner or operator to
conduct vegetation management activities within 3 business days after
receiving a request to allow such activities, the owner or operator
may, after notifying the Secretary, conduct such vegetation management
activities to meet those clearance requirements.
``(e) Reporting Requirement.--The Secretary or Secretary of
Agriculture shall report requests and actions made under subsections
(c) and (d) annually on each Secretary's website.
``(f) Liability.--An owner or operator of a transmission or
distribution facility shall not be held liable for wildfire damage,
loss or injury, including the cost of fire suppression, if--
``(1) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator to operate consistently with an
approved vegetation management, facility inspection, and
operation and maintenance plan on Federal lands under the
relevant Secretary's jurisdiction within or adjacent to a
right-of-way to comply with Federal, State or local electric
system reliability and fire safety standards, including
standards established by the Electric Reliability Organization
as defined under 16 U.S.C. 824o(a); or
``(2) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator of the transmission or
distribution facility to perform appropriate vegetation
management activities in response to a hazard tree as defined
under subsection (b)(6), or a tree in imminent danger of
contacting the owner's or operator's transmission or
distribution facility.
``(g) Training and Guidance.--In consultation with the electric
utility industry, the Secretary and the Secretary of Agriculture are
encouraged to develop a program to train personnel of the Department of
the Interior and the Forest Service involved in vegetation management
decisions on rights-of-way relating to transmission and distribution
facilities to ensure that such personnel--
``(1) understand electric system reliability and fire
safety requirements, including reliability standards
established by the Electric Reliability Organization as defined
under 16 U.S.C. 824o(a);
``(2) assist owners and operators of transmission and
distribution facilities to comply with applicable electric
reliability and fire safety requirements;
``(3) encourage and assist willing owners and operators of
transmission and distribution facilities to incorporate on a
voluntary basis vegetation management practices to enhance
habitats and forage for pollinators and for other wildlife so
long as the practices are compatible with the integrated
vegetation management practices necessary for reliability and
safety; and
``(4) understand how existing and emerging unmanned
technologies can help electric utilities, Federal, State, and
local governments, and private landowners to more efficiently
identify vegetation management needs, lower ratepayer energy
costs, and reduce the risk of wildfires.
``(h) Implementation.--The Secretary of the Interior and the
Secretary of Agriculture shall--
``(1) not later than one year after the date of the
enactment of this section, prescribe regulations, or amend
existing regulations, to implement this section; and
``(2) not later than two years after the date of the
enactment of this section, finalize regulations, or amend
existing regulations, to implement this section.
``(i) Existing Vegetation Management, Facility Inspection and
Operation and Maintenance Plans.--Nothing in this section requires an
owner or operator to develop and submit a vegetation management,
facility inspection, and operation and maintenance plan if one has
already been approved by the Secretary or Secretary of Agriculture
before the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections for the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended
by inserting after the item relating to section 511 the following new
item:
``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric
transmission and distribution facility
rights-of-way.''.
SEC. 3. NO LOSS OF FUNDS FOR WILD-FIRE SUPPRESSION.
Nothing in this Act or the amendments made by this Act shall
detract from the availability of funds or other resources for wild-fire
suppression.
Passed the House of Representatives June 21, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Electricity Reliability and Forest Protection Act (Sec.2)This bill requires the Department of the Interior and the Department of Agriculture (USDA), with respect to lands under their respective jurisdictions, to ensure that all existing and future rights-of-way for electrical transmission and distribution facilities on such lands include requirements for utility vegetation management, facility inspection, and operation and maintenance activities that: are developed in consultation with the holder of the right-of-way; enable the owner or operator of a facility to operate and maintain it in good working order and comply with federal, state, and local electric system reliability and fire safety requirements; and minimize the need for case-by-case or annual approvals, and instead provide for expedited review and approval, for routine vegetation management, facility inspection, and operation and maintenance activities within existing electrical transmission and distribution rights-of-way, as well as utility vegetation management activities necessary to control hazard trees within or adjacent to electrical transmission and distribution rights-of-way. Interior and USDA shall give facility owners and operators the option to submit to the appropriate agency a vegetation management, facility inspection, and operation and maintenance plan. Interior and USDA shall develop jointly a consolidated and coordinated process for review and approval of these plans. Interior and USDA shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to plans developed by this bill. (A "categorical exclusion" under the NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required.) If vegetation on federal lands within, or hazard trees on federal lands adjacent to, an electrical transmission or distribution right-of-way granted by Interior or USDA has contacted, or is in imminent danger of contacting, one or more electric transmission or distribution lines, the owner or operator: may prune or remove the vegetation or hazard tree to avoid disruption of electric service and risk of fire, and shall notify the local agent of the relevant agency within 24 hours after such removal. The owner or operator of a transmission or distribution facility, after notifying Interior or USDA, as appropriate, may also conduct vegetation management activities on federal lands to meet clearance requirements under standards established by the Electric Reliability Organization or by state and local authorities. An owner or operator of a transmission or distribution facility shall not be held liable for wildfire damage, loss, or injury, including the cost of fire suppression, if Interior or USDA fails to allow it to: operate consistently with an approved vegetation management, facility inspection, and operation and maintenance plan on federal lands within or adjacent to a right-of-way to comply with federal, state, or local electric system reliability and fire safety standards; or perform vegetation management activities in response to a hazard tree or a tree in imminent danger of contacting the owner's or operator's transmission or distribution facility. Interior and USDA may develop a program to train their personnel involved in vegetation management decisions on rights-of-way relating to transmission and distribution facilities. Interior and USDA shall prescribe regulations, or amend existing regulations, to implement this bill. An owner or operator does not have to develop and submit a vegetation management, facility inspection, and operation and maintenance plan if one has already been approved by Interior or USDA before the enactment of this bill. (Sec.3)This bill shall not detract from the availability of funds or other resources for wild-fire suppression. | Electricity Reliability and Forest Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustainable Revenue for Oregon
Counties Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) more than half of the land in the State of Oregon is
owned by the Federal Government;
(2) in many counties of the State, significant portions of
the land of the counties (often significantly more than half of
the land of the counties) is owned by the Federal Government;
(3) the land described in paragraph (2) includes Forest
Service land and Oregon and California grant land;
(4) the counties described in paragraph (2) are unable to
derive revenue from property taxes on land owned by the Federal
Government;
(5) historically, payments made by the Federal Government
based on revenues from harvesting timber (including Oregon and
California grant land and Forest Service payments) have
provided a revenue substitute for property taxes;
(6) the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-
393) augmented the payments described in paragraph (5) because
of a significant decline in timber harvest revenues;
(7) Congress extended the payments described in paragraph
(6) for 1 year in 2007, and for 4 years effective beginning in
2008, to provide time to develop a long-term sustainable
alternative to the payments described in paragraph (6);
(8) the prospects for a long-term extension are uncertain
because of concerns regarding Federal budget deficits and long-
term financial assistance to local governments of the State;
(9) counties of the State that have historically received
the payments described in paragraph (5) are in need of a
sustainable, long-term revenue source;
(10) there are opportunities for the conduct of activities
in the Federal forest land of the counties of the State that
could be structured to be economically and environmentally
sustainable, including--
(A) the harvesting of timber (including thinning to
restore forest health) in a sustainable manner and in
sustainable quantities;
(B) the removal of biomass material from the forest
land for--
(i) the generation of electricity; and
(ii) the production of cellulosic biofuels;
(C) the conduct of activities that could--
(i) increase the sequestration by the
forest land of atmospheric carbon; or
(ii) provide other ecosystem services for
communities, such as clean water; and
(D) the conduct of recreational activities;
(11) other sources of revenue, including State and local
revenue sources, should also be considered in selecting a
sustainable, long-term revenue source; and
(12) payments made by the Federal Government could be
continued under a variety of different payment methodologies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretaries concerned.--The term ``Secretaries
concerned'' means--
(A) the Secretary of Agriculture; and
(B) the Secretary of the Interior.
(2) State.--The term ``State'' means the State of Oregon.
(3) Task force.--The term ``Task Force'' means the Oregon
Task Force on Sustainable Revenue for Counties established by
section 4(a).
SEC. 4. TASK FORCE.
(a) Establishment.--There is established a task force to be known
as the ``Oregon Task Force on Sustainable Revenue for Counties''.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of 15
members, of whom--
(A) 4 members shall be appointed by the Secretaries
concerned, of whom--
(i) each shall represent a county of the
State; and
(ii) 2 shall represent counties in which
there is located Oregon and California grant
land;
(B) 1 member shall be appointed by the Governor of
the State as the representative of the Governor of the
State;
(C) 1 member shall be appointed by the Secretaries
concerned from among persons who are experts in
economics (including natural resource economics);
(D) 1 member shall be appointed by the Secretaries
concerned from among persons who are experts in
sustainable forestry practices;
(E) 1 member shall be appointed by the Secretaries
concerned from among persons who are experts in
scientific and economic aspects of biomass energy;
(F) 1 member shall be appointed by the Secretaries
concerned from among persons who are experts in the
scientific aspects of ecosystem services that are
provided by temperate forests (including, at a minimum,
the scientific aspects of carbon sequestration);
(G) 1 member shall be appointed by the Secretaries
concerned from among persons who are experts in fields
relating to wildlife habitat, endangered species, and
biodiversity;
(H) 1 member shall be appointed by the Secretaries
concerned as a representative of the forest products
industry located in the State;
(I) 1 member shall be appointed by the Secretaries
concerned as a representative of regionally or locally
recognized conservation organizations located in the
State;
(J) 1 member shall be appointed by the Secretaries
concerned as a representative of--
(i) organized labor; or
(ii) nontimber forest product harvester
groups;
(K) 1 member shall be appointed by the Secretaries
concerned as a representative of persons who
participate in or provide recreational activities or
are engaged in related activities; and
(L) 1 member shall be appointed by the Secretaries
concerned as a representative of Indian tribes that are
located in the State.
(2) Date of appointments.--The appointment of a member of
the Task Force shall be made not later than 60 days after the
date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Task Force.
(2) Vacancies.--A vacancy on the Task Force--
(A) shall not affect the powers of the Task Force;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Task Force have been appointed, the Task Force
shall hold the initial meeting of the Task Force.
(e) Meetings.--
(1) In general.--The Task Force shall meet at the call of
the Chairperson.
(2) Public access.--Each meeting of the Task Force shall be
open to the public.
(f) Quorum.--A majority of the members of the Task Force shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Task Force shall select
a Chairperson and Vice Chairperson from among the members of the Task
Force.
SEC. 5. DUTIES.
(a) Consideration and Review of Revenue Sources.--
(1) In general.--The Task Force shall consider and review
concepts for the establishment of a long-term revenue source
for counties located in the State that have historically
received Federal funds.
(2) Revenue sources.--In conducting the consideration and
review under paragraph (1), in accordance with paragraph (3),
the Task Force shall consider--
(A) revenue sources proposed by relevant
legislation or administrative actions;
(B) payments based on timber harvests (including
thinning to restore forest health) carried out at
sustainable levels;
(C) payments based on revenues that each county of
the State could have received through property taxation
if the land owned by the Federal Government located in
the county was privately held and subject to a property
tax;
(D) revenue based on--
(i) a portion of the proceeds from sales of
material collected from public land located in
the State for the production of biomass
electricity or cellulosic liquid transportation
fuels;
(ii) user fees for recreational activities
carried out on public land located in the
State;
(iii) payments for increases in carbon
sequestration; and
(iv) land exchanges or transfers that could
provide compensation for nontaxable Federal
land located in counties of the State;
(E) local sources of revenue that could be used to
reduce or eliminate the reliance of counties of the
State on Federal funds (including taxes, user fees, or
economic development activities that could increase the
revenue base of the counties of the State);
(F) payments made by the Federal Government to the
counties of the State, including--
(i) guaranteed payments that are to be
established at a reduced level and not based on
timber harvest revenues; and
(ii) guaranteed payments that are to be
established--
(I) at a level similar to the level
of payments reauthorized in 2008;
(II) in part by timber harvest
revenues; and
(III) with the use of additional
Federal funds to the extent that timber
harvest revenues described in subclause
(II) do not meet the guaranteed level
of payment; and
(G) any other revenue source that the Task Force
determines to be appropriate for consideration and
review.
(3) Factors.--In considering each revenue source under
paragraph (2), the Task Force shall take into account--
(A) the long-term sustainability of each revenue
source considered under paragraph (2);
(B) the relative value, long-term sustainability,
and any other implication of the relative reliance of
the counties of the State on revenues arising from
Federal forests located in the counties, as compared to
other local revenue sources;
(C) the potential long-term effects of each revenue
source considered under paragraph (2) on the economies
of the counties of the State;
(D) revenue sources that are used by other cities
or counties of the State;
(E) the environmental effects of each revenue
source considered under paragraph (2);
(F) the effect of each revenue source considered
under paragraph (2) on local revenue streams and county
services; and
(G) comments submitted to the Task Force by a
stakeholder relating to any issue or proposal
considered by the Task Force.
(b) Hearings.--
(1) In general.--The Task Force shall hold such hearings,
meet and act at such times and places, take such testimony, and
receive such evidence as the Task Force considers advisable to
receive the input and determine the opinions of the public and
stakeholders with respect to the establishment of a
sustainable, long-term revenue source for the counties of the
State.
(2) Incorporation of public and stakeholder input.--In
preparing the report required under subsection (c), the Task
Force shall incorporate into the recommendations of the Task
Force required under subsection (c)(2), to the maximum extent
practicable, the public and stakeholder input received under
paragraph (1).
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the Task Force shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that contains--
(1) a detailed statement of the findings and conclusions of
the Task Force;
(2) a description of not less than 2 policy scenarios for
providing sustainable revenue to the counties of the State that
are recommended by not less than \3/5\ of the members of the
Task force for consideration by the Federal Government, the
State, and the counties of the State as the Task Force
considers appropriate (including such legislation and
administrative actions necessary to implement each policy
scenario);
(3) a description of the opinion of each member of the Task
Force regarding each policy scenario described in paragraph
(2);
(4) a description of the minority views of each member of
the Task Force who does not support any policy scenario
described in paragraph (2);
(5) a description of each revenue source considered but not
recommended by the Task Force under paragraph (2), including--
(A) an explanation of each reason why the Task
Force did not recommend the policy scenario; and
(B) a description of the minority views of each
member of the Task Force relating to the decision by
the Task Force not to recommend the policy scenario;
and
(6) a summary of comments received by the Task Force under
subsections (a)(3)(G) and (b)(1).
(d) Required Hearings.--Not later than 60 days after the date on
which each committee described in subsection (c) receives the report
required under that subsection, each committee shall hold a hearing to
evaluate the recommendations contained in the report.
SEC. 6. POWERS.
(a) Information From Federal Agencies.--
(1) In general.--The Task Force may secure directly from a
Federal agency such information as the Task Force considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Task Force, the head of the agency shall
provide the information to the Task Force.
(b) Postal Services.--The Task Force may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(c) Gifts.--The Task Force may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. TASK FORCE PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Task Force shall
serve without compensation.
(b) Travel Expenses.--A member of the Task Force shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Task Force.
(c) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Task Force without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Task Force may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that 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 that title.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended.
SEC. 9. TERMINATION OF TASK FORCE.
The Task Force shall terminate 120 days after the date on which the
Task Force submits the report of the Task Force under section 5(c). | Sustainable Revenue for Oregon Counties Act of 2009 - Establishes the Oregon Task Force on Sustainable Revenue for Counties to consider and review concepts for the establishment of a long-term revenue source for counties in Oregon that have historically received federal funds.
Directs the Task Force, in conducting the consideration and review, to consider: (1) revenue sources proposed by relevant legislation or administrative actions; (2) payments based on timber harvests, including thinning to restore forest health, carried out at sustainable levels; (3) payments based on the revenues each county could have received through property taxation if the land owned by the federal government was privately held and subject to a property tax; (4) revenue based on a portion of the proceeds from sales of material collected from public land in Oregon for the production of biomass electricity or cellulosic liquid transportation fuels, user fees for recreational activities on such land, payments for increases in carbon sequestration, and land exchanges or transfers that could provide compensation for nontaxable federal land in the counties; (5) local revenue sources that could be used to reduce or eliminate reliance of the counties on federal funds; (6) federal payments made by the government to the counties, including specified guaranteed payments; and (7) any other revenue source appropriate for review.
Requires the Task Force to hold hearings on the establishment of a sustainable, long-term revenue source for the counties. | A bill to establish the Oregon Task Force on Sustainable Revenue for Counties, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercializing on Small Business
Innovation Act of 2016''.
SEC. 2. EXTENSION OF TERMINATION DATES.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ``2017'' and inserting ``2022''.
(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C.
638(n)(1)(A)) is amended by striking ``2017'' and inserting ``2022''.
(c) Administrative Funding.--Section 9(mm)(1) of the Small Business
Act (15 U.S.C. 638(mm)(1)) is amended by striking ``2017'' and
inserting ``2022''.
SEC. 3. REQUIRED EXPENDITURE AMOUNTS.
(a) SBIR.--Section 9(f)(1) of the Small Business Act (15 U.S.C.
638(f)(1)) is amended--
(1) in subparagraph (H), by striking the ``and'' at the
end;
(2) in subparagraph (I), by striking ``and each fiscal year
thereafter,'' and inserting a semicolon; and
(3) by inserting after subparagraph (I) the following new
subparagraphs:
``(J) not less than 3.46 percent of such budget in
fiscal year 2018;
``(K) not less than 3.72 percent of such budget in
fiscal year 2019;
``(L) not less than 3.98 percent of such budget in
fiscal year 2020;
``(M) not less than 4.24 percent of such budget in
fiscal year 2021; and
``(N) not less than 4.50 percent of such budget in
fiscal year 2022 and each fiscal year thereafter,''.
(b) STTR.--Section 9(n)(1)(B) of the Small Business Act (15 U.S.C.
638(n)(1)(B)) is amended--
(1) in clause (iv), by striking the ``and'' at the end;
(2) in clause (v), by striking ``for fiscal year 2016 and
each fiscal year thereafter.'' and inserting ``for each of
fiscal years 2016 and 2017;'' ; and
(3) by adding at the end the following new clauses:
``(vi) 0.50 percent for each of fiscal
years 2018 and 2019;
``(vii) 0.55 percent for each of fiscal
years 2020 and 2021; and
``(viii) 0.60 percent for fiscal year 2022
and each fiscal year thereafter.''.
SEC. 4. REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--Section 9(b)(7) of the Small
Business Act (15 U.S.C. 638(b)(7)) is amended by striking ``to report
not less than annually'' and inserting ``to submit a report not later
than December 31 of each year''.
(b) Annual Reports to the Administrator Required to Be Submitted
Not Later Than March 30 of Each Year.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended--
(1) in subsection (g)(9), by striking ``make an annual
report'' and inserting ``not later than March 30 of each year,
submit a report'';
(2) in subsection (i)(1), by striking ``shall report
annually to the Small Business Administration'' and inserting
``shall, not later than March 30 of each year, submit a report
to the Small Business Administration that includes'';
(3) in subsection (j)--
(A) in paragraph (1)(E), by striking ``simplified,
standardized, and timely annual report'' and inserting
``not later than March 30 of each year, a simplified
and standardized report''; and
(B) in paragraph (3)(C), by striking ``to require
agencies to report to the Administration, not less
frequently than annually, all instances in which an''
and inserting ``to require each agency, not later than
March 30 of each year, to submit a report to the
Administration on all instance in which the'';
(4) in subsection (o)(10), by striking ``submit an annual
report'' and inserting ``not later than March 30 of each year,
submit a report'';
(5) in subsection (y)(6)(C), by striking ``submit'' and
inserting ``not later than March 30 of each year, submit'';
(6) in subsection (dd)(4)(A), by striking ``and submit''
and inserting ``and, not later than March 30 of each year,
submit'';
(7) in subsection (gg)(6), by striking ``include in the
annual'' and inserting ``include, not later than March 30 of
each year, a'';
(8) in subsection (ii) by inserting ``, not later than
March 30 of each year,'' after ``shall'';
(9) in subsection (mm)(6), by inserting ``, not later than
June 30 of each year,'' after ``shall'';
(10) in subsection (nn)(3)(A)--
(A) by striking ``an annual'' and inserting ``a'' ;
and
(B) by inserting ``, not later than March 30 of
each year,'' after ``shall''; and
(11) in subsection (ss), by striking ``October 1, 2013, and
annually thereafter,'' and inserting ``March 30 of each
year,''.
(c) Failure to Report Administrative Funds.--Section 9(mm) of the
Small Business Act (15 U.S.C. 638(mm)) is amended by adding at the end
the following new paragraph:
``(7) Failure to report administrative funds.--
``(A) In general.--Not later than March 30
following each fiscal year for which funds are
authorized to be used by a Federal agency under
paragraph (1), the Federal agency shall submit a report
to the Administrator that identifies how the Federal
agency used such funds during such fiscal year.
``(B) Failure to submit a report.--If a Federal
agency fails to submit a report required under
subparagraph (A), paragraph (1) shall not apply to such
Federal agency unless--
``(i) such report is submitted; and
``(ii) such Federal agency submits an
additional report to the Administrator that
identifies how such Federal agency plans to
ensure timely reporting under this
paragraph.''.
SEC. 5. INDEXING AWARDS FOR INFLATION.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (j)(2)--
(A) by striking subparagraph (D);
(B) by redesignating subparagraphs (E) through (I)
as subparagraphs (D) through (H), respectively; and
(C) in subparagraph (H), as so redesignated, by
striking ``subparagraph (H)'' and inserting
``subparagraph (G)'';
(2) in subsection (p)(2)(B)--
(A) in clause (vii), by adding ``and'' at the end;
(B) in clause (viii), by striking ``and'' at the
end; and
(C) by striking clause (ix);
(3) in subsection (gg)(3), by striking ``awards under
subsection (j)(2)(D) or (p)(2)(B)(ix).'' and inserting ``awards
under subsection (tt)(2).''; and
(4) by adding at the end the following new subsection:
``(tt) Awards Under Phase I and Phase II Adjusted for Inflation.--
``(1) Phase i awards.--An award for Phase I of an SBIR or
STTR program may not exceed $150,000.
``(2) Phase ii awards.--An award for Phase II of an SBIR or
STTR program may not exceed $1,000,000.
``(3) Adjustment for inflation.--The Administrator shall
adjust the dollar amounts under paragraphs (1) and (2) for
inflation in accordance with section 1908 of title 41, United
States Code.''.
SEC. 6. REQUIREMENTS FOR INSERTION INCENTIVES.
Section 9(y)(5) of the Small Business Act (15 U.S.C. 638(y)(5)) is
amended by striking ``is authorized to'' and inserting ``shall''.
SEC. 7. CLARIFICATION OF ELIGIBILITY OF CERTAIN SMALL BUSINESSES.
(a) SBIR.--Section 9(j) of the Small Business Act (15 U.S.C.
638(j)) is amended by adding at the end the following new paragraph:
``(4) Modification to clarify eligibility of certain small
businesses.--Not later than 180 days after the date of the
enactment of the Commercializing on Small Business Innovation
Act of 2016, the Administrator shall modify the policy
directives issued pursuant to this subsection to clarify that
the small business concerns described in subparagraphs (B),
(C), and (D) of section 3(p)(3) are eligible to receive awards
under the SBIR program.''.
(b) STTR.--Section 9(p) of the Small Business Act (15 U.S.C.
638(p)) is amended by adding at the end the following new paragraph:
``(4) Modification to clarify eligibility of certain small
businesses.--Not later than 180 days after the date of the
enactment of the Commercializing on Small Business Innovation
Act of 2016, the Administrator shall modify the policy
directives issued pursuant to this subsection to clarify that
the small business concerns described in subparagraphs (B),
(C), and (D) of section 3(p)(3) are eligible to receive awards
under the STTR program.''.
SEC. 8. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
section 5, is further amended by adding at the end the following new
subsection:
``(uu) Commercialization Assistance Pilot Programs.--
``(1) Pilot programs implemented.--
``(A) In general.--Except as provided in
subparagraph (B), not later than one year after the
date of the enactment of Commercializing on Small
Business Innovation Act of 2016, a covered agency shall
implement a commercialization assistance pilot program
to award eligible entities with a second sequential
SBIR award.
``(B) Exception.--If the Administrator determines
that a covered agency has a program that is
sufficiently similar to a commercialization assistance
pilot program, such agency shall not be required to
implement a commercialization assistance pilot program
under subparagraph (A).
``(C) Percent of agency funds.--A covered agency
may not use more than 5 percent of its total SBIR
budget for awards under the commercialization
assistance pilot program.
``(D) Termination.--The commercialization
assistance pilot programs shall terminate on September
30, 2022.
``(2) Matching requirement.--
``(A) In general.--The Administrator shall require
as a condition of any award made to an eligible entity
under a commercialization assistance pilot program,
that a matching amount (excluding any fees collected
from recipients of such assistance) equal to the amount
of such award be provided from an eligible third-party
investor, before the end of the commercialization
assistance pilot program award.
``(B) Ineligible funding.--An eligible entity may
not use funding from ineligible sources to meet the
matching requirement of subparagraph (A).
``(3) Award.--
``(A) Size of award.--An award under this
subsection may not exceed the limitations in subsection
(aa)(1).
``(B) Timing.--Awards provided under the
commercialization assistance pilot program shall be
distributed during the Phase II award period of the
recipient eligible entity.
``(4) Application.--In order to be selected to receive a
second sequential SBIR award under a commercialization
assistance pilot program, an eligible entity shall submit to
the covered agency implementing such pilot program--
``(A) an application at such time, in such manner,
and containing such information as the covered agency
may require; and
``(B) the source and amount of the matching funding
required under paragraph (2).
``(5) Use of funds.--The funds awarded under a
commercialization assistance pilot program may only be used for
research and development activities that build on the eligible
entity's Phase II program and catalyze acceleration towards
commercialization.
``(6) Determination of recipients.--In determining which
applicants receive awards under the commercialization
assistance pilot program, the head of a covered agency shall
consider--
``(A) the extent to which the supplemental funds
awarded under the pilot program could aid the applicant
commercialize its research;
``(B) whether the proposed plan provides a sound
approach for establishing technical feasibility that
could lead to commercialization;
``(C) whether the proposed activity reflect changes
to the Phase II commercialization plan that further
improves the chances of conversion of research in order
to provide societal benefits;
``(D) whether the small business concern has
progressed satisfactorily in the Phase II activity to
justify additional funding;
``(E) the expectations of the third-party funding;
and
``(F) the likelihood that the third-party funded
activity will lead to commercial and societal benefit.
``(7) Evaluation report.--Not later than 3 years after the
date of the enactment of Commercializing on Small Business
Innovation Act of 2016, the Comptroller General of the United
States shall submit to the Committee on Science, Space, and
Technology and the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate an evaluative report that
includes--
``(A) a summary of the activities of the
commercialization assistance pilot programs;
``(B) a detailed compilation of results achieved by
the commercialization assistance pilot programs,
including the number of small business concerns that
received awards under the pilot program;
``(C) the rate at which the recipients under the
pilot program commercialized their research;
``(D) the growth in employment and revenue of
companies that participated in the pilot program;
``(E) a comparison of commercialization success of
pilot program participants and recipients of a non-
matching sequential Phase II award;
``(F) demographic information such as ethnicity and
geographic location of participant companies;
``(G) an accounting of the funds used at each
participating agency in the pilot program;
``(H) a distribution of third-party funding by
source;
``(I) an analysis of the program's effectiveness at
each participating agency; and
``(J) recommendations for improvement to the pilot
program, in the case that Congress were to make it
permanent.
``(8) Definitions.--For purposes of this subsection:
``(A) Covered agency.--The term `covered agency'
means a Federal agency required to have an SBIR
program.
``(B) Eligible entity.--The term `eligible entity'
means a small business concern that has received a
Phase II award and a Phase II sequential award from the
covered agency to which such entity is applying for a
second sequential SBIR award.
``(C) Eligible third-party investor.--The term
`eligible third-party investors' means a small business
concern other than the eligible entity, a venture
capital firm, an individual investor, a non-SBIR
Federal, State or local government, or any combination
thereof.
``(D) Ineligible sources.--The term `ineligible
sources' means the following:
``(i) The awardee's internal research and
development funds.
``(ii) Funding in forms other than cash
such as in-kind or other intangible assets.
``(iii) Funding from the owners of the
eligible entity, or the family members or
affiliates of such owners.
``(iv) Funding attained through loans or
other forms of debt obligations.''.
SEC. 9. INCREASED UNDERSERVED POPULATION PARTICIPATION WAIVER REMOVED.
(a) In General.--Section 9(mm)(2) of the Small Business Act (15
U.S.C. 638(mm)(2)) is amended to read as follows:
``(2) Outreach and technical assistance.--A Federal agency
participating in the program under this subsection shall use a
portion of the funds authorized for uses under paragraph (1) to
carry out the policy directive required under subsection
(j)(2)(F) and to increase the participation of States with
respect to which a low level of SBIR awards have historically
been awarded.''.
(b) Conforming Amendment.--Section 9(mm)(6) of the Small Business
Act (15 U.S.C. 638(mm)(6)) is amended by striking ``(A) and any use of
the waiver authority under paragraph (2)(B)''. | Commercializing on Small Business Innovation Act of 2016 (Sec. 2) This bill amends the Small Business Act to reauthorize for FY2017-FY2022 both the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program. The Small Business Administration (SBA) shall continue through FY2022 to permit each federal agency to use up to 3% of its SBIR program funds to assist the agency in its required SBIR or STTR program's administration and related activities. (Sec. 3) The bill also increases the percentages of required agency expenditures with small business concerns under these programs for each of those fiscal years. (Sec. 4) The bill revises SBIR and STTR annual reporting requirements to establish deadline dates. The SBA's annual report to Congress on these programs shall be due by December 31 of each year. Federal agency annual reports to the SBA on their SBIR or STTR program shall be due by March 30. The SBA must report annually to Congress by June 30 on the use of SBIR program funds by federal agencies for specified purposes in the Act. (Sec. 5) SBA policy directives shall index SBIR and STTR awards for inflation. As under current law, an award for: (1) Phase I of an SBIR or STTR program may not exceed $150,000, and (2) Phase II of such program may not exceed $1 million. The SBA shall continue to adjust these dollar amounts for inflation. (Sec. 6) This bill requires the Department of Defense (which under current law is already authorized) to create insertion incentives under the Department of Defense Commercialization Readiness Program for any contract with a value of at least $100 million to: establish goals for the transition of Phase III technologies in subcontracting plans, and require a prime contractor on such a contract to report the number and dollar amount of contracts entered into by that prime contractor for Phase III SBIR or STTR projects. (Sec. 7) The SBA shall modify its policy directives to make clear that HUBZone small business concerns owned and controlled by Alaska Native Corporations, owned by Indian tribal governments, and owned by Native Hawaiian Organizations are eligible to receive SBIR and STTR awards. (Sec. 8) Any federal agency required to have an SBIR program (covered agency) shall implement a commercialization assistance pilot program (CAPP) through FY2022 to award eligible entities with a second sequential SBIR award, unless the agency already has a program sufficiently similar to CAPP. A covered agency may spend up to 5% of its total SBIR budget for CAPP awards, to be distributed during the recipient's Phase II award period. Such awards may only be used for research and development activities that build on the eligible entity's Phase II program and catalyze acceleration towards commercialization. The SBA shall require as a condition of any CAPP award that an equal matching amount (excluding any fees collected from recipients of such assistance) be provided from an eligible third-party investor before the end of the CAPP award. An eligible entity may not use funding from ineligible sources to meet this matching requirement. The term: "eligible entity" means a small business concern that has received a Phase II award and a Phase II sequential award from the covered agency to which such entity is applying for a second sequential SBIR award; "eligible third-party investor" means a small business concern other than the eligible entity, a venture capital firm, an individual investor, a non-SBIR federal, state, or local government, or any combination; and "ineligible sources" means the awardee's internal research and development funds, funding in forms other than cash such as in-kind or other intangible assets, funding from the owners of the eligible entity, or the family members or affiliates of such owners, or funding attained through loans or other forms of debt obligations. (Sec. 9) The bill eliminates the authority of an agency to request a waiver of the requirement to use a portion of SBIR funds for outreach efforts to increase the participation of: social and economically disadvantaged small business concerns and certain woman-owned small business concerns, and states in which a low level of SBIR awards have historically been awarded. | Commercializing on Small Business Innovation Act of 2016 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Expanding
Industrial Energy Efficiency Incentives Act of 2009''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of 1986 Code; table of contents.
Sec. 2. Modifications in credit for combined heat and power system
property.
Sec. 3. Motor energy efficiency improvement tax credit.
Sec. 4. Credit for replacement of CFC refrigerant chiller.
Sec. 5. Qualifying efficient industrial process water use project
credit.
SEC. 2. MODIFICATIONS IN CREDIT FOR COMBINED HEAT AND POWER SYSTEM
PROPERTY.
(a) Modification of Certain Capacity Limitations.--Subparagraph (B)
of section 48(c)(3) is amended--
(1) by striking ``15 megawatts'' in clause (ii) and
inserting ``25 megawatts'',
(2) by striking ``20,000 horsepower'' in clause (ii) and
inserting ``34,000 horsepower'', and
(3) by striking clause (iii).
(b) Nonapplication of Certain Rules.--Subparagraph (C) of section
48(c)(3) is amended by adding at the end the following new clause:
``(iv) Nonapplication of certain rules.--
For purposes of determining if the term
`combined heat and power system property'
includes technologies which generate
electricity or mechanical power using back-
pressure steam turbines in place of existing
pressure-reducing valves or which make use of
waste heat from industrial processes such as by
using organic rankine, stirling, or kalina heat
engine systems, subparagraph (A) shall be
applied without regard to clause (ii).''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. MOTOR ENERGY EFFICIENCY IMPROVEMENT TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 45R. MOTOR ENERGY EFFICIENCY IMPROVEMENT TAX CREDIT.
``(a) In General.--For purposes of section 38, the motor energy
efficiency improvement tax credit determined under this section for the
taxable year is an amount equal to $120 multiplied by the motor
horsepower of an appliance, machine, or equipment--
``(1) manufactured in such taxable year by a manufacturer
which incorporates an advanced motor system into a newly
designed appliance, machine, or equipment or into a redesigned
appliance, machine, or equipment which did not previously make
use of the advanced motor system, or
``(2) placed back into service in such taxable year by an
end user which upgrades an existing appliance, machine, or
equipment with an advanced motor system.
For any advanced motor system with a total horsepower of less than 10,
such motor energy efficiency improvement tax credit is an amount which
bears the same ratio to $120 as 1 horsepower bears to such total
horsepower.
``(b) Advanced Motor System.--For purposes of this section, the
term `advanced motor system' means a motor and any required associated
electronic control which--
``(1) offers variable or multiple speed operation, and
``(2) uses permanent magnet technology, electronically
commutated motor technology, switched reluctance motor
technology, or such other motor systems technologies as
determined by the Secretary of Energy.
``(c) Aggregate Per Taxpayer Limitation.--
``(1) In general.--The amount of the credit determined
under this section for any taxpayer for any taxable year shall
not exceed the excess (if any) of $2,000,000 over the aggregate
credits allowed under this section with respect to such
taxpayer for all prior taxable years.
``(2) Aggregation rules.--For purposes of this section, all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 taxpayer.
``(d) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, the
basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed.
``(2) No double benefit.--No other credit shall be
allowable under this chapter for property with respect to which
a credit is allowed under this section.
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1).
``(e) Application.--This section shall not apply to property
manufactured or placed back into service before the date which is 6
months after the date of the enactment of this section or after
December 31, 2013.''.
(b) Conforming Amendments.--
(1) Section 38(b) is amended by striking ``plus'' at the
end of paragraph (34), by striking the period at the end of
paragraph (35) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(36) the motor energy efficiency improvement tax credit
determined under section 45R.''.
(2) Section 1016(a) is amended by striking ``and'' at the
end of paragraph (36), by striking the period at the end of
paragraph (37) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(38) to the extent provided in section 45R(d)(1).''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45R. Motor energy efficiency improvement tax credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to property manufactured or placed back into service after the
date which is 6 months after the date of the enactment of this Act.
SEC. 4. CREDIT FOR REPLACEMENT OF CFC REFRIGERANT CHILLER.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1,
as amended by this Act, is amended by adding at the end the following
new section:
``SEC. 45S. CFC CHILLER REPLACEMENT CREDIT.
``(a) In General.--For purposes of section 38, the CFC chiller
replacement credit determined under this section for the taxable year
is an amount equal to--
``(1) $150 multiplied by the tonnage rating of a CFC
chiller replaced with a new efficient chiller that is placed in
service by the taxpayer during the taxable year, plus
``(2) if all chilled water distribution pumps connected to
the new efficient chiller include variable frequency drives,
$100 multiplied by any tonnage downsizing.
``(b) CFC Chiller.--For purposes of this section, the term `CFC
chiller' includes property which--
``(1) was installed after 1980 and before 1993,
``(2) utilizes chlorofluorocarbon refrigerant, and
``(3) until replaced by a new efficient chiller, has
remained in operation and utilized for cooling a commercial
building.
``(c) New Efficient Chiller.--For purposes of this section, the
term `new efficient chiller' includes a water-cooled chiller which is
certified to meet efficiency standards effective on January 1, 2010, as
defined in table 6.8.1c in Addendum M to Standard 90.1-2007 of the
American Society of Heating, Refrigerating, and Air Conditioning
Engineers.
``(d) Tonnage Downsizing.--For purposes of this section, the term
`tonnage downsizing' means the amount by which the tonnage rating of
the CFC chiller exceeds the tonnage rating of the new efficient
chiller.
``(e) Energy Audit.--As a condition of receiving a tax credit under
this section, an energy audit shall be performed on the building prior
to installation of the new efficient chiller, identifying cost-
effective energy-saving measures, particularly measures that could
contribute to chiller downsizing. The audit shall satisfy criteria that
shall be issued by the Secretary of Energy.
``(f) Property Used by Tax-Exempt Entity.--In the case of a CFC
chiller replaced by a new efficient chiller the use of which is
described in paragraph (3) or (4) of section 50(b), the person who sold
such new efficient chiller to the entity shall be treated as the
taxpayer that placed in service the new efficient chiller that replaced
the CFC chiller, but only if such person clearly discloses to such
entity in a document the amount of any credit allowable under
subsection (a) and the person certifies to the Secretary that the
person reduced the price the entity paid for such new efficient chiller
by the entire amount of such credit.
``(g) Termination.--This section shall not apply to replacements
made after December 31, 2012.''.
(b) Conforming Amendments.--
(1) Section 38(b), as amended by this Act, is amended by
striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(37) the CFC chiller replacement credit determined under
section 45S.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by this Act, is amended
by adding at the end the following new item:
``Sec. 45S. CFC chiller replacement credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to replacements made after the date of the enactment of this Act.
SEC. 5. QUALIFYING EFFICIENT INDUSTRIAL PROCESS WATER USE PROJECT
CREDIT.
(a) In General.--Section 46 is amended by striking ``and'' at the
end of paragraph (4), by striking the period at the end of paragraph
(5), and by adding at the end the following new paragraph:
``(6) the qualifying efficient industrial process water use
project credit.''.
(b) Amount of Credit.--Subpart E of part IV of subchapter A of
chapter 1 is amended by inserting after section 48C the following new
section:
``SEC. 48D. QUALIFYING EFFICIENT INDUSTRIAL PROCESS WATER USE PROJECT
CREDIT.
``(a) In General.--
``(1) Allowance of credit.--For purposes of section 46, the
qualifying efficient industrial process water use project
credit for any taxable year is an amount equal to the
applicable percentage of the qualified investment for such
taxable year with respect to any qualifying efficient
industrial process water use project of the taxpayer.
``(2) Applicable percentage.--For purposes of subsection
(a), the applicable percentage is--
``(A) 10 percent in the case of a qualifying
efficient industrial process water use project which
achieves a net energy consumption of less than 3,000
kilowatt hours per million gallons of water, and is
placed in service before January 1, 2013,
``(B) 20 percent in the case of a qualifying
efficient industrial process water use project which
achieves a net energy consumption of less than 2,000
kilowatt hours per million gallons of water, and
``(C) 30 percent in the case of a qualifying
efficient industrial process water use project which
achieves a net energy consumption of less than 1,000
kilowatt hours per million gallons of water.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment for any taxable year is the basis of
eligible property placed in service by the taxpayer during such
taxable year which is part of a qualifying efficient industrial
process water use project.
``(2) Exceptions.--Such term shall not include any portion
of the basis related to--
``(A) permitting,
``(B) land acquisition, or
``(C) infrastructure associated with sourcing or
water discharge.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(4) Special rule for subsidized energy financing.--Rules
similar to the rules of section 48(a)(4) (without regard to
subparagraph (D) thereof) shall apply for purposes of this
section.
``(5) Limitation.--The amount which is treated for all
taxable years with respect to any qualifying efficient
industrial process water use project with respect to any site
shall not exceed $10,000,000.
``(c) Definitions.--
``(1) Qualifying efficient industrial process water use
project.--The term `qualifying efficient industrial process
water use project' means, with respect to any site, a project--
``(A) which replaces or modifies a system for the
use of water or steam in the production of goods in the
trade or business of manufacturing (including any
system for the use of water derived from blow-down from
cooling towers and steam systems in the generation of
electric power at a site also used for the production
of goods in the trade or business of manufacturing),
and
``(B) which is designed to achieve--
``(i) a reduction of not less than 20
percent in water withdrawal and a reduction of
not less than 10 percent of water discharge
when compared to the existing water use at the
site, or
``(ii) a reduction of not less than 10
percent in water withdrawal and a reduction of
not less than 20 percent of water discharge
when compared to the existing water use at the
site.
``(2) Eligible property.--The term `eligible property'
means any property--
``(A) which is part of a qualifying efficient
industrial process water use project and which is
necessary for the reduction in withdrawals or discharge
described in paragraph (1)(B),
``(B)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer, and
``(C) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(3) Net energy consumption.--The term `net energy
consumption' means the energy consumed, both on-site and off-
site, with respect to the water described in paragraph (1)(A).
Net energy consumption shall be normalized per unit of
industrial output and measured under rules and procedures
established by the Secretary, in consultation with the
Administrator of the Environmental Protection Agency.
``(4) Water discharge.--The term `water discharge' means
all water leaving the site via permitted or unpermitted surface
water discharges, discharges to publicly owned treatment works,
and shallow- or deep-injection (whether on-site or off-site).
``(5) Water withdrawal.--The term `water withdrawal' means
all water taken for use at the site from on-site ground and
surface water sources together with any water supplied to the
site by a public water system.
``(d) Termination.--This section shall not apply to periods after
December 31, 2014, under rules similar to the rules of section 48(m)
(as in effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).''.
(c) Conforming Amendments.--
(1) Section 49(a)(1)(C) is amended by striking ``and'' at
the end of clause (iv), by striking the period at the end of
clause (v) and inserting ``, and'', and by adding after clause
(v) the following new clause:
``(vi) the basis of any property which is
part of a qualifying efficient industrial use
water project under section 48D.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 48B the following new item:
``Sec. 48D. Qualifying efficient industrial process water use project
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after January 1, 2011, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990). | Expanding Industrial Energy Efficiency Incentives Act of 2009 - Amends the Internal Revenue Code to: (1) increase megawatt and horsepower capacity limitations for the combined heat and power system property energy tax credit; and (2) allow new tax credits to improve advanced motor system energy efficiency, to replace chlorofluorocarbon (CFC) refrigerant chillers, and for investment in any qualifying efficient industrial process water use project. | To amend the Internal Revenue Code of 1986 to improve and extend certain energy-related tax provisions, and for other purposes. |
SECTION 1. SHORT TITLE.
This act may be cited as the ``Veterans Appeals Improvement and
Modernization Act of 2009''.
SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER INCORPORATION OF
SUPPLEMENTAL EVIDENCE INTO PREVIOUSLY SUBMITTED CLAIMS.
(a) Waiver.--Section 7104 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(f) If a claimant submits new evidence in support of a case for
which a substantive appeal has been filed, such evidence shall be
submitted to the Board directly and not to a regional office of the
Department, unless the claimant requests that the evidence be reviewed
by the regional office before being submitted to the Board.''.
(b) Effective Date.--Subsection (f) of section 7104 of title 38,
United States Code, as added by subsection (a) of this section, shall
apply with respect to evidence submitted on or after the date that is
90 days after the date of the enactment of this Act.
SEC. 3. MODIFICATION OF JURISDICTION AND FINALITY OF DECISIONS OF THE
COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Modification.--Subsection (a) of section 7252 of title 38,
United States Code, is amended--
(1) by striking the third sentence; and
(2) by adding at the end the following new sentence: ``The
Court shall have power to affirm, modify, reverse, remand, or
vacate and remand a decision of the Board after deciding all
relevant assignments of error raised by an appellant for each
particular claim for benefits. In a case in which the Court
reverses a decision on the merits of a particular claim and
orders an award of benefits, the Court need not decide any
additional assignments of error with respect to that claim.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a decision of the Board of Veterans' Appeals made
on or after the date of the enactment of this Act.
SEC. 4. COMMISSION TO STUDY JUDICIAL REVIEW OF THE DETERMINATION OF
VETERANS' BENEFITS.
(a) Establishment.--There is established a commission to be known
as the ``Veterans Judicial Review Commission'' (in this section
referred to as the ``Commission'').
(b) Duties.--The Commission shall--
(1) evaluate the administrative and judicial appellate
review processes of veterans' and survivors' benefits
determinations; and
(2) make specific recommendations and offer solutions to
improve the accuracy, fairness, transparency, predictability,
timeliness, and finality of such appellate review processes,
including a recommendation as to whether the Court of Appeals
for Veterans Claims should have the authority to hear class
action or associational standing cases.
(c) Membership.--
(1) In general.--The Commission shall be composed of 13
members appointed as follows:
(A) Two individuals appointed by the Speaker of the
House of Representatives.
(B) Two individuals appointed jointly by the
President of the Senate and the President pro tempore.
(C) Two individuals appointed by the minority
leader of the House of Representatives.
(D) Two individuals appointed by the minority
leader of the Senate.
(E) Four individuals appointed by the President.
(F) One individual appointed by the President, by
and with the advice and consent of the Senate, who
shall serve as chairperson.
(2) Qualifications.--Individuals appointed under paragraph
(1) shall--
(A) be specially qualified to serve on the
Commission by virtue of their expert education,
training, or experience associated with veterans'
benefits, judicial review, constitutional law, or other
areas of expertise pertinent to the duties of the
Commission; and
(B) include individuals who--
(i) are current or retired members of the
judiciary;
(ii) are members of the legal or academic
community; or
(iii) represent--
(I) veterans service organizations;
(II) legal service organizations;
or
(III) other affected entities.
(3) Terms.--Each member shall be appointed for the life of
the Commission.
(4) Vacancy.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) Quorum.--A majority of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(e) Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall serve without pay.
(2) Travel expense.--Each member 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.
(f) Staff.--
(1) Director.--The Commission shall have a director who
shall be appointed by the Chairperson.
(2) Staff.--Subject to rules prescribed by the Commission,
the Chairperson may appoint additional personnel as the
Chairperson considers appropriate.
(3) Applicability of certain civil service laws.--The
director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(4) Experts and consultants.--Subject to rules prescribed
by the Commission, the Chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Staff to federal agencies.--Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer
oaths or affirmations to witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(h) Reports.--
(1) Interim report.--Not later than July 1, 2010, the
Commission shall submit to Congress an interim report of the
evaluation and recommendations made under subsection (b).
(2) Final report.--Not later than December 31, 2010, the
Commission shall submit to Congress a final report on the
activities of the Commission, including--
(A) specific recommendations and solutions proposed
by the Commission under subsection (b), including a
recommendation as to whether the Court of Appeals for
Veterans Claims should have the authority to hear class
action or associational standing cases;
(B) relevant background and statistical information
associated with such recommendations and solutions; and
(C) other information the Commission determines
appropriate.
(i) Termination.--The Commission shall terminate on the date that
is two years after the date on which the Commission submits the final
report pursuant to section (h)(2). | Veterans Appeals Improvement and Modernization Act of 2009 - Provides that if a veteran claimant submits evidence in support of a case for which a substantive appeal has been filed to the Board of Veterans' Appeals, such evidence shall be submitted directly to the Board and not to a regional office of the Department of Veterans Affairs (VA), unless the claimant requests that the evidence first be reviewed by the regional office.
Empowers the Court of Appeals for Veterans Claims to affirm, modify, reverse, remand, or vacate and remand a decision of the Board after deciding all relevant assignments of error raised on appeal. Provides that whenever the Court reverses a decision on the merits of a particular claim and orders an award of benefits, the Court need not decide any additional assignments of error relating to that claim.
Establishes the Veterans Judicial Review Commission to evaluate and make specific decisions to improve the administrative and judicial appellate review processes of veterans' and survivors' benefits determinations. | To amend title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs, to establish a commission to study judicial review of the determination of veterans' benefits, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supplemental Social Security Income
Flexibility Act of 1995''.
SEC. 2. BLOCK GRANTS TO THE STATES FOR SUPPLEMENTAL SECURITY INCOME FOR
THE DISABLED AND BLIND.
(a) In General.--Title XVI of the Social Security Act (42 U.S.C.
1381-1383d) is amended by adding at the end the following new part:
``Part C--Block Grants to States for Supplemental Security Income for
the Disabled and Blind
``purpose; implementation
``Sec. 1651. (a) Purpose.--The purpose of this part is to
consolidate Federal assistance to the States for supplemental income
for individuals who are disabled or blind (other than individuals who
have attained age 65) into a single grant for such purpose, thereby
giving States maximum flexibility to--
``(1) require beneficiaries who are parents to ensure that
their school-age children attend school;
``(2) require minors who are beneficiaries to attend
school;
``(3) require parent beneficiaries to ensure that their
children receive the full complement of childhood
immunizations;
``(4) require beneficiaries not to use illegal drugs or
abuse other drugs;
``(5) deny assistance to children solely on the basis that
a child is unable to perform age-appropriate activities;
``(6) deny assistance to individiuals whose disabilities
are primarily the result of their abuse of illegal or legal
drugs, or alcohol;
``(7) deny assistance to illegal aliens;
``(8) require individuals who sponsor the residency of
legal aliens to support those they sponsor;
``(9) involve religious and charitable organizations,
voluntary associations, civic groups, community organizations,
nonprofit entities, benevolent and fraternal orders,
philanthropic entities, and other groups in the private sector,
as appropriate, in the provision of assistance to needy
disabled and blind individuals which the funding States receive
under this part.
``(b) Implementation.--This purpose shall be implemented in
accordance with conditions in each State and as determined by State
law.
``payments to states
``Sec. 1652. (a) Amount.--
``(1) In general.--Each State shall, subject to the
requirements of this part, be entitled to receive quarterly
payments for fiscal years 1997, 1998, 1999, and 2000 in an
amount equal to 25 percent of the annual amount determined
under paragraph (2) for such fiscal year for carrying out the
purpose described in section 1651.
``(2) Annual amount.--The annual amount determined under
this paragraph is equal to--
``(A) in fiscal year 1997, 100 percent of the
amounts received by the State in fiscal year 1994, or
100 percent of the average of amounts received by the
State in fiscal years 1992, 1993, and 1994, whichever
is greater, under part A of this title with respect to
persons who are disabled or blind indivudals, other
than individuals who have attained age 65 (as in effect
in fiscal year 1994, or if applicable, in fiscal years
1992, 1993, 1994), and
``(B) in each fiscal year thereafter, 100 percent of the
amount received by the State in the preceding fiscal year under
this part (as in effect in such preceding fiscal year).
``(b) Funding Requirements.--The Secretary of the Treasury shall
make quarterly payments described in subsection (a)(1) directly to each
State in accordance with section 6503 of title 31, United States Code.
``(c) Expenditure of Funds; Rainy Day Fund.--Amounts received by a
State under this part for any fiscal year shall be expended by the
State in such fiscal year or in the succeeding fiscal year; except for
such amounts as the State deems
necessary to set aside in a separate account to provide, without
fiscal limitation, for unexpected levels of assistance as a result of
events which cause an unexpected increase in the need for providing
supplemental income for individuals who are disabled or blind (other
than individuals who have attained the age 65). Any amounts remaining
in such segregated account after fiscal year 2000 shall be expended by
a State for the purpose described in section 1651 of this part as in
effect in fiscal year 2000.
``(d) Prohibition on Use of Funds.--Except as provided in
subsection (e), a State to which a payment is made under this part may
not use any part of such payment to provide medical services.
``(e) Authority To Use Portion of Grant for Other Purposes.--
``(1) In general.--A State may use not more than 30 percent
of the annual amount paid to the State under this part for a
fiscal year to carry out a State program pursuant to any or all
of the following provisions of law:
``(A) Part A of title IV of this Act.
``(B) Title XIX of this Act.
``(C) The Food Stamp Act.
``(2) Applicable rules.--Any amount paid to the State under
this part that is used to carry out a State program pursuant to
a provision of law specified in paragraph (1) shall not be
subject to the requirements of this part, but shall be subject
to the requirements that apply to Federal funds provided
directly under the provision of law to carry out the program.
``administrative and fiscal accountability
``Sec. 1653. (a) Audits; Reimbursements.--
``(1) Audits.--
``(A) In general.--A State shall, not less than
annually, audit the State expenditures from amounts
received under this part. Such audit shall--
``(i) determine the extent to which such
expenditures were or were not expended in
accordance with this part; and
``(ii) be conducted by an approved entity
(as defined in subparagraph (B)) in accordance
with generally accepted auditing principles.
``(B) Approved entity.--For purposes of
subparagraph (A), the term `approved entity' means an
entity that is--
``(i) approved by the Secretary of the
Treasury;
``(ii) approved by the chief executive
officer of the State; and
``(iii) independent of any agency
administering activities funded under this
part.
``(2) Reimbursement.--
``(A) In general.--Not later than 30 days following
the completion of an audit under this subsection, a
State shall submit a copy of the audit to the State
legislature and to the Secretary of the Treasury.
``(B) Repayment.--Each State shall pay to the
United States amounts ultimately found by the approved
entity under paragraph (1)(A) not to have been expended
in accordance with this part plus 10 percent of such
amount as a penalty, or the Secretary of the Treasury
may offset such amounts plus the 10 percent penalty
against any other amount in any other year that the
State may be entitled to receive under this part.
``(b) Additional Accounting Requirements.--The provisions of
chapter 75 of title 31, United States Code, shall apply to the audit
requirements of this section.
``(c) Reporting Requirements; Form, Contents.--
``(1) Annual reports.--A State shall prepare comprehensive
annual reports on the activities carried out with amounts
received by a State under this part.
``(2) Content.--Reports prepared under this section--
``(A) shall be for the most recently completed
fiscal year;
``(B) shall be in accordance with generally
accepted accounting principles, including the
provisions of chapter 75 of title 31, United States
Code;
``(C) shall include the results of the most recent
audit conducted in accordance with the requirements of
subsection (a) of this section; and
``(D) shall be in such form and contain such other
information as the State deems necessary--
``(i) to provide an accurate description of
such activities; and
``(ii) to secure a complete record of the
purposes for which amounts were expended in
accordance with this part.
``(3) Copies.--A State shall make copies of the reports
required under this section available for public inspection
within the State. Copies also shall be provided upon request to
any interested public agency, and each such agency may provide
its views on such reports to the Congress.
``(d) Administrative Supervision--
``(1) Role of the secretary of the treasury.--
``(A) In general.--The Secretary of the Treasury
shall supervise the amounts received under this part in
accordance with subparagraph (B).
``(B) Limited supervision--The supervision by the
Secretary of the Treasury shall be limited to--
``(i) making quarterly payments to the
States in accordance with section 1652(b);
``(ii) approving the entities referred to
in subsection (a)(1)(B); and
``(iii) withholding payment to a State
based on the findings of such an entity in
accordance with subsection (a)(2)(B).
``(2) Other federal supervision.--No administrative officer
or agency of the United States, other than the Secretary of the
Treasury and, as provided for in section 1654, the Attorney
General, shall supervise the amounts received by the States
under this part or the use of such amounts by the States.
``(e) Limited Federal Oversight.--With the exception of the
Department of the Treasury as provided for in this section and section
1654 of this part, no Federal department or agency may promulgate
regulations or issue rules regarding the purpose of this part.
``nondiscrimination provisions
``Sec. 1654. (a) No Discrimination Against Individuals.--No
individual shall be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity funded
in whole or in part with amounts received under this part on the basis
of such individual's--
``(1) disability under section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794);
``(2) sex under title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.); or
``(3) race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
``(b) Compliance.--If the Secretary of the Treasury determines that
a State, or an entity that has received funds from amounts received by
the State under this part, has failed to comply with a provision of law
referred to in subsection (a), except as provided for in section 1655
of this part, the Secretary of the Treasury shall notify the chief
executive officer of the State and shall request the officer to secure
compliance with such provision of law. If, not later than 60 days after
receiving such notification, the chief executive officer fails or
refuses to secure compliance, the Secretary of the Treasury may--
``(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted;
``(2) exercise the powers and functions provided under
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or section 505 of the Rehabilitation Act of 1973
(29 U.S.C. 794a), (as applicable); or
``(3) take such other action as may be provided by law.
``(c) Authority of Attorney General; Civil Actions.--When a matter
is referred to the Attorney General pursuant to subsection (b)(1), or
if the Attorney General has reason to believe that an entity is engaged
in a pattern or practice in violation of a provision of law referred to
in subsection (a), the Attorney General may bring a civil action in an
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
``nondiscrimination and institutional protections for religious
providers
``Sec. 1655. (a) Purpose.--The purpose of this section is to allow
the participation of religious organizations as providers of assistance
to disabled or blind individuals funded under this part without
impairing or diminishing the religious character or freedom of such
organizations.
``(d) Nondiscrimination.--Religious organizations shall be eligible
as providers of assistance to disabled or blind individuals as provided
for under this part. Neither the Federal Government nor a State
receiving funds under this part shall discriminate against an
organization which is or applies to be a provider of assistance
on the basis that the organization has a religious mission or purpose.
``(c) Religious Character and Freedom.--
``(1) In general.--Notwithstanding any other provision of
law, any religious organization participating as a provider of
assistance funded under this part shall retain its independence
from Federal, State, and local governments, including such
organization's control over the definition, development,
practice, and expression of its religious beliefs. Such an
organization may select, employ, promote, discipline, and
dismiss its clerics and other ecclesiastics, directors,
officers, employees, and volunteers on the basis of religion, a
religious belief, or a religious practice. However, a religious
organization shall not deny disabled or blind individuals the
benefits of any assistance funded under this part on the basis
of religion, a religious belief, or refusal to participate in a
religious practice.
``(2) Additional safeguards.--Neither the Federal
Government nor a State shall require a religious provider of
assistance to--
``(A) alter its form of internal governance, or
form a separate, nonprofit corporation to receive and
administer assistance funded under this part; or
``(B) alter real estate or facilities used to
provide such assistance, including but not limited to
the removal of religious art, icons, scripture, or
other symbols;
in order to be eligible to be a provider of assistance under
this part.
``(3) Fiscal accountability.--
``(A) In general.--Except as provided in
subparagraph (B), any religious organization providing
assistance funded under this part shall be subject to
the same regulations as other providers to account in
accord with generally accepted auditing principles for
the use of such funds provided under this part.
``(B) Limited audit.--Religious organizations may
segregate Federal funds provided under this part into
separate accounts, and then only the financial
assistance provided with those funds shall be subject
to audit.
``(d) Compliance.--A religious organization which has its rights
under this section violated may enforce its claim by asserting a civil
action for such relief as may be appropriate, including injunctive
relief or damages, in an appropriate district court of the United
States against the entity or agency that commits such violation.
``(e) Rights of Beneficiaries of Assistance.--
``(1) In general.--If a beneficiary has a bona fide
objection to the religious character of the organization or
institution from which the beneficiary is receiving assistance
funded under this part, each State shall provide such
beneficiary a certificate, redeemable with any other provider
of assistance funded under this part, for services the value of
which is no less than the value of the funding received by the
religious provider from a State to provide assistance funded
under this part for such individual.
``(2) Prohibition on providing cash in exchange for
certificates.--No provider of assistance funded under this part
shall provide a beneficiary a cash amount in exchange for a
certificate provided for under paragraph (1).''.
(b) Conforming Amendment.--Section 1602 of the Social Security Act
(42 U.S.C. 1381a) is amended by striking ``Every'' and inserting ``(a)
Every'' and by adding at the end the following new subsection:
``(b) No person who is a disabled or blind individual (other than a
person who has attained age 65) shall be an eligible individual or
eligible spouse for purposes of this part with respect to any month
beginning after September 30, 1996, but shall be eligible for services
to the disabled or blind funded under part C of this title.''.
SEC. 3. CONFORMING AMENDMENTS TO THE BUDGET ACT.
The Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) is amended in section 255(h) (2 U.S.C. 905(h), by
striking ``Supplemental Security Income Program (75-0406-0-1-609);
and'' and inserting ``Supplemental Security Income Program and block
grants to States for supplemental security income for disabled
individuals; and''.
SEC. 4. EFFECTIVE DATE.
The amendments and repeals made by this Act shall take effect on
October 1, 1996. | Supplemental Social Security Income Flexibility Act of 1995 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to add a new part, Part C: Block Grants to States for Supplemental Security Income for the Disabled and Blind. States that the purpose of this part is to consolidate Federal SSI assistance to the States into a single grant, thereby giving States maximum flexibility to make State-specific requirements for individuals receiving benefits. Identifies certain requirements, including those relating to school attendance, immunizations, drug abuse, illegal aliens, and charitable, religious, and nonprofit organizations. Caps SSI spending levels. Directs the Secretary of the Treasury to supervise the amounts received under Part C. | Supplemental Social Security Income Flexibility Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Warning and Health Care for
Workers Affected by Globalization Act''.
SEC. 2. AMENDMENTS TO THE WARN ACT.
(a) Definitions.--
(1) Employer, plant closing, and mass layoff.--Paragraphs
(1) through (3) of section 2(a) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2101(a)(1)-(3)) are
amended to read as follows:
``(1) the term `employer' means any business enterprise
that employs 100 or more employees;
``(2) the term `plant closing' means the permanent or
temporary shutdown of a single site of employment, or of one or
more facilities or operating units within a single site of
employment, which results in an employment loss at such site,
during any 30-day period, for 25 or more employees;
``(3) the term `mass layoff' means a reduction in force at
a single site of employment which results in an employment loss
at such site, during any 30-day period, for 25 or more
employees.''.
(2) Secretary of labor.--
(A) Definition.--Paragraph (8) of such section is
amended to read as follows:
``(8) the term `Secretary' means the Secretary of Labor or
a representative of the Secretary of Labor.''.
(B) Regulations.--Section 8(a) of such Act (29
U.S.C. 2107(a)) is amended by striking ``of Labor''.
(3) Conforming amendments.--
(A) Notice.--Section 3(d) of such Act (29 U.S.C.
2102(d)) is amended by striking out ``, each of which
is less than the minimum number of employees specified
in section 2(a)(2) or (3) but which in the aggregate
exceed that minimum number,'' and inserting ``which in
the aggregate exceed the minimum number of employees
specified in section 2(a)(2) or (3)''.
(B) Definitions.--Section 2(b)(1) of such Act (29
U.S.C. 2101(b)(1)) is amended by striking ``(other than
a part-time employee)''.
(b) Notice.--
(1) Notice period.--
(A) In general.--Section 3 of the Worker Adjustment
and Retraining Notification Act (29 U.S.C. 2102) is
amended by striking ``60-day period'' and inserting
``90-day period'' each place it appears.
(B) Conforming amendment.--Section 5(a)(1) of such
Act (29 U.S.C. 2104(a)(1)) is amended in the matter
following subparagraph (B), by striking ``60 days'' and
inserting ``90 days''.
(2) Recipients.--Section 3(a) of such Act (29 U.S.C.
2102(a)) is amended--
(A) in paragraph (1), by striking ``or, if there is
no such representative at that time, to each affected
employee; and'' and inserting ``and to each affected
employee;''; and
(B) by redesignating paragraph (2) as paragraph (3)
and inserting after paragraph (1) the following:
``(2) to the Secretary; and''.
(3) Information regarding benefits and services available
to workers and dol notice to congress.--Section 3 of such Act
(29 U.S.C. 2102) is further amended by adding at the end the
following:
``(e) Information Regarding Benefits and Services Available to
Employees.--Concurrent with or immediately after providing the notice
required under subsection (a)(1), an employer shall provide affected
employees with information regarding the benefits and services
available to such employees, as described in the guide compiled by the
Secretary under section 12.
``(f) DOL Notice to Congress.--As soon as practicable and not later
than 15 days after receiving notification under subsection (a)(2), the
Secretary of Labor shall notify the appropriate Senators and Members of
the House of Representatives who represent the area or areas where the
plant closing or mass layoff is to occur.''.
(c) Enforcement.--
(1) Amount.--Section 5(a)(1) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2104(a)(1)) is amended--
(A) in subparagraph (A)--
(i) by striking ``back pay for each day of
violation'' and inserting ``two days' pay
multiplied by the number of calendar days short
of 90 that the employer provided notice before
such closing or layoff''; and
(ii) in clause (ii), by striking ``and'' at
the end thereof;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) interest on the amount described in subparagraph (A)
calculated at the prevailing rate; and''; and
(D) by striking the matter following subparagraph
(C) (as so redesignated).
(2) Exemption.--Section 5(a)(4) of such Act (29 U.S.C.
2104(a)(4)) is amended by striking ``reduce the amount of the
liability or penalty provided for in this section'' and
inserting ``reduce the amount of the liability under
subparagraph (C) of paragraph (1) and reduce the amount of the
penalty provided for in paragraph (3)''.
(3) Administrative complaint.--Section 5(a)(5) of such Act
(29 U.S.C. 2104(a)(5)) is amended--
(A) by striking ``may sue'' and inserting ``may,'';
(B) by inserting after ``both,'' the following:
``(A) file a complaint with the Secretary alleging a
violation of section 3, or (B) bring suit''; and
(C) by adding at the end thereof the following new
sentence: ``A person seeking to enforce such liability
may use one or both of the enforcement mechanisms
described in subparagraphs (A) and (B).''.
(4) Action by the secretary.--Section 5 of such Act (29
U.S.C. 2104) is amended--
(A) by redesignating subsection (b) as subsection
(d); and
(B) by inserting after subsection (a) the following
new subsections:
``(b) Action by the Secretary.--
``(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 3 by an employer in the same manner that the Secretary
receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 and 207).
``(2) Subpoena powers.--For the purposes of any
investigation provided for in this section, the Secretary shall
have the subpoena authority provided for under section 9 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 209).
``(3) Civil action.--The Secretary may bring an action in
any court of competent jurisdiction to recover on behalf of an
employee the backpay, interest, benefits, and liquidated
damages described in subsection (a).
``(4) Sums recovered.--Any sums recovered by the Secretary
on behalf of an employee under subparagraphs (A), (B), and (D)
of section 5(a)(1) shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly to each
employee affected. Any such sums not paid to an employee
because of inability to do so within a period of 3 years, and
any sums recovered by the Secretary under subparagraph (C) of
section 5(a)(1), shall be credited as an offsetting collection
to the appropriations account of the Secretary of Labor for
expenses for the administration of this Act and shall remain
available to the Secretary until expended.
``(5) Action to compel relief by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, over an action brought by the Secretary to restrain the
withholding of payment of back pay, interest, benefits, or
other compensation, plus interest, found by the court to be due
to employees under this Act.
``(c) Limitations.--
``(1) Limitations period.--An action may be brought under
this section not later than 2 years after the date of the last
event constituting the alleged violation for which the action
is brought.
``(2) Commencement.--In determining when an action is
commenced under this section for the purposes of paragraph (1),
it shall be considered to be commenced on the date on which the
complaint is filed.
``(3) Limitation on private action while action of
secretary is pending.--If the Secretary has instituted an
enforcement action or proceeding under subsection (b), an
individual employee may not bring an action under subsection
(a) during the pendency of the proceeding against any person
with respect to whom the Secretary has instituted the
proceeding.''.
(d) Posting of Notices; Penalties.--Section 11 of the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101 note) is
amended to read as follows:
``SEC. 11. POSTING OF NOTICES; PENALTIES.
``(a) Posting of Notices.--Each employer shall post and keep posted
in conspicuous places upon its premises where notices to employees are
customarily posted a notice to be prepared or approved by the Secretary
setting forth excerpts from, or summaries of, the pertinent provisions
of this chapter and information pertinent to the filing of a complaint.
``(b) Penalties.--A willful violation of this section shall be
punishable by a fine of not more than $500 for each separate
offense.''.
(e) Non-Waiver of Rights and Remedies; Information Regarding
Benefits and Services Available to Employees.--Such Act is further
amended by adding at the end the following:
``SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIVER.
``(a) In General.--The rights and remedies provided under this Act
(including the right to maintain a civil action) may not be waived,
deferred, or lost pursuant to any agreement or settlement other than an
agreement or settlement described in subsection (b).
``(b) Agreement or Settlement.--An agreement or settlement referred
to in subsection (a) is an agreement or settlement negotiated by the
Secretary, an attorney general of any State, or a private attorney on
behalf of affected employees.
``SEC. 13. INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO
WORKERS.
``The Secretary of Labor shall maintain a guide of benefits and
services which may be available to affected employees, including
unemployment compensation, trade adjustment assistance, COBRA benefits,
and early access to training and other services, including counseling
services, available under the Workforce Investment Act of 1998. Such
guide shall be available on the Internet website of the Department of
Labor and shall include a description of the benefits and services, the
eligibility requirements, and the means of obtaining such benefits and
services. Upon receiving notice from an employer under section 3(a)(2),
the Secretary shall immediately transmit such guide to such
employer.''.
(e) Notice Excused Where Caused by Terrorist Attack.--Section
3(b)(2) of the Worker Adjustment and Retraining Notification Act (29
U.S.C. 2102(b)(2)) is amended by adding at the end the following new
subparagraph:
``(C) No notice under this Act shall be required if the plant
closing or mass layoff is due directly or indirectly to a terrorist
attack on the United States.''.
SEC. 3. EXTENSION OF COBRA BENEFITS FOR CERTAIN INDIVIDUALS CERTIFIED
AS TAA ELIGIBLE.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Special rule for qualified taa eligible employees.--
(A) In general.--Section 602(2)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1162(2)(A)) is amended--
(i) by moving clause (v) to after clause
(iv) and before the flush left sentence
beginning with ``In the case of a qualified
beneficiary''; and
(ii) by inserting after clause (v) the
following new clause:
``(vi) Special rule for qualified taa
eligible employees.--In the case of a
qualifying event described in section 603(2),
clauses (i) and (ii) shall not apply to a
qualified TAA eligible employee (as defined in
section 607(6)).''.
(B) Qualified taa eligible employee defined.--
Section 607 of such Act (29 U.S.C. 1167) is amended by
adding at the end the following new paragraph:
``(6) Qualified taa eligible employee.--The term `qualified
TAA eligible employee' means a covered employee, with respect
to a qualifying event, if--
``(A) the qualifying event is attributable to the
conditions specified in section 222 of the Trade Act of
1974 (19 U.S.C. 2272) based on which the Secretary of
Labor has certified a group of workers as eligible to
apply for adjustment assistance under subchapter A of
chapter 2 of title II of such Act;
``(B) such certification applies to the covered
employee; and
``(C) as of the date of such qualifying event the
covered employee has attained age 55 or has completed
10 or more years of service with the employer.''.
(2) Conforming amendments.--Section 602(2)(A) of such Act
(29 U.S.C. 1162(2)(A)) is further amended--
(A) in clause (i), by striking ``In the case of''
and inserting ``Subject to clause (vi), in the case
of''; and
(B) in clause (ii), by striking ``If a qualifying
event'' and inserting ``Subject to clause (vi), if a
qualifying event''.
(b) Effective Date.--
(1) General rule.--The amendments made by this section
shall apply for plan years beginning on or after January 1,
2008.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
earlier of--
(A) the later of--
(i) the date on which the last of the
collective bargaining agreements relating to
the plan terminates (determined without regard
to any extension thereof agreed to after the
date of the enactment of this Act), or
(ii) July 1, 2008, or
(B) the date which is 3 years after the date of the
enactment of this Act.
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided in this Act, the provisions of this
Act, and the amendments made by this Act, shall take effect on the date
of the enactment of this Act. | Early Warning and Health Care for Workers Affected by Globalization Act - Amends the Worker Adjustment and Retraining Notification Act (the Act) to redefine the terms "employer," "plant closing," "mass layoff", and "employees" for purposes of the Act.
Requires an employer to: (1) give 90-day written notice (under current law, 60-day) to employees (including part-time employees) and appropriate state and local governments before ordering a plant closing or mass layoff; (2) notify the Secretary of Labor (Secretary) of such closing or layoff; and (3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, and certain other services.
Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur.
Makes an employer who violates such notice requirements liable to the employee for, among other things, two days pay (under current law, back pay for each day of violation) multiplied by the number of days short of the required 90 day notice that was not given, including interest on such pay.
Authorizes an affected employee to file a complaint against the employer individually and/or with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve complaints of violations committed by an employer. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay, interest, benefits, and liquidated damages due to the employee.
Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Sets forth a civil penalty for willful violation of such requirement. Provides that the rights and remedies provided in this Act can't be waived. Requires the Secretary to maintain a guide on the benefits and services available to affected employees.
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend COBRA continuation coverage for certain qualified Trade Adjustment Assistance (TAA) eligible employees. | To amend the Worker Adjustment and Retraining Notification Act to minimize the adverse effects of employment dislocation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Kids and Cars Act of 2005''.
(a) Incorporation of Child Dummies in Safety Tests.--
(1) Review process required.--Not later than 2 years after
the date of the enactment of this Act, the Administrator of the
National Highway Traffic Safety Administration shall conduct a
review process to increase utilization of child dummies,
including Hybrid-III child dummies, in motor vehicle safety
tests, including crash tests, conducted by the Administration.
(2) Criteria.--In conducting the review process under
subsection (a), the Administrator shall select motor vehicle
safety tests in which the inclusion of child dummies will lead
to--
(A) increased understanding of crash dynamics with
respect to children; and
(B) measurably improved child safety.
(3) Public input.--The Secretary of Transportation shall
solicit and consider input from the public regarding the review
process under paragraph (1).
(4) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall publish a report
regarding the implementation of this section. The report shall
include information regarding the current status of the Hybrid-
III 10 year old child test dummy.
(b) Child Safety Information Programs.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation
shall supplement ongoing consumer information programs relating
to child safety with information regarding hazards to children
in nontraffic, noncrash accident situations.
(2) Activities to supplement information.--In supplementing
such programs, the Secretary shall--
(A) utilize information collected in the database
maintained under subsection (e) regarding nontraffic,
noncrash injuries, as well as other relevant data from
private organizations, to establish priorities for the
program;
(B) address ways in which parents can mitigate
dangers to small children arising from preventable
causes, including backover incidents, hyperthermia in
closed vehicles, and accidental activation of power
windows;
(C) partner with national child safety research
organizations and other interested organizations with
respect to the delivery of program information; and
(D) make information related to child safety
available to the public via the Internet and other
means.
(c) Report on Vehicle Visibility.--Not later than 2 years after the
date of the enactment of this Act, the Secretary of Transportation
shall submit a report to Congress on the extent to which driver
visibility of the area immediately surrounding light passenger vehicles
and obstructions to such visibility affect pedestrian safety, including
the safety of infants and small children, in nontraffic, noncrash
situations.
(d) Report on Enhanced Vehicle Safety Technologies.--Not later than
18 months after the date of the enactment of this Act, the Secretary of
Transportation shall submit to Congress a report that describes,
evaluates, and determines the relative effectiveness of--
(1) currently available and emerging technologies,
including auto-reverse functions, that are designed to prevent
and reduce the number of injuries and deaths to children left
unattended inside parked motor vehicles, including injuries and
deaths that result from hyperthermia or are related to power
windows or power sunroofs; and
(2) currently available and emerging technologies that are
designed to prevent deaths and injuries to small children
resulting from vehicle blind spots and backover incidents.
(e) Database on Injuries and Deaths in Nontraffic, Noncrash
Events.--
(1) In general.--The Secretary of Transportation shall
maintain a database of, and regularly collect data regarding,
injuries and deaths in nontraffic, noncrash events involving
motor vehicles. The database shall include information
regarding--
(A) the number, types, and proximate causes of
injuries and deaths resulting from such events;
(B) the characteristics of motor vehicles involved
in such events;
(C) the characteristics of the motor vehicle
operators and victims involved in such events; and
(D) the presence or absence in motor vehicles
involved in such events of advanced technologies
designed to prevent such injuries and deaths.
(2) Regulations.--The Secretary shall prescribe regulations
regarding how to structure and compile the database. The
Secretary shall solicit and consider input from the public
regarding data collection procedures and the structure of the
database maintained under paragraph (1).
(3) Deadlines.--The Secretary shall--
(A) complete the prescription of regulations and
the consideration of public input under paragraph (2)
not later than September 1, 2006; and
(B) commence the collection of data under paragraph
(1) not later than January 1, 2007.
(4) Availability.--The Secretary shall make the database
maintained under paragraph (1) available to the public. | Safe Kids and Cars Act of 2005 - Directs the Administrator of the National Highway Traffic Safety Administration to conduct a review process to increase utilization of child dummies in motor vehicle safety tests.
Directs the Secretary of Transportation to: (1) supplement ongoing consumer information programs relating to child safety with information regarding hazards to children in nontraffic, noncrash accident situations; (2) submit a report to Congress on the extent to which driver visibility of the area surrounding light passenger vehicles and obstructions to such visibility affect pedestrian safety in nontraffic, noncrash situations; (3) report to Congress on enhanced vehicle safety technologies, including auto-reverse functions; and (4) maintain and make public a database of injuries and deaths in nontraffic, noncrash events involving motor vehicles. | A bill to improve child safety in motor vehicles. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Breakthrough Therapies for
Patients Act of 2012''.
SEC. 2. BREAKTHROUGH THERAPIES AND FAST TRACK PRODUCTS.
(a) In General.--Section 506 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356) is amended--
(1) in the heading, by inserting ``breakthrough therapies
and'' before ``fast'';
(2) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(3) by inserting before subsection (b), as so redesignated,
the following:
``(a) Designation of a Drug as a Breakthrough Therapy.--
``(1) In general.--The Secretary shall, at the request of
the sponsor of a drug, expedite the development and review of
such drug if the drug is intended, alone or in combination with
1 or more other drugs, to treat a serious or life-threatening
disease or condition and preliminary clinical evidence
indicates that the drug may demonstrate substantial improvement
over existing therapies on 1 or more clinically significant
endpoints (such as substantial treatment effects observed early
in clinical development). (In this section, such a drug is
referred to as a `breakthrough therapy'.)
``(2) Request for designation.--The sponsor of a drug may
request the Secretary to designate the drug as a breakthrough
therapy. A request for the designation may be made concurrently
with, or at any time after, the submission of an application
for the investigation of the drug under section 505(i) or
section 351(a)(3) of the Public Health Service Act.
``(3) Designation.--
``(A) In general.--Not later than 60 calendar days
after the receipt of a request under paragraph (2), the
Secretary shall determine whether the drug that is the
subject of the request meets the criteria described in
paragraph (1). If the Secretary finds that the drug
meets the criteria, the Secretary shall designate the
drug as a breakthrough therapy and shall take such
actions as are appropriate to expedite the development
and review of the application for approval of such
drug.
``(B) Actions.--The actions to expedite the
development and review of an application under
subparagraph (A) shall include--
``(i) holding meetings with the sponsor and
the review team throughout the development of
the drug;
``(ii) providing timely advice to the
sponsor regarding the development of the drug
to ensure that the development program to
gather the non-clinical and clinical data
necessary for approval is as efficient as
practicable;
``(iii) involving senior managers and
experienced review staff, as appropriate, in a
collaborative, cross-disciplinary review;
``(iv) providing timely interactive
communication with sponsors;
``(v) assigning a cross-disciplinary
project lead for the Food and Drug
Administration review team to facilitate an
efficient review of the development program and
to serve as a scientific liaison between the
review team and the sponsor; and
``(vi) taking steps to ensure that the
design of the clinical trials is as efficient
as practicable, when scientifically
appropriate, such as by minimizing the number
of patients enrolled in the trial and the
duration of the trial and considering
alternatives to the traditional multi-phase,
sequential development approach, designed to
abbreviate, consolidate, and condense clinical
trials and studies.'';
(4) in subsection (e)(1), as so redesignated, by inserting
``breakthrough therapies and'' after ``applicable to''; and
(5) by adding at the end the following:
``(f) Guidance; Amended Regulations.--
``(1) In general.--
``(A) Guidance.--Not later than 18 months after the
date of enactment of the Advancing Breakthrough
Therapies for Patients Act of 2012, the Secretary shall
issue draft guidance on implementing the requirements
with respect to breakthrough therapies, accelerated
approval, and fast track products as set forth in
subsections (a) through (c), as amended by the
Advancing Breakthrough Therapies for Patients Act of
2012. After an opportunity for public comment and not
later than 2 years after the date of enactment of the
Advancing Breakthrough Therapies for Patients Act of
2012, the Secretary shall issue final guidance.
``(B) Amended regulations.--Not later than 2 years
after the date of enactment of the Advancing
Breakthrough Therapies for Patients Act of 2012, the
Secretary shall amend the applicable regulations under
title 21, Code of Federal Regulations, as may be
necessary to implement the requirements under
subsections (a) through (c), as amended by the
Advancing Breakthrough Therapies for Patients Act of
2012.
``(2) Requirements.--Guidance and regulations promulgated
under this section shall--
``(A) distinguish between products that may qualify
for--
``(i) treatment as a breakthrough therapy;
``(ii) treatment as a fast track product;
``(iii) accelerated approval; and
``(iv) a combination of all of the
designations described in clauses (i) through
(iii); and
``(B) specify the actions the Secretary shall take
to expedite the development and review of a
breakthrough therapy pursuant to such designation under
506(a)(3), including updating good review management
practices to reflect breakthrough therapies.
``(g) Independent Review.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall, in conjunction with other
planned reviews, contract with an independent entity with expertise in
assessing the quality, efficiency, and predictability of
biopharmaceutical development and regulatory review programs to
evaluate the manner by which the Food and Drug Administration has
applied the processes described in the section, as amended by the
Advancing Breakthrough Therapies for Patients Act of 2012, and the
impact of such processes on the development and timely availability of
innovative treatments for patients affected by serious or life-
threatening conditions. Such evaluation shall be completed not later
than 4 years after the date of enactment of the Advancing Breakthrough
Therapies for Patients Act of 2012 and shall be made publicly available
upon completion.
``(h) Report.--Beginning in fiscal year 2013, the Secretary shall
annually prepare and 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, and make publicly available,
with respect to this section for the previous fiscal year--
``(1) the number of drugs for which a sponsor requested
designation as a breakthrough therapy;
``(2) the number of products designated as a breakthrough
therapy; and
``(3) for each breakthrough therapy approved in the fiscal
year--
``(A) the point in the drug development and review
process at which such breakthrough designation
occurred;
``(B) the total time from designation as a
breakthrough therapy, including the total time to
review and act on an application designated as a
breakthrough therapy, to approval of the drug; and
``(C) the number of breakthrough therapies approved
on the first review out of the total number of such
therapies so approved.''.
(b) Conforming Amendments.--Section 506B(e) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356b) is amended by striking
``section 506(b)(2)(A)'' each place such term appears and inserting
``section 506(c)(2)(A)''. | Advancing Breakthrough Therapies for Patients Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), at the request of the sponsor of a drug, to expedite the drug's development and review if: (1) it is intended, either alone or in combination, to treat a serious life-threatening disease or condition; and (2) preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over existing therapies on one or more clinically significant endpoints.
Authorizes the drug's sponsor to request the Secretary to designate the drug as a breakthrough therapy. Requires the Secretary, within 60 days of such request, to determine whether the drug meets such criteria and, if so, make such designation, followed by appropriate actions to expedite its development and review for approval.
Directs the Secretary to issue guidance on implementing requirements with respect to breakthrough therapies and to amend promulgated regulations.
Requires the Secretary to contract with an independent entity to evaluate the manner by which the Food and Drug Administration (FDA) has applied the processes for the breakthrough therapy determination, and the impact of such processes on the development and timely availability of innovative treatments for patients affected by serious or life-threatening conditions. Requires an annual report from the Secretary to Congress on drugs for which breakthrough designations were requested and approved. | A bill to provide for the expedited development and evaluation of drugs designated as breakthrough drugs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deductibility and Incentives to
Promote Learning Opportunities and Maximize Assistance (DIPLOMA) Act of
2006''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Elimination of Dollar Limitation for Qualified Tuition and
Related Expenses Deduction.--Subsection (b) of section 222 of the
Internal Revenue Code of 1986 (relating to qualified tuition and
related expenses) is amended to read as follows:
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--In the case of a taxpayer whose adjusted
gross income for a taxable year exceeds $80,000 ($160,000 in
the case of a joint return), the amount of the deduction
allowed under subsection (a) for the taxable year shall be
zero.
``(2) Adjusted gross income.--For purposes of this
subsection, adjusted gross income shall be determined--
``(A) without regard to this section and sections
199, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, 221, and 469.''.
(b) Termination.--Subsection (e) of such section of such Code is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2010''.
SEC. 3. INTEREST AND PRINCIPAL ON EDUCATION LOANS.
(a) Expansion of Deduction for Interest on Education Loans to
Include Principal Payments.--Section 221 of the Internal Revenue Code
of 1986 (relating to interest on education loans) is amended--
(1) in subsection (a), by striking ``interest paid'' and
inserting ``interest and principal paid'',
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively,
(3) by inserting after subsection (c) the following new
subsection:
``(d) Limit on Period Deduction Allowed.--With respect to principal
paid on any qualified education loan after the first 60 months (whether
or not consecutive) in which principal payments are required, a
deduction shall not be allowed under this section. For purposes of this
paragraph, any loan and all refinancings of such loan shall be treated
as 1 loan. Such 60 months shall be determined in the manner prescribed
by the Secretary in the case of multiple loans which are refinanced by,
or serviced as, a single loan and in the case of loans incurred before
the date of the enactment of this section.'', and
(4) in the heading, by striking ``interest'' and inserting
``interest and principal''.
(b) Clerical Amendments.--The item relating to section 221 in the
table of sections for part VII of subchapter B of chapter 1 of such
Code is amended to read as follows:
``Sec. 221. Interest and principal on education loans.''.
SEC. 4. EARNED TUITION CREDIT.
(a) In General.--Subsection (b) of section 25A of the Internal
Revenue Code of 1986 (relating to Hope and Lifetime Learning credits)
is amended to read as follows:
``(b) Earned Tuition Credit.--
``(1) Per student credit.--In the case of any eligible
student for whom an election is in effect under this section
for any taxable year, the earned tuition credit is an amount
equal to the sum of--
``(A) 100 percent of so much of the qualified
tuition and related expenses paid by the taxpayer
during the taxable year (for education furnished to the
eligible student during any academic period beginning
in such taxable year) as does not exceed $1,500, plus
``(B) 50 percent of such expenses so paid as
exceeds $1,500 but does not exceed $4,000.
``(2) Limitations applicable to earned tuition credit.--
``(A) Credit allowed only for 4 taxable years.--An
election to have this section apply with respect to any
eligible student for purposes of the earned tuition
credit under subsection (a)(1) may not be made for any
taxable year if such an election (by the taxpayer or
any other individual) is in effect with respect to such
student for any 4 prior taxable years.
``(B) Credit allowed for year only if individual is
at least 1/2 time student for portion of year.--The
earned tuition credit under subsection (a)(1) shall not
be allowed for a taxable year with respect to the
qualified tuition and related expenses of an individual
unless such individual is an eligible student for at
least one academic period which begins during such
year.
``(C) Credit allowed only for first 4 years of
postsecondary education.--The earned tuition credit
under subsection (a)(1) shall not be allowed for a
taxable year with respect to the qualified tuition and
related expenses of an eligible student if the student
has completed (before the beginning of such taxable
year) the first 4 years of postsecondary education at
an eligible educational institution.
``(D) Denial of credit if student convicted of a
felony drug offense.--The earned tuition credit under
subsection (a)(1) shall not be allowed for qualified
tuition and related expenses for the enrollment or
attendance of a student for any academic period if such
student has been convicted of a Federal or State felony
offense consisting of the possession or distribution of
a controlled substance before the end of the taxable
year with or within which such period ends.
``(3) Eligible student.--For purposes of this subsection,
the term `eligible student' means, with respect to any academic
period, a student who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of this section, and
``(B) is carrying at least \1/2\ the normal full-
time work load for the course of study the student is
pursuing.''.
(b) Earned Tuition Credit Not Reduced by Federal Pell Grants and
Supplemental Educational Opportunity Grants.--Subsection (g) of section
25A of such Code (relating to special rules) is amended by adding at
the end the following new paragraph:
``(8) Pell and seog grants.--For purposes of the earned
tuition credit, paragraph (2) shall not apply to amounts paid
for an individual as a Federal Pell Grant or a Federal
supplemental educational opportunity grant under subparts 1 and
3, respectively, of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a and 1070b et seq.,
respectively).''.
(c) Definition of Qualified Tuition and Related Expenses.--
Paragraph (1) of section 25A(f) of such Code (relating to definitions)
is amended to read as follows:
``(1) Qualified tuition and related expenses.--
``(A) In general.--The term `qualified tuition and
related expenses' means the qualified higher education
expenses of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151.
``(B) Qualified higher education expenses.--The
term `qualified higher education expenses' has the
meaning given to such term by section 529(e)(3).''.
(d) Conforming Amendments.--Section 25A of such Code is amended--
(1) in the heading, by striking ``hope'' and inserting
``earned tuition'',
(2) in subsection (a)(1), by striking ``Hope Scholarship
Credit'' and inserting ``earned tuition credit'',
(3) in subsection (c)(2)(A)--
(A) in the heading, by striking ``Hope
scholarship'' and inserting ``earned tuition credit'',
(B) in the text, by striking ``Hope Scholarship
Credit'' and inserting ``earned tuition credit'', and
(4) in subsection (h)(1)(A)--
(A) by striking ``2001'' and inserting ``2006'',
(B) by striking ``the $1,000 amounts'' and
inserting ``the dollar amounts'', and
(C) in clause (ii), by striking ``substituting
`calendar year 2000''' and inserting ``substituting
`calendar year 2005'''.
SEC. 5. EARNED TUITION AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE.
(a) Credit to Be Refundable.--Section 25A of the Internal Revenue
Code of 1986, as amended by this Act, is hereby moved to subpart C of
part IV of subchapter A of chapter 1 of such Code (relating to
refundable credits) and inserted after section 35.
(b) Technical Amendments.--
(1) Section 36 of such Code is redesignated as section 37.
(2) Section 25A of such Code (as moved by subsection (a))
is redesignated as section 36.
(3) Paragraph (1) of section 36(a) of such Code (as
redesignated by paragraph (2)) is amended by striking ``this
chapter'' and inserting ``this subtitle''.
(4) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 36(g)(2)''.
(5) Subparagraph (A) of section 135(d)(2) of such Code is
amended by striking ``section 25A'' and inserting ``section
36''.
(6) Section 221(d) of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 36(g)(2)'',
(B) by striking ``section 25A(f)(2)'' in the matter
following paragraph (2)(B) and inserting ``section
36(f)(2)'', and
(C) by striking ``section 25A(b)(3)'' in paragraph
(3) and inserting ``section 36(b)(3)''.
(7) Section 222 of such Code is amended--
(A) by striking ``section 25A'' in subparagraph (A)
of subsection (c)(2) and inserting ``section 36'',
(B) by striking ``section 25A(f)'' in subsection
(d)(1) and inserting ``section 36(f)'', and
(C) by striking ``section 25A(g)(2)'' in subsection
(d)(1) and inserting ``section 36(g)(2)''.
(8) Section 529 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (c)(3)(B)(v) and inserting ``section
36(g)(2)'',
(B) by striking ``section 25A'' in subclause (II)
of subsection (c)(3)(B)(v) and inserting ``section
36'', and
(C) by striking ``section 25A(b)(3)'' in clause (i)
of subsection (e)(3)(B) and inserting ``section
36(b)(3)''.
(9) Section 530 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (d)(2)(C)(i) and inserting ``section
36(g)(2)'',
(B) by striking ``section 25A'' in subclause (II)
of subsection (d)(2)(C)(i) and inserting ``section
36'', and
(C) by striking ``section 25A(g)(2)'' in clause
(iii) of subsection (d)(4)(B) and inserting ``section
36(g)(2)''.
(10) Subsection (e) of section 6050S of such Code is
amended by striking ``section 25A'' and inserting ``section
36''.
(11) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1)'' and inserting
``section 36(g)(1)''.
(12) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 36 of such Code''.
(13) Section 1400O of such Code is amended--
(A) by striking paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2),
respectively,
(B) by striking ``section 25A(f)(2)'' and inserting
``section 36(f)(2)'',
(C) by striking ``section 25A(b)(1)'' in paragraph
(1) (as redesignated by subparagraph (A)) and inserting
``section 36(b)(1)'', and
(D) by striking ``section 25A(c)(1)'' in paragraph
(2) (as redesignated by subparagraph (A)) and inserting
``section 36(c)(1)''.
(14) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following:
``Sec. 36. Earned tuition and Lifetime Learning credits.''.
(15) The table of sections for subpart A of such part IV is
amended by striking the item relating to section 25A.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 2006. | Deductibility and Incentives to Promote Learning Opportunities and Maximize Assistance (DIPLOMA) Act of 2006 - Amends the Internal Revenue Code to: (1) allow an unlimited tax deduction for qualified tuition and related expenses for taxpayers whose adjusted gross incomes do not exceed $80,000 ($160,000 for joint returns); (2) extend such deduction through 2010; (3) allow a tax deduction for principal amounts paid on education loans for the first 60 months of such loans; (4) replace the Hope Scholarship tax credit with an earned tuition tax credit for the first $1,500 of qualified tuition and related expenses (50% of expenses over $1,500 up to $4,000) for four years of postsecondary education; and (5) make the tax credit for earned tuition and lifetime learning expenses refundable. | To amend the Internal Revenue Code of 1986 to expand deductions allowed for education-related expenses and to allow an earned tuition credit against income tax for qualified tuition and related expenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microenterprise Development Act of
1994''.
SEC. 2. AUTHORIZATION OF MICROENTERPRISE DEVELOPMENT ASSISTANCE.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following new
section:
``Sec. 129. Microenterprise Development Assistance.--(a) The
Congress finds the following:
``(1) A strong microenterprise sector is a fundamental
condition of economic pluralism.
``(2) Microenterprise development programs offer an
important mechanism to alleviate poverty, develop private
enterprise, and create employment.
``(3) The very poor, particularly poor women, in the
developing world often do not advance economically because they
cannot obtain investment capital to secure their asset base or
expand their otherwise viable microenterprise activities.
``(4) The development of sustainable microenterprise
institutions which provide credit, training, and mobilize
domestic savings are therefore critical components to a broad-
based economic growth strategy.
``(5) Microenterprise credit also offers a tool to leverage
foreign assistance resources because unlike grants credit can
be continually recycled generating new benefits to program
participants.
``(6) Interest income on a credit portfolio can be used to
finance recurring costs assuring the long-term continuity of
development assistance.
``(7) Because microenterpise development credit programs
foster self-reliance, such programs reduce the dependency of
program participants and indigenous institutions on foreign
assistance.
``(b) The purposes of this section are--
``(1) to provide for the continuation and expansion of the
commitment of the United States Agency for International
Development to microenterprise development programs;
``(2) to make microenterprise development a part of the
mainstream of the overall economic growth strategy of the
United States Agency for International Development; and
``(3) to improve the access of microenterprise credit to
the very poor, particularly poor women, in developing
countries.
``(c)(1) In carrying out this part, the Administrator of the United
States Agency for International Development is authorized to provide
assistance for programs of credit and other assistance for
microenterprises in developing countries.
``(2) Assistance authorized under paragraph (1) shall be provided
through--
``(A) United States and indigenous private and voluntary
organizations;
``(B) United States and indigenous credit unions and
cooperative organizations; and
``(C) other indigenous governmental and nongovernmental
organizations;
that have a capacity to develop and implement microenterprise programs.
``(3) A significant portion of assistance authorized under
paragraph (1) shall be used for poverty lending programs which--
``(A) meet the needs of the very poor members of society,
particularly poor women; and
``(B) provide loans of $300 or less in 1994 United States
dollars to such poor members of society.
``(4) The Administrator of the United States Agency for
International Development shall strengthen appropriate mechanisms,
including mechanisms for central microenterprise programs, for the
purpose of--
``(A) providing technical support for field missions of the
United States Agency for International Development;
``(B) strengthening the institutional development of the
intermediary organizations described in paragraph (2); and
``(C) sharing information relating to the provision of
assistance authorized under paragraph (1) between such field
missions and intermediary organizations.
``(d) In order to maximize the sustainable development impact of
the assistance authorized under subsection (c)(1), the Administrator of
the United States Agency for International Development shall establish
a monitoring system that--
``(1) establishes performance goals for such assistance and
expresses such goals in an objective and quantifiable form, to
the extent feasible;
``(2) establishes performance indicators to be used in
measuring or assessing the achievement of the goals and
objectives of such assistance; and
``(3) provides a basis for recommendations for adjustments
to such assistance to enhance the sustainable development
impact of such assistance, particularly the impact of such
assistance on the very poor, particularly poor women.''. | Microenterprise Development Act of 1994 - Amends the Foreign Assistance Act of 1961 to authorize the Administrator of the Agency for International Development (AID) to provide for programs of credit and other assistance for microenterprises in developing countries.
Requires a significant portion of such assistance to be used for poverty lending programs.
Directs the Administrator to strengthen appropriate mechanisms for purposes of: (1) providing technical support for AID field missions; (2) strengthening the institutional development of intermediary organizations; and (3) sharing information relating to the provision of assistance between field missions and such organizations.
Requires the Administrator to establish a monitoring system that: (1) establishes performance goals for such assistance and expresses such goals in an objective and quantifiable form; (2) establishes performance indicators to be used in assessing such assistance; and (3) provides a basis for recommendations for adjustments to such assistance to enhance the sustainable development impact of such assistance. | Microenterprise Development Act of 1994 |
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that for a significant minority
of Americans, sincere conscientious objection to participation in war
in any form means that such Americans cannot in conscience pay the
portion of their taxes that would support military expenditures.
(b) Policy.--It is the policy of the Congress--
(1) to improve revenue collections and to allow
conscientious objectors to pay their full tax liability without
violating their moral, ethical, or religious beliefs;
(2) to reduce the present administrative and judicial
burden created by conscientious objectors who violate tax laws
rather than violate their consciences;
(3) to recognize conscientious objector status with regard
to the payment of taxes for military purposes; and
(4) to provide a mechanism for congressional appropriations
of such funds for nonmilitary purposes.
SEC. 3. UNITED STATES PEACE TAX FUND.
(a) Creation of Trust Fund.--There is hereby established within the
Treasury of the United States a special trust fund to be known as the
``United States Peace Tax Fund'' (hereinafter referred to as the
``Fund''). The Fund shall consist of such amounts as may be transferred
to the Fund as provided in this section.
(b) Transfer to Fund of Amounts Equivalent to Certain Taxes.--
(1) In general.--There are hereby transferred to the Fund
amounts equivalent to the sum of the amounts designated during
the fiscal year by individuals under sections 2210, 2506, and
6099 of the Internal Revenue Code of 1986 for payment into the
Fund. Such amounts shall be deposited into the Fund and shall
be available only for the purposes provided in this Act.
(2) Method of transfer.--The amounts transferred by
paragraph (1) shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the basis of
estimates by the Secretary of the Treasury of the amounts,
referred to in paragraph (1), received in the Treasury. Proper
adjustments shall be made in the amounts subsequently
transferred to the extent that prior estimates were in excess
of or less than the amounts required to be transferred.
(3) Report.--It shall be the duty of the Secretary of the
Treasury to report to the Committee on Appropriations of the
House of Representatives and the Senate each year on the total
amount transferred into the Fund during the preceding fiscal
year. Such report shall be printed in the Congressional Record
upon receipt by the committees.
SEC. 4. INCOME TAX PAYMENTS TO UNITED STATES PEACE TAX FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and records) is amended by adding
at the end thereof the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS FOR TRANSFER TO UNITED
STATES PEACE TAX FUND
``Sec. 6099. Designation by individuals.
``SEC. 6099. DESIGNATION BY INDIVIDUALS.
``(a) In General.--Every eligible individual (other than a
nonresident alien) whose income tax liability for any taxable year is
$1 or more may designate that such individual's income tax payment for
such year shall be paid into the United States Peace Tax Fund
established by section 3 of the United States peace Tax Fund Act.
``(b) Definitions.--As used in this section:
``(1) Eligible individual.--
``(A) In general.--The term `eligible individual'
means an individual who by reason of religious training
and belief is conscientiously opposed to participation
in war in any form, and who--
``(i) has been exempted or discharged from
combatant service and training in the Armed
Forces of the United States as a conscientious
objector under section 6(j) of the Military
Selective Service Act (50 U.S.C. App. 456(j)),
or corresponding law, or
``(ii) certified in a statement in a
questionnaire return made under section 6039F
that such individual is conscientiously opposed
to participation in war in any form within the
meaning of section 6(j) of such Act.
``(B) Verification.--
``(i) Questionnaire return receipt.--Any
taxpayer who makes a designation under
subsection (a) shall attach the questionnaire
return receipt provided under section 6039F(b)
to such taxpayer's return of tax.
``(ii) Additional information may be
required.--The Secretary may require any
taxpayer who makes a designation under
subsection (a) to provide such additional
information as may be necessary to verify such
taxpayer's status as an eligible individual.
``(C) Denial of designation.--If the Secretary
determines that a taxpayer who makes the designation
provided for by subsection (a) is not an eligible
individual and is not entitled to make such
designation, then the Secretary, upon written notice to
the taxpayer stating the reasons for denial, may deny
the designation. The taxpayer may challenge the
Secretary's ruling by bringing an action in the United
States Tax Court or in the United States district court
for the district of such taxpayer's residence, for a
declaratory judgment as to whether the taxpayer is an
eligible individual and entitled to make such a
designation.
``(2) Income tax liability.--The term `income tax
liability' means the amount of the tax imposed by chapter 1 on
a taxpayer for any taxable year (as shown on such taxpayer's
tax return) reduced by the sum of--
``(A) the credits (as shown in such return)
allowable under part IV of subchapter A of chapter 1
(other than subpart C thereof), and
``(B) the amount designated under section 6096.
``(3) Income tax payment.--The term `income tax payment'
means the amount of taxes imposed by chapter 1 and paid by or
withheld from a taxpayer for any taxable year not in excess of
such taxpayer's income tax liability.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year either--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made on the page bearing the
taxpayer's signature.
``(d) Special Rule in the Case of Joint Return.--In the case of an
eligible individual filing a joint return, upon the consent of such
individual's spouse, the joint income tax payment may be designated
pursuant to subsection (a).
``(e) Explanation of United States Peace Tax Fund Purposes.--Each
publication of general instructions accompanying an income tax return
or a questionnaire return described in section 6039F shall include--
``(1) an explanation of the purpose of the United States
Peace Tax Fund,
``(2) the criteria for determining whether an individual
meets the requirements of section 6(j) of the Military
Selective Service Act (50 U.S.C. App. 456(j)), and
``(3) an explanation of the process for making the
designation provided by this section.''.
(b) Clerical Amendments.--The table of parts of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by adding at
the end thereof the following:
``Part IX. Designation of income tax
payments for transfer to United
States Peace Tax Fund.''.
(c) Designation Information.--
(1) Subpart A of part III of subchapter A of chapter 61 of
the Internal Revenue Code of 1986 (relating to information and
returns) is amended by adding at the end thereof the following
new section:
``SEC. 6039F. UNITED STATES PEACE TAX FUND DESIGNATION INFORMATION.
``(a) Questionnaire Return.--Every taxpayer who makes a designation
provided by section 6099(a) for any taxable year shall make a
questionnaire return during such year for the purpose of determining
whether the taxpayer is an eligible individual (within the meaning of
section 6099(b)(1). The questionnaire return shall request the taxpayer
to certify such taxpayer's beliefs about participation in war, the
source or genesis of such beliefs, and how the beliefs affect the
taxpayer's life.
``(b) Questionnaire Return Receipt.--Upon receipt of the
questionnaire return, the Secretary shall issue a receipt to the
taxpayer indicating timely filing of such return.''.
(2) The table of sections for such subpart is amended by
adding at the end thereof the following new item:
``Sec. 6039F. United States Peace Tax
Fund designation
information.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to--
(1) taxable years beginning after December 31, 1993, and
(2) any taxable year ending before January 1, 1994, for
which the time for filing a claim for refund or credit of an
overpayment of tax has not expired on the date of the enactment
of this Act.
(e) Rules Applicable to Returns of Tax for Taxable Years Ending
Before January 1, 1994.--
(1) Penalties for failure to pay tax.--Any civil or
criminal penalty imposed on an individual for failing or
refusing to pay all or a part of the tax imposed by chapter 1
of the Internal Revenue Code of 1986 shall be vacated and set
aside if the person upon whom the penalty was imposed--
(A) pays the tax due (with interest), and
(B) establishes to the satisfaction of the
Secretary of the Treasury that the failure or refusal
to pay was based upon such person's conscientious
objection to participation in war in any form within
the meaning of section 6099(b)(1)(A) of such Code
(defining eligible individual).
(2) Disposition of amounts collected.--There are hereby
transferred to the Fund amounts equivalent to the sum of the
amounts paid into the Treasury by persons under the provisions
of paragraph (1). Such amounts shall be deposited into the Fund
and shall be available only for the purposes provided in this
Act.
SEC. 5. ESTATE TAX PAYMENTS TO UNITED STATES PEACE TAX FUND.
(a) In General. Subchapter C of chapter 11 of the Internal Revenue
Code of 1986 is amended by adding at the end thereof the following new
section:
``SEC. 2210. DESIGNATION OF ESTATE TAX PAYMENTS FOR TRANSFER TO UNITED
STATES PEACE TAX FUND.
``An eligible individual (within the meaning of section 6099(b)(1))
may elect that the tax imposed by section 2001 on the taxable estate of
such individual shall be transferred when paid to the United States
Peace Tax Fund established under section 3 of the United States Peace
Tax Fund Act. The election may be made by the executor or administrator
of the estate under written authority of the decedent. Such election
shall be made in such manner as the Secretary shall by regulations
prescribe.''.
(b) Clerical Amendment.--The table of sections for subchapter C of
chapter 11 of the Internal Revenue Code of 1986 is amended by adding at
the end thereof the following:
``Sec. 2210. Designation of estate tax
payments for transfer to United
States Peace Tax Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the estates of decedents dying after December 31,
1993.
SEC. 6. GIFT TAX PAYMENTS TO UNITED STATES PEACE TAX FUND.
(a) In General.--Subchapter a of chapter 12 of the Internal Revenue
Code of 1986 is amended by adding at the end thereof the following new
section:
``SEC. 2506. DESIGNATION OF GIFT TAX PAYMENTS FOR TRANSFER TO UNITED
STATES PEACE TAX FUND.
``An eligible individual (within the meaning of section 6099(b)(1))
may elect that the tax imposed by section 2501 shall be transferred
when paid to the United States Peace Tax Fund established under section
3 of the United States Peace Tax Fund Act. The election shall be made
in such manner as the Secretary shall by regulations prescribe.''.
(b) Clerical Amendment.--The table of contents for subchapter A of
chapter 12 of the Internal Revenue Code of 1986 is amended by adding at
the end thereof the following:
``Sec. 2506. Designation of gift tax
payments for transfer to United
States Peace Tax Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to gifts made after December 31, 1993.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Certification By Comptroller General.--As soon after the close
of each fiscal year as may be practicable, the Comptroller General
shall determine and certify to the Congress and to the President the
percentage of actual appropriations made for a military purpose with
respect to such fiscal year. The certification shall be published in
the Congressional Record upon receipt by the Congress.
(b) Authorization of Appropriations.--There is hereby authorized to
be appropriated each year a certain portion of the Fund for obligation
and expenditure in accordance with the provisions of this Act. Such
portion is equal to an amount which is the sum of--
(1) the product of--
(A) all funds transferred to the Fund in each
fiscal year, times
(B) the percentage determined under subsection (a)
for such fiscal year, plus
(2) all funds in the Fund previously authorized to be
appropriated under this subsection but not yet appropriated
pursuant to this Act.
Funds remaining in the Fund shall accrue interest according to the
prevailing rate in long-term Government bonds.
(c) Surplus Covered into General Fund.--The remaining portion of
the Fund after the application of subsection (b) is hereby covered into
the general fund of the Treasury of the United States. No part of the
funds transferred to the general fund under this subsection shall be
appropriated for any expenditures, or otherwise obligated, for a
military purpose.
SEC. 8. ELIGIBLE APPROPRIATIONS.
(a) Payments.--Funds appropriated pursuant to the authorization
under section 7(b) shall be available, as provided in the appropriation
Acts, to make grants, loans, or other arrangements for eligible
activities described in subsection (c).
(b) Eligible Activities.--The following activities are eligible to
receive funds under subsection (a):
(1) Special Supplemental Food Program for Woman, Infants
and Children (WIC).
(2) Head Start.
(3) United States Institute of Peace.
(4) Peace Corps.
(c) Displacement of Other Funds.--It is the intent of this Act that
the Fund shall not operate to release funds for military expenditures
which, were it not for the existence of the Fund, would otherwise have
been appropriated for nonmilitary expenditures.
SEC. 9. DEFINITIONS.
For the purposes of this Act:
(1) The term ``military purpose'' means any activity or
program conducted, administered, or sponsored by an agency of
the Government which affects an augmentation of military
forces, defensive and offensive intelligence activities, or
enhances the capability of any person or nation to wage war.
(2) The term ``actual appropriations made for a military
purpose'' includes, but is not limited to, amounts appropriated
by the United States in connection with--
(A) the Department of Defense;
(B) the Central Intelligence Agency;
(C) the National Security Council;
(D) the Selective Service System;
(E) activities of the Department of Energy that
have a military purpose;
(F) activities of the National Aeronautics and
Space Administration that have a military purpose;
(G) foreign military aid; and
(H) the training, supplying, or maintaining of
military personnel, or the manufacture, construction,
maintenance, or development of military weapons,
installations, or strategies.
(3) The term ``agency'' means each authority of the
Government of the United States, whether or not it is within or
subject to review by another agency, but does not include--
(A) the Congress; or
(B) the courts of the United States.
(4) The term ``person'' includes an individual,
partnership, corporation, association, or public or private
organization other than an agency.
SEC. 10. SEPARABILITY.
If any section, subsection, or other provision of this Act, or the
application thereof to any person or circumstance is held invalid, the
remainder of this Act and the application of such section, subsection,
or other provision to other persons or circumstances shall not be
affected thereby. | Amends the Internal Revenue Code to establish the United States Peace Tax Fund to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record.
Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form.
Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1994 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs.
Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary.
Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record.
Authorizes appropriations. | A bill to amend the Internal Revenue Code of 1986 to improve revenue collection and to provide that a taxpayer conscientiously opposed to participation in war may elect to have such taxpayer's income, estate, or gift tax payments spent for nonmilitary purposes to create the United States Peace Tax Fund to receive such tax payments, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NATO Freedom Consolidation Act of
2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The sustained commitment of the North Atlantic Treaty
Organization (NATO) to mutual defense has made possible the
democratic transformation of Central and Eastern Europe.
Members of the North Atlantic Treaty Organization can and
should play a critical role in addressing the security
challenges of the post-Cold War era in creating the stable
environment needed for those emerging democracies in Europe.
(2) Lasting stability and security in Europe requires the
military, economic, and political integration of emerging
democracies into existing European structures.
(3) In an era of threats from terrorism and the
proliferation of weapons of mass destruction, the North
Atlantic Treaty Organization is increasingly contributing to
security in the face of global security challenges for the
protection and interests of its member states.
(4) In the NATO Participation Act of 1994 (title II of
Public Law 103-447; 22 U.S.C. 1928 note), Congress declared
that ``full and active participants in the Partnership for
Peace in a position to further the principles of the North
Atlantic Treaty and to contribute to the security of the North
Atlantic area should be invited to become full NATO members in
accordance with Article 10 of such Treaty at an early
date...''.
(5) In the NATO Enlargement Facilitation Act of 1996 (title
VI of section 101(c) of title I of division A of Public Law
104-208; 22 U.S.C. 1928 note), Congress called for the prompt
admission of Poland, Hungary, the Czech Republic, and Slovenia
to the North Atlantic Treaty Organization, and declared that
``in order to promote economic stability and security in
Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria,
Albania, Moldova, and Ukraine...the process of enlarging NATO
to include emerging democracies in Central and Eastern Europe
should not be limited to consideration of admitting Poland,
Hungary, the Czech Republic, and Slovenia as full members of
the NATO Alliance''.
(6) In the European Security Act of 1998 (title XXVII of
division G of Public Law 105-277; 22 U.S.C. 1928 note),
Congress declared that ``Poland, Hungary, and the Czech
Republic should not be the last emerging democracies in Central
and Eastern Europe invited to join NATO'' and that ``Romania,
Estonia, Latvia, Lithuania, and Bulgaria...would make an
outstanding contribution to furthering the goals of NATO and
enhancing stability, freedom, and peace in Europe should they
become NATO members [and] upon complete satisfaction of all
relevant criteria should be invited to become full NATO members
at the earliest possible date''.
(7) In the Gerald B. H. Solomon Freedom Consolidation Act
of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress
endorsed ``...the vision of further enlargement of the NATO
Alliance articulated by President George W. Bush on June 15,
2001, and by former President William J. Clinton on October 22,
1996''.
(8) At the Madrid Summit of the North Atlantic Treaty
Organization in July 1997, Poland, Hungary, and the Czech
Republic were invited to join the Alliance, and the North
Atlantic Treaty Organization heads of state and government
issued a declaration stating ``[t]he alliance expects to extend
further invitations in coming years to nations willing and able
to assume the responsibilities and obligations of
membership...[n]o European democratic country whose admission
would fulfill the objectives of the [North Atlantic] Treaty
will be excluded from consideration''.
(9) At the Washington Summit of the North Atlantic Treaty
Organization in April 1999, the North Atlantic Treaty
Organization heads of state and government issued a communique
declaring ``[w]e pledge that NATO will continue to welcome new
members in a position to further the principles of the [North
Atlantic] Treaty and contribute to peace and security in the
Euro-Atlantic area...[t]he three new members will not be the
last...[n]o European democratic country whose admission would
fulfill the objectives of the Treaty will be excluded from
consideration, regardless of its geographic location...''.
(10) In May 2000 in Vilnius, Lithuania, the foreign
ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the
Republic of Macedonia, Romania, Slovakia, and Slovenia issued a
statement (later joined by Croatia) declaring that--
(A) their countries will cooperate in jointly
seeking membership in the North Atlantic Treaty
Organization in the next round of enlargement of the
North Atlantic Treaty Organization;
(B) the realization of membership in the North
Atlantic Treaty Organization by one or more of these
countries would be a success for all; and
(C) eventual membership in the North Atlantic
Treaty Organization for all of these countries would be
a success for Europe and for the North Atlantic Treaty
Organization.
(11) On June 15, 2001, in a speech in Warsaw, Poland,
President George W. Bush stated ``[a]ll of Europe's new
democracies, from the Baltic to the Black Sea and all that lie
between, should have the same chance for security and freedom--
and the same chance to join the institutions of Europe--as
Europe's old democracies have...I believe in NATO membership
for all of Europe's democracies that seek it and are ready to
share the responsibilities that NATO brings...[a]s we plan to
enlarge NATO, no nation should be used as a pawn in the agenda
of others...[w]e will not trade away the fate of free European
peoples...[n]o more Munichs...[n]o more Yaltas...[a]s we plan
the Prague Summit, we should not calculate how little we can
get away with, but how much we can do to advance the cause of
freedom''.
(12) On October 22, 1996, in a speech in Detroit, Michigan,
former President William J. Clinton stated ``NATO's doors will
not close behind its first new members...NATO should remain
open to all of Europe's emerging democracies who are ready to
shoulder the responsibilities of membership...[n]o nation will
be automatically excluded...[n]o country outside NATO will have
a veto...[a] gray zone of insecurity must not reemerge in
Europe''.
(13) At the Prague Summit of the North Atlantic Treaty
Organization in November 2002, Bulgaria, Estonia, Latvia,
Lithuania, Romania, Slovakia, and Slovenia were invited to join
the Alliance in the second round of enlargement of the North
Atlantic Treaty Organization since the end of the Cold War, and
the North Atlantic Treaty Organization heads of state and
government issued a declaration stating ``NATO's door will
remain open to European democracies willing and able to assume
the responsibilities and obligations of membership, in
accordance with Article 10 of the Washington Treaty''.
(14) On May 8, 2003, the United States Senate unanimously
approved the Resolution of Ratification to Accompany Treaty
Document No. 108-4, Protocols to the North Atlantic Treaty of
1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania,
Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia,
Latvia, Lithuania, Romania, Slovakia, and Slovenia to join the
North Atlantic Treaty Organization.
(15) At the Istanbul Summit of the North Atlantic Treaty
Organization in June 2004, the North Atlantic Treaty
Organization heads of state and government issued a communique
reaffirming that NATO's door remains open to new members,
declaring ``[w]e celebrate the success of NATO's Open Door
Policy, and reaffirm tody that our seven new members will not
be the last. The door to membership remains open. We welcome
the progress made by Albania, Croatia, and the former Yugoslav
Republic of Macedonia (1) in implementing their Annual National
Programmes under the Membership Action Plan, and encourage them
to continue pursuing the reforms necessary to progress toward
NATO membership. We also commend their contribution to regional
stability and cooperation. We want all three countries to
succeed and will continue to assist them in their reform
efforts. NATO will continue to assess each country's candidacy
individually, based on the progress made towards reform goals
pursued through the Membership Action Plan, which will remain
the vehicle to keep the readiness of each aspirant for
membership under review. We direct that NATO Foreign Ministers
keep the enlargement process, including the implementation of
the Membership Action Plan, under continual review and report
to us. We will review at the next Summit progress by aspirants
towards membership based on that report''.
(16) Georgia has stated its desire to join the Euro-
Atlantic community, and in particular, is seeking to join North
Atlantic Treaty Organization. Georgia is working closely with
the North Atlantic Treaty Organization and its members to meet
criteria for eventual membership in NATO.
(17) At a press conference with President Mikhail
Saakashvili of Georgia in Washington, D.C. on July 5, 2006,
President George W. Bush stated that ``... I believe that NATO
would benefit with Georgia being a member of NATO, and I think
Georgia would benefit. And there's a way forward through the
Membership Action Plan...And I'm a believer in the expansion of
NATO. I think it's in the world's interest that we expand
NATO''.
(18) Following a meeting of NATO Foreign Ministers in New
York on September 21, 2006, NATO Secretary General Jaap de Hoop
Scheffer announced the launching of an Intensified Dialogue on
membership between the Alliance and Georgia.
(19) Contingent upon their continued implementation of
democratic, defense, and economic reform, and their willingness
and ability to meet the responsibilities of membership in the
North Atlantic Treaty Organization, Congress calls for the
timely admission of Albania, Croatia, Georgia, and Macedonia to
the North Atlantic Treaty Organization to promote security and
stability in Europe.
(20) The North Atlantic Treaty Organization heads of state
and government will hold a North Atlantic Treaty Organization
Summit in Riga, Latvia, in November 2006.
SEC. 3. DECLARATIONS OF POLICY.
Congress--
(1) reaffirms its previous expressions of support for
continued enlargement of the North Atlantic Treaty Organization
contained in the NATO Participation Act of 1994, the NATO
Enlargement Facilitation Act of 1996, the European Security Act
of 1998, and the Gerald B. H. Solomon Freedom Consolidation Act
of 2002;
(2) supports the commitment to further enlargement of the
North Atlantic Treaty Organization to include European
democracies that are able and willing to meet the
responsibilities of Membership, as expressed by the Alliance in
its Madrid Summit Declaration of 1997, its Washington Summit
Communique of 1999, its Prague Summit Declaration of 2002, and
its Istanbul Summit Communique of 2004; and
(3) endorses the vision of further enlargement of the North
Atlantic Treaty Organization articulated by President George W.
Bush on June 15, 2001, and by former President William J.
Clinton on October 22, 1996, and urges our allies in the North
Atlantic Treaty Organization to work with the United States to
realize a role for the North Atlantic Treaty Organization in
promoting global security, including continued support for
enlargement to include qualified candidate states, specifically
by entering into a Membership Action Plan with Georgia and
recognizing the progress toward meeting the responsibilities
and obligations of NATO membership by Albania, Croatia,
Georgia, and Macedonia at the NATO Summit in Riga, Latvia.
SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, AND MACEDONIA AS
ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO
PARTICIPATION ACT OF 1994.
(a) Designation.--
(1) Albania.--The Republic of Albania is designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994
(title II of Public Law 103-447; 22 U.S.C. 1928 note), and
shall be deemed to have been so designated pursuant to section
203(d)(1) of such Act.
(2) Croatia.--The Republic of Croatia is designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994, and
shall be deemed to have been so designated pursuant to section
203(d)(1) of such Act.
(3) Georgia.--Georgia is designated as eligible to receive
assistance under the program established under section 203(a)
of the NATO Participation Act of 1994, and shall be deemed to
have been so designated pursuant to section 203(d)(1) of such
Act.
(4) Macedonia.--The Republic of Macedonia is designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994, and
shall be deemed to have been so designated pursuant to section
203(d)(1) of such Act.
(b) Rule of Construction.--The designation of the Republic of
Albania, the Republic of Croatia, Georgia, and the Republic of
Macedonia pursuant to subsection (a) as eligible to receive assistance
under the program established under section 203(a) of the NATO
Participation Act of 1994--
(1) is in addition to the designation of Poland, Hungary,
the Czech Republic, and Slovenia pursuant to section 606 of the
NATO Enlargement Facilitation Act of 1996 (title VI of section
101(c) of title I of division A of Public Law 104-208; 22
U.S.C. 1928 note), the designation of Romania, Estonia, Latvia,
Lithuania, and Bulgaria pursuant to section 2703(b) of the
European Security Act of 1998 (title XXVII of division G of
Public Law 105-277; 22 U.S.C. 1928 note), and the designation
of Slovakia pursuant to section 4(a) of the Gerald B. H.
Solomon Freedom Consolidation Act of 2002 (Public Law 107-187;
22 U.S.C. 1928 note) as eligible to receive assistance under
the program established under section 203(a) of the NATO
Participation Act of 1994; and
(2) shall not preclude the designation by the President of
other countries pursuant to section 203(d)(2) of the NATO
Participation Act of 1994 as eligible to receive assistance
under the program established under section 203(a) of such Act.
SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED
UNDER THE NATO PARTICIPATION ACT OF 1994.
Of the amounts made available for fiscal year 2007 under section 23
of the Arms Export Control Act (22 U.S.C. 2763)--
(1) $3,200,000 is authorized to be available on a grant
basis for the Republic of Albania;
(2) $3,000,000 is authorized to be available on a grant
basis for the Republic of Croatia;
(3) $10,000,000 is authorized to be available on a grant
basis for Georgia; and
(4) $3,600,000 is authorized to be available on a grant
basis for the Republic of Macedonia.
SEC. 6. SENSE OF CONGRESS.
Congress affirms that it stands ready to consider, and if all
applicable criteria are satisfied, to support efforts by Ukraine to
join the North Atlantic Treaty Organization, should Ukraine decide that
is wishes to pursue membership in the Alliance.
Passed the Senate November 16, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | NATO Freedom Consolidation Act of 2006 - Supports enlargement of the North Atlantic Treaty Organization (NATO).
Designates Albania, Croatia, Georgia, and Macedonia as eligible to receive assistance under the NATO Participation Act of 1994.
States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002 as eligible to receive assistance under the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994.
Specifies FY2007 amounts under the Arms Export Control Act for: (1) Albania; (2) Croatia; (3) Georgia; and (4) Macedonia.
Affirms that Congress stands ready to consider, and if all applicable criteria are satisfied, to support efforts by Ukraine to join NATO. | A bill to endorse further enlargement of the North Atlantic Treaty Organization (NATO) and to facilitate the timely admission of Albania, Croatia, Georgia, and Macedonia to NATO, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science Undergraduate Community
College Education Enhancement Development Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Providing a trained workforce needed to sustain the
Nation's post-industrial economy will require strengthening
undergraduate education in science, mathematics, and technology
at associate-degree-granting colleges.
(2) According to the American Association of Community
Colleges, nearly half of all United States undergraduate
college students are enrolled in associate-degree-granting
colleges.
(3) The National Science Foundation has determined that as
many as 40 percent of the Nation's science and mathematics
teachers have taken courses at associate-degree-granting
colleges, with an even higher percentage in some States.
(4) Associate-degree-granting colleges educate the vast
majority of the three to five technicians that support each
engineer, scientist, and medical doctor across the Nation.
(5) Millions of students take core mathematics and science
courses at associate-degree-granting colleges to lay the
groundwork for further studies. These core courses may be the
most important curricular component at these colleges because
they are required of all associate degree and transfer
students, including future teachers.
(6) The Advanced Technological Education Program
administered by the National Science Foundation has been
effective in improving advanced-technology education at
associate-degree-granting colleges and should be expanded,
including through activities to improve core education programs
in science, mathematics, and technology.
SEC. 3. DEFINITIONS.
In this Act:
(1) Associate-degree-granting college.--The term
``associate-degree-granting college'' has the meaning given
that term in section 3(g)(2) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(g)(2)).
(2) Director.--The term ``Director'' means the Director of
the Foundation.
(3) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(4) Program.--The term ``Program'' means the Advanced
Technological Education Program of the Foundation.
SEC. 4. CORE SCIENCE AND MATHEMATICS COURSES.
Section 3(a) of the Scientific and Advanced-Technology Act of 1992
(42 U.S.C. 1862i(a)) is amended--
(1) by inserting ``, and to improve the quality of their
core education courses in science and mathematics'' after
``education in advanced-technology fields'';
(2) in paragraph (1) by inserting ``and in core science and
mathematics courses'' after ``advanced-technology fields''; and
(3) in paragraph (2) by striking ``in advanced-technology
fields'' and inserting ``who provide instruction in science,
mathematics, and advanced-technology fields''.
SEC. 5. ARTICULATION PARTNERSHIPS.
Section 3(c)(1)(B) of the Scientific and Advanced-Technology Act of
1992 (42 U.S.C. 1862i(c)(1)(B)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting a semicolon; and
(3) by adding after clause (ii) the following new clauses:
``(iii) provide students with research experiences
at bachelor-degree-granting institutions participating
in the partnership, including stipend support for
students participating in summer programs; and
``(iv) provide faculty mentors for students
participating in activities under clause (iii),
including summer salary support for faculty mentors.''.
SEC. 6. ADVANCED TECHNOLOGICAL EDUCATION ADVISORY COMMITTEE.
(a) Establishment.--The Director shall establish an advisory
committee on science, mathematics, and technology education at
community colleges consisting of non-Federal members, including
representatives from academia and industry, who are qualified to
provide the Director with advice on and assessments of the Program.
(b) Duties.--The advisory committee established under subsection
(a) shall review, and provide the Director with an assessment of,
activities carried out under the Program, including--
(1) conformity of the Program to the requirements of the
Scientific and Advanced-Technology Act of 1992;
(2) the effectiveness of activities supported under the
Program in strengthening the scientific and technical education
and training capabilities of community colleges;
(3) the effectiveness of the Foundation and institutions
receiving awards under the Program in disseminating information
to other associate-degree-granting colleges about activities
carried out under the Program and about model curricula and
teaching methods developed under the Program;
(4) the balance of resources allocated under the Program
for support of national centers of excellence, individual
institution grants, and articulation partnerships; and
(5) other issues identified by the Director.
The advisory committee shall make recommendations to the Director for
improvements to the Program based on its reviews and assessments.
(c) Advisory Committee Reports.--The advisory committee established
under subsection (a) shall report annually to the Director and to
Congress on the findings and recommendations resulting from the reviews
and assessments conducted in accordance with subsection (b).
SEC. 7. NATIONAL SCIENCE FOUNDATION REPORT.
Within 6 months after the date of the enactment of this Act, the
Director shall transmit a report to Congress on--
(1) efforts by the Foundation and awardees under the
Program to disseminate information about the results of
projects;
(2) the effectiveness of national centers of scientific and
technical education established under section 3(b) of the
Scientific and Advanced-Technology Act of 1992 in serving as
national and regional clearinghouses of information and models
for best practices in undergraduate science, mathematics, and
technology education; and
(3) efforts to satisfy the requirement of section 3(f)(4)
of the Scientific and Advanced-Technology Act of 1992.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2003.--
(1) In general.--There are authorized to be appropriated to
the Foundation $50,000,000 for fiscal year 2003 for the
Program.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,000,000 shall be made available for
activities to improve core science and mathematics
education in accordance with section 3(a) of the
Scientific and Advanced-Technology Act of 1992 (42
U.S.C. 1862i(a)), as amended by section 4 of this Act;
(B) $3,000,000 shall be made available for
acquisition of instrumentation in accordance with
section 3(a)(4) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(a)(4)); and
(C) $750,000 shall be made available for support
for research experiences for undergraduate students in
accordance with section 3(c)(1)(B) of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(c)(1)(B)), as amended by section 5 of this Act.
(b) Fiscal Year 2004.--
(1) In general.--There are authorized to be appropriated to
the Foundation $55,000,000 for fiscal year 2004 for the
Program.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,000,000 shall be made available for
activities to improve core science and mathematics
education in accordance with section 3(a) of the
Scientific and Advanced-Technology Act of 1992 (42
U.S.C. 1862i(a)), as amended by section 4 of this Act;
(B) $3,500,000 shall be made available for
acquisition of instrumentation in accordance with
section 3(a)(4) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(a)(4)); and
(C) $750,000 shall be made available for support
for research experiences for undergraduate students in
accordance with section 3(c)(1)(B) of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(c)(1)(B)), as amended by section 5 of this Act.
(c) Fiscal Year 2005.--
(1) In general.--There are authorized to be appropriated to
the Foundation $60,500,000 for fiscal year 2005 for the
Program.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,000,000 shall be made available for
activities to improve core science and mathematics
education in accordance with section 3(a) of the
Scientific and Advanced-Technology Act of 1992 (42
U.S.C. 1862i(a)), as amended by section 4 of this Act;
(B) $4,000,000 shall be made available for
acquisition of instrumentation in accordance with
section 3(a)(4) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(a)(4)); and
(C) $750,000 shall be made available for support
for research experiences for undergraduate students in
accordance with section 3(c)(1)(B) of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(c)(1)(B)), as amended by section 5 of this Act. | Science Undergraduate Community College Education Enhancement Development Act - Amends the Scientific and Advanced-Technology Act of 1992 (the Act) to revise and reauthorize the national advanced scientific and technical education program (the Program) of the National Science Foundation (NSF).Requires Program grants to associate-degree-granting colleges also to be used to improve core science and mathematics education.Requires Program grants to articulation partnerships of associate- and bachelor-degree-granting institutions to be used to: (1) provide students with research experiences at bachelor-degree-granting institutions participating in the partnership, including summer program stipends; and (2) provide faculty mentors for such students, including summer salary support.Requires the NSF Director to establish an advisory committee to help guide and assess Program implementation. | To authorize appropriations for the Advanced Technological Education Program, to amend the Scientific and Advanced-Technology Act of 1992 to further strengthen science, mathematics, and technology education at the Nation's associate-degree-granting colleges, to establish an advisory committee to help guide implementation of the Advanced Technological Education Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bear River Migratory Bird Refuge
Settlement Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Secretary of the Interior and the State of Utah
have negotiated a preliminary agreement concerning the
ownership of lands within the Bear River Migratory Bird Refuge
located in Bear River Bay of the Great Salt Lake, Utah.
(2) The State is entitled to ownership of those sovereign
lands constituting the bed of the Great Salt Lake, and,
generally, the location of the sovereign lands boundary was set
by an official survey of the Great Salt Lake meander line.
(3) The establishment of the Refuge in 1928 along the shore
of the Great Salt Lake, and lack of a meander line survey
within the Refuge, has led to uncertainty of ownership of some
those sovereign lands.
(4) In order to settle the uncertainty concerning the
sovereign land boundary caused by the gap in the surveyed Great
Salt Lake meander line within the Refuge, the Secretary and the
State have agreed to the establishment of a fixed sovereign
land boundary along the southern boundary of the Refuge and the
State has agreed to release any claim to the lake bed above
such boundary line.
(5) The Secretary and the State have expressed their
intentions to establish a mutually agreed upon procedure to
address the conflicting claims to ownership of the lands and
interests in land within the Refuge.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Refuge.--The term ``Refuge'' means the Bear River
Migratory Bird Refuge located in Bear River Bay of the Great
Salt Lake, Utah.
(3) Agreement.--The term ``agreement'' means the agreement
to be signed by the Secretary and the State to establish a
mutually agreeable procedure for addressing the conflicting
claims to ownership of the lands and interests in land within
the Refuge.
(4) State.--The term ``State'' means the State of Utah.
SEC. 4. REQUIRED TERMS OF LAND CLAIMS SETTLEMENT, BEAR RIVER MIGRATORY
BIRD REFUGE, UTAH.
(a) Specific Terms Required in Agreement.--The Secretary shall not
enter into an agreement with the State for the quitclaim or other
transfer of lands or interests in lands within the Refuge unless the
terms of the agreement include each of the following provisions:
(1) Nothing in the agreement shall be construed to impose
upon the State or any of agency of the State any obligation to
convey to the United States any interest in water owned or
controlled by the State, except upon appropriate terms and for
adequate consideration.
(2) Nothing in the agreement shall constitute admission or
denial of the United States claim to a Federal reserved water
right.
(3) The State shall support the United States application
to add an enlarged Hyrum Reservoir, or another storage
facility, as an alternate place of storage under the Refuge's
existing 1000 cubic feet per second State certified water
right. Such support shall be contingent upon demonstration by
the United States that no injury to water rights shall occur as
a result of the addition.
(4) Nothing in the agreement shall affect jurisdiction by
the State or the United States Fish and Wildlife Service over
wildlife resources management, including fishing, hunting and
trapping, within the Refuge.
(5) If the State elects to bring suit against the United
States challenging the validity of the deed issued pursuant to
the agreement, and if such suit is successful in invalidating
such deed, the State will--
(A) pay the United States for the fair market value
of all real property improvements on the property at
the time of invalidation, such as dikes, water control
structures and buildings;
(B) repay any amounts paid by the United States
because of ownership of the land by the United States
from the date of establishment of the Refuge, such as
payments in lieu of taxes; and
(C) repay any amounts paid to the State pursuant to
the agreement.
(6) Subject to the availability of funds for this purpose,
the Secretary shall agree to pay $15,000,000 to the State upon
delivery by the State of a quitclaim deed that meets all
applicable standards of the Department of Justice and covers
all lands and interests in lands claimed by the State within
the Refuge. Such payment shall be subject to the condition that
the State use the payment for the purposes, and in the amounts,
specified in subsections (b) and (c).
(b) Wetlands and Wildlife Protection Programs.--
(1) Deposit.--The State shall deposit $10,000,000 of the
amount paid pursuant to the agreement, as required by
subsection (a)(6), in a restricted account, known as the
Wetlands and Habitat Protection Account, to be used as provided
in paragraph (2).
(2) Authorized uses.--The Executive Director of the Utah
Department of Natural Resources may withdraw from the Wetlands
and Habitat Protection Account, on an annual basis, amounts
equal to the interest earned on the amount deposited under
paragraph (1) for the following purposes:
(A) Wetland or open space protection in and near
the Great Salt Lake.
(B) Enhancement and acquisition of wildlife habitat
in and near the Great Salt Lake.
(c) Recreational Trails and Streams Development and Expansion.--The
Utah Department of Natural Resources shall use $5,000,000 of the amount
paid pursuant to the agreement, as required by subsection (a)(6), for
the following purposes:
(1) Development, improvement, and expansion of motorized
and non-motorized recreational trails on public and private
lands in the State, with priority given to providing trail
access to the Great Salt Lake as part of the proposed Shoshone
and Ogden-Weber trail systems.
(2) Preservation, reclamation, enhancement, and
conservation of streams in the State.
(d) Coordination of Projects.--The Executive Director of the Utah
Department of Natural Resources shall seek to maximize the use of funds
under subsections (b) and (c) through coordination with nonprofit
organizations, Federal agencies, other agencies of the State, and local
governments, and shall give priority to those projects under such
subsections that include Federal, State, or private matching funds.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for the payment required by subsection (a)(6)
to be included as a term of the agreement. | Bear River Migratory Bird Refuge Settlement Act of 2002 - Prohibits the Secretary of the Interior from entering into an agreement with the State of Utah for the transfer of lands or interests in land within the Bear River Migratory Bird Refuge unless the agreement requires: (1) the State to support the U.S. application to add an enlarged Hyrum Reservoir or another storage facility as an alternate place of storage under the Refuge's existing 1000 cubic feet per second State certified water right, contingent upon demonstration by the United States that no injury to water rights shall occur; (2) the State, if it prevails in a suit against the United States challenging the validity of the deed issued pursuant to such agreement, to pay the United States for property improvements, such as water control structures and buildings, and to repay amounts paid to the State by the United States pursuant to the agreement or because of U.S. ownership of the land; and (3) the Secretary to agree to pay $15 million to the State upon delivery of a quitclaim deed that meets Justice Department standards and covers all lands and interests claimed by the State within the Refuge, subject to the condition that the State use such payment for the purposes and in the amounts specified below.Requires the State to deposit $10 million into the Wetlands and Habitat Protection Account.Authorizes the Executive Director of the Utah Department of Natural Resources to use the interest on such amount for wetland or open space protection and for enhancement and acquisition of wildlife habitat in and near the Great Salt Lake.Authorizes the use of $5 million for: (1) the development, improvement, and expansion of motorized and non-motorized recreational trails on public and private lands (with priority given to providing trail access to the Lake as part of the proposed Shoshone and Ogden-Weber trail systems); and (2) preservation, reclamation, enhancement, and conservation of streams.Requires the Executive Director to maximize the use of such funds through coordination with nonprofit organizations, Federal agencies, other agencies of the State, and local governments, giving priority to those projects that include Federal, State, or private matching funds.Authorizes appropriations for such payment. | To provide a mechanism for the settlement of claims of the State of Utah regarding portions of the Bear River Migratory Bird Refuge located on the shore of the Great Salt Lake, Utah. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Less Pollution Through Technology
Act of 1997.''
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The development of new and innovative environmental
technologies, including technologies for monitoring
environmental compliance, has been identified as a priority by
the Environmental Protection Agency (referred to in this Act as
the ``Agency'').
(2) Current Agency environmental monitoring requirements
typically specify the use of a particular analytical method
that must be precisely followed, including the use of specific
procedures and instrumentation. These requirements inhibit
introduction of new environmental monitoring technologies that
could prove more accurate, reliable, and cost-effective because
of time consuming and labor-intensive procedures for revising
regulations.
(3) The Agency is evaluating the barriers to the
introduction of new and innovative environmental monitoring
technologies and has begun the transition of converting from
the current analytical methods approach to a performance-based
measurement system.
(b) Purposes.--The purposes of this Act are to--
(1) facilitate the development, introduction, and use of
new and innovative environmental monitoring technologies
through the conversion of the Agency's analytical methods to a
performance-based measurement system; and
(2) establish a deadline for the Agency to implement a
performance-based measurement system to cover all media and
multimedia environmental monitoring.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Agency'' means the Environmental Protection
Agency.
(2) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(3) The term ``environmental monitoring technologies''
means procedures or techniques associated with the performance,
technical capability, or environmental impact of an analytical
method.
(4) The term ``performance-based measurement system'' means
a system that ensures environmental monitoring data quality
assurance objectives are met, without prescribing particular
procedures, techniques, or instrumentation for meeting such
objectives.
SEC. 4. PERFORMANCE-BASED MEASUREMENT SYSTEM.
(a) Establishment.--(1) No later than 18 months after the date of
enactment of this Act, the Administrator shall establish and begin
implementing a performance-based measurement system that will
facilitate the use of new environmental monitoring technologies,
particularly monitoring required to demonstrate compliance with laws
and regulations.
(2) Notwithstanding the implementation of a performance-based
measurement system, analytical methods existing on the date of
enactment of this Act shall be deemed acceptable to the Administrator
until such time as the Administrator determines that such methods are
no longer acceptable.
(b) Construction.--Nothing in this Act shall be construed to permit
the Agency to devise or endorse a process that permits or requires the
rating or evaluation of one technology or instrument over another.
Nothing in this Act shall be construed to require the approval of a
particular environmental technology or instrument.
(c) Status.--A performance-based measurement system implemented
pursuant to this section shall be deemed to be equivalent to Agency
analytical methods existing on the date of enactment of this Act for
purposes of compliance with all applicable environmental statutes and
regulations.
SEC. 5. PERFORMANCE-BASED MEASUREMENT SYSTEM ADVISORY COMMITTEE.
(a) Establishment.--The Administrator shall establish a
Performance-Based Measurement System Advisory Committee no later than
90 days after the date of enactment of this Act.
(b) Purposes.--The Performance-Based Measurement System Advisory
Committee shall--
(1) assist the Administrator in developing a plan for
implementation of a performance-based measurement system;
(2) advise the Administrator regarding how Agency policies,
regulations, standards, and procedures can be used to implement
a performance-based measurement system; and
(3) assist the Administrator in developing the report
required by section 5 of this Act.
(c) Membership.--The Performance-Based Measurement System Advisory
Committee shall be comprised of 12 members selected for appointment to
provide a broad and balanced representation of interested parties,
including the analytical instruments industry, environmental testing
laboratories, representatives from State regulatory agencies, public
interest groups, and professional or technical societies.
(d) Duration.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the duration of the
advisory committee established under this section.
(e) Duties.--The Performance-Based Measurement System Advisory
Committee shall convene at least twice a year, and may meet at
additional times as required by the Administrator. The Performance-
Based Measurement System Advisory Committee shall submit to the
Administrator such recommendations as it believes are consistent with
its purposes. The Administrator shall make available to the
Performance-Based Measurement System Advisory Committee such staff as
are necessary to carry out its purposes.
SEC. 6. REPORT TO CONGRESS.
No later than 6 months after the date of enactment of this Act, the
Administrator shall submit to Congress a report containing a plan to
establish a performance-based measurement system approval process in
accordance with section 4. | Less Pollution Through Technology Act of 1997 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish and implement a performance-based measurement system to facilitate the use of new environmental monitoring technologies, particularly monitoring required to demonstrate compliance with laws and regulations.
Deems existing analytical methods to be acceptable to the Administrator until determined otherwise.
Deems performance-based measurement systems to be equivalent to existing EPA analytical methods for purposes of compliance with environmental statutes and regulations.
Requires the Administrator to establish a Performance-Based Measurement System Advisory Committee.
Directs the Administrator to submit a plan to establish a performance-based measurement system approval process to the Congress. | Less Pollution Through Technology Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modern-Day Marshall Plan for Eurasia
and the Middle East Act of 2003''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) After World War II, the United States established a
program to provide for the reconstruction of Europe, named
after General George C. Marshall and commonly referred to as
the ``Marshall Plan'', which made a significant contribution to
the stimulation of economic growth and international trade in
Europe from 1948 to 1951, thereby helping to stem the spread of
Communism and to foster stable political governments in Europe.
(2) By providing assistance to Europe through the Marshall
Plan, the United States recognized the direct link between
economic growth and political stability, thereby investing
resources into economic development and assistance.
(3) The Marshall Plan is chiefly characterized by its
integration of recipients into the development process, forming
a partnership whereby European countries agreed to a ``plan of
action'' that committed Europe to take steps toward solution of
its economic and political problems prior to the formulation of
a program of assistance.
(4) On April 17, 2002, President Bush stated in a speech at
the Virginia Military Institute (VMI): ``[General] Marshall
knew that our military victory against enemies in World War II
had to be followed by a moral victory that resulted in better
lives for individual human beings. America has a much greater
purpose than just eliminating threats and containing
resentment. Because we believe in the dignity and value of
every individual, America seeks hope and opportunity for all
people in all cultures.''.
(5) A principal objective of United States foreign
assistance programs, as stated in the Foreign Assistance Act of
1961, continues to be the ``encouragement and sustained support
of the people of developing countries in their efforts to
acquire the knowledge and resources essential to development
and to build the economic, political, and social institutions
which will improve the quality of their lives.''.
(6) Significant poverty, corruption, and human rights
abuses in many countries of Eurasia and the Middle East
contribute to the political and economic deterioration of those
regions.
(7) The potential resources of many countries of Eurasia
and the Middle East are rich and plentiful and can be developed
in peace and in partnership through cooperation and mutual
assistance.
(8) The attacks against the United States that occurred on
September 11, 2001, and the subsequent global war on terrorism,
have enhanced United States strategic concern for the economic
and political future of countries of Eurasia and the Middle
East.
(9) United States foreign assistance programs continue to
influence the direction of the Central Asia, Eurasia, and
Middle East regions.
(10) In 1972, the United Nations voted to recommend that
developed countries should contribute an amount equal to 0.7
percent of their gross domestic product for assistance to
developing countries, however, the United States currently
provides an amount equal to only 0.1 percent of its gross
domestic product for assistance to developing countries.
(11) The magnitude of the economic, humanitarian, and
political challenges in the Eurasia and Middle East regions is
extensive and demands consistent and enhanced input and
assistance from the United States, particularly through the
United States Agency for International Development (USAID) as
well as extensive coordination with other appropriate United
States agencies and international donor organizations, in order
to effectively implement development assistance and effectively
eliminate the causes of terrorism in these regions.
(b) Purposes.--The purposes of this Act are--
(1) to enhance and increase United States foreign
assistance to the developing countries of Eurasia and the
Middle East; and
(2) to assist such countries of Eurasia and the Middle East
to grow, prosper, and to seize the opportunities of the global
economy in order to achieve transparent, accountable, and
politically stable democratic forms of government in such
countries.
SEC. 3. SENSE OF CONGRESS; STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should recognize that to promote politically stable
and economically prosperous countries in Eurasia and the Middle East is
in the national security interests of the United States.
(b) Statement of Policy.--It shall be the policy of the United
States--
(1) to promote stable democracies and market economies in
countries of Eurasia and the Middle East;
(2) to encourage regular dialogue between United States
Government officials and human rights organizations, civic
organizers, reform-minded politicians and democratic activists
in order to further democratic reform and economic stability in
developing countries of Eurasia and the Middle East; and
(3) to encourage dialogue between United States Government
officials and private sector individuals regarding the opening
of markets and transparency in business practices in countries
of Eurasia and the Middle East.
SEC. 4. ASSISTANCE TO PROMOTE POLITICAL STABILITY IN THE COUNTRIES OF
EURASIA AND THE MIDDLE EAST.
(a) In General.--The President is authorized, notwithstanding any
other provision of law, to establish and implement a program to provide
economic assistance for the developing countries of Eurasia and the
Middle East in order to promote political stability in such countries.
(b) Types of Assistance.--Assistance provided under the program
established under subsection (a) shall include assistance to promote--
(1) economic growth, trade, education, and infrastructure;
(2) health, including assistance to prevent, treat, and
monitor HIV/AIDS, family planning assistance, and child
survival assistance; and
(3) democracy building and human rights.
(c) Terms and Conditions.--Assistance under the program established
under subsection (a)--
(1) shall be provided in accordance with the terms and
conditions utilized by the International Bank for
Reconstruction and Development and the International Monetary
Fund under the ``Poverty Reduction Strategy Papers'' process
established by such institutions; and
(2) shall be provided on such other terms and conditions as
the President determines to be appropriate.
(d) Coordination With Other Programs.--The President shall
coordinate the program established under subsection (a) with all other
programs under which economic assistance is provided to countries of
Eurasia and the Middle East.
(e) Multilateral Assistance.--The President, acting through the
Secretary of State and other appropriate officials of the United States
Government, shall urge other appropriate countries to provide
assistance to countries of Eurasia and the Middle East in accordance
with the terms and conditions of assistance provided by the United
States under this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as may be necessary for fiscal year 2004 and
each subsequent fiscal year.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended. | Modern-Day Marshall Plan for Eurasia and the Middle East Act of 2003 - Declares that it shall be the policy of the United States to (1) promote stable democracies and market economies in Eurasia and the Middle East, and (2) encourage dialogue between U.S. officials and human rights organizations, civic organizers, politicians, and activists to further democratic reform and economic stability in developing countries there, and (3) encourage dialogue between U.S. officials and the private sector regarding the opening of markets and transparency in business in Eurasia and the Middle East.
Authorizes the President to establish and implement a program to provide economic assistance for the developing countries of Eurasia and the Middle East to foster political stability through programs which promote: (1) economic growth, trade, education and infrastructure; (2) health; and (3) democracy building and human rights.
Requires the President to urge other appropriate countries to provide similar assistance. | To establish a program to provide assistance for developing countries of Eurasia and the Middle East. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneurship Promotion Act of
1994''.
SEC. 2. ROLLOVER OF GAIN FROM SALE OF ELIGIBLE SMALL BUSINESS STOCK
INTO OTHER ELIGIBLE SMALL BUSINESS STOCK.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN FROM SALE OF ELIGIBLE SMALL BUSINESS
STOCK INTO OTHER ELIGIBLE SMALL BUSINESS STOCK.
``(a) Nonrecognition of Gain.--In the case of the sale of any
eligible small business stock with respect to which the taxpayer elects
the application of this section, gain from such sale shall be
recognized only to the extent that the amount realized on such sale
exceeds--
``(1) the cost of any other eligible small business stock
purchased (as defined by section 1043(b)(4)) by the taxpayer
during the 18-month period beginning on the date of such sale,
reduced by
``(2) any portion of such cost previously taken into
account under this section.
This section shall not apply to any gain which is treated as ordinary
income for purposes of this subtitle.
``(b) Eligible Small Business Stock.--For purposes of this
section--
``(1) In general.--Except as otherwise provided in this
section, the term `eligible small business stock' means any
stock in a C corporation if--
``(A) as of the date of issuance, such corporation
is an eligible small business, and
``(B) such stock is acquired by the taxpayer at its
original issue (directly or through an underwriter) in
exchange for money or other property (not including
stock).
``(2) Active business requirement.--Subsection (a) shall
not apply to the sale of any eligible small business stock
unless, during substantially all of the taxpayer's holding
period for such stock, the corporation meets the active
business requirements of subsection (d) and such corporation is
a C corporation. For purposes of the preceding sentence, a rule
similar to the rule of section 1202(c)(2)(B) shall apply.
``(3) Special rule for stock issued by s corporations.--In
the case of stock which, as of the date of the sale to which
subsection (a) applies, is stock of an eligible small business
but which, as of the date of issuance, was not stock of an
eligible small business solely by reason of the fact that the
corporation was an S corporation--
``(A) such stock shall be treated as meeting the
requirement of paragraph (1)(A), but
``(B) subsection (a) shall not apply to so much of
the gain which is attributable to the period before
such stock became stock of an eligible small business.
``(4) Certain purchases by corporation of its own stock.--
Rules similar to the rules of section 1202(c)(3) shall apply
for purposes of this subsection.
``(c) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means any domestic corporation which is
a C corporation if the aggregate annual gross receipts of such
corporation (or any predecessor thereof) for all taxable years ending
before the date of issuance did not exceed $20,000,000. For purposes of
the preceding sentence, rules similar to the rules of paragraphs (2)
and (3) of section 448(c) shall apply.
``(d) Active Business Requirement.--For purposes of subsection
(b)(2), the requirements of this subsection are met by a corporation
for any period if during such period--
``(1) at least 80 percent (by value) of the assets of such
corporation are used by such corporation in the active conduct
of 1 or more trades or businesses, and
``(2) such corporation is an eligible corporation (as
defined in section 1202(e)(4)).
For purposes of the preceding sentence, a rules similar to the rules of
paragraphs (2), (5), (6), (7) and (8) of section 1202(e) shall apply.
``(e) Basis Adjustments.--If gain from any sale is not recognized
by reason of subsection (a), such gain shall be applied to reduce (in
the order acquired) the basis for determining gain or loss of any
eligible small business stock purchased by the taxpayer during the 18-
month period described in subsection (a). This subsection shall not
apply for purposes of section 1202.
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on any sale to which an election under this section applies,
then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing any
eligible small business stock,
``(B) the taxpayer's intention not to purchase such
stock within the reinvestment period, or
``(C) a failure to make such purchase within the
reinvestment period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any law
or rule of law which would otherwise prevent such assessment.''
(b) Conforming Amendment.--Paragraph (24) of section 1016(a) of
such Code is amended--
(1) by striking ``or 1044'' and inserting ``, 1044, or
1045'', and
(2) by striking ``or 1044(d)'' and inserting ``, 1044(d),
or 1045(e)''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain from sale
of eligible small business
stock into other eligible small
business stock.''
(d) Effective Date.--The amendments made by this section shall
apply to sales on and after the date of the enactment of this Act, in
taxable years ending on and after such date. | Entrepreneurship Promotion Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of eligible small business stock if the proceeds are used to purchase other eligible small business stock. | Entrepreneurship Promotion Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Access, Competition, and
Equity Act of 2015'' or as the ``PACE Act of 2015''.
SEC. 2. CONFIRMING METHODOLOGY FOR HOSPITAL STAR RATING SYSTEM THROUGH
HOSPITAL COMPARE.
Section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(viii)) is amended by adding at the end the following
new subclause:
``(XII) In order to ensure consistent longitudinal comparisons
among calendar quarters that began before October 1, 2019, the
Secretary shall use the same methodology as is in effect as of April
16, 2015, for computation of the star rating for hospitals posted on
the Internet website maintained by the Secretary under subclause (VII)
for such calendar quarters. The Secretary may promulgate a regulation
to change such methodology used with respect to the computation of such
star rating for hospitals for calendar quarters beginning on or after
October 1, 2019.''.
SEC. 3. REVISED CRITERIA FOR APPLICATION AND EXCEPTIONS TO MORATORIUM
ON EXPANSION AND CONSTRUCTION OF PHYSICIAN-OWNED
HOSPITALS.
(a) Temporary Suspension of Limitation on Hospitals That Can Apply
for Facility Expansions.--Section 1877(i)(3) of the Social Security Act
(42 U.S.C. 1395nn(i)(3)) is amended--
(1) in subparagraph (E), by adding at the end, after clause
(v), the following:
``With respect to applications filed under this
paragraph during the period beginning on the date of
the enactment of this sentence and ending on September
30, 2019, such term includes any hospital (other than a
high Medicaid facility).''; and
(2) in subparagraph (B), by inserting before the period at
the end the following: ``, except that such limitation shall
not apply with respect to applications filed before October 1,
2019''.
(b) Application of Hospital Expansion Exception to Hospitals With
Consistently High Quality Ratings.--Section 1877(i)(3) of the Social
Security Act (42 U.S.C. 1395nn(i)(3)) is amended--
(1) in subparagraph (A)(i), by striking ``or is a high
Medicaid facility described in subparagraph (F)'' and inserting
``, is a high Medicaid facility described in subparagraph (F),
or is a hospital with a consistently high quality rating (as
defined in subparagraph (H))'';
(2) in subparagraph (E), by adding at the end, after the
matter added by subsection (a)(1), the following:
``Such term includes, with respect to subparagraphs (B)
through (D), a hospital with a consistently high
quality rating.''; and
(3) by adding at the end, as amended by subsection (d), the
following new subparagraph:
``(H) Hospital with a consistently high quality
rating defined.--In this paragraph, the term `hospital
with a consistently high quality rating', with respect
to a calendar quarter (beginning on or after October 1,
2019), means a hospital that has had a rating of 3
stars or higher under the hospital star rating system
posted on the Internet website maintained by the
Secretary under section 1886(b)(3)(B)(viii)(VII) for
each of the 12 calendar quarters before the calendar
quarter involved.''.
(c) Exception and Special Rules for Certain Hospitals Under
Development as of March 23, 2010.--Section 1877 of the Social Security
Act (42 U.S.C. 1395nn) is amended--
(1) in subsection (d)(3)(D), by inserting before the period
at the end the following: ``or, in the case of a hospital under
development as of March 23, 2010 (as defined in paragraph
(7)(A)), meets such requirements as of the under development
effective date (as defined in subsection (i)(7)(B))''; and
(2) in subsection (i)--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(G) Special timing rule for hospitals under
development as of march 23, 2010.--In applying this
paragraph to a hospital under development as of March
23, 2010 (as defined in paragraph (7)(A)), any
reference in this paragraph to the date of enactment of
this subsection or to December 31, 2010, shall be
deemed to be a reference to May 1, 2015.'';
(B) in paragraph (3)(C)(iii), by striking
``provider agreement).'' and inserting ``provider
agreement, or, in the case of a hospital under
development as of March 23, 2010 (as defined in
paragraph (7)(A)), May 1, 2015).''; and
(C) by adding at the end the following new
paragraph:
``(7) Definitions relating to certain hospitals under
development.--In this subsection:
``(A) Hospital under development as of march 23,
2010.--The term `hospital under development as of March
23, 2010' means a hospital that--
``(i) has a binding written agreement with
an outside, unrelated party for the actual
construction, renovation, lease, or demolition
for a hospital under section 1886(d), and has
expended, before March 23, 2010, at least 10
percent of the estimated cost of the project
(or, if less, $2,500,000); or
``(ii) has obtained an approved certificate
of need in a State where one is required on or
before March 23, 2010.
Such term includes, with respect to such a hospital,
any facility expansion of the hospital that is
completed before the under development effective date.
``(B) Under development effective date.--The term
`under development effective date' means the date that
is 6 months after the date of the enactment of this
paragraph.''.
(d) Change in Processing of Applications and Elimination of Appeals
Limitation.--Section 1877(i)(3) of the Social Security Act (42 U.S.C.
1305nn(i)(3)) is amended--
(1) in subparagraph (A), by striking clauses (ii) through
(iv) and inserting the following:
``(ii) Deemed receipt of complete
application and approval of application.--
Unless the Secretary otherwise determines, an
application submitted under this subparagraph
shall be deemed complete as of the date that is
30 days after the date the Secretary receives
the complete application. Not later than 60
days after the receipt of such a complete
application, the Secretary shall publish a
notice of the receipt of the application and a
description of the expansion planned in the
application. A complete application shall be
deemed approved by the Secretary as of the end
of the 60-day period beginning on the date of
the Secretary's receipt of the application
unless the Secretary provides the applicant
with a notice of disapproval of the application
before the end of such period.''; and
(2) by striking subparagraphs (H) and (I).
(e) Effective Date.--Except as otherwise provided, the amendments
made by this section shall take effect on the date of the enactment of
this Act and shall apply to applications made after the date of the
enactment of this Act.
SEC. 4. SAVINGS FROM PHYSICIAN-OWNED HOSPITALS.
(a) Documentation and Coding Adjustments Not Applicable.--Section
7(b)(1)(B)(iii) of the TMA, Abstinence Education, and QI Programs
Extension Act of 2007 (Public Law 110-90), as added amended by section
414(1)(B)(iii) of the Medicare Access and CHIP Reauthorization Act of
2015 (Public Law 114-10), is amended by inserting before the period at
the end the following: ``, except that this clause shall not apply in
the case of a hospital that'' ``, except that this clause shall not
apply in the case of a hospital in which physicians (or immediate
family members of physicians) have a substantial ownership or
investment interest in the hospital (as determined under rules
established by the Secretary)''.
(b) Extension of Reductions in Market Basket Increases.--Section
1886(b)(3)(B)(xii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(xii)) is amended--
(1) by striking ``and'' at the end of subclause (IV);
(2) by striking the period at the end of subclause (V) and
inserting ``; and''; and
(3) by inserting after subclause (V) the following new
subclause:
``(VI) for each of fiscal years 2020 through 2025, by 0.75
percentage point, but only with respect to a hospital and
fiscal year for which the Secretary determines that physicians
(or immediate family members of physicians) have a substantial
ownership or investment interest in the hospital (as determined
under rules established by the Secretary).''. | Promoting Access, Competition, and Equity Act of 2015 or the PACE Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to ease application criteria and procedures for physician-owned hospitals to expand their facilities. Under current law, expansion of physician-owned hospitals is subject to certain limitations, such as those regarding the extent and frequency of expansion and requiring community output. The bill suspends these limitations with respect to applications for expansion filed before October 1, 2019. Following the end of this suspension period, hospitals with consistently high quality ratings are included among those hospitals that may apply to expand their facilities. The Centers for Medicare & Medicaid Services may not alter the methodology for computing a hospital's quality rating before October 1, 2019. With respect to hospitals under development as of March 23, 2010, the bill extends to May 1, 2015, the date by which a hospital may qualify for an exception to the ownership or investment prohibition on physician self-referrals. The bill also: (1) exempts physician-owned hospitals from specified documentation and coding adjustments, and (2) extends reductions in certain inflationary increases associated with Medicare payments for inpatient hospital services. | PACE Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Antiterrorism Capabilities
Through International Cooperation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The development and implementation of technology is
critical to combating terrorism and other high consequence
events and implementing a comprehensive homeland security
strategy.
(2) The United States and its allies in the global war on
terrorism share a common interest in facilitating research,
development, testing, and evaluation of technologies that will
aid in detecting, preventing, responding to, recovering from,
and mitigating against acts of terrorism.
(3) Certain United States allies in the global war on
terrorism, including Israel, the United Kingdom, Canada,
Australia, and Singapore have extensive experience with, and
technological expertise in, homeland security.
(4) The United States and certain of its allies in the
global war on terrorism have a history of successful
collaboration in developing mutually beneficial technologies in
the areas of defense, agriculture, and telecommunications.
(5) The United States and its allies in the global war on
terrorism will mutually benefit from the sharing of
technological expertise to combat domestic and international
terrorism.
(6) The establishment of a program to facilitate and
support cooperative endeavors between and among government
agencies, for-profit business entities, academic institutions,
and nonprofit entities of the United States and its allies will
safeguard lives and property worldwide against acts of
terrorism and other high consequence events.
SEC. 3. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT.
(a) In General.--The Homeland Security Act of 2002 is amended by
inserting after section 313 (6 U.S.C. 193) the following new section:
``SEC. 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director
selected under subsection (c)(1).
``(2) International cooperative activities.--The term
`international cooperative activities' includes--
``(A) coordinated research projects, joint research
projects, or joint ventures;
``(B) joint studies or technical demonstrations;
``(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
``(D) training of scientists and engineers;
``(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
``(F) exchanges or sharing of scientific and
technological information; and
``(G) joint use of laboratory facilities and
equipment.
``(3) Under secretary.--The term `Under Secretary' means
the Under Secretary for Science and Technology of the
Department of Homeland Security.
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(b) International Cooperative Activities.--
``(1) Authorization.--The Under Secretary is authorized to
carry out international cooperative activities to support the
responsibilities specified under section 302.
``(2) Mechanisms and equitability.--In carrying out this
section, the Under Secretary may award grants to and enter into
cooperative agreements or contracts with United States
governmental organizations, businesses, federally funded
research and development centers, institutions of higher
education, and foreign public or private entities. The Under
Secretary shall ensure that funding and resources expended in
international cooperative activities will be equitably matched
by the foreign partner organization through direct funding or
funding of complementary activities, or through provision of
staff, facilities, materials, or equipment.
``(3) Cooperation.--The Under Secretary is authorized to
conduct international cooperative activities jointly with other
agencies.
``(4) Foreign partners.--Under this section, the Under
Secretary may form partnerships with United States allies in
the global war on terrorism, including Israel, the United
Kingdom, Canada, Australia, Singapore, and other countries as
appropriate.
``(5) Exotic diseases.--As part of the international
cooperative activities authorized in this section, the Under
Secretary may facilitate the development of information sharing
and other types of cooperative mechanisms with foreign
countries, including nations in Africa, to strengthen American
preparedness against threats to the Nation's agricultural and
public health sectors from exotic diseases.
``(c) Program and Director.--
``(1) Establishment.--The Under Secretary shall establish
the Science and Technology Homeland Security International
Cooperative Program to facilitate international cooperative
activities throughout the Science and Technology Directorate.
The Program shall be headed by a Director, who shall be
selected by and shall report to the Under Secretary.
``(2) Responsibilities of the director.--
``(A) Development of mechanisms.--The Director
shall be responsible for developing, in consultation
with the Department of State and in coordination with
other Federal agencies, mechanisms and legal frameworks
to allow and to support international cooperative
activities in support of homeland security research.
``(B) Identification of partners.--The Director
shall facilitate the matching of United States entities
engaged in homeland security research with non-United
States entities engaged in homeland security research
so that they may partner in homeland security research
activities.
``(C) Coordination.--The Director shall ensure that
the activities under this subsection are coordinated
with those of other components of the Department and of
other relevant research agencies.
``(D) Conferences and workshops.--The Director,
periodically, shall support the planning and execution
of international homeland security technology workshops
and conferences to improve contact among the
international community of technology developers and to
help establish direction for future technology goals.
``(3) Program manager authority.--This subsection shall not
be construed to limit the ability of a program manager to
initiate or carry out international cooperative activities
provided that such activities are appropriately coordinated
with the Program established under this subsection.
``(d) Budget Allocation.--There are authorized to be appropriated
to the Secretary, to be derived from amounts otherwise authorized for
the Directorate of Science and Technology, $25,000,000 for each of the
fiscal years 2007 through 2010 for activities under this section.
``(e) Report to Congress on International Cooperative Activities.--
``(1) Initial report.--Not later than 180 days after the
date of enactment of this section, the Under Secretary, acting
through the Director, shall transmit to the Congress a report
containing--
``(A) a brief description of each partnership
formed under subsection (b)(4), including the
participants, goals, and amount and sources of funding;
and
``(B) a list of international cooperative
activities underway, including the participants, goals,
expected duration, and amount and sources of funding,
including resources provided to support the activities
in lieu of direct funding.
``(2) Updates.--At the end of the fiscal year that occurs 5
years after the transmittal of the report under subsection (a),
and every 5 years thereafter, the Under Secretary, acting
through the Director, shall transmit to the Congress an update
of the report required under subsection (a).''.
(b) Table of Contents Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by adding after the item
relating to section 313 the following new item:
``Sec. 314. Promoting antiterrorism through international cooperation
program.''.
Passed the House of Representatives September 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Promoting Antiterrorism Capabilities Through International Cooperation Act - Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to carry out international cooperative activities and, in carrying out such activities, to: (1) conduct such activities jointly with other agencies; (2) award grants and enter into cooperative agreements or contracts with U.S. governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities; (3) form partnerships with U.S. allies in the global war on terrorism; and (4) facilitate the development of information sharing and other cooperative mechanisms with foreign countries to strengthen American preparedness against threats to the nation's agricultural and public health sectors from exotic diseases. Directs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization.
Directs the Under Secretary to establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. Provides that the Program shall be headed by a Director, who shall be responsible for developing mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Requires the Director to: (1) facilitate the matching of U.S. entities with non-U.S. entities that may partner in homeland security research activities; (2) ensure that activities are coordinated with those of other DHS components and other relevant research agencies; and (3) periodically support the planning and execution of international homeland security technology workshops and conferences.
Authorizes appropriations to the Secretary, to be derived from amounts otherwise authorized for the Directorate, for international cooperative activities for each of FY2007-FY2010.
Requires the Under Secretary, acting through the Director, to report to Congress every five years on partnerships formed and international cooperative activities underway. | To establish a capability and office to promote cooperation between entities of the United States and its allies in the global war on terrorism for the purpose of engaging in cooperative endeavors focused on the research, development, and commercialization of high-priority technologies intended to detect, prevent, respond to, recover from, and mitigate against acts of terrorism and other high consequence events and to address the homeland security needs of Federal, State, and local governments. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Close the SILO/LILO Loophole Act of
2009''.
SEC. 2. EXCISE TAX ON CERTAIN PROCEEDS RECEIVED ON SILO AND LILO
TRANSACTIONS.
(a) In General.--Subchapter F of chapter 42 of subtitle D of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 4965A. EXCISE TAX ON CERTAIN PROCEEDS RECEIVED ON SILO AND LILO
TRANSACTIONS.
``(a) Imposition of Tax.--In the case of any person other than a
SILO/LILO lessee that receives any ineligible amount as a party to any
SILO transaction or any LILO transaction, such person shall pay a tax
for the taxable year in which such ineligible amounts are received.
``(b) Amount of Tax.--The amount of the tax imposed under
subsection (a) with respect to any person shall be an amount equal to
the aggregate ineligible amounts received by such person in the taxable
year.
``(c) Definitions.--For purposes of this section--
``(1) Ineligible amount.--The term `ineligible amount'
means, with respect to any SILO transaction or LILO
transaction, the excess of--
``(A) the aggregate proceeds received by the
taxpayer attributable to or arising from any remedial
action relating to such transaction, or any consensual
termination or rescission of any such transaction
(including the value of any property received and any
additional amounts purporting to indemnify or reimburse
the taxpayer for taxes assessable on any amounts
received), over
``(B) the aggregate proceeds described in
subparagraph (A) that are received from third parties
(other than the SILO/LILO lessee) pursuant to a payment
arrangement (including a defeasance escrow arrangement)
entered into at the time of such transaction in which
the SILO/LILO lessee's payment obligations were
economically defeased in whole or in part.
``(2) SILO transaction.--The term `SILO transaction' means
a purported sale-leaseback arrangement which is identified as a
listed transaction in Notice 2005-13.
``(3) LILO transaction.--The term `LILO transaction' means
a transaction which is a `lease-in/lease-out' transaction
described in Revenue Rulings 99-14 and 2002-69 and identified
as a listed transaction in Notice 2000-15, or which is
substantially similar to such a transaction.
``(4) SILO/LILO lessee.--The term `SILO/LILO lessee' means
any lessee in a SILO transaction or a LILO transaction that
is--
``(A) a tax-exempt entity (within the meaning of
section 168(h)(2)) or any other cooperative, nonprofit,
limited dividend, or mutual association, or
``(B) any other person that does not derive a
substantial economic benefit from the tax
characterization of such transaction.
``(d) Certain Transfers Disregarded.--If any person who is subject
to the tax under subsection (a) is a party to any transaction that
results in the transfer of such person's rights with respect to a SILO
transaction or a LILO transaction to any other person who would, but
for this subsection, not be subject to the full amount of the tax under
subsection (a) with respect to such SILO transaction or LILO
transaction, then such transfer shall be disregarded for purposes of
this section and the taxpayer shall continue to be treated as the
recipient of any ineligible amount.
``(e) Regulatory Authority.--The Secretary is authorized to
promulgate regulations consistent with the purposes of this section,
including regulations to prevent the avoidance of such purposes.
``(f) Coordination With Other Taxes and Penalties.--The tax imposed
by this section is in addition to any other tax, addition to tax, or
penalty imposed under this title.''.
(b) Clerical Amendment.--The table of sections for subchapter F of
chapter 42 of subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 4965A. Excise tax on certain proceeds received on SILO and LILO
transactions.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the introduction of this
Act, in taxable years ending after such date.
SEC. 3. DENIAL OF DEDUCTION FOR COSTS OF CERTAIN ACTIONS RELATING TO
SILO AND LILO TRANSACTIONS.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
269B the following new section:
``SEC. 269C. COSTS OF CERTAIN ACTIONS RELATING TO SILO AND LILO
TRANSACTIONS.
``(a) General Rule.--If any party to a SILO transaction or a LILO
transaction (other than a SILO/LILO lessee) brings a remedial action
seeking to recover any ineligible amount with respect to such
transaction, in computing taxable income no deduction shall be allowed
for any attorney fees or other costs attributable to such action.
``(b) Definitions.--For purposes of this section, the terms `SILO
transaction', `LILO transaction', `SILO/LILO lessee', and `ineligible
amount' have the meanings given such terms by section 4965A(c).''.
(b) Clerical Amendment.--The table of sections for part IX of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 269B the
following new item:
``Sec. 269C. Costs of certain actions relating to SILO and LILO
transactions.''.
(c) Effective Date.--The amendments made by this section shall
apply to costs incurred after the date of the introduction of this Act. | Close the SILO/LILO Loophole Act of 2009 - Amends the Internal Revenue Code to: (1) impose a 100% excise tax on any income or benefits received from a SILO (sale-in/lease-out) or LILO (lease-in/lease-out) transaction involving a financial institution and a public entity; and (2) deny a tax deduction for attorney fees or other costs incurred by a party to a SILO or LILO transaction seeking to enforce the terms of such transaction. | A bill to amend the Internal Revenue Code of 1986 to impose an excise tax on certain proceeds received on SILO and LILO transactions. |
SECTION 1. AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.
(a) Development and Implementation of System.--In order to provide
for the economic and efficient procurement of automatic data processing
equipment and other commercial items the Administrator of General
Services shall establish a program for the development and
implementation of a system to provide Governmentwide, on-line computer
access to information on products and services that are available for
ordering through multiple award schedules.
(b) Required Capabilities.--The system required by subsection (a)
shall be established as an element of the Federal acquisition computer
network (FACNET) architecture and shall, at a minimum--
(1) provide basic information on the prices, features, and
performance of all products and services available for ordering
through the multiple award schedules;
(2) provide for updating that information to reflect
changes in prices, features, and performance as soon as
information on the changes becomes available;
(3) enable users to make on-line computer comparisons of
the prices, features, and performance of similar products and
services offered by various vendors;
(4) enable users to place, and vendors to receive, on-line
computer orders for products and services available for
ordering through the multiple award schedules (up to the
maximum order limitation of the applicable schedule contract);
(5) enable ordering agencies to make payments to
contractors by bank card, electronic funds transfer, or other
automated methods in cases in which it is practicable and in
the interest of the Federal Government to do so; and
(6) archive data relating to each order placed against
multiple award schedule contracts using such system, including,
at a minimum, data on--
(A) the agency or office placing the order;
(B) the vendor receiving the order;
(C) the products or services ordered; and
(D) the total price of the order.
(c) Implementation.--
(1) Deadline for implementation.--The system required by
subsection (a) shall be implemented not later than January 1,
1998. If the level of the implementation of the FACNET
architecture on that date is insufficient to accommodate full
implementation of the features of the system described in
paragraphs (4) and (5) of subsection (b), the system shall, as
of that date, incorporate those features to the maximum extent
practicable consistent with the level of implementation of the
FACNET architecture.
(2) Certification of 90 percent implementation.--The
Administrator shall certify to Congress that the system
required by subsection (a) has been implemented at such time as
a system meeting the requirements of subsection (b) is in place
and accessible by at least 90 percent of the potential users in
the departments and agencies of the Federal Government.
(d) Relationship to Implementation of FACNET Capability.--Orders
placed against multiple award schedule contracts through the system
required by subsection (a) may be considered for purposes of the
determinations regarding implementation of a Governmentwide FACNET
capability under subsection (b) of section 30A of the Office of Federal
Procurement Policy Act (41 U.S.C. 426a) and implementation of full
FACNET capability under subsection (d) of such section.
SEC. 2. STREAMLINED PROCEDURES; PILOT PROGRAM.
(a) Contracting and Ordering Procedures.--
(1) Required procedures.--In order to provide for
compliance with provisions of law requiring the use of
competitive procedures in Federal Government procurement, the
procedures established by the Administrator of General Services
for the multiple award schedule program shall include
requirements for--
(A) participation in multiple award schedule
contracts to be open to all responsible and responsive
sources; and
(B) orders to be placed using a process which
results in the lowest overall cost alternative to meet
the needs of the Government, except in a case in which
a written determination is made (in accordance with
such procedures) that a different alternative would
provide a substantially better overall value to the
Government.
(2) Electronic ordering procedures.--The Administrator may
require offerors to agree to accept orders electronically
through the electronic exchange of procurement information in
order to be eligible for award of a multiple award schedule
contract.
(3) Commercial items procurements.--Regulations on the
acquisition of commercial items issued pursuant to section 8002
of the Federal Acquisition Streamlining Act of 1994 (Public Law
103-355; 108 Stat. 3386; 41 U.S.C. 264 note) shall apply to
multiple award schedule contracts.
(b) Pilot Program.--Within 90 days after the Administrator makes
the certification referred to in section 1(c)(2), the Administrator
shall establish a pilot program to test streamlined procedures for the
procurement of products and services available for ordering through the
multiple award schedules. The Administrator shall provide for the pilot
program to be applicable to all multiple award schedule contracts for
the purchase of automatic data processing equipment and to test the
following procedures:
(1) A procedure under which negotiation of the terms and
conditions for a covered multiple award schedule contract is
limited to terms and conditions other than price.
(2) A procedure under which the vendor establishes the
prices under a covered multiple award schedule contract and may
adjust those prices at any time in the discretion of the
vendor.
(3) A procedure under which a covered multiple award
schedule contract is awarded to any responsible and responsive
offeror that--
(A) has a suitable record of past performance on
Federal Government contracts, including multiple award
schedule contracts;
(B) agrees to terms and conditions that the
Administrator determines as being required by law or as
being appropriate for the purchase of commercial items;
and
(C) agrees to establish and update prices and to
accept orders electronically through the automated
system established pursuant to section 1.
(c) GAO Report.--
(1) Report required.--Not later than three years after the
date on which the pilot program is established, the Comptroller
General of the United States shall review the pilot program and
report to the Committee on Governmental Affairs of the Senate
and the Committee on Government Reform and Oversight of the
House of Representatives on the results of the pilot program.
(2) Content of report.--The report shall include the
following:
(A) An evaluation of the extent of the competition
for the orders placed under the pilot program.
(B) The effect of the pilot program on prices
charged under multiple award schedule contracts.
(C) The effect of the pilot program on paperwork
requirements for multiple award schedule contracts and
orders.
(D) The impact of the pilot program on small
businesses and socially and economically disadvantaged
small businesses.
(d) Termination of Pilot Program.--Unless reauthorized by Congress,
the authority of the Administrator to award contracts under the pilot
program shall expire four years after the date on which the pilot
program is established. Contracts entered into before the authority
expires shall remain in effect in accordance with their terms
notwithstanding the expiration of the authority to enter new contracts
under the pilot program.
SEC. 3. DEFINITIONS.
In this Act:
(1) Automatic data processing equipment.--The term
``automatic data processing equipment'' has the meaning given
the term in section 111(a) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(a)).
(2) Commercial item.--The term ``commercial item'' has the
meaning given the term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).
(3) FACNET architecture.--The term ``FACNET architecture''
refers to the Federal acquisition computer network architecture
developed and implemented pursuant to section 30 of the Office
of Federal Procurement Policy Act (40 U.S.C. 426) and has the
meaning given the term ``architecture'' in subsection (d) of
such section.
(4) Competitive procedures.--The term ``competitive
procedures'' has the meaning given the term in section 309(b)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 259(b)). | Directs the Administrator of General Services to establish a program through the use of the Federal acquisition computer network (FACNET) architecture to provide Government-wide, on-line computer access to information on products and services that are available for ordering through multiple award schedules.
Requires the inclusion of certain competitive bidding requirements in the multiple award schedule program.
Requires the Administrator to establish a four-year pilot program to test streamlined procedures for the procurement of products and services (including automatic data processing equipment) available for ordering through the multiple award schedules. Requires the Comptroller General to review the pilot program and report the results to specified congressional committees. | A bill to provide a streamlined contracting and ordering practices for automated data processing equipment and other commercial items. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategy and Effectiveness of
Foreign Policy and Assistance Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 108 of the National Security Act of 1947 (50
U.S.C. 404a) requires that the President shall transmit to
Congress each year a comprehensive report on the national
security strategy of the United States at the same time that
the President submits the budget for the following fiscal year
under section 1105 of title 31, United States Code.
(2) The national security strategy report sets forth the
national security strategy of the United States and includes a
comprehensive description and discussion of the worldwide
interests, goals, and objectives of the United States that are
vital to the national security of the United States and also
the proposed short-term and long-term uses of the political,
economic, military, and other elements of the national power of
the United States to protect or promote United States national
security interests.
(3) The Government Performance and Results Act of 1993
(Public Law 103-62) requires United States Government
departments and agencies to set goals, measure performance,
report on their accomplishments, establish long-term strategic
goals as well as annual goals, define clear missions and
desired outcomes, measure performance as a means of gauging
progress, and utilize performance information as a basis for
decisionmaking.
(4) Under the administration of President George W. Bush
and in accordance with the Government Performance and Results
Act of 1993, all United States Government departments and
agencies were required to conduct performance-based budgeting
and planning as guided by the Office of Management and Budget's
Program Assessment Rating Tool (PART), in order to ensure more
accurate assessment of program performance and to drive a
sustained focus on program results.
(5) In January 2006, Secretary of State Condoleezza Rice
stated that the United States foreign assistance structure
risks incoherent policies, ineffective programs, and wasted
resources when spending is not strategically tied to
overarching United States goals.
(6) The Department of State and the United States Agency
for International Development (USAID) developed a Joint
Strategic Plan for Fiscal Years 2007-2012, which outlines
strategic goals shared by both agencies, and implemented a
joint Department of State-USAID foreign assistance budget
process starting with the fiscal year 2008 budget request.
(7) In 2008, the Department of State approved plans for new
Department of State-USAID Country Assistance Strategies that
would take a comprehensive approach by including the efforts of
all United States agencies providing foreign assistance in a
country and by including an overall strategic approach for such
foreign assistance.
(8) The Department of State and USAID have participated in
a pilot performance-reporting program launched by the Office of
Budget and Management aimed at streamlining Federal agency
reporting while retaining ongoing efforts to directly integrate
budget and performance planning and reporting.
(9) USAID seeks to apply ``performance management'' by
implementing a five-step strategic management process that
includes mission performance plans, the Department of State and
USAID Joint Strategic Plan, annual reports, a performance and
accountability report, agency policy frameworks, and bureau
strategic frameworks.
(10) In the report entitled ``Foreign Aid Reform:
Comprehensive Strategy, Interagency Coordination, and
Operational Improvements Would Bolster Current Efforts'', the
Government Accountability Office found that, until the
Department of State develops and implements a comprehensive,
integrated United States foreign assistance strategy, it will
lack assurance that programs are strategically tied to
overarching United States goals and that, by basing its annual
operational plans and Country Assistance Strategies on a
standardized program structure, the Department of State was, in
fact, attempting to tie its planning and budgeting to strategic
foreign policy objectives.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) under the direction of the President, the Secretary of
State and the Administrator of the United States Agency for
International Development (USAID) should, to the maximum extent
practicable, make funding decisions on the basis of a long-term
strategy that addresses national security, diplomatic, and
foreign assistance objectives and needs of the United States;
and
(2) while steps already taken towards performance
management and budgeting by the Department of State and USAID
are commendable, there remains a need for budget requests for
the Department of State, USAID, and other foreign affairs
agencies to be more effectively integrated with national
security objectives and program evaluation and management.
SEC. 4. REPORT ON LONG-TERM STRATEGIES FOR UNITED STATES NATIONAL
SECURITY, DIPLOMACY, AND FOREIGN ASSISTANCE.
(a) Report Required.--On the date on which the President transmits
to Congress the comprehensive report on the national security strategy
of the United States under section 108 of the National Security Act of
1947 and the budget for the following fiscal year under section 1105 of
title 31, United States Code, the President shall transmit to the
Congress a comprehensive report on--
(1) the organizational structures of the Department of
State, the United States Agency for International Development
(USAID), and other foreign affairs agencies; and
(2) the extent to which the organizational structures of
such departments and agencies and United States foreign
assistance programs, budget plans, personnel decisions, and
public diplomacy are related to a long-term strategy that
advances national security objectives and needs of the United
States.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) An outline of the Department of State's and USAID's
staffing and operation of United States embassies, consulates,
and missions abroad and staffing and operation of the
Department of State's and USAID's headquarters and other
offices in the United States and an analysis of how decisions
relating to organization, staffing, and operations relate to
and advance specific objectives of the national security
strategy of the United States.
(2) A review of the means through which cooperation is
ensured between the Department of State and USAID and the
Departments of Defense, Homeland Security, Treasury, and
Commerce and the Office of the United States Trade
Representative, the Drug Enforcement Agency, and United States
intelligence agencies.
(3) An explanation of the scenarios for possible United
States responses to crisis management and long-term policy
challenges and of the processes by which the Department of
State develops such scenarios.
(4) Recommendations for improving the processes by which
the Department of State develops scenarios for possible United
States responses to crisis management and long-term policy
challenges in order to incorporate nontraditional threat
planning circumstances and input from other Federal departments
and agencies and nongovernmental organizations.
(c) Additional Matters To Be Included.--With respect to each
foreign assistance funding request of the Department of State, USAID,
and other foreign affairs agencies contained in the budget for the
following fiscal year under section 1105 of title 31, United States
Code, the report required by subsection (a) shall include the
following:
(1) The short-term and long-term justification for the
funding request.
(2) In the case of a funding request for a new program,
project, or activity or an increased funding request of an
existing program, project, or activity, a comprehensive
explanation of how and the extent to which the new or increased
funding will meet the requirements of this section.
SEC. 5. REORGANIZATION OF CERTAIN DEPARTMENT OF STATE AND USAID OFFICES
AND BUREAUS.
(a) Reorganization.--In furtherance of the objectives and
requirements of this Act, the President shall take such actions as are
necessary to integrate the offices and bureaus described in subsection
(b) into a single office in the Department of State to be known as the
Office of Long-Term Planning and Resource Management.
(b) Offices and Bureaus Described.--The offices and bureaus
described in this subsection shall include the following:
(1) The Office of Policy Planning, the Office of Resource
Management, and the Office of the Director of Foreign
Assistance of the Department of State.
(2) The Bureau of Budget/Performance/Accountability of the
United States Agency for International Development.
SEC. 6. REPORT ON PERFORMANCE-BASED BUDGETING BY THE DEPARTMENT OF
STATE, USAID, AND OTHER FOREIGN AFFAIRS AGENCIES.
(a) Report Required.--On the date on which the President transmits
to Congress the comprehensive report on the national security strategy
of the United States under section 108 of the National Security Act of
1947, the budget for the following fiscal year under section 1105 of
title 31, United States Code, and the report required by section 4 of
this Act, the Comptroller General of the United States shall submit to
the specified congressional committees a report on--
(1) uses by the Department of State, the United States
Agency for International Development, and other foreign affairs
agencies of performance-based or performance management
budgeting with respect to foreign assistance programs,
projects, and activities;
(2) the relation of such performance-based or performance
management budgeting to the requirements under the Government
Performance and Results Act of 1993 and the requirements under
this Act; and
(3) recommendations for improving such performance-based or
performance management budgeting.
(b) Specified Congressional Committees.--The congressional
committees specified in subsection (a) are--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate. | Strategy and Effectiveness of Foreign Policy and Assistance Act of 2009 - Directs the President to report to Congress regarding: (1) the organizational structures of the Department of State, the United States Agency for International Development (USAID), and other foreign affairs agencies; and (2) the extent to which the organizational structures of such departments and agencies and U.S. foreign assistance programs, budget plans, personnel decisions, and diplomacy are related to long-term U.S. security strategy.
Directs the President to take actions necessary to integrate the following offices and bureaus into a single Department office to be known as the Office of Long-Term Planning and Resource Management: (1) the Office of Policy Planning, the Office of Resource Management, and the Office of the Director of Foreign Assistance of the Department of State; and (2) the Bureau of Budget/Performance/Accountability of USAID. | To require the use of long-term strategies for United States national security, diplomacy, and foreign assistance and the full use of performance-based budgeting for foreign assistance programs, projects, and activities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating American Jobs through
Exports Act of 2011''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) President Barack Obama launched the National Export
Initiative under Executive Order 13534 (75 Fed. Reg. 12433), an
ambitious plan to double exports within 5 years and boost the
dominant goods, agriculture, and services sectors of the United
States by leveraging the power of global markets to create more
jobs in the United States.
(2) The United States leads all other countries with
respect to the exportation of goods and services, with total
exports valued at almost $1,600,000,000,000 in 2009.
(3) Exports of goods and services from the United States
supported more than 10,000,000 jobs in 2008.
(4) United States exports exceeded 12 percent of the gross
domestic product in the first half of 2010.
(5) Ninety-five percent of the world population lives
outside the United States, and it is essential that businesses
based in the United States have the ability to access global
customers on a level playing field.
(6) Exports from the United States face barriers at every
turn and a recent study found that exports from 120 other
countries face fewer barriers than exports from the United
States, effectively making goods manufactured in the United
States, corn, hogs, and soybeans raised in the United States,
and services based in the United States more expensive than
comparable exports from other countries.
(7) Ninety percent of products imported into the United
States from Colombia and Panama enter the United States duty-
free, while the 10,000 United States businesses, 85 percent of
which are small- or medium-sized businesses, that export to
those markets face high tariffs.
(8) The Office of the United States Trade Representative
estimates that the pending United States-Korea Free Trade
Agreement will increase annual exports of goods from the United
States by up to $11,000,000,000, support at least 70,000 jobs
in the United States, and allow providers of services based in
the United States to compete in the services market of South
Korea, which is valued at more than $500,000,000,000.
(9) The European Union, whose companies compete head-to-
head with United States employers globally, has completed free
trade negotiations with Colombia, South Korea, and Panama, and
delay in the implementation of the free trade agreements
between those countries and the United States will result in a
loss in the competitiveness of exports from United States in
those markets when those countries' agreements with the
European Union go into effect.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should continue the National Export
Initiative to increase global export and investment
opportunities for the businesses that create jobs in the United
States; and
(2) the President should submit the United States-Korea
Free Trade Agreement, the United States-Colombia Trade
Promotion Agreement, and the United States-Panama Trade
Promotion Agreement to Congress, and Congress should approve
those agreements, to create jobs in the United States and
stimulate the economy by eliminating the barriers to trade
faced by United States exports that result in the loss of jobs
in the United States.
SEC. 3. RENEWAL OF TRADE PROMOTION AUTHORITY.
(a) In General.--Section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3803) is amended--
(1) in subsection (a)(1), by striking subparagraph (A) and
inserting the following:
``(A) may enter into trade agreements with foreign
countries--
``(i) on and after the date of the
enactment of the Creating American Jobs through
Exports Act of 2011 and before July 1, 2016; or
``(ii) on and after July 1, 2016, and
before July 1, 2018, if trade authorities
procedures are extended under subsection (c);
and'';
(2) in subsection (b)(1), by striking subparagraph (C) and
inserting the following:
``(C) The President may enter into a trade agreement under
this paragraph--
``(i) on and after the date of the enactment of the
Creating American Jobs through Exports Act of 2011 and
before July 1, 2016; or
``(ii) on and after July 1, 2016, and before July
1, 2018, if trade authorities procedures are extended
under subsection (c).''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``before July 1, 2005'' and inserting ``on and
after the date of the enactment of the Creating
American Jobs through Exports Act of 2011 and
before July 1, 2016''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``after June 30, 2005,
and before July 1, 2007'' and inserting
``on or after July 1, 2016, and before
July 1, 2018''; and
(II) in clause (ii), by striking
``July 1, 2005'' and inserting ``July
1, 2016'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``April 1, 2005'' and
inserting ``April 1, 2016'';
(C) in paragraph (3)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``June 1,
2005'' and inserting ``June 1, 2016''; and
(ii) in subparagraph (B)--
(I) by striking ``June 1, 2005''
and inserting ``June 1, 2016''; and
(II) by striking ``the date of
enactment of this Act'' and inserting
``the date of the enactment of the
Creating American Jobs through Exports
Act of 2011''; and
(D) in paragraph (5), by striking ``June 30, 2005''
each place it appears and inserting ``June 30, 2016''.
(b) Treatment of Certain Trade Agreements for Which Negotiations
Have Already Begun.--Section 2106 of the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3806) is amended by striking
``applies--'' and all that follows through the end period and inserting
``applies results from negotiations that were commenced before the date
of the enactment of the Creating American Jobs through Exports Act of
2011, subsection (b) shall apply.''. | Creating American Jobs through Exports Act of 2011 - Expresses the sense of Congress that the President should: (1) continue the National Export Initiative to increase global export and investment opportunities for U.S. businesses that create jobs in the United States; and (2) submit the United States-Korea Free Trade Agreement, the United States-Colombia Trade Promotion Agreement, and the United States-Panama Trade Promotion Agreement to Congress, and Congress should approve them, to create U.S. jobs and stimulate the economy by eliminating trade barriers faced by U.S. exports that result in loss of jobs in the United States.
Amends the Bipartisan Trade Promotion Authority Act of 2002 to authorize the President to enter into trade agreements with foreign countries regarding tariff and nontariff trade barriers: (1) on and after enactment of this Act and before July 1, 2016; or (2) on and after July 1, 2016, and before July 1, 2018, if certain congressional trade authorities procedures for implementing trade bills are extended for such period.
Applies certain congressional and presidential trade authorities requirements to trade agreements that resulted from negotiations commenced before enactment of this Act. | A bill to renew trade promotion authority, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kentucky National Forest Land
Transfer Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the United States owns over 40,000 acres of land and
mineral rights administered by the Tennessee Valley Authority
within the Daniel Boone National Forest in the State of
Kentucky;
(2) the land and mineral rights were acquired by the
Tennessee Valley Authority for purposes of power production
using funds derived from ratepayers;
(3) the management of the land and mineral rights should be
carried out in accordance with the laws governing the
management of national forests; and
(4) the Tennessee Valley Authority, on behalf of the
ratepayers of the Authority, should be reasonably compensated
for the land and mineral rights of the Authority transferred
within the Daniel Boone National Forest.
(b) Purposes.--The purposes of this Act are--
(1) to transfer administrative jurisdiction over land of
the Tennessee Valley Authority within the Daniel Boone National
Forest to the Secretary of Agriculture; and
(2) to compensate the Tennessee Valley Authority for the
reasonable value of the transfer of jurisdiction.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered land.--
(A) In general.--The term ``covered land'' means
all land and interests in land owned or managed by the
Tennessee Valley Authority within the boundaries of the
Daniel Boone National Forest in the State of Kentucky
that are transferred under this Act, including surface
and subsurface estates.
(B) Exclusions.--The term ``covered land'' does not
include any land or interest in land owned or managed
by the Tennessee Valley Authority for the transmission
of water, gas, or power, including power line easements
and associated facilities.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER COVERED LAND.
(a) In General.--All covered land is transferred to the
administrative jurisdiction of the Secretary to be managed in
accordance with the laws (including regulations) pertaining to the
National Forest System.
(b) Authority of Secretary of Interior Over Mineral Resources.--The
transfer of the covered land shall be subject to the authority of the
Secretary of the Interior with respect to mineral resources underlying
National Forest System land, including laws pertaining to mineral
leasing and the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 et seq.).
(c) Surface Mining.--No surface mining shall be permitted with
respect to any covered land except as provided under section 522(e)(2)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1272(e)(2)).
SEC. 5. MONETARY CREDITS.
(a) In General.--In consideration for the transfer provided under
section 4, the Secretary of the Interior shall provide to the Tennessee
Valley Authority monetary credits with a value of $4,000,000 that may
be used for the payment of--
(1) not more than 50 percent of the bonus or other payments
made by successful bidders in any sales of mineral, oil, gas,
or geothermal leases in the contiguous 48 States under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(B) the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.); or
(C) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.);
(2) not more than 10 percent of the bonus or other payments
made by successful bidders in any sales of mineral, oil, gas,
or geothermal leases in the State of Alaska under the laws
referred to in paragraph (1);
(3) not more than 50 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil, gas, or geothermal lease in the contiguous 48
States issued under the laws referred to in paragraph (1); or
(4) not more than 10 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil, gas, or geothermal lease in the State of
Alaska issued under the laws referred to in paragraph (1).
(b) Value of Credits.--The total amount of credits provided under
subsection (a) shall be considered equal to the fair market value of
the covered land.
(c) Acceptance of Credits.--
(1) In general.--The Secretary of the Interior shall accept
credits provided under subsection (a) in the same manner as
cash for the payments described under subsection (a).
(2) Use of credits.--The use of the credits shall be
subject to the laws (including regulations) governing such
payments, to the extent the laws are consistent with this
section.
(d) Treatment of Credits for Distribution to States.--All credits
accepted by the Secretary of the Interior under subsection (c) for the
payments described in subsection (a) shall be considered to be money
received for the purpose of section 35 of the Mineral Leasing Act (30
U.S.C. 191) and section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
(e) Exchange Account.--
(1) Establishment.--Notwithstanding any other provision of
law, not later than 60 days after the date of enactment of this
Act, the Secretary of the Interior shall establish an exchange
account for the Tennessee Valley Authority for the monetary
credits provided under subsection (a).
(2) Administration.--The account shall--
(A) be established with the Minerals Management
Service of the Department of the Interior; and
(B) have an initial balance of credits equal to
$4,000,000.
(3) Use of credits.--
(A) In general.--The credits shall be available to
the Tennessee Valley Authority for the purposes
described in subsection (a).
(B) Adjustment of balance.--The Secretary of the
Interior shall adjust the balance of credits in the
account to reflect credits accepted by the Secretary of
the Interior under subsection (c).
(f) Transfer or Sale of Credits.--
(1) In general.--The Tennessee Valley Authority may
transfer or sell any credits in the account of the Authority to
another person or entity.
(2) Use of transferred credits.--Credits transferred or
sold under paragraph (1) may be used in accordance with this
subsection only by a person or entity that is qualified to bid
on, or that holds, a mineral, oil, or gas lease under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(B) the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.); or
(C) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.).
(3) Notification.--
(A) In general.--Not later than 30 days after the
transfer or sale of any credits, the Tennessee Valley
Authority shall notify the Secretary of the Interior of
the transfer or sale.
(B) Validity of transfer or sale.--The transfer or
sale of any credit shall not be valid until the
Secretary of the Interior has received the notification
required under subparagraph (A).
(4) Time limit on use of credits.--
(A) In general.--On the date that is 5 years after
the date on which an account is established for the
Tennessee Valley Authority under subsection (e), the
Secretary of the Interior shall terminate the account.
(B) Unused credits.--Any credits that originated in
the terminated account and have not been used as of the
termination date, including any credits transferred or
sold under this subsection, shall expire.
SEC. 6. EXISTING AUTHORIZATIONS.
(a) In General.--Nothing in this Act affects any valid existing
rights under any lease, permit, or other authorization by the Tennessee
Valley Authority on covered land in effect before the date of enactment
of this Act.
(b) Renewal.--Renewal of any existing lease, permit, or other
authorization on covered land shall be at the discretion of the
Secretary on terms and conditions determined by the Secretary.
SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Definitions.--In this section:
(1) Environmental law.--
(A) In general.--The term ``environmental law''
means all applicable Federal, State, and local laws
(including regulations) and requirements related to
protection of human health, natural or cultural
resources, or the environment.
(B) Inclusions.--The term ``environmental law''
includes--
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(v) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vii) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(viii) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(2) Hazardous substance, pollutant or contaminant, release,
and response action.--The terms ``hazardous substance'',
``pollutant or contaminant'', ``release'', and ``response
action'' have the meanings given the terms in section 101 and
other provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(b) Documentation of Existing Conditions.--
(1) In General.--Not later than 60 days after the date of
enactment of this Act, the Tennessee Valley Authority shall
provide the Secretary all documentation and information that
exists on the environmental condition of the land and waters
comprising the covered land.
(2) Additional documentation.--The Tennessee Valley
Authority shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the covered land as such documentation and
information becomes available.
(c) Action Required.--
(1) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Tennessee Valley Authority shall
provide to the Secretary an assessment indicating what action,
if any, is required under any environmental law on covered
land.
(2) Memorandum of understanding.--If the assessment
concludes that action is required under any environmental law
with respect to any portion of the covered land, the Secretary
and the Tennessee Valley Authority shall enter into a
memorandum of understanding that--
(A) provides for the performance by the Tennessee
Valley Authority of the required actions identified in
the assessment; and
(B) includes a schedule providing for the prompt
completion of the required actions to the satisfaction
of the Secretary.
(d) Documentation Demonstrating Action.--The Tennessee Valley
Authority shall provide the Secretary with documentation demonstrating
that all actions required under any environmental law have been taken,
including all response actions that are necessary to protect human
health and the environment with respect to any hazardous substance,
pollutant or contaminant, hazardous waste, hazardous material, or
petroleum product or derivative of a petroleum product on covered land.
(e) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of covered land under this
Act, and the requirements of this section, shall not affect the
responsibilities and liabilities of the Tennessee Valley
Authority under any environmental law.
(2) Access.--The Tennessee Valley Authority shall have
access to the property that may be reasonably required to carry
out a responsibility or satisfy a liability referred to in
paragraph (1).
(3) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the transfer of covered land under this Act as the Secretary
considers to be appropriate to protect the interest of the
United States concerning the continuation of any
responsibilities and liabilities under any environmental law.
(4) No effect on responsibilities or liabilities.--Nothing
in this Act affects, directly or indirectly, the
responsibilities or liabilities under any environmental law of
any person with respect to the Secretary.
(f) Other Federal Agencies.--Subject to the other provisions of
this section, a Federal agency that carried or carries out operations
on covered land resulting in the release or threatened release of a
hazardous substance, pollutant or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a petroleum
product for which that agency would be liable under any environmental
law shall pay--
(1) the costs of related response actions; and
(2) the costs of related actions to remediate petroleum
products or their derivatives. | Subjects the transfer of such lands to the authority of the Secretary of the Interior with respect to mineral resources underlying National Forest System Land, including mineral leasing laws and the Surface Mining Control and Reclamation Act of 1977.
Prohibits surface mining with respect to the lands except as provided in such Act.
Requires the Secretary of the Interior to provide to TVA specified monetary credits in consideration for the transfer. | Kentucky National Forest Land Transfer Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waters of the United States
Regulatory Overreach Protection Act of 2014''.
SEC. 2. RULES AND GUIDANCE.
(a) Identification of Waters Protected by the Clean Water Act.--
(1) In general.--The Secretary and the Administrator are
prohibited from--
(A) developing, finalizing, adopting, implementing,
applying, administering, or enforcing--
(i) the proposed rule described in the
notice of proposed rule published in the
Federal Register entitled ``Definition of
`Waters of the United States' Under the Clean
Water Act'' (79 Fed. Reg. 22188 (April 21,
2014)); or
(ii) the proposed guidance submitted to the
Office of Information and Regulatory Affairs of
the Office of Management and Budget for
regulatory review under Executive Order 12866,
entitled ``Guidance on Identifying Waters
Protected By the Clean Water Act'' and dated
February 17, 2012 (referred to as ``Clean Water
Protection Guidance'', Regulatory Identifier
Number (RIN) 2040-ZA11, received February 21,
2012); or
(B) using the proposed rule or proposed guidance
described in subparagraph (A), any successor document,
or any substantially similar proposed rule or guidance,
as the basis for any rulemaking or decision regarding
the scope or enforcement of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
(2) Use of rules and guidance.--The use of the proposed
rule or proposed guidance described in paragraph (1)(A), any
successor document, or any substantially similar proposed rule
or guidance, as the basis for any rulemaking or decision
regarding the scope or enforcement of the Federal Water
Pollution Control Act shall be grounds for vacating the final
rule, decision, or enforcement action.
(b) Exemption for Certain Agricultural Conservation Practices.--
(1) In general.--The Secretary and the Administrator are
prohibited from developing, finalizing, adopting, implementing,
applying, administering, or enforcing the interpretive rule
described in the notice of availability published in the
Federal Register entitled ``Notice of Availability Regarding
the Exemption from Permitting Under Section 404(f)(1)(A) of the
Clean Water Act to Certain Agricultural Conservation
Practices'' (79 Fed. Reg. 22276 (April 21, 2014)).
(2) Withdrawal.--The Secretary and the Administrator shall
withdraw the interpretive rule described in paragraph (1), and
such interpretive rule shall have no force or effect.
(3) Application.--Section 404(f)(1)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(f)(1)(A)) shall be
applied without regard to the interpretive rule described in
paragraph (1).
SEC. 3. FEDERALISM CONSULTATION.
(a) In General.--The Secretary and the Administrator shall jointly
consult with relevant State and local officials to develop
recommendations for a regulatory proposal that would, consistent with
applicable rulings of the United States Supreme Court, identify--
(1) the scope of waters covered under the Federal Water
Pollution Control Act; and
(2) the scope of waters not covered under such Act.
(b) Consultation Requirements.--In developing the recommendations
under subsection (a), the Secretary and the Administrator shall--
(1) provide relevant State and local officials with notice
and an opportunity to participate in the consultation process
under subsection (a);
(2) seek to consult State and local officials that
represent a broad cross-section of regional, economic, and
geographic perspectives in the United States;
(3) emphasize the importance of collaboration with and
among the relevant State and local officials;
(4) allow for meaningful and timely input by State and
local officials;
(5) be respectful of maintaining the Federal-State
partnership in implementing the Federal Water Pollution Control
Act;
(6) take into consideration the input of State and local
officials regarding matters involving differences in State and
local geography, hydrology, climate, legal frameworks,
economies, priorities, and needs;
(7) promote transparency in the consultation process under
subsection (a); and
(8) explore with State and local officials whether Federal
objectives under the Federal Water Pollution Control Act can be
attained by means other than through a new regulatory proposal.
(c) Reports.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary and the Administrator
shall publish in the Federal Register a draft report describing
the recommendations developed under subsection (a).
(2) Consensus requirement.--The Secretary and the
Administrator may include a recommendation in the draft report
only if consensus has been reached with regard to the
recommendation among the Secretary, the Administrator, and the
State and local officials consulted under subsection (a).
(3) Failure to reach consensus.--If the Secretary, the
Administrator, and the State and local officials consulted
under subsection (a) fail to reach consensus on a regulatory
proposal, the draft report shall identify that consensus was
not reached and describe--
(A) the areas and issues where consensus was
reached;
(B) the areas and issues of continuing disagreement
that resulted in the failure to reach consensus; and
(C) the reasons for the continuing disagreements.
(4) Duration of review.--The Secretary and the
Administrator shall provide not fewer than 180 days for the
public review and comment of the draft report.
(5) Final report.--The Secretary and the Administrator
shall, in consultation with the relevant State and local
officials, address any comments received under paragraph (4)
and prepare a final report describing the final results of the
consultation process under subsection (a).
(d) Submission of Report to Congress.--Not later than 24 months
after the date of enactment of this Act, the Secretary and the
Administrator shall jointly submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate and make publicly available
the final report prepared under subsection (c)(5).
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) State and local officials.--The term ``State and local
officials'' means elected or professional State and local
government officials or their representative regional or
national organizations.
Passed the House of Representatives September 9, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Waters of the United States Regulatory Overreach Protection Act of 2014 - Prohibits the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) from: developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed rule entitled, "Definition of 'Waters of the United States' Under the Clean Water Act," issued on April 21, 2014, or the proposed guidance entitled, "Guidance on Identifying Waters Protected By the Clean Water Act," dated February 17, 2012; or using the proposed rule or proposed guidance, any successor document, or any substantially similar proposed rule or guidance as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the Army Corps and the EPA to withdraw the interpretive rule entitled, "Notice of Availability Regarding the Exemption from Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices," issued on April 21, 2014. Requires the Army Corps and the EPA to: (1) consult with relevant state and local officials to develop recommendations for a regulatory proposal that would identify the scope of waters covered under the Clean Water Act and the scope of waters not covered; (2) provide for the public review and comment of a draft report that includes a recommendation only if consensus has been reached with regard to the recommendation among the Army Corps, the EPA, and state and local officials; (3) publish a final report; and (4) report to Congress on the recommendations. | Waters of the United States Regulatory Overreach Protection Act of 2014 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Credit Card Reform Act of 2008''.
SEC. 2. PROTECTION OF YOUNG CONSUMERS FROM PRESCREENED CREDIT OFFERS.
(a) In General.--Section 604(c)(1)(B) of the Fair Credit Reporting
Act (15 U.S.C. 1681b(c)(1)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end; and
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) the consumer report indicates that the
consumer is age 21 or older, except that a consumer who
is at least 18 years of age may elect, in accordance
with subsection (e)(7), to authorize the consumer
reporting agency to include the name and address of the
consumer in any list of names provided by the agency
pursuant to this paragraph.''.
(b) Opt-in for Young Consumers.--Section 604(e) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(e)) is amended--
(1) by striking the subsection heading and inserting the
following:
``(e) Election of Consumers Regarding Lists.--''; and
(2) by adding at the end the following:
``(7) Opt-in for underage consumers.--
``(A) In general.--A consumer who is at least 18
years of age, but has not attained his or her 21st
birthday may elect to have the name and address of the
consumer included in any list provided by a consumer
reporting agency under subsection (c)(1)(B) in
connection with a credit or insurance transaction that
is not initiated by the consumer by notifying the
agency in accordance with subparagraph (B) that the
consumer consents to the use of a consumer report
relating to the consumer in connection with any credit
or insurance transaction that is not initiated by the
consumer.
``(B) Manner of notification.--An election by a
consumer described in subparagraph (A) shall be in
writing, using a signed notice of election form issued
or made available electronically by the agency at the
request of the consumer for purposes of this paragraph.
``(C) Effectiveness of election.--An election by a
consumer under subparagraph (A) to be included in a
list provided by a consumer reporting agency shall be
effective--
``(i) until the earlier of--
``(I) the 21st birthday of the
consumer; or
``(II) the date on which the
consumer notifies the agency, through
the notification system established by
the agency under paragraph (5), that
the election is no longer effective;
and
``(ii) with respect to each affiliate of
the agency.
``(D) Rule of construction.--An election by a
consumer under subparagraph (A) to be included in a
list provided by a consumer reporting agency may not be
construed to limit the applicability of this subsection
to any person age 21 or older, and such person may
elect to be excluded from any such list after the
attainment of his or her 21st birthday in the manner
otherwise provided under this subsection.''.
SEC. 3. PROHIBITION ON UNILATERAL CHANGES IN CREDIT CARD AGREEMENTS.
(a) In General.--Chapter 4 of the Truth in Lending Act (15 U.S.C.
1666 et seq.) is amended--
(1) by redesignating section 171 as section 172; and
(2) by inserting after section 170 the following:
``Sec. 171. Prohibition on unilateral changes in credit card agreements
``(a) In General.--Except as permitted under section 163(b), a
credit card issuer may not amend or change the terms of a credit card
contract or agreement under an open end consumer credit plan--
``(1) prior to the scheduled--
``(A) expiration of such contract or agreement; or
``(B) renewal date of such contract or agreement;
and
``(2) until such time as the issuer has disclosed all the
amendments and changes to the terms of such contract or
agreement to the cardholder in any disclosure or statement
required under section 127(d).
``(b) Authority to Payoff Balances.--A cardholder shall have the
right to repay all existing balances on a credit card account that is
terminated or expires under the terms of such account in effect prior
to such termination or expiration.
``(c) Construction.--Termination of an account due refusal to renew
the account or to failure to agree to a change in terms shall not
constitute a default under an existing credit card contract or
agreement under an open end consumer credit plan, and shall not trigger
an obligation of the cardholder to immediately repay the obligation in
full.''.
(b) Conforming Change in Disclosures Prior to Renewal.--Section
127(d) of the Truth in Lending Act (15 U.S.C. 1637(d)) is amended--
(1) in paragraph (1)--
(A) by inserting ``, or that has made any change in
the terms of the consumer's credit or charge card
contract or agreement since the previous scheduled
renewal date,'' after ``or (c)(4)(A)(i)'';
(B) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (C), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(D) any changes or amendments in the terms of the
consumer's credit or charge card contract or agreement
since the previous scheduled renewal date.''; and
(2) in paragraph (2)(A), by striking ``The disclosures
required'' and inserting ``If no changes have been made to the
contract or agreement since the previously scheduled renewal
date, the disclosures required''.
(c) Clerical Amendment.--The table of sections for chapter 4 of the
Truth in Lending Act (15 U.S.C. 1666 et seq.) is amended by inserting
after the item relating to section 170 the following new item:
``171. Prohibition on unilateral changes in credit card agreements.''.
SEC. 4. STOPPING UNFAIR INTEREST RATES AND FEES.
Section 163 of the Truth in Lending Act (15 U.S.C. 1666b) is
amended--
(1) by striking the section title and all that follows
through ``If an open'' and inserting the following:
``Sec. 163. Billing period and finance charges
``(a) Billing Period.--
``(1) Fourteen-day minimum.--If an open'';
(2) by striking ``(b) Excusable Cause.--Subsection (a)''
and inserting the following:
``(2) Excusable cause.--Subsection (a)''; and
(3) by adding at the end the following:
``(b) Limits on Interest Rate Increases.--
``(1) In general.--With respect to a credit card account
under an open end consumer credit plan, the creditor shall not
increase any annual percentage rate, fee, or finance charge
prior to the scheduled renewal date of the plan, unless--
``(A) such increase is pursuant to the expiration
of an introductory rate, fee, or finance charge which
was disclosed under section 127(c)(6);
``(B) such increase is pursuant to the application
of a variable rate which was disclosed under section
127(c)(1)(A)(i)(II); or
``(C) such increase is pursuant to the application
of a penalty rate which was disclosed under subsections
(a)(4) and (c)(1)(A)(i) of section 127.
``(2) Reasons for penalty interest rate increase.--A
creditor may impose an increase in the annual percentage rate
as a penalty only for specific, material actions or omissions
of a consumer in violation of the credit card account contract
or agreement that are directly related to such account and that
are specified in the contract or agreement as grounds for an
increase. Information not directly related to the credit card
account of the consumer, including adverse information
concerning the consumer, information in any consumer report (as
that term is defined in section 603 of the Fair Credit
Reporting Act), or changes in the credit score of the consumer
do not for purposes of this paragraph constitute a specific,
material reason.
``(3) Limit on penalty interest rate.--A creditor may not
apply as a penalty, in accordance with the provisions of
paragraph (2), an increase in the annual percentage rate in
excess of 7 percentage points above the interest rate that was
in effect with respect to a consumer's credit card account on
the date immediately preceding the first such penalty increase
for such account.
``(c) Ban on Retroactive Rate Increases.--With respect to a credit
card account under an open end consumer credit plan, if the creditor
increases the periodic interest rate applicable to an extension of
credit under the account, other than the expiration of an introductory
rate or an increase in a variable rate, such increased rate shall apply
only to extensions of credit made on and after the date of such
increase under the account, and any extension of credit under such
account made before the date of such increase shall continue to incur
interest at the rate that was in effect on the date prior to the date
of the increase.''.
SEC. 5. CAP ON FEES CHARGED BY CREDITORS.
(a) In General.--Section 164 of the Truth in Lending Act (15 U.S.C.
1666c) is amended--
(1) by striking ``Payments received'' and inserting ``(a)
In General.--Payments received''; and
(2) by adding at the end the following:
``(b) Limitations on Late Payment Fees and Other Adverse
Consequences.--
``(1) In general.--If a late payment fee is to be imposed
with respect to a credit card account under an open end
consumer credit plan due to the failure of the consumer to make
payment on or before a required payment due date, the credit
card issuer shall state clearly and conspicuously on the
billing statement--
``(A) the date on which the payment must be
postmarked, if paid by mail, or the date on which a
consumer must initiate a payment using an electronic
fund transfer (as defined under section 903 of the
Electronic Fund Transfers Act), in order to avoid the
imposition of a late fee with respect to the payment;
and
``(B) the amount of the late payment fee to be
imposed if payment is late.
``(2) Limitation.--No card issuer may, with respect to a
credit card account under an open end consumer credit plan,
impose a late payment fee, raise the annual percentage rate on
the credit card account for late payment, or impose other
adverse consequences for late payment if the cardholder's
payment is postmarked, received, or initiated electronically,
on or before the required date stated in accordance with
paragraph (1)(A).
``(3) Cap on fees.--
``(A) In general.--The amount of any fee or charge
that a credit card issuer may impose in connection with
any default, omission, or violation of the cardholder
agreement, including any late payment fee, over the
limit fee, increase in the applicable annual percentage
rate, or any similar fee or charge, may not exceed an
amount that is reasonably related to the cost to the
card issuer of such default, omission, violation, or
similar event.
``(B) Rulemaking.--The Board shall promulgate
regulations to carry out the limitation described in
subparagraph (A).''.
(b) Conforming Amendment.--Section 127(b) of the Truth in Lending
Act (15 U.S.C. 1637(b)) is amended by striking paragraph (12).
SEC. 6. VERIFICATION OF ABILITY TO PAY CREDIT OBLIGATIONS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by adding at the end the following:
``(i) Verification of Ability To Pay.--
``(1) In general.--A credit card issuer may not open any
credit card account for any person under an open end consumer
credit plan, or increase any credit limit applicable to such an
account, unless the credit card issuer has determined, at the
time at which the account is opened or the credit limit
increased, that the consumer will be able to make the scheduled
payments under the terms of the transaction, based on a
consideration of their current and expected income, current
obligations, and employment status.
``(2) Regulations.--The Board shall prescribe, by
regulation, the appropriate formula for determining the ability
of a consumer to pay and the criteria to be considered in
making any such determination for purposes of this subsection.
``(3) Prohibitions.--The Board, by regulation or order,
shall prohibit acts or practices in connection with any credit
card account under an open end consumer credit plan--
``(A) that the Board finds to be unfair, deceptive,
or designed to evade the provisions of this title; and
``(B) that the Board finds to be associated with
abusive lending practices, or that are otherwise not in
the interest of the consumer.''.
SEC. 7. CURBING DECEPTIVE CREDIT CARD OFFERS.
Section 603(l) of the Fair Credit Reporting Act (15 U.S.C.
1681a(l)) is amended to read as follows:
``(l) Firm Offer of Credit or Insurance.--
``(1) In general.--The term `firm offer of credit or
insurance' means any offer of credit or insurance to a consumer
that specifies all material terms and will be honored if the
consumer is determined, based on information in a consumer
report on the consumer, to meet the specific criteria used to
select the consumer for the offer.
``(2) Required disclosures in offers of credit.--In the
case of a firm offer of credit, the offer shall set forth the
specific annual percentage rate, fees, and amount of credit or
credit limit applicable to the offer.
``(3) Acceptable conditions.--A firm offer of credit or
insurance to a consumer may be further conditioned on 1 or more
of the following:
``(A) Verification that the consumer continues to
meet the specific criteria used to select the consumer
for the offer, by using information in a consumer
report on the consumer, information in the consumer's
application for the credit or insurance, or other
information bearing on the credit worthiness or
insurability of the consumer.
``(B) The consumer furnishing any collateral that
is a requirement for the extension of the credit or
insurance that was--
``(i) established before selection of the
consumer for the offer of credit or insurance;
and
``(ii) disclosed to the consumer in the
offer of credit or insurance.''.
SEC. 8. EFFECTIVE DATES.
The amendments made by sections 3, 4, 5, 6, and 7 of this Act shall
take effect 6 months after the date of enactment of this Act, except
that the Board of Governors for the Federal Reserve System shall begin
to propose such regulations as may be appropriate to implement such
amendments on or after the date of enactment of this Act. | Credit Card Reform Act of 2008 - Amends the Fair Credit Reporting Act to permit a consumer reporting agency to furnish a consumer report in connection with any credit or insurance transaction that is not initiated by the consumer only if the report indicates that the consumer is age 21 or older. Allows 18-year olds to elect to have their name and address included in any agency list.
Amends the Truth in Lending Act to prohibit a credit card issuer from changing the terms of a credit card under an open end consumer credit plan: (1) before the scheduled contract expiration or renewal date; and (2) until the issuer has published all contract changes in any mandatory disclosures.
Establishes a cardholder right to repay all existing balances on a terminated or expired credit card account under the terms of the account in effect before the termination or expiration.
Imposes limits upon increases of interest rates and finance charges on a credit card account before its scheduled renewal date.
Permits an increase in the annual percentage rate (APR) as a penalty only for specific, material contract violations of a consumer directly related to the account that are specified in the contract as grounds for an increase.
Bans retroactive rate increases.
Prohibits a credit card issuer from imposing adverse consequences for late payment if the cardholder's payment is postmarked or initiated by electronic funds transfer on or before the required postmark date.
Requires a credit card issuer to verify, when the account is opened or the credit limit increased, that the consumer will be able to make the scheduled payments, based on a consideration of current and expected income, current obligations, and employment status.
Amends the Fair Credit Reporting Act to redefine "firm offer of credit or insurance" to require the offer to specify all material terms, including APR, fees, and the applicable amount of credit or credit limit. | A bill to protect consumers, and especially young consumers, from skyrocketing credit card debt, unfair credit card practices, and deceptive credit offers. |
SECTION 1. EVALUATION OF OUTCOME OF WELFARE REFORM AND FORMULA FOR
BONUSES TO HIGH PERFORMANCE STATES.
(a) Additional Measures of State Performance.--Section 403(a)(4)(C)
of the Social Security Act (42 U.S.C. 603(a)(4)(C)) is amended--
(1) by striking ``Not later'' and inserting the following:
``(i) In general.--Not later'';
(2) by inserting ``The formula shall provide for the
awarding of grants under this paragraph based on criteria
contained in clause (ii) and in accordance with clauses (iii)
and (iv).'' after the period; and
(3) by adding at the end the following:
``(ii) Formula criteria.--The grants
awarded under this paragraph shall be based on
the following:
``(I) Employment-related
measures.--Employment-related measures,
including work force entries, job
retention, increases in earnings of
recipients and former recipients of
assistance under the State program
funded under this part.
``(II) Food stamps measures.--The
change since 1995 in the proportion of
children in working poor families that
receive food stamps to the total number
of children in the State (or, if
possible, to the estimated number of
children in working families with
incomes low enough to be eligible for
food stamps).
``(III) Medicaid and schip
measures.--The percentage of members of
families who are former recipients of
assistance under the State program
funded under this part (who have ceased
to receive such assistance for
approximately 6 months) who currently
receive medical assistance under the
State plan approved under title XIX or
the child health assistance under title
XXI.
``(IV) Child care measures.--In the
case of a State that pays child care
rates that are equal to at least the
75th percentile of market rates, based
on a market rate survey that is not
more than 2 years old, measures of the
State's success in providing child
care, as measured by the percentage of
children in families with incomes below
85 percent of the State's median income
who receive subsidized child care in
the State, and by the amount of public
expenditures in the State on child care
subsidies divided by the estimated
number of children younger than 13 in
families with incomes below 85 percent
of the State's median income.
``(V) Measures of addressing
domestic violence.--In the case of a
State that has adopted the option under
the State plan relating to domestic
violence set forth in section 402(a)(7)
and that reports the proportion of
eligible recipients of assistance under
this part who disclose their status as
domestic violence victims or survivors,
measures of the State's success in
addressing domestic violence as a
barrier to economic self-sufficiency,
as measured by the proportion of such
recipients who are referred to and
receive services under a service plan
developed by an individual trained in
domestic violence pursuant to section
260.55(c) of title 45 of the Code of
Federal Regulations.
``(VI) Measures of changes in
income or number of children below half
of poverty.--For a sample of recipients
of assistance under the State program
funded under this part, longitudinal
measures of annual changes in income
(or measures of changes in the
proportion of children in families with
income below \1/2\ of the poverty line)
according to the American Community
Survey (ACS), including earnings and
the value of benefits received under
that State program and food stamps.
``(VII) Definitions.--In this
clause:
``(aa) Domestic violence.--
The term `domestic violence'
has the meaning given the term
`battered or subjected to extreme cruelty' in section
408(a)(7)(C)(iii).
``(bb) Working poor
families.--The term `working
poor families' means families
that receive earnings at least
equal to a comparable amount
that would be received by an
individual working a half-time
position for minimum wage for a
full year.
``(iii) Employment, earning, and income
related measures.--$100,000,000 of the amount
appropriated for a fiscal year under
subparagraph (F) shall be used to award grants
to States under this paragraph for that fiscal
year based on the measures of employment,
earnings, and income described in subclauses
(I) and (VI) of clause (ii), including scores
for the criteria described in those subclauses.
``(iv) Measures of support for working
families.--$100,000,000 of the amount
appropriated for a fiscal year under
subparagraph (F) shall be used to award grants
to States under this paragraph for that fiscal
year based on measures of support for working
families, including scores for the criteria
described in subclauses (II), (III), (IV), and
(V) of clause (ii).
``(v) Limitation on applying for only 1
bonus.--To qualify under any one of the
employment, earnings, food stamp, or health
coverage criteria described in subclauses (I),
(II), or (III) of clause (ii), a State must
submit the data required to compete for all of
the criteria described in those subclauses.
(b) Data Collection and Reporting.--Section 411(a) of the Social
Security Act (42 U.S.C. 611(a)) is amended by adding at the end the
following:
``(8) Report on outcome of welfare reform for states not
participating in bonus grants under section 403(a)(4).--
``(A) In general.--In the case of a State which
does not participate in the procedure for awarding
grants under section 403(a)(4) pursuant to regulations
prescribed by the Secretary, the report required by
paragraph (1) for a fiscal quarter shall include data
regarding the characteristics and well-being of former
recipients of assistance under the State program funded
under this part for 6 months after such recipient has
ceased receiving such assistance.
``(B) Contents.--The data required under
subparagraph (A) shall consist of information regarding
former recipients, including--
``(i) employment status;
``(ii) job retention;
``(iii) changes in income;
``(iv) poverty status, including the number
of children in families of such former
recipients with income below \1/2\ of the
poverty line;
``(v) receipt of food stamps, medical
assistance under the State plan approved under
title XIX or child health assistance under
title XXI, or subsidized child care;
``(vi) accessibility of child care and
child care cost;
``(vii) the percentage of families in
poverty receiving child care subsidies;
``(viii) measures of hardship, including
lack of medical insurance and difficulty
purchasing food; and
``(ix) the availability of the option under
the State plan in section 402(a)(7) (relating
to domestic violence) and the difficulty
accessing services for victims of domestic
violence.
``(C) Sampling.--A State may comply with this
paragraph by using a scientifically acceptable sampling
method approved by the Secretary.
``(D) Regulations.--The Secretary shall prescribe
such regulations as may be necessary to ensure that--
``(i) data reported under this paragraph
are in such a form as to promote comparison of
data among States;
``(ii) a State reports, for each measure,
changes in data over time and comparisons in
data between such former recipients and
comparable groups of current recipients; and
``(iii) a State that is already conducting
a scientifically acceptable study of former
recipients that provides sufficient data required under subparagraph
(A) may use the results of such study to satisfy the requirements of
this paragraph.''.
(c) Report of Currently Collected Data.--
(1) In general.--Not later than July 1, 2000, and annually
thereafter, the Secretary of Health and Human Services shall
transmit to Congress a report regarding characteristics of
former and current recipients of assistance under State
programs funded under part A of title IV of the Social Security
Act, based on information currently being received from States.
(2) Characteristics.--For purposes of paragraph (1), the
characteristics shall include earnings, employment, and, to the
extent possible, income (including earnings, the value of
benefits received under the State program funded under part A
of title IV of the Social Security Act, and food stamps), the
ratio of income to poverty, receipt of food stamps, and other
family resources.
(3) Basis of report.--The report under paragraph (1) shall
be based on longitudinal data of employer reported earnings for
a sample of States, which represents at least 80 percent of the
population of the United States, including separate data for
each of fiscal years 1997 through 2000 regarding--
(A) a sample of former recipients of assistance
under State programs funded under part A of title IV of
the Social Security Act;
(B) a sample of current recipients of such
assistance; and
(C) a sample of food stamp recipients.
(d) Report on Development of Measures.--The Secretary of Health and
Human Services shall transmit to Congress--
(1) not later than July 1, 2000, a report regarding the
development of measures required under section
403(a)(4)(C)(ii)(IV) of the Social Security Act (42 U.S.C.
603(a)(4)(C)(ii)(IV)), as added by this Act, regarding
subsidized child care and changes in income; and
(2) not later than January 1, 2001, a report, prepared in
consultation with the Secretary of Labor and domestic violence
organizations, regarding the domestic violence criteria
required under subclause (V) of such section.
(e) Effective Dates.--
(1) Additional measures of state performance.--The
amendments made by subsection (a) of this section shall take
effect on July 1, 2000, except that subclauses (IV) and (V) of
section 403(a)(4)(C)(ii) of the Social Security Act (42 U.S.C.
603(a)(4)(C)(ii)(IV) and (V)), as added by this Act, shall not
apply to grants awarded under section 403(a)(4) of the Social
Security Act (42 U.S.C. 603(a)(4)) before July 1, 2001, and
shall have no force or effect before the report required by
subsection (d)(2) of this section is made.
(2) Data collection and reporting.--The amendment made by
subsection (b) shall apply to reports submitted in fiscal years
beginning with fiscal year 2001. | Requires States not participating in the bonus reward grant program for high performance States to report on the characteristics and well-being of former TANF recipients for six months after such assistance has ceased.
Directs the Secretary of Health and Human Services to report to Congress on: (1) characteristics of former and current TANF recipients based on information currently received from States; (2) criteria measures regarding subsidized child care and changes in income; and (3) domestic violence. | To require the Secretary of Health and Human Services to provide bonus grants to high performance States based on certain criteria and to collect data to evaluate the outcome of welfare reform, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm and Home Protection
Act''.
SEC. 2. REVISION OF STATE AUTHORITY IN IMPOSING LIENS AND RECOVERING
FOR MEDICAL ASSISTANCE PROPERLY MADE.
(a) Eliminating Medicaid Mandate for State Recoveries.--Subsection
(b)(1) of section 1917 of the Social Security Act (42 U.S.C. 1396p) is
amended by striking ``except that'' and all that follows and inserting
the following: ``except--
``(A) in the case of an individual described in subsection
(a)(1)(B), from the individual's estate or upon sale of the
property, subject to a lien imposed on account of medical
assistance paid on behalf of such individual, and
``(B) in the case of any other individual who is 65 years
of age or older, when the individual received such assistance,
from the individual's estate.''.
(b) Revision of Definition of Estate.--Section 1917(b)(4) of such
Act (42 U.S.C. 1396p(b)(4)) is amended--
(1) by striking ``deceased individual'' and all that
follows through ``(A) shall'' and inserting ``deceased
individual shall'', and
(2) by striking subparagraph (B).
(c) Effective Date.--The amendment made by subsection (a) shall
apply to medical assistance furnished on or after the date of the
enactment of this Act and the amendments made by subsection (b) shall
apply to individuals dying on or after such date of enactment.
SEC. 3. RESTRICTING RECOVERY OF MEDICAL ASSISTANCE PROPERLY PAID IN
OTHER FEDERALLY ASSISTED MEDICAL ASSISTANCE PROGRAMS.
(a) In General.--Notwithstanding any other provision of law, no
Federal funds shall be paid to a State under a State medical assistance
program (as defined in subsection (d)) unless the conditions of
subsections (b) and (c) are met.
(b) Limitation on Imposition of Liens.--
(1) In general.--No lien may be imposed against the
property of any individual prior to his death on account of
medical assistance paid or to be paid on his behalf under the
State medical assistance program, except--
(A) pursuant to the judgment of a court on account
of benefits incorrectly paid on behalf of such
individual, or
(B) in the case of the real property of an
individual--
(i) who is an inpatient in a nursing
facility, intermediate care facility for the
mentally retarded, or other medical
institution, if such individual is required, as
a condition of receiving services in such
institution under the State program, to spend
for costs of medical care all but a minimal
amount of his income required for personal
needs, and
(ii) with respect to whom the State
determines, after notice and opportunity for a
hearing (in accordance with procedures
established by the State), that he cannot
reasonably be expected to be discharged from
the medical institution and to return home,
except as provided in paragraph (2).
(2) Additional limitation.--No lien may be imposed under
paragraph (1)(B) on such individual's home if--
(A) the spouse of such individual,
(B) such individual's child who is under age 21 and
is blind or disabled as defined in section 1614 of the
Social Security Act, or
(C) a sibling of such individual (who has an equity
interest in such home and who was residing in such
individual's home for a period of at least one year
immediately before the date of the individual's
admission to the medical institution),
is lawfully residing in such home.
(3) Dissolution of liens.--Any lien imposed with respect to
an individual pursuant to paragraph (1)(B) shall dissolve upon
that individual's discharge from the medical institution and
return home.
(c) Limitation on Adjustment or Recovery.--
(1) In general.--No adjustment or recovery of any medical
assistance correctly paid on behalf of an individual under the
State medical assistance program may be made, except--
(A) in the case of an individual described in
subsection (b)(1)(B), from the individual's estate or
upon sale of the property, subject to a lien imposed on
account of medical assistance paid on behalf of such
individual, and
(B) in the case of any other individual who is 65
years of age or older, when the individual received
such assistance, from the individual's estate.
(2) Limitation.--Any adjustment or recovery under paragraph
(1) may be made only after the death of the individual's
surviving spouse, if any, and only at a time--
(A) when he has no surviving child who is under age
21, or (with respect to States eligible to participate
in the State program established under title XVI of the
Social Security Act) is blind or permanently and
totally disabled, or (with respect to States which are
not eligible to participate in such program) is blind
or disabled as defined in section 1614 of such Act; and
(B) in the case of a lien on an individual's home
under subsection (b)(1)(B), when--
(i) no sibling of the individual (who was
residing in the individual's home for a period
of at least one year immediately before the
date of the individual's admission to the
medical institution), and
(ii) no son or daughter of the individual
(who was residing in the individual's home for
a period of at least two years immediately
before the date of the individual's admission
to the medical institution, and who establishes
to the satisfaction of the State that he or she
provided care to such individual which
permitted such individual to reside at home
rather than in an institution),
is lawfully residing in such home and has lawfully
resided in such home on a continuous basis since the
date of the individual's admission to the medical
institution.
(3) Procedures.--The State agency responsible for
administration of the State medical assistance program shall
establish procedures (in accordance with standards specified by
the Secretary of Health and Human Services) under which the
agency shall waive the application of this subsection (other
than paragraph (1)(C)) if such application would work an undue
hardship as determined on the basis of criteria established by
the Secretary.
(4) Estate defined.--For purposes of this subsection, the
term ``estate'', with respect to a deceased individual, shall
include all real and personal property and other assets
included within the individual's estate, as defined for
purposes of State probate law.
(d) Definitions.--In this section:
(1) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
(2) State medical assistance program.--The term ``State
medical assistance program'' means the MediGrant program (under
title XXI of the Social Security Act) or other program of
Federal assistance to States for medical assistance
expenditures. | Family Farm and Home Protection Act - Amends title XIX (Medicaid) of the Social Security Act to revise a State's authority to recover from an individual's estate the cost of medical assistance properly made on his or her behalf in specified circumstances. Repeals the mandate to recover such costs. Eliminates specific recovery authority with respect to certain individuals receiving or entitled to receive benefits under a long-term care insurance policy. Increases from 55 to 65 the minimum age of Medicaid recipients from whose estates the State may recover. Repeals the inclusion in the "estate" of a deceased individual real and personal property which passed to heirs upon the individual's death.
Prohibits payment of Federal funds to a State under a State medical assistance program unless express conditions are met concerning the imposition of liens against the property of individuals receiving such assistance through the State program. Provides for the dissolution of any liens imposed upon an individual's discharge from the medical institution and return home. Prohibits any adjustment or recovery of medical assistance correctly paid on behalf or an individual under a State program, except: (1) in the case of certain institutionalized individuals, from their estate or property, subject to a lien properly imposed; and (2) in the case of recipients 65 or older, from their estate. Provides additional limitations on adjustment or recovery until after the individual's surviving spouse dies and no surviving children or siblings lawfully reside in the individual's home. | Family Farm and Home Protection Act |
SECTION 1. PROGRAMS OF HEALTH PROMOTION OR DISEASE PREVENTION.
(a) In General.--Nothing in the Employee Retirement Income Security
Act of 1974, the Internal Revenue Code of 1986, or the Public Health
Service Act shall be applied, administered, or interpreted to prevent
any provider or issuer of health insurance (including any employer)
from establishing premium discounts or rebates, or modifying copayments
or deductibles, in the case of individuals who adhere to, or
participate in, a program of health promotion or disease prevention
which meets the requirements of subsection (b).
(b) Programs of Health Promotion or Disease Prevention to Which
Section Applies.--
(1) General provisions.--
(A) General rule.--For purposes of subsection (a),
a program of health promotion or disease prevention
(referred to in this subsection as a ``wellness
program'') shall be a program that is designed to
promote health or prevent disease that meets the
applicable requirements of this subsection.
(B) No conditions based on health status factor.--
If none of the conditions for obtaining a premium
discount or rebate or other reward for participation in
a wellness program is based on an individual satisfying
a standard that is related to a health status factor,
such wellness program shall not violate this section if
participation in the program is made available to all
similarly situated individuals and the requirements of
paragraph (2) are complied with.
(C) Conditions based on health status factor.--If
any of the conditions for obtaining a premium discount
or rebate or other reward for participation in a
wellness program is based on an individual satisfying a
standard that is related to a health status factor,
such wellness program shall not violate this section if
the requirements of paragraph (3) are complied with.
(2) Wellness programs not subject to requirements.--If none
of the conditions for obtaining a premium discount or rebate or
other reward under a wellness program as described in paragraph
(1)(B) are based on an individual satisfying a standard that is
related to a health status factor (or if such a wellness
program does not provide such a reward), the wellness program
shall not violate this section if participation in the program
is made available to all similarly situated individuals. The
following programs shall not have to comply with the
requirements of paragraph (3) if participation in the program
is made available to all similarly situated individuals:
(A) A program that reimburses all or part of the
cost for memberships in a fitness center.
(B) A diagnostic testing program that provides a
reward for participation and does not base any part of
the reward on outcomes.
(C) A program that encourages preventive care
related to a health condition through the waiver of the
copayment or deductible requirement under an individual
or group health plan for the costs of certain items or
services related to a health condition (such as
prenatal care or well-baby visits).
(D) A program that reimburses individuals for the
costs of smoking cessation programs without regard to
whether the individual quits smoking.
(E) A program that provides a reward to individuals
for attending a periodic health education seminar.
(3) Wellness programs subject to requirements.--If any of
the conditions for obtaining a premium discount, rebate, or
reward under a wellness program as described in paragraph
(1)(C) is based on an individual satisfying a standard that is
related to a health status factor, the wellness program shall
not violate this section if the following requirements are
complied with:
(A) The reward for the wellness program, together
with the reward for other wellness programs with
respect to the plan that requires satisfaction of a
standard related to a health status factor, shall not
exceed 30 percent of the cost of employee-only coverage
under the plan. If, in addition to employees or
individuals, any class of dependents (such as spouses
or spouses and dependent children) may participate
fully in the wellness program, such reward shall not
exceed 30 percent of the cost of the coverage in which
an employee or individual and any dependents are
enrolled. For purposes of this paragraph, the cost of
coverage shall be determined based on the total amount
of employer and employee contributions for the benefit
package under which the employee is (or the employee
and any dependents are) receiving coverage. A reward
may be in the form of a discount or rebate of a premium
or contribution a waiver of all or part of a cost-
sharing mechanism (such as deductibles, copayments, or
coinsurance), the absence of a surcharge, or the value
of a benefit that would otherwise not be provided under
the plan. The Secretaries of Labor, Health and Human
Services, and the Treasury may increase the reward
available under this subparagraph to up to 50 percent
of the cost of coverage if the Secretaries determine
that such an increase is appropriate.
(B) The wellness program shall be reasonably
designed to promote health or prevent disease. A
program complies with the preceding sentence if the
program has a reasonable chance of improving the health
of, or preventing disease in, participating individuals
and it is not overly burdensome, is not a subterfuge
for discriminating based on a health status factor, and
is not highly suspect in the method chosen to promote
health or prevent disease. The plan or issuer shall
evaluate the program's reasonableness at least once per
year.
(C) The plan shall give individuals eligible for
the program the opportunity to qualify for the reward
under the program at least once each year.
(D) The full reward under the wellness program
shall be made available to all similarly situated
individuals. For such purpose, among other things:
(i) The reward is not available to all
similarly situated individuals for a period
unless the wellness program allows--
(I) for a reasonable alternative
standard (or waiver of the otherwise
applicable standard) for obtaining the
reward for any individual for whom, for
that period, it is unreasonably
difficult due to a medical condition to
satisfy the otherwise applicable
standard; and
(II) for a reasonable alternative
standard (or waiver of the otherwise
applicable standard) for obtaining the
reward for any individual for whom, for
that period, it is medically
inadvisable to attempt to satisfy the
otherwise applicable standard.
(ii) If reasonable under the circumstances,
the plan or issuer may seek verification, such
as a statement from an individual's physician,
that a health status factor makes it
unreasonably difficult or medically inadvisable
for the individual to satisfy or attempt to
satisfy the otherwise applicable standard.
(E) The plan or issuer involved shall disclose in
all plan materials describing the terms of the wellness
program the availability of a reasonable alternative
standard (or the possibility of waiver of the otherwise
applicable standard) required under subparagraph (D).
If plan materials disclose that such a program is
available, without describing its terms, the disclosure
under this subparagraph shall not be required.
(c) Existing Programs.--Nothing in this section shall prohibit a
program of health promotion or disease prevention that was established
prior to the date of enactment of this section and applied with all
applicable regulations, and that is operating on such date, from
continuing to be carried out for as long as such regulations remain in
effect.
(d) Regulations.--Nothing in this section shall be construed as
prohibiting the Secretaries of Labor, Health and Human Services, or the
Treasury from promulgating regulations in connection with this section. | Prohibits anything in the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, or the Public Health Service Act from being interpreted to prevent any health insurance provider from establishing premium discounts or rebates, or modifying copayments or deductibles, for individuals who participate in a health promotion or disease prevention (wellness) program which meets this Act's requirements.
States that if none of the conditions for obtaining a premium discount, rebate, or other reward for participation in a wellness program is based on an individual satisfying a standard related to a health status factor, such program shall not violate this Act if participation is made available to all similarly situated individuals with respect to a program: (1) that reimburses the cost for memberships in a fitness center; (2) of diagnostic testing that provides a reward for participation not based on outcomes; (3) that encourages preventive care related to a health condition through the waiver of the copayment or deductible requirement under a health plan for costs related to a health condition (such as prenatal care or well-baby visits); (4) that reimburses individuals for the costs of smoking cessation programs without regard to whether the individual quits smoking; and (5) that rewards individuals for attending a periodic health education seminar.
Provides that if any of the conditions for obtaining a premium discount, rebate, or other reward for participation in a wellness program is based on an individual satisfying a standard related to a health status factor, the program shall not violate this Act if specified conditions are met, including that: (1) the reward for the program, together with the reward for other wellness programs regarding the plan that requires satisfaction of a standard related to a health status factor, does not exceed 30% of the cost of employee-only coverage under the plan; (2) the program is reasonably designed to promote health or prevent disease; (3) the plan gives individuals eligible for the program the opportunity to qualify for the reward at least annually; and (4) the full reward under the program is made available to all similarly situated individuals. | To encourage programs of health promotion or disease prevention. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Adult Day Services
Alternative Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) adult day care offers services, including medical care,
rehabilitation therapies, dignified assistance with activities
of daily living, social interaction, and stimulating
activities, to seniors who are frail, physically challenged, or
cognitively impaired;
(2) access to adult day care services provides seniors and
their familial caregivers support that is critical to keeping
the senior in the family home;
(3) more than 22,000,000 families in the United States
serve as caregivers for aging or ailing seniors, nearly 1 in 4
American families, providing close to 80 percent of the care to
individuals requiring long-term care;
(4) nearly 75 percent of those actively providing such care
are women who also maintain other responsibilities, such as
working outside of the home and raising young children;
(5) the average loss of income to these caregivers has been
shown to be $659,130 in wages, pension, and Social Security
benefits;
(6) the loss in productivity in United States businesses
ranges from $11,000,000,000 to $29,000,000,000 annually;
(7) the services offered in adult day care facilities
provide continuity of care and an important sense of community
for both the senior and the caregiver;
(8) there are adult day care centers in every State in the
United States and the District of Columbia;
(9) these centers generally offer transportation, meals,
personal care, and counseling in addition to the medical
services and socialization benefits offered; and
(10) with the need for quality options in how to best care
for our senior population about to dramatically increase with
the aging of the baby boomer generation, the time to address
these issues is now.
SEC. 3. COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES UNDER MEDICARE.
(a) Substitute Adult Day Care Services Benefit.--
(1) In general.--Section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``or (8)'' after ``paragraph (7)'';
(B) in paragraph (6), by striking ``and'' at the
end;
(C) in paragraph (7), by adding ``and'' at the end;
and
(D) by inserting after paragraph (7), the following
new paragraph:
``(8) substitute adult day care services (as defined in
subsection (ww));''.
(2) Substitute adult day care services defined.--Section
1861 of the Social Security Act (42 U.S.C. 1395x) is amended by
adding at the end the following new subsection:
``Substitute Adult Day Care Services; Adult Day Care Facility
``(ww)(1)(A) The term `substitute adult day care services' means
the items and services described in subparagraph (B) that are furnished
to an individual by an adult day care facility as a part of a plan
under subsection (m) that substitutes such services for a portion of
the items and services described in subparagraph (B)(i) furnished by a
home health agency under the plan, as determined by the physician
establishing the plan.
``(B) The items and services described in this subparagraph are the
following items and services:
``(i) Items and services described in paragraphs (1)
through (7) of subsection (m).
``(ii) Meals.
``(iii) A program of supervised activities designed to
promote physical and mental health and furnished to the
individual by the adult day care facility in a group setting for a
period of not fewer than 4 and not greater than 12 hours per day.
``(iv) A medication management program (as defined in
subparagraph (C)).
``(C) For purposes of subparagraph (B)(iv), the term `medication
management program' means a program of services, including medicine
screening and patient and health care provider education programs, that
provides services to minimize--
``(i) unnecessary or inappropriate use of prescription
drugs; and
``(ii) adverse events due to unintended prescription drug-
to-drug interactions.
``(2)(A) Except as provided in subparagraphs (B) and (C), the term
`adult day care facility' means a public agency or private
organization, or a subdivision of such an agency or organization,
that--
``(i) is engaged in providing skilled nursing services and
other therapeutic services directly or under arrangement with a
home health agency;
``(ii) meets such standards established by the Secretary to
ensure quality of care and such other requirements as the
Secretary finds necessary in the interest of the health and
safety of individuals who are furnished services in the
facility;
``(iii) provides the items and services described in
paragraph (1)(B); and
``(iv) meets the requirements of paragraphs (2) through (8)
of subsection (o).
``(B) Notwithstanding subparagraph (A), the term `adult day care
facility' shall include a home health agency in which the items and
services described in clauses (ii) through (iv) of paragraph (1)(B) are
provided--
``(i) by an adult day-care program that is licensed or
certified by a State, or accredited, to furnish such items and
services in the State; and
``(ii) under arrangements with that program made by such
agency.
``(C) The Secretary may waive the requirement of a surety bond
under paragraph (7) of subsection (o) in the case of an agency or
organization that provides a comparable surety bond under State law.
``(D) For purposes of payment for home health services consisting
of substitute adult day care services furnished under this title, any
reference to a home health agency is deemed to be a reference to an
adult day care facility.''.
(b) Payment for Substitute Adult Day Care Services.--Section 1895
of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at
the end the following new subsection:
``(f) Payment Rate for Substitute Adult Day Care Services.--In the
case of home health services consisting of substitute adult day care
services (as defined in section 1861(ww)), the following rules apply:
``(1) The Secretary shall estimate the amount that would
otherwise be payable under this section for all home health
services under that plan of care other than substitute adult
day care services for a period specified by the Secretary.
``(2) The total amount payable for home health services
consisting of substitute adult day care services under such
plan may not exceed 95 percent of the amount estimated to be
payable under paragraph (1) furnished under the plan by a home
health agency.''.
(c) Adjustment in Case of Overutilization of Substitute Adult Day
Care Services.--
(1) Monitoring expenditures.--Beginning with fiscal year
2003, the Secretary of Health and Human Services shall monitor
the expenditures made under the Medicare Program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for
home health services (as defined in section 1861(m) of such Act
(42 U.S.C. 1395x(m))) for the fiscal year, including substitute
adult day care services under paragraph (8) of such section (as
added by subsection (a)), and shall compare such expenditures
to expenditures that the Secretary estimates would have been
made for home health services for that fiscal year if
subsection (a) had not been enacted.
(2) Required reduction in payment rate.--If the Secretary
determines, after making the comparison under paragraph (1) and
making such adjustments for changes in demographics and age of
the Medicare beneficiary population as the Secretary determines
appropriate, that expenditures for home health services under
the Medicare Program, including such substitute adult day care
services, exceed expenditures that would have been made under
such program for home health services for a year if subsection
(a) had not been enacted, then the Secretary shall adjust the
rate of payment to adult day care facilities so that total
expenditures for home health services under such program in a
fiscal year does not exceed the Secretary's estimate of such
expenditures if subsection (a) had not been enacted.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2002. | Medicare Adult Day Services Alternative Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of substitute adult day care services. | A bill to amend title XVIII of the Social Security Act to provide for coverage of substitute adult day care services under the medicare program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Borrower's Bill of Rights Act''.
SEC. 2. ASSISTANT SECRETARY OF THE TREASURY FOR FINANCIAL EDUCATION.
Section 301(e) of title 31, United States Code, is amended--
(1) by striking ``7 Assistant Secretaries'' and inserting
``8 Assistant Secretaries''; and
(2) by inserting after the 2nd sentence the following new
sentence: ``One of the Assistant Secretaries shall be the
Assistant Secretary for Financial Education.''
SEC. 3. FINANCIAL LITERACY FOR MIDDLE AND HIGH SCHOOL STUDENTS.
The Financial Literacy and Education Improvement Act (20 U.S.C.
9701, et seq.) is amended--
(1) by redesignating section 519 as section 520; and
(2) by inserting after section 518 the following new
section:
``SEC. 519. FINANCIAL LITERACY FOR MIDDLE AND HIGH SCHOOL STUDENTS.
``(a) Pilot Program.--The Assistant Secretary for Financial
Education (hereafter in this section referred to as the `Assistant
Secretary' shall establish a 2-year pilot financial literacy pilot
program for middle and high school students.
``(b) Requirements.--The pilot program established by the Assistant
Secretary shall comply with the following requirements:
``(1) The pilot program shall be implemented in 10 middle
schools and 10 high schools, selected by the Assistant
Secretary based on such criteria as the Assistant Secretary may
determine to be appropriate, in 10 different school systems and
provided to 8th grade students at the middle schools selected
and 12th grade students at the high schools selected.
``(2) The program shall use as guidance the financial
education program in the secondary schools of the State of
Delaware called the `Keys to Financial Success'.
``(3) The program shall be funded by the Secretary of the
Treasury, out of funds appropriated to the Secretary, and
administered by the State and the local school administration
of each school selected, based on criteria established by the
Assistant Secretary, including an annual update of the
materials used in the curriculum.
``(c) Report.--Upon the completion of the 2-year pilot program, the
Assistant Secretary shall submit to the Secretary of the Treasury and
the Congress a report containing a detailed description of the findings
and conclusions of the Assistant Secretary with respect to the pilot
program.''.
SEC. 4. ``PLAIN LANGUAGE'' DISCLOSURES.
Section 122 of the Truth in Lending Act (15 U.S.C. 1632) is amended
by adding at the end the following new subsection:
``(d) Plain and Simple Language Disclosures Required for All
Disclosures.--The Board shall take such action as may be necessary to
ensure that all disclosures that are required to be provided under this
title with respect to any consumer credit transaction, including all
the disclosures required under section 129, shall be simple and easy to
understand and in a language understood by the consumer.''.
SEC. 5. LIMITATION ON USURIOUS INTEREST RATES AND UNFAIR PRACTICES.
(a) Repeal of Preemption of State Mortgage Usury Laws.--
(1) In general.--Sections 501, 511, 512, 525, 526, 527,
528, and 529 of the Depository Institutions Deregulation and
Monetary Control Act of 1980 are hereby repealed.
(2) Technical and conforming amendments.--
(A) Insured depository institutions.--Section 27 of
the Federal Deposit Insurance Act (12 U.S.C. 1831d) is
amended to read as follows:
``SEC. 27. UNIFORM APPLICABILITY OF STATE LAW.
``In order to prevent discrimination against State-chartered
insured depository institutions, including insured savings banks and
insured branches of foreign banks and notwithstanding any other
provision of Federal law, the provision of the constitution or the laws
of any State expressly limiting the rate or amount of interest,
discount points, finance charges, or other charges which may be
charged, taken, received, or reserved shall apply to all depository
institutions that are located in, have any branch in, or do business in
such State with respect to customers of any such institution which
reside in or are located in such State.''.
(B) Insured credit unions.--Section 205(g) of the
Federal Credit Union Act (12 U.S.C. 1785(g)) is amended
to read as follows:
``(g) Uniform Applicability of State Law.--In order to prevent
discrimination against State-chartered insured credit unions and
notwithstanding any other provision of Federal law, the provision of
the constitution or the laws of any State expressly limiting the rate
or amount of interest, discount points, finance charges, or other
charges which may be charged, taken, received, or reserved shall apply
to all credit unions that are located in, have any branch in, or do
business in such State with respect to customers of any such credit
union which reside in or are located in such State.''.
(b) Prohibition on Loan ``Flipping'' and Mandatory Arbitration.--
(1) In general.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended by inserting after section 129
the following new section:
``Sec. 129A. Protections for all loans
``(a) Flipping.--
``(1) In general.--No creditor may knowingly or
intentionally engage in the unfair act or practice of flipping.
``(2) Flipping defined.--For purposes of this subsection,
the term `flipping' means the making of a loan or extension of
credit to a consumer which refinances an existing loan or other
extension of credit when the new loan or extension of credit
does not have reasonable, tangible net benefit to the consumer
considering all of the circumstances, including the terms of
both the new and the refinanced loans or credit, the cost of
the new loan or credit, and the consumer's circumstances.
``(3) Tangible net benefit.--The Board may prescribe
regulations, in the discretion of the Board, defining the term
`tangible net benefit' for purposes of this subsection.
``(b) Arbitration.--
``(1) In general.--A loan or other extension of credit
subject to this title may not include terms which require
arbitration or any other nonjudicial procedure as the method
for resolving any controversy or settling any claims arising
out of the transaction.
``(2) Post-controversy agreements.--Subject to paragraph
(3), paragraph (1) shall not be construed as limiting the right
of the consumer and the creditor to agree to arbitration or any
other nonjudicial procedure as the method for resolving any
controversy at any time after a dispute or claim under the
transaction arises.
``(3) No waiver of statutory cause of action.--No provision
of any loan or other extension of credit or any agreement
between the consumer and the creditor shall be applied or
interpreted so as to bar a consumer from bringing an action in
an appropriate district court of the United States, or any
other court of competent jurisdiction, pursuant to section 130
or any other provision of law, for damages or other relief in
connection with any alleged violation of this section, any
other provision of this title, or any other Federal law.''.
(2) Clerical amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after the
item relating to section 129 the following new item:
``129A. Protections for all loans.''.
(3) Regulations.--The Board of Governors of the Federal
Reserve System shall publish regulations implementing the
amendments made by this section in final form before the end of
the 6-month period beginning on the date of enactment of this
Act.
(c) Amendment to Definition of High Cost Mortgages.--Subparagraph
(A) of section 103(aa)(1) of the Truth in Lending Act (15 U.S.C.
1602(aa)(1)(A)) is amended by striking ``10 percentage points'' and
inserting ``8 percentage points''.
(d) Pre-Loan Counseling Required for High Cost Mortgages.--Section
129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by
inserting after subsection (l) the following new subsection:
``(m) Pre-Loan Counseling.--
``(1) In general.--A creditor may not extend credit to a
consumer under a mortgage referred to in section 103(aa)
without first receiving certification from a counselor that is
approved by the Secretary of Housing and Urban Development,
that the consumer has received--
``(A) and successfully completed counseling, in
person or by telephone, on the advisability of the loan
transaction; and
``(B) a general range of interest rates that the
applicant qualifies for given their credit score.
``(2) Nonaffiliation rule for counselors.--A counselor
providing a certification to a creditor under paragraph (1) may
not be employed by the creditor or an affiliate of the creditor
or be affiliated with the creditor in any other manner
(including any referral agreement).
``(3) Disclosures required prior to counseling.--No
counselor may certify that a borrower has received counseling
on the advisability of the loan transaction unless the
counselor can verify that the consumer has received each
statement required (in connection with such loan) by this
section, or by the Real Estate Settlement Procedures Act of
1974, with respect to the transaction.
``(4) Regulations.--The Secretary of Housing and Urban
Development may prescribe such regulations as the Secretary
determines to be appropriate to carry out the requirements of
paragraph (1).''.
SEC. 6. LIMITATION ON ROLLOVERS OF PAYDAY LOANS.
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended
by adding at the end the following new subsection:
``(e) Limitations on Rollovers or Refinancing of Payday Loans With
the Same Creditor.--
``(1) In general.--A payday lender--
``(A) may not refinance or roll over any payday
loan made by such lender, or any affiliate or other
associate of the payday lender, to any consumer with
another payday loan more than 3 times; and
``(B) shall provide a consumer who seeks to
refinance or roll over any payday loan made by such
lender, or any affiliate or other associate of the
payday lender, to the consumer with another payday loan
more than 2 times with a disclosure notice, which the
Board shall prescribe by regulation, regarding the
hazards of payday lending and the benefits of banking
traditionally, in prominent format and type-size, that
is separate from the disclosures required under
subsection (a) with regard to such extension of credit.
``(2) Definitions.--
``(A) Check.--The term `check' means any negotiable
demand draft drawn on or payable through an office of a
depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act) located in any
State.
``(B) Payday lender.--The term `payday lender'
means any person who extends credit to any other person
through a payday loan.
``(C) Payday loan.--The term `payday loan' means
means a transaction in which credit is extended by a
payday lender, for a specified period of time, upon
receipt by the lender of--
``(i) a check made by the borrower for the
amount of the credit extended, the presentment
or negotiation of which, by mutual agreement of
the lender and borrower, will be deferred for
such specified period; or
``(ii) authorization from the borrower for
the payday lender to initiate an electronic
fund transfer at the end of the specified
period from the account of the borrower for the
amount of the credit extended.''.
SEC. 7. FAIR TREATMENT OF EMPLOYEE BENEFITS.
(a) Definition of Claim.--Section 101(5) of title 11, United States
Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(C) right or interest in equity securities of the
debtor, or an affiliate of the debtor, held in a
pension plan (within the meaning of section 3(2) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(2))) for the benefit of an individual who
is not an officer or director of the debtor, if such
securities were attributable to--
``(i) employer contributions by the debtor
or an affiliate of the debtor other than
elective deferrals (within the meaning of
section 402(g) of the Internal Revenue Code of
1986), and any earnings thereon; and
``(ii) elective deferrals (and any earnings
thereon) that are required to be invested in
such securities under the terms of the plan or
at the direction of a person other than the
individual or any beneficiary,
except that this subparagraph shall not apply to any
such securities during any period during which the
individual or any beneficiary has the right to direct
the plan to divest such securities and to reinvest an
equivalent amount in other investment options of the
plan;''.
(b) Priorities.--Section 507(a)(4) of title 11, United States Code,
is amended--
(1) in subparagraph (B), by indenting the left margin of
clauses (i) and (ii) 2 ems to the right and redesignating such
clauses as subclauses (I) and (II), respectively;
(2) by indenting the left margin of subparagraphs (A) and
(B) 2 ems to the right and redesignating such subparagraphs as
clauses (i) and (ii), respectively;
(3) in the matter preceding clause (i), as so redesignated,
by striking ``Fourth'' and all that follows through ``plan--''
and inserting the following: ``Fourth--
``(A) allowed unsecured claims for contributions to
an employee benefit plan--''.
(4) by striking the period at the end and inserting the
following: ``or''; and
(5) by adding at the end the following:
``(B) allowed unsecured claims with respect to
rights or interests in equity securities of the debtor,
or an affiliate of the debtor, that are held in a
pension plan (within the meaning of section 3(2) of the
Employee Retirement Income Security Act of 1974),
without regard to when services were rendered or
limitation in amount, and measured by the market value
of the stock at the time the stock was contributed to,
or purchased by, the plan.''.
SEC. 8. WAGE PRIORITY AND EMPLOYEE BENEFIT CAP.
Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (3), by striking ``$4,000'' and inserting
``$13,500''; and
(2) in paragraph (4)(B)(i), by striking ``$4,000'' and
inserting ``$13,500''.
SEC. 9. SUBORDINATION.
Section 510(b) of title 11, United States Code, is amended by
inserting ``, other than a claim described in section 105(5)(C).''
after ``claim'' the 1st place it appears. | Borrower's Bill of Rights Act - Amends Federal law to create the position of Assistant Secretary for Financial Education in the Department of the Treasury.
Amends the Financial Literacy and Education Improvement Act to direct such Secretary to establish a two-year financial literacy pilot program for middle and high school students.
Amends the Truth in Lending Act to require that mandatory disclosures governing a consumer credit transaction be simple, easy to understand, and in a language understood by the consumer.
Amends the Depository Institutions Deregulation and Monetary Control Act of 1980 to repeal the preemption of state mortgage usury laws.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to provide that the constitution or the laws of any state expressly limiting the rate or amount of interest, discount points, finance charges, or other charges shall apply to all depository institutions and credit unions, respectively, that are located in, have any branch in, or do business in such state with respect to customers which reside in or are located in such state.
Amends the Truth in Lending Act to: (1) prohibit "flipping" practices and mandatory arbitration; (2) lower the interest rate threshold for high-cost mortgages; and (3) require creditors to receive certification that a consumer has successfully completed pre-loan counseling before extending the consumer credit under a high-cost mortgage. Sets limits governing rollovers or refinancing of payday loans with the same creditor.
Amends the Federal bankruptcy code to: (1) include within the fourth order of priority of claims against the estate the rights or interests in debtor's equity securities that are held in a pension plan; (2) increase the employee earnings and benefits included within such fourth order of priority; and (3) exempt such employee pension benefits from subordination agreement constraints. | To amend various banking laws to combat predatory lending, particularly in regards to low and moderate income individuals, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Infrastructure and Technology
Modernization Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for United States Customs and Border
Protection of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Border and Transportation Security of
the Department of Homeland Security.
SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY
PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During each of
fiscal years 2008 through 2012, the Under Secretary shall--
(A) increase the number of full-time agents and
associated support staff in the Bureau of Immigration
and Customs Enforcement of the Department of Homeland
Security by the equivalent of at least 100 more than
the number of such employees in the Bureau as of the
end of the preceding fiscal year; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and
Border Protection by the equivalent of at least 200
more than the number of such employees in the Bureau as
of the end of the preceding fiscal year.
(2) Waiver of fte limitation.--The Under Secretary is
authorized to waive any limitation on the number of full-time
equivalent personnel assigned to the Department of Homeland
Security to fulfill the requirements of paragraph (1).
(b) Training.--The Under Secretary shall provide appropriate
training for agents, inspectors, and associated support staff of the
Department of Homeland Security on an ongoing basis to utilize new
technologies and to ensure that the proficiency levels of such
personnel are acceptable to protect the borders of the United States.
SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update.--Not later than January 31 of each year,
the Administrator of General Services shall update the Port of Entry
Infrastructure Assessment Study prepared by the United States Customs
Service, the Immigration and Naturalization Service, and the General
Services Administration in accordance with the matter relating to the
ports of entry infrastructure assessment that is set out in the joint
explanatory statement in the conference report accompanying H.R. 2490
of the 106th Congress, 1st session (House of Representatives Rep. No.
106-319, on page 67) and submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies required in
subsection (a), the Administrator of General Services shall consult
with the Director of the Office of Management and Budget, the Under
Secretary, and the Commissioner.
(c) Content.--Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 5; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the
United States.
(d) Project Implementation.--The Commissioner shall implement the
infrastructure and technology improvement projects described in
subsection (c) in the order of priority assigned to each project under
paragraph (3) of such subsection.
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, such as immediate security needs or changes in
infrastructure in Mexico or Canada, compellingly alter the need for a
project in the United States.
SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of each year,
the Under Secretary shall prepare a National Land Border Security Plan
and submit such plan to Congress.
(b) Consultation.--In preparing the plan required in subsection
(a), the Under Secretary shall consult with the Under Secretary for
Information Analysis and Infrastructure Protection and the Federal,
State, and local law enforcement agencies and private entities that are
involved in international trade across the northern border or the
southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Under Secretary may
establish 1 or more port security coordinators at each port of
entry located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required in subsection (a).
SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, in consultation
with the Under Secretary, shall develop a plan to expand the
size and scope (including personnel needs) of the Customs-Trade
Partnership Against Terrorism programs along the northern
border and southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs
administered by the Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of the enactment of this Act, the
Commissioner shall establish a demonstration program along the
southern border for the purpose of implementing at least one
Customs-Trade Partnership Against Terrorism program along that
border. The Customs-Trade Partnership Against Terrorism program
selected for the demonstration program shall have been
successfully implemented along the northern border as of the
date of the enactment of this Act.
(b) Maquiladora Demonstration Program.--Not later than 180 days
after the date of the enactment of this Act, the Commissioner shall
establish a demonstration program to develop a cooperative trade
security system to improve supply chain security.
SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Under Secretary shall carry out a
technology demonstration program to test and evaluate new port of entry
technologies, refine port of entry technologies and operational
concepts, and train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology tested.--Under the demonstration program,
the Under Secretary shall test technologies that enhance port
of entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(2) Facilities developed.--At a demonstration site selected
pursuant to subsection (c)(2), the Under Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including cross-training among agencies, advanced law
enforcement training, and equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Under Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, at least 1 port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of the enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion onto not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month in the 12 full months
preceding the date of the enactment of this Act.
(d) Relationship With Other Agencies.--The Under Secretary shall
permit personnel from an appropriate Federal or State agency to utilize
a demonstration site described in subsection (c) to test technologies
that enhance port of entry operations, including those related to
inspections, communications, port tracking, identification of persons
and cargo, sensory devices, personal detection, decision support, and
the detection and identification of weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the Under
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Under Secretary of the feasibility of incorporating any
demonstrated technology for use throughout the Bureau of
Customs and Border Protection.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
(1) to carry out the provisions of section 3, such sums as
may be necessary for the fiscal years 2008 through 2012;
(2) to carry out the provisions of section 4--
(A) to carry out subsection (a) of such section,
such sums as may be necessary for the fiscal years 2008
through 2012; and
(B) to carry out subsection (d) of such section--
(i) $100,000,000 for each of the fiscal
years 2008 through 2012; and
(ii) such sums as may be necessary in any
succeeding fiscal year;
(3) to carry out the provisions of section 6--
(A) to carry out subsection (a) of such section--
(i) $30,000,000 for fiscal year 2008, of
which $5,000,000 shall be made available to
fund the demonstration project established in
paragraph (2) of such subsection; and
(ii) such sums as may be necessary for the
fiscal years 2009 through 2012; and
(B) to carry out subsection (b) of such section--
(i) $5,000,000 for fiscal year 2008; and
(ii) such sums as may be necessary for the
fiscal years 2009 through 2012; and
(4) to carry out the provisions of section 7, provided that
not more than $10,000,000 may be expended for technology
demonstration program activities at any 1 port of entry
demonstration site in any fiscal year--
(A) $50,000,000 for fiscal year 2008; and
(B) such sums as may be necessary for each of the
fiscal years 2009 through 2012.
(b) International Agreements.--Funds authorized in this Act may be
used for the implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure and
Efficient Flow of People and Commerce across our Shared Border between
the United States and Mexico, agreed to March 22, 2002, Monterrey,
Mexico (commonly known as the Border Partnership Action Plan) or the
Smart Border Declaration between the United States and Canada, agreed
to December 12, 2001, Ottawa, Canada that are consistent with the
provisions of this Act. | Border Infrastructure and Technology Modernization Act of 2007 - Directs the Under Secretary for Border and Transportation Security (Under Secretary) of the Department of Homeland Security (DHS) to: (1) increase, during FY2008-FY2012, the number of agents and inspectors in the Bureau of Immigration and Customs Enforcement of the DHS; and (2) provide such agents and inspectors new technology training to a level of proficiency acceptable to protect U.S. borders.
Directs the Administrator of the General Services Administration (GSA) to update, and submit to Congress, the Port of Entry Infrastructure Assessment Study.
Directs the Under Secretary to prepare annually, and submit to Congress, a National Land Border Security Plan that includes a vulnerability assessment of each port of entry located on the U.S. northern and southern borders. Authorizes the Under Secretary to establish one or more port security coordinators at such ports of entry.
Directs the Commissioner of the United States Customs and Border Protection of the DHS to: (1) develop a plan to expand Customs-Trade Partnership Against Terrorism programs along the U.S. northern and southern borders; and (2) establish a demonstration program to develop a cooperative trade security system to improve supply chain security.
Directs the Under Secretary to carry out a technology demonstration program to test and evaluate new port of entry technologies that enhance port of entry inspections and the detection of weapons of mass destruction, and to train personnel in its use. | A bill to authorize appropriations for border and transportation security personnel and technology, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sports Antitrust Reform Act of
1996''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL SPORTS.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end the following new section:
``SEC. 27. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL SPORTS.
``(a) Definitions.--For purposes of this section--
``(1) the term `home territory' means the geographic
metropolitan area within which a member team operates and plays
the majority of its home games;
``(2) the term `interested party' includes, with respect to
a member team--
``(A) any political subdivision of a State that
provides, or has provided, financial assistance,
including tax abatement, for facilities (including a
stadium or arena) in which the member team plays;
``(B) a representative of the political subdivision
with jurisdiction over the geographic area in which the
stadium or arena of the member team is located;
``(C) a member team;
``(D) the owner or operator of a stadium or arena
of a member team; and
``(E) any other person who is determined to be an
affected party by the sports league of the member team;
``(3) the term `member team' means a team of professional
athletes--
``(A) organized to play professional football,
basketball, or hockey; and
``(B) that is a member of a professional sports
league;
``(4) the term `person' means any individual, partnership,
corporation, or unincorporated association, any combination or
association thereof, or any State or political subdivision of a
State;
``(5) the term `professional sports league' means an
association that--
``(A) is composed of 2 or more member teams;
``(B) regulates the contests and exhibitions of its
member teams; and
``(C) has been engaged in competition in a
particular sport for a period of more than 7 years; and
``(6) the terms `stadium' and `arena' mean the principal
physical facility within which a member team has played the
majority of its home games.
``(b) Establishment of Rule.--
``(1) In general.--Subject to the requirements set forth in
this section, any professional sports league may establish a
rule--
``(A) authorizing the membership of that league to
decide whether or not a member team of that league may
be relocated outside of the home territory of that
member team; and
``(B) requiring that any person seeking to change
the home territory of that member team obtain the
approval of the appropriate professional sports league.
``(2) Inapplicability of antitrust laws.--Notwithstanding
any other provision of law, the antitrust laws shall not apply
to the enforcement or application by a professional sports
league of any rule established pursuant to paragraph (1).
``(c) Procedural Requirements.--
``(1) Request for approval.--
``(A) In general.--Not later than 210 days before
the commencement of the season in which a member team
proposes to play in a new location, any person seeking
to change the home territory of that member team shall
submit a request for approval of the proposed change to
the appropriate professional sports league.
``(B) Requirements.--Each request for approval
submitted under subparagraph (A) shall--
``(i) be in writing;
``(ii) be delivered in person or by
certified mail to each interested party by not
later than 30 days after submission to the
appropriate professional sports league under
subparagraph (A);
``(iii) be made available by the date
specified in clause (ii) to the news media;
``(iv) be published by the date specified
in clause (iii) in 1 or more newspapers of
general circulation within the home territory
of the member team; and
``(v) contain--
``(I) an identification of the
proposed location of the member team;
``(II) a summary of the reasons for
the change in home territory based on
the criteria described in paragraph
(2)(B); and
``(III) the date on which the
proposed change would become effective.
``(2) Procedures.--
``(A) Establishment.--Each professional sports
league shall establish rules and procedures for
approving or disapproving requests submitted under
paragraph (1), that shall--
``(i) include criteria to be considered by
the professional sports league in approving or
disapproving such requests; and
``(ii) be made available upon request to
any interested party.
``(B) Criteria to be considered.--The criteria
described in subparagraph (A)(i) shall include--
``(i) the extent to which fan loyalty to
and support for the member team has been
demonstrated during the tenure of the member
team in the home territory;
``(ii) the degree to which the member team
has engaged in good faith negotiations with
appropriate persons concerning the terms and
conditions under which the member team would
continue to play its games in the home
territory of the member team;
``(iii) the degree to which the ownership
or management of the member team has
contributed to any circumstance that might
demonstrate the need for the relocation of the
member team;
``(iv) the extent to which the member team
has, directly or indirectly, received public
financial support by means of any publicly
financed playing facility, special tax
treatment, or any other form of public
financial support;
``(v) the adequacy of the stadium or arena
of the member team, and the willingness of the
stadium or arena authority and the local
government to remedy any deficiencies in the
stadium or arena;
``(vi) whether the member team has incurred
net operating losses, exclusive of depreciation
or amortization, sufficient to threaten the
continued financial viability of the member
team;
``(vii) whether any other member team in
the professional sports league is located in
the home territory of the member team;
``(viii) whether the member team proposes
to relocate to a territory in which no other
member team in the professional sports league
is located;
``(ix) whether the stadium or arena
authority, if public, is opposed to the
relocation; and
``(x) any other criteria considered to be
appropriate by the professional sports league.
``(3) Hearings.--In determining whether to approve or
disapprove a proposed request submitted under paragraph (1),
the professional sports league shall--
``(A) conduct a hearing at which interested parties
shall be afforded an opportunity to submit written
testimony and exhibits; and
``(B) keep a written record of that hearing and any
testimony and exhibits submitted under subparagraph
(A).
``(d) Judicial Review.--
``(1) In general.--A decision by a professional sports
league to approve or disapprove a request submitted under
paragraph (1) may only be reviewed in a civil action filed by
an interested party in accordance with this subsection.
``(2) Venue.--
``(A) In general.--Except as provided in
subparagraph (B), an action under this subsection may
be filed only in the United States District Court for
the District of Columbia.
``(B) Exception.--If the home territory of the
member team or the proposed home territory of the
member team is located within a 50-mile radius of the
District of Columbia, an action under this subsection
may be filed only in the United States District Court
for the Southern District of New York.
``(3) Time.--
``(A) Filing.--An action under this subsection
shall be filed not later than 14 days after the date of
the formal vote of the professional sports league
approving or disapproving the proposed relocation.
``(B) Review.--Not later than 30 days after the
filing of the action in accordance with subparagraph
(A), the district court shall issue an order with
respect to that action.
``(4) Standard of review.--The scope of judicial review in
any action under this subsection shall be limited to a
determination of whether--
``(A) in deciding whether to approve or disapprove
a proposed relocation, the professional sports league
failed to comply with this section; and
``(B) the decision of the professional sports
league to approve or disapprove a proposed relocation
was arbitrary or capricious.
``(5) Relief granted by court.--
``(A) In general.--In any action under this
subsection, if the district court makes a determination
described in subparagraph (A) or (B) of paragraph (4),
the court shall--
``(i) remand the matter for further
consideration by the professional sports
league; and
``(ii) enjoin any relocation of the member
team at issue until the professional sports
team has reconsidered the matter in accordance
with the order of the court under this
paragraph.
``(B) Limitation.--The court may not grant any
relief in any action under this subsection other than
enjoining or approving enforcement of the decision by
the professional sports league to approve or disapprove
a request submitted under paragraph (1).''. | Sports Antitrust Reform Act of 1996 - Amends the Clayton Act to: (1) authorize a professional sports league to establish a rule authorizing the league membership to decide whether or not a member team may be relocated outside of its home territory and requiring anyone seeking to change the home territory of that member team to obtain the league's approval; and (2) make the antitrust laws inapplicable to any such rule.
Sets forth requirements regarding: (1) requests for relocation approval; (2) procedures for approving or disapproving requests (including criteria to be considered, such as the extent to which fan loyalty and support for the member team have been demonstrated, the extent to which the member team has received public financial support, and whether the stadium or arena authority (if public) is opposed to the relocation); (3) hearings; and (4) judicial review. | Sports Antitrust Reform Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Share the Sacrifice Act of 2007''.
SEC. 2. ESTABLISHMENT OF TEMPORARY IRAQ WAR SURTAX.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to normal taxes and surtaxes) is amended by
adding at the end the following new part:
``PART VIII--TEMPORARY IRAQ WAR SURTAX
``Sec. 59B. Temporary Iraq war surtax.
``SEC. 59B. TEMPORARY IRAQ WAR SURTAX.
``(a) In General.--In the case of any taxable year beginning in
2008--
``(1) Joint returns.--In the case of a joint return with
net income tax liability, the tax imposed under this chapter
shall be increased by the amount of the surtax determined in
accordance with the following table:
``If net income tax liability is: The surtax is:
Not over $10,600...............
2.5% of net income tax
liability
Over $10,600 but not over
$22,600.
$265, plus 5% of the excess
over $10,600
Over $22,600 but not over
$36,400.
$865, plus 11% of the excess
over $22,600
Over $36,400...................
$2,383, plus 16% of the excess
over $36,400
``(2) Other individuals, trusts, and estates.--In the case
of any individual, trust, or estate with net income tax
liability (other than a joint return), the tax imposed under
this chapter shall be increased by the amount of the surtax
determined in accordance with the following table:
``If net income tax liability is: The surtax is:
Not over $5,300................
2.5% of net income tax
liability
Over $5,300 but not over
$11,300.
$132.50, plus 5% of the excess
over $5,300
Over $11,300 but not over
$18,200.
$432.50, plus 11% of the excess
over $11,300
Over $18,200...................
$1,191.50, plus 16% of the
excess over $18,200
``(3) Corporations.--In the case of any corporation with
net income tax liability, the tax imposed under this chapter
shall be increased by an amount equal to such net income tax
liability multiplied by 16 percent.
``(b) Certain Exceptions for Individuals.--
``(1) Certain exceptions related to military service.--
``(A) In general.--Subsection (a) shall not apply
to--
``(i) any member of the Armed Forces of the
United States who received compensation which
was excludible from gross income under section
112 (relating to certain combat zone
compensation of members of the Armed Forces)
during the taxable year involved or any taxable
year ending on or after September 11, 2001, or
``(ii) any individual who received a death
gratuity payable under chapter 75 of title 10,
United States Code, with respect to any
decedent who--
``(I) is described in clause (i),
and
``(II) died on or after September
11, 2001, and before the close of the
taxable year involved.
``(B) Joint returns.--In the case of a joint
return, the taxpayer shall be treated as described in
clause (i) or (ii) of subparagraph (A) if either spouse
is so described.
``(2) Exception based on adjusted gross income.--Subsection
(a) shall not apply to any individual if the adjusted gross
income of the taxpayer is not in excess of $30,000.
``(c) Net Income Tax Liability Defined.--For purposes of this
section, the term `net income tax liability' means the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) and the tax imposed by section 55, over
``(2) the credits allowed under part IV (other than
sections 31, 33, and 34).
``(d) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this part shall not be treated as tax
imposed by this chapter for purposes of determining the amount of any
credit under this chapter or for purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. Temporary Iraq War Surtax.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
(d) Section 15 Not To Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986. | Share the Sacrifice Act of 2007 - Amends the Internal Revenue Code to impose an Iraq War surtax on the net income tax liabilities of individuals, estates and trusts, and corporations. Exempts from such surtax: (1) members of the Armed Forces who have received combat pay after September 11, 2001; (2) survivors of military personnel who received a death gratuity; and (3) taxpayers with adjusted gross income not in excess of $30,000. | To amend the Internal Revenue Code of 1986 to establish a temporary surtax to offset the current costs of the Iraq war. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Housing Enhancement
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there exist--
(A) a unique relationship between the Government of
the United States and the governments of Indian tribes;
and
(B) a unique Federal trust responsibility to Indian
people;
(2) Native Americans experience some of the worst housing
conditions in the country, with--
(A) 32.6 percent of Native homes being overcrowded;
(B) 33 percent lacking adequate solid waste
management systems;
(C) 8 percent lacking a safe indoor water supply;
and
(D) approximately 90,000 Native families who are
homeless or underhoused;
(3) the poverty rate for Native Americans is twice that of
the rest of the population of the United States;
(4) the population growth of Native Americans that began in
the latter part of the 20th century increased the need for
Federal housing services;
(5) the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) provides
Indian tribes the ability to determine the amount of rental and
homebuyer payments;
(6) to fully recognize tribal self-determination, that Act
should be amended to eliminate the mandatory rental and payment
ceiling of 30 percent of adjusted income for the low-income
participants and replace the ceiling with a fair market rent
ceiling as a workable and simple method to ensure that
participants in the assisted program under the Act do not pay
more for housing than the fair market rate;
(7) elimination of the 30-percent ceiling requirement
will--
(A) discontinue the complex and unnecessary income
disclosure, income verification, and deduction
calculation procedures currently engaged in by Indian
tribes and tribally designated housing authorities; and
(B) release tribal resources that may be used more
productively for addressing the urgent housing need in
Indian country;
(8)(A) the Act allows little or no opportunity for Indian
tribes and tribally designated housing authorities to establish
a reasonable amount of reserves for efficient operation of
housing programs or projects and proper maintenance of housing
units; and
(B) the Act should be amended to allow Indian tribes and
tribally designated housing authorities the opportunity to
establish, manage, and administer a reasonable reserve account
to ensure the professional operation of the necessary housing
programs;
(9)(A) under the requirements of the Act, members of Indian
tribes are given preference for housing programs;
(B) a primary purpose of the Act is to allow Indian tribes
to leverage funds with other Federal and private funds;
(C) the Department of Agriculture has been a significant
funding source for funding housing for Indian tribes; and
(D) to allow assistance provided under the Act and
assistance provided by the Secretary of Agriculture under other
law to be combined to meet the severe housing needs of Indian
tribes, the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should
be amended to clearly state that the preference referred to in
subparagraph (A) does not violate the Civil Rights Act of 1964
(42 U.S.C. 2000d); and
(10) the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 12899f(2)) should be amended to include Indian
tribes, tribally designated housing entities, or other agencies
that primarily serve Indians as eligible applicants for
Youthbuild grants.
SEC. 3. FAIR MARKET RENT.
(a) Definition of Fair Market Rent.--Section 4 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103) is amended--
(1) by redesignating paragraphs (6) through (22) as
paragraphs (7) through (23), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) Fair market rent.--The term `fair market rent', with
respect to a dwelling unit, means a fair market rent,
determined by the Secretary not less than annually, for
existing or newly constructed dwelling units of a size and type
similar to, and located in the same market area as, the
dwelling unit.''.
(b) Program Requirements.--Section 203 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133)
is amended by striking subsection (a) and inserting the following:
``(a) Rents and Housing Payments.--
``(1) Policies.--Each recipient shall develop written
policies governing rents and homebuyer payments charged for
dwelling units assisted under this Act, including the method by
which the rents and homebuyer payments are determined.
``(2) Maximum rental unit rent.--In the case of a low-
income family residing in a rental dwelling unit assisted with
grant amounts under this Act, the monthly rent for the dwelling
unit shall not exceed the fair market rent.
``(3) Maximum lease purchase homebuyer payment.--In the
case of a low-income family residing in a lease purchase
dwelling unit assisted with grant amounts under this Act, the
monthly homebuyer payment for the dwelling unit shall not
exceed, at the election of the recipient--
``(A) 30 percent of the monthly adjusted income of
the low-income family; or
``(B) the fair market rent.
``(4) No required recertification.--The Secretary shall not
require mandatory re-certification of the incomes of families
residing in rental or lease purchase dwelling units assisted
with grant amounts under this Act.''.
SEC. 4. RESERVE ACCOUNTS.
Section 203(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(b)) is amended--
(1) in the first sentence--
(A) by striking ``Each recipient'' and inserting
the following:
``(1) In general.--Each recipient''; and
(B) by striking ``reserve'' and all that follows
and inserting the following: ``maintain such amounts of
reserves as are necessary to ensure the payment of--
``(A) principal and interest as it becomes due on
any bonds or other obligations relating to the housing;
and
``(B) the costs of maintaining and operating the
housing (including the costs of insurance and
administrative expenses).''; and
(2) in the second sentence, by striking ``This subsection''
and inserting the following:
``(2) Effect of subsection.--This subsection''.
SEC. 5. TREATMENT OF PROGRAM INCOME.
Section 104(a)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by
inserting ``restrict access to or'' after ``not''.
SEC. 6. CIVIL RIGHTS COMPLIANCE.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following:
``SEC. 543. INDIAN TRIBES.
``The giving of a preference to members of an Indian tribe for the
use of any dwelling or other building constructed, improved, altered,
repaired, replaced, or otherwise aided with assistance provided under
this title to the Indian tribe shall not constitute a violation of
section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d).''.
SEC. 7. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS.
Section 457(2) of the Cranston-Gonzales National Affordable Housing
Act (42 U.S.C. 12899f(2)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) an Indian tribe, tribally designated housing
entity (as defined in section 4 of the Native American
Housing Assistance and Self-Determination Act (25
U.S.C. 4103)), or other agency primarily serving
Indians; and''. | Native American Housing Enhancement Act of 2003 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to define, with respect to a dwelling unit, "fair market rent" as one, determined at least annually by the Secretary of the Interior, for existing or newly constructed dwelling units of a size and type similar to, and located in the same market area as, the dwelling unit.
Modifies program requirements concerning rents and housing payments. Provides that, in the case of a low-income family residing in a rental dwelling unit assisted with grant amounts under this Act, the monthly rent for the dwelling unit shall not exceed the fair market rent. States that, if such a family resides in a lease purchase dwelling unit assisted with such grant amounts, the monthly homebuyer payment shall not exceed, at the recipient's election, either 30 percent of the monthly adjusted family income, or the fair market rent.
Prohibits the Secretary from requiring mandatory recertification of the incomes of families residing in rental or lease purchase dwelling units assisted with such grant amounts.
Requires grant recipients to reserve amounts out of such grants to ensure payment of: (1) principal and interest as it becomes due on any bonds or other obligations relating to the housing; and (2) the costs of insurance and administrative expenses for such housing.
Prohibits the Secretary from restricting access to, as well as reducing, a grant amount for any Indian tribe based solely on certain conditions relating to retention of grant income.
Amends the Housing Act of 1949 to declare that the giving of a preference to members of an Indian tribe for the use of any dwelling or other building constructed, improved, altered, repaired, replaced, or otherwise aided with assistance provided under such Act to the Indian tribe shall not constitute a violation of the Civil Rights Act of 1964.
Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants. | A bill to amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing programs for Indians. |
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