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SECTION 1. PURPOSE.
This Act eliminates the marriage penalty.
SEC. 2. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.
(a) In General.--Subpart B of part II of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to income tax returns)
is amended by inserting after section 6013 the following new section:
``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.
``(a) General Rule.--A husband and wife may make a combined return
of income taxes under subtitle A under which--
``(1) a separate taxable income is determined for each
spouse by applying the rules provided in this section, and
``(2) the tax imposed by section 1 is the aggregate amount
resulting from applying the separate rates set forth in section
1(c) to each such taxable income.
``(b) Treatment of Income.--For purposes of this section--
``(1) earned income (within the meaning of section 911(d)),
and any income received as a pension or annuity which arises
from an employer-employee relationship, shall be treated as the
income of the spouse who rendered the services, and
``(2) income from property shall be divided between the
spouses in accordance with their respective ownership rights in
such property.
``(c) Treatment of Deductions.--For purposes of this section--
``(1) except as otherwise provided in this subsection, the
deductions allowed by section 62(a) shall be allowed to the
spouse treated as having the income to which such deductions
relate,
``(2) the deduction for retirement savings described in
paragraph (7) of section 62(a) shall be allowed to the spouse
for whose benefit the savings are maintained,
``(3) the deduction for alimony described in paragraph (10)
of section 62(a) shall be allowed to the spouse who has the
liability to pay the alimony,
``(4) the deduction referred to in paragraph (16) of
section 62(a) (relating to contributions to medical savings
accounts) shall be allowed to the spouse with respect to whose
employment or self-employment such account relates,
``(5) the deductions allowable by section 151 (relating to
personal exemptions) shall be determined by requiring each
spouse to claim 1 personal exemption and by allocating the
personal exemptions under section 151(c) (relating to
dependents) as provided in paragraph (7) or in such other
manner as the spouses agree,
``(6) section 63 shall be applied as if such spouses were
not married, and
``(7) each spouse's share of all other deductions shall be
determined by multiplying the aggregate amount thereof by the
fraction--
``(A) the numerator of which is such spouse's
adjusted gross income, and
``(B) the denominator of which is the combined
adjusted gross incomes of the 2 spouses.
Any fraction determined under paragraph (7) shall be rounded to the
nearest percentage point.
``(d) Treatment of Credits.--Credits shall be determined (and
applied against the joint liability of the couple for tax) as if the
spouses had filed a joint return.
``(e) Treatment as Joint Return.--Except as otherwise provided in
this section or in the regulations prescribed hereunder, for purposes
of this title (other than sections 1 and 63(c)) a combined return under
this section shall be treated as a joint return.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''.
(b) Unmarried Rate Made Applicable.--So much of subsection (c) of
section 1 of such Code as precedes the table is amended to read as
follows:
``(c) Separate or Unmarried Return Rate.--There is hereby imposed
on the taxable income of every individual (other than a married
individual (as defined in section 7703) filing a joint return or a
separate return, a surviving spouse as defined in section 2(a), or a
head of household as defined in section 2(b)) a tax determined in
accordance with the following table:''.
(c) Basic Standard Deduction for Unmarried Individuals Made
Applicable.--Subparagraph (C) of section 63(c)(2) of such Code is
amended by striking all that follows the dollar amount and inserting
``in the case of an individual who is not--
``(i) a married individual filing a joint
return or a separate return,
``(ii) a surviving spouse, or
``(iii) a head of household, or''.
(d) Clerical Amendment.--The table of sections for subpart B of
part II of subchapter A of chapter 61 of such Code is amended by
inserting after the item relating to section 6013 the following:
``Sec. 6013A. Combined return with
separate rates.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate. | To amend the Internal Revenue Code of 1986 to allow the taxable income of each spouse of a married couple to be taxed using either the rates applicable to single filers or the rates applicable to joint returns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian Reservation
Transportation Improvement Program Act''.
SEC. 2. INDIAN RESERVATION ROADS.
(a) Authorization of Appropriations.--Section 1101(a)(8)(A) of the
Transportation Equity Act for the 21st Century (112 Stat. 112) is
amended by striking ``of such title'' and all that follows and
inserting ``of that title--
``(i) $225,000,000 for fiscal year 1998;
``(ii) $275,000,000 for each of fiscal
years 1999 through 2003;
``(iii) $330,000,000 for fiscal year 2004;
``(iv) $360,000,000 for fiscal year 2005;
``(v) $390,000,000 for fiscal year 2006;
``(vi) $420,000,000 for fiscal year 2007;
``(vii) $450,000,000 for fiscal year 2008;
and
``(viii) $480,000,000 for fiscal year
2009.''.
(b) Additional Authorization of Contract Authority for States With
Indian Reservations.--Section 1214(d)(5)(A) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is
amended by inserting before the period at the end the following: ``,
$3,000,000 for each of fiscal years 2004 and 2005, $4,000,000 for each
of fiscal years 2006 and 2007, and $5,000,000 for each of fiscal years
2008 and 2009''.
(c) Indian Reservation Road Bridges.--Section 202(d)(4)(B) of title
23, United States Code, is amended--
(1) by striking ``(B) Reservation.--Of the amounts'' and
all that follows through ``to replace,'' and inserting the
following:
``(B) Funding.--
``(i) Reservation of funds.--
Notwithstanding any other provision of law,
there is authorized to be appropriated from the
Highway Trust Fund $15,000,000 for each of
fiscal years 2004 through 2009 to carry out
planning, design, engineering, preconstruction,
construction, and inspection of projects to
replace,''; and
(2) by adding at the end the following:
``(ii) Availability.--Funds made available
to carry out this subparagraph--
``(I) shall be available for
obligation in the same manner as if the
funds were apportioned under chapter 1;
and
``(II) shall not be used to pay any
administrative costs.''.
SEC. 3. INDIAN RESERVATION RURAL TRANSIT PROGRAM.
Section 5311 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Indian Reservation Rural Transit Program.--
``(1) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian tribe' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
``(B) Reservation.--The term `reservation' means--
``(i) an Indian reservation in existence as
of the date of enactment of this subsection;
``(ii) a public domain Indian allotment;
and
``(iii) an Indian reservation in the State
of Oklahoma that existed at any time before,
but is no longer in existence as of, the date
of enactment of this subsection.
``(C) Secretary.--The term `Secretary' means the
Secretary of Transportation, acting through the
Administrator of the Federal Highway Administration.
``(2) Program.--The Secretary shall establish and carry out
a program to provide competitive grants to Indian tribes to
establish rural transit programs on reservations or other land
under the jurisdiction of the Indian tribes.
``(3) Cooperation.--The Secretary shall--
``(A) establish and maintain intra-agency
cooperation between the Federal Highway Administration
and the Federal Transit Administration in--
``(i) administering tribal transit programs
funded by the Federal Highway Administration;
and
``(ii) exploring options for the transfer
of funds from the Federal Highway
Administration to the Federal Transit
Administration for the direct funding of tribal
transit programs; and
``(B) establish and maintain working relationships
with representatives of regional tribal technical
assistance programs to ensure proper administration of
ongoing and future tribal transit programs carried out
using Federal funds.
``(4) Funding.--Notwithstanding any other provision of law,
for each fiscal year, of the amount made available to carry out
this section under section 5338 for the fiscal year, the
Secretary shall use $20,000,000 to carry out this
subsection.''. | American Indian Reservation Transportation Improvement Program Act - Amends the Transportation Equity Act for the 21st Century to authorize appropriations for Indian reservation roads under the Federal Lands Highways Program through FY 2009.
Authorizes appropriations to carry out the planning, design, engineering, preconstruction, construction, and inspection of certain projects concerning deficient Indian reservation road bridges through FY 2009.
Directs the Secretary to issue grants to Indian tribes to establish rural transit programs on reservations or other land under the jurisdiction of the tribes.
Directs the Secretary to establish and maintain: (1) intra-agency cooperation between the Federal Highway Administration (FHA) and the Federal Transit Administration (FTA) in administering tribal transit programs funded by the FHA, and exploring options for the transfer of funds from the FHA to the FTA for the direct funding of tribal transit programs; and (2) working relationships with representatives of regional tribal technical assistance programs to ensure proper administration of ongoing and future tribal transit programs carried out using Federal funds. | A bill to amend the Transportation Equity Act for the 21st Century to provide from the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancement of Military Benefits
Act''.
SEC. 2. 2001 PAY RAISE FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2001 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001, the rates
of monthly basic pay for members of the uniformed services are
increased by 4.8 percent.
SEC. 3. EXPANSION OF MEDICARE SUBVENTION PROJECT FOR MILITARY RETIREES
AND DEPENDENTS.
(a) Expansion of Sites.--
(1) Expansion to 16 sites.--Effective January 1, 2001,
subsection (b)(2) of section 1896 of the Social Security Act
(42 U.S.C. 1395ggg) is amended by striking ``6'' and inserting
``16''.
(2) Future repeal of limitation on number of sites.--
Effective October 1, 2003, paragraph (2) of section 1896(b) of
such Act is amended to read as follows:
``(2) Location of sites.--The program shall be conducted in
any site designated jointly by the administering
Secretaries.''.
(b) Making Project Permanent; Changes in Project References.--
(1) Elimination of time limitation.--Paragraph (4) of
section 1896(b) of such Act is repealed.
(2) Treatment of caps.--Subsection (i)(4) of section 1896
of such Act is amended by adding at the end the following:
``This paragraph shall not apply after calendar year 2001.''.
(3) Conforming changes of references to demonstration
project.--Section 1896 of such Act is further amended--
(A) in the heading, by striking ``demonstration
project'' and inserting ``program'';
(B) by amending subsection (a)(2) to read as
follows:
``(2) Program.--The term `program' means the program
carried out under this section.'';
(C) in the heading to subsection (b), by striking
``Demonstration Project'' and inserting ``Program'';
(D) by striking ``demonstration project'' or
``project'' each place either appears and inserting
``program'';
(E) in subsection (k)(2)--
(i) by striking ``extension and expansion
of demonstration project'' and inserting
``program''; and
(ii) by striking subparagraphs (A) through
(C) and inserting the following:
``(A) whether there is a cost to the health care
program under this title in conducting the program
under this section; and
``(B) whether the terms and conditions of the
program should be modified.''.
(4) Additional conforming amendment.--Paragraph (5) of
section 1896(b) of such Act is repealed.
(c) Permitting Payment on a Fee-for-Service Basis.--
(1) In general.--Section 1896 of the Social Security Act is
further amended by adding at the end the following new
subsection:
``(l) Payment on a Fee-for-Service Basis.--Instead of the payment
method described in subsection (i)(1) and in the case of individuals
who are not enrolled in the program in the manner described in
subsection (d)(1), the Secretary may reimburse the Secretary of Defense
for services provided under the program at a rate that does not exceed
the rate of payment that would otherwise be made under this title for
such services if sections 1814(c) and 1835(d), and paragraphs (2) and
(3) of section 1862(a), did not apply.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsections (b)(1)(B)(v) and
(b)(1)(B)(viii)(I), by inserting ``or subsection (l)''
after ``subsection (i)';
(B) in subsection (b)(2), by adding at the end the
following: ``If feasible, at least one of the sites
shall be conducted using the fee-for-service
reimbursement method described in subsection (l).'';
(C) in subsection (d)(1)(A), by inserting
``(insofar as it provides for the enrollment of
individuals and payment on the basis described in
subsection (i))'' before ``shall meet'';
(D) in subsection (d)(1)(A), by inserting ``and the
program (insofar as it provides for payment for
facility services on the basis described in subsection
(l)) shall meet all requirements for such facilities
under this title'' after ``medicare payments'';
(E) in subsection (d)(2), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``shall comply'';
(F) in subsection (g)(1), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``the Secretary of Defense'';
(G) in subsection (i)(1), by inserting ``and
subsection (l)'' after ``of this subsection'';
(H) in subsection (i)(4), by inserting ``and
subsection (l)'' after ``under this subsection''; and
(I) in subsection (j)(2)(B)(ii), by inserting ``or
subsection (l)'' after ``subsection (i)(1)''.
(3) Effective date.--The amendments made by this subsection
take effect on January 1, 2001, and apply to services furnished
on or after such date.
(d) Elimination of Restriction on Eligibility.--Section 1896(b)(1)
of such Act is amended by adding at the end the following new
subparagraph:
``(C) Elimination of restrictive policy.--If the
enrollment capacity in the program has been reached at
a particular site designated under paragraph (2) and
the Secretary therefore limits enrollment at the site
to medicare-eligible military retirees and dependents
who are enrolled in TRICARE Prime (as defined for
purposes of chapter 55 of title 10, United States Code)
at the site immediately before attaining 65 years of
age, participation in the program by a retiree or
dependent at such site shall not be restricted based on
whether the retiree or dependent has a civilian primary
care manager instead of a military primary care
manager.''.
(e) Medigap Protection for Enrollees.--Section 1896 of such Act is
further amended by adding at the end the following new subsection:
``(m) Medigap Protection for Enrollees.--(1) Subject to paragraph
(2), the provisions of section 1882(s)(3) (other than clauses (i)
through (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security
Act shall apply to any enrollment (and termination of enrollment) in
the program (for which payment is made on the basis described in
subsection (i)) in the same manner as they apply to enrollment (and
termination of enrollment) with a Medicare+Choice organization in a
Medicare+Choice plan.
``(2) In applying paragraph (1)--
``(A) in the case of enrollments occurring before January
1, 2001, any reference in clause (v) or (vi) of section
1882(s)(3)(B) of such Act to 12 months is deemed a reference to
the period ending on December 31, 2001; and
``(B) the notification required under section 1882(s)(3)(D)
of such Act shall be provided in a manner specified by the
Secretary of Defense in consultation with the Director of the
Office of Personnel Management.''.
SEC. 4. INCREASE IN MILITARY SURVIVOR BENEFIT PLAN ANNUITIES FOR
BENEFICIARIES 62 YEARS OF AGE AND OLDER.
(a) Repeal of Annuity Reduction at Age 62.--(1) Subsection (a) of
section 1451 of title 10, United States Code, is amended to read as
follows:
``(a) Computation of Annuity for a Spouse, Former Spouse, or
Child.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a) of this title
(other than under section 1450(a)(4)), the monthly annuity
shall be the amount equal to 55 percent of the base amount.
``(2) Reserve-component annuity.--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a) of this title (other than under section 1450(a)(4)),
the monthly annuity payable to the beneficiary shall be the
amount equal to a percentage of the base amount that--
``(A) is less than 55 percent; and
``(B) is determined under subsection (f).''.
(2) Subsection (c)(1) of such section is amended to read as
follows:
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the
monthly annuity shall be the amount equal to 55 percent of the
retired pay to which the member or former member would have
been entitled if the member or former member had been entitled
to that pay based upon his years of active service when he
died.''.
(3) Subsections (d) and (e) of such section are repealed.
(b) Termination of Supplemental SBP Program.--The Secretary of
Defense shall terminate the Supplemental Survivor Benefit Plan program
under subchapter III of chapter 73 of title 10, United States Code,
effective on the date specified in subsection (d). No annuity may be
paid under that subchapter, and no reduction in retired pay may be made
under that subchapter, for any period on or after that date.
(c) Recomputation of Annuities.--Effective as of the date specified
in subsection (d), the Secretary concerned shall recompute annuities
payable under subchapter II of chapter 73 of title 10, United States
Code, as necessary so that each such annuity is in the amount that
would be in effect if initially computed under section 1450 of title
10, United States Code, as amended by subsection (a).
(d) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2000, and shall apply to payments under
chapter 73 of title 10, United States Code, for months beginning on or
after that date.
SEC. 5. INCLUSION OF UNIFORMED SERVICES RETIREES AND DEPENDENTS IN
FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1108 the following new section:
``Sec. 1108a. Health care coverage through Federal Employees Health
Benefits program: retirees and dependents
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management under which eligible
beneficiaries described in subsection (b) may enroll in health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title; or
``(B) an individual who is a dependent of such a member or
former member.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 as a condition for enrollment in health benefits
plans offered through the Federal Employees Health Benefits program
under this section.
``(c) Separate Risk Pools; Charges.--(1) The Director of the Office
of Personnel Management shall require health benefits plans under
chapter 89 of title 5 that participate under this section to maintain a
separate risk pool for purposes of establishing premium rates for
eligible beneficiaries who enroll in such a plan in accordance with
this section.
``(2) The Director shall determine total subscription charges for
self only or for family coverage for eligible beneficiaries who enroll
in a health benefits plan under chapter 89 of title 5 in accordance
with this section. The subscription charges shall include premium
charges paid to the plan and amounts described in section 8906(c) of
title 5 for administrative expenses and contingency reserves.
``(d) Government Contributions.--The Secretary of Defense shall be
responsible for the Government contribution for an eligible beneficiary
who enrolls in a health benefits plan under chapter 89 of title 5 in
accordance with this section, except that the amount of the
contribution may not exceed the amount of the Government contribution
which would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.''.
(b) Conforming Amendments.--(1) The table of sections at the
beginning of chapter 55 of title 10, United States Code, is amended by
inserting after the item relating to section 1108 the following new
item:
``1108a. Health care coverage through Federal Employees Health Benefits
program: retirees and dependents.''.
(2) Chapter 89 of title 5, United States Code, is amended in
section 8905(d) by inserting ``or 1108a'' after ``section 1108''. | Amends title XVIII (Medicare) of the Social Security Act to extend to up to 16 (currently six) the number of authorized sites for the Medicare subvention demonstration project (a project under which the Secretary of Health and Human Services reimburses the Secretary of Defense (Secretary) for certain services provided through the Department of Defense for Medicare-eligible military retirees and dependents). Makes such demonstration project permanent (currently terminates on January 1, 2001), designating it as a program. Authorizes such reimbursement on a fee-for-service basis in lieu of a current percentage rate. Eliminates a program eligibility restriction based on whether the retiree or dependent has a civilian primary care manager instead of a military primary care manager. Provides Medigap protection for program enrollees in the same manner as applied to enrollment with a Medicare+Choice plan.
Increases from 35 to 55 percent of the base amount of military retired pay the military Survivor Benefit Plan annuity for beneficiaries age 62 or older. Directs the Secretary to terminate the Supplemental Survivor Benefit Plan program.
Directs the Secretary to enter into an agreement with the Office of Personnel Management under which members and former members entitled to retired or retainer pay, and their dependents, may enroll in health benefits plans offered through the Federal Employees Health Benefits program (FEHBP). Prohibits such individuals from being required to satisfy any FEHBP eligibility criteria. Makes the Secretary responsible for required Government contributions for such enrollees. | Enhancement of Military Benefits Act |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Working Families
Trade Bonus Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) exports represent a growing share of United States
production, and exports have accounted for more than 10 percent
of the United States gross domestic product in recent years,
(2) export growth represented more than 36 percent of
overall United States growth in gross domestic product between
1987 and 1997,
(3) international trade flows in the United States have
grown twice as fast as the economy since 1950, and, in real
terms, the growth rate for international trade has averaged
about 6.5 percent a year,
(4) between 1987 and 1997, more than 5,500,000 United
States jobs have been created by international trade,
(5) the globalization of the United States economy demands
that appropriate domestic policy measures be undertaken to
assure American workers enjoy the benefits of globalization
rather than be undermined by it, and
(6) when the domestic economy and United States companies
achieve growth and profits from international trade, workers
ought to share in the benefits.
(b) Purpose.--It is the purpose of this Act to assist American
workers in benefiting directly when international trade produces
domestic economic growth.
TITLE I--TRADE BONUS
SEC. 101. DETERMINATION AND ANNOUNCEMENT OF TRADE BONUS.
(a) Determination.--
(1) In general.--The Secretary of Commerce or the
Secretary's delegate shall, for each calendar year after 1998,
determine whether international trade of the United States
contributed to an increase in the gross domestic product of the
United States for such calendar year.
(2) Time for determination; submission.--The Secretary
shall make and submit to the President the determination under
paragraph (1) as soon as practicable after the close of a
calendar year, but in no event later than June 1 of the next
calendar year. Such determination shall be made on the basis of
the most recent available data as of the time of the
determination.
(b) Inclusion in Budget.--The President shall include the
determination under subsection (a) with the supplemental summary of the
budget for the fiscal year beginning in the calendar year following the
calendar year for which the determination was made.
TITLE II--PROVISIONS TO ENSURE WORKERS SHARE IN TRADE BONUS
SEC. 201. UNITED STATES POLICY ON INTERNATIONAL TRADE BONUS.
(a) General Policy of the United States.--It is the policy of the
United States that if there is an increase in the portion of the gross
domestic product of the United States for any calendar year which is
attributable to international trade of the United States--
(1) workers ought to share in the benefits of the increase
through--
(A) the establishment of employee stock purchase
plans by employers that have not already done so,
(B) the expansion of employee stock purchase plans
of employers that have already established such plans,
and
(C) the opportunity to make additional
contributions to individual retirement plans if the
workers are unable to participate in employee stock
purchase plans,
(2) employers should contribute additional compensation to
such employee stock purchase plans in an amount up to $2,000
per employee, and
(3) workers should contribute additional amounts up to
$2,000 to individual retirement plans.
(b) Guidelines.--It is the policy of the United States that any
employer establishing or expanding an employee stock purchase plan
under the policy stated under subsection (a) should--
(1) provide that the amount of additional stock each
employee is able to purchase in any year there is a trade bonus
is the amount determined by the employer but not in excess of
$2,000,
(2) make the plan available to the widest range of
employees without discriminating in favor of highly compensated
employees,
(3) allow for the purchase of the maximum amount of stock
allowed by law at the lowest price allowed by law, and
(4) ensure that the establishment or expansion of such
plan--
(A) provides employees with compensation that is in
addition to the compensation they would normally
receive, and
(B) does not result in a lack of diversification of
an employee's assets, particularly such employee's
retirement assets.
SEC. 202. ELIMINATION OF CAPITAL GAINS TAX ON GAIN FROM STOCK ACQUIRED
THROUGH EMPLOYEE STOCK PURCHASE PLAN.
(a) In General.--Part I of subchapter P of chapter 1 (relating to
treatment of capital gains) is amended by adding at the end the
following new section:
``SEC. 1203. EXCLUSION FOR GAIN FROM STOCK ACQUIRED THROUGH EMPLOYEE
STOCK PURCHASE PLAN.
``(a) General Rule.--Gross income of an employee shall not include
gain from the sale or exchange of stock--
``(1) which was acquired by the employee pursuant to an
exercise of a trade bonus stock option granted under an
employee stock purchase plan (as defined in section 423(b)),
and
``(2) with respect to which the requirements of section
423(a) have been met before the sale or exchange.
``(b) Trade Bonus Stock Option.--For purposes of this section--
``(1) In general.--The term `trade bonus stock option'
means an option which--
``(A) is granted under an employee stock purchase
plan (as defined in section 423(b)) for a plan year
beginning in a calendar year following a calendar year
for which a trade bonus percentage has been determined
under section 101 of the Working Families Trade Bonus
Act, and
``(B) the employer designates, at such time and in
such manner as the Secretary may prescribe, as a trade
bonus stock option.
``(2) Annual limitation.--Options may not be designated as
trade bonus stock options with respect to an employee for any
plan year to the extent that the fair market value of the stock
which may be purchased with such options (determined as of the
time the options are granted) exceeds $2,000.''
(b) Conforming Amendments.--
(1) Paragraph (9) of section 1(h) (relating to maximum
capital gains rate) is amended by striking ``and section 1202
gain'' and inserting ``section 1202 gain, and gain excluded
from gross income under section 1203(a)''.
(2) Section 172(d)(2)(B) (relating to modifications with
respect to net operating loss deduction) is amended by striking
``section 1202'' and inserting ``sections 1202 and 1203''.
(3) Section 642(c)(4) (relating to adjustments) is amended
by inserting ``or 1203(a)'' after ``section 1202(a)'' and by
inserting ``or 1203'' after ``section 1202''.
(4) Section 643(a)(3) (defining distributable net income)
is amended by striking ``section 1202'' and inserting
``sections 1202 and 1203''.
(5) Section 691(c)(4) (relating to coordination with
capital gain provisions) is amended by inserting ``1203,''
after ``1202,''.
(6) The second sentence of section 871(a)(2) (relating to
capital gains of aliens present in the United States 183 days
or more) is amended by inserting ``or 1203'' after ``section
1202''.
(7) The table of sections of part I of subchapter P of
chapter 1 is amended by adding at the end the following:
``Sec. 1203. Exclusion for gain from
stock acquired through employee
stock purchase plan.''
(c) Effective Date.--The amendments made by this section shall
apply to stock acquired on and after the date of the enactment of this
Act.
SEC. 203. TRADE BONUS CONTRIBUTIONS TO INDIVIDUAL RETIREMENT PLANS.
(a) In General.--Section 219(b) (relating to maximum amount of
deduction) is amended by adding at the end the following new paragraph:
``(5) Additional contributions in trade bonus years.--
``(A) In general.--If there is a determination
under section 101 of the Working Families Trade Bonus
Act that there is a trade bonus for any calendar year,
then, in the case of an eligible individual, the dollar
amount in effect under paragraph (1)(A) for taxable
years beginning in the subsequent calendar year shall
be increased by $2,000.
``(B) Eligible individual.--For purposes of
subparagraph (A), the term `eligible individual' means,
with respect to any taxable year, any individual other
than an individual who is eligible to receive a trade
bonus stock option (as defined in section 1203(b)) for
a plan year beginning in the taxable year.''
(b) Conforming Amendments.--
(1) Section 408(a)(1) is amended by striking ``in excess of
$2,000 on behalf of any individual'' and inserting ``on behalf
of any individual in excess of the amount in effect for such
taxable year under section 219(b)(1)(A)''.
(2) Section 408(b)(2)(B) is amended by striking ``$2,000''
and inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(3) Section 408(b) is amended by striking ``$2,000'' in the
matter following paragraph (4) and inserting ``the dollar
amount in effect under section 219(b)(1)(A)''.
(4) Section 408(j) is amended by striking ``$2,000''.
(5) Section 408(p)(8) is amended by striking ``$2,000'' and
inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 204. CREDIT FOR SMALL EMPLOYER STOCK PURCHASE PLAN START-UP COSTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by adding at the end
the following new section:
``SEC. 45D. SMALL EMPLOYER STOCK PURCHASE PLAN CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible employer, the small employer stock purchase plan credit
determined under this section for any taxable year is an amount equal
to the qualified start-up costs paid or incurred by the taxpayer during
the taxable year.
``(b) Limits on Start-Up Costs.--In the case of qualified start-up
costs not paid or incurred directly for the establishment of a
qualified stock purchase plan, the amount of the credit determined
under subsection (a) for any taxable year shall not exceed the lesser
of 50 percent of such costs or--
``(1) $2,000 for the first taxable year ending after the
date the employer established the qualified employer plan to
which such costs relate,
``(2) $1,000 for each of the second and third such taxable
years, and
``(3) zero for each taxable year thereafter.
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--
``(A) In general.--The term `eligible employer'
means, with respect to any year, an employer which has
100 or fewer employees who received at least $5,000 of
compensation from the employer for the preceding year.
``(B) Requirement for new qualified employer
plans.--Such term shall not include an employer if,
during the 3-taxable year period immediately preceding
the 1st taxable year for which the credit under this
section is otherwise allowable for a qualified stock
purchase plan of the employer, the employer and each
member of any controlled group including the employer
(or any predecessor of either) established or
maintained an employee stock purchase plan with respect
to which contributions were made, or benefits were
accrued, for substantially the same employees as are in
the qualified stock purchase plan.
``(2) Qualified start-up costs.--The term `qualified start-
up costs' means any ordinary and necessary expenses of an
eligible employer which are paid or incurred in connection
with--
``(A) the establishment or maintenance of a
qualified stock purchase plan in which employees are
eligible to participate, and
``(B) providing educational information to
employees regarding participation in such plan and the
benefits of participating in the plan.
Such term does not include services related to retirement
planning, including tax preparation, accounting, legal, or
brokerage services.
``(3) Qualified stock purchase plan.--
``(A) In general.--The term `qualified stock
purchase plan' means an employee stock purchase plan
which--
``(i) allows an employer to designate
options as trade bonus stock options for
purposes of section 1203,
``(ii) limits the amount of options which
may be so designated for any employee to not
more than $2,000 per year, and
``(iii) does not discriminate in favor of
highly compensated employees (within the
meaning of section 414(q)).
``(B) Employee stock purchase plan.--The term
`employee stock purchase plan' has the meaning given
such term by section 423(b).
``(d) Special Rules.--
``(1) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (n) or (o) of section 414, shall be treated as one
person. All qualified stock purchase plans of an employer shall
be treated as a single qualified stock purchase plan.
``(2) Disallowance of deduction.--No deduction shall be
allowable under this chapter for any qualified start-up costs
for which a credit is determined under subsection (a).
``(3) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.''
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) (defining current year business credit) is amended by striking
``plus'' at the end of paragraph (11), by striking the period at the
end of paragraph (12) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(13) in the case of an eligible employer (as defined in
section 45D(c)), the small employer stock purchase plan credit
determined under section 45D(a).''
(c) Portion of Credit Refundable.--Section 38(c) (relating to
limitation based on amount of tax) is amended by adding at the end the
following new paragraph:
``(4) Portion of small employer pension plan credit
refundable.--
``(A) In general.--In the case of the small
employer stock purchase plan credit under subsection
(b)(13), the aggregate credits allowed under subpart C
shall be increased by the lesser of--
``(i) the credit which would be allowed
without regard to this paragraph and the
limitation under paragraph (1), or
``(ii) the amount by which the aggregate
amount of credits allowed by this section
(without regard to this paragraph) would
increase if the limitation under paragraph (1)
were increased by the taxpayer's applicable
payroll taxes for the taxable year.
``(B) Treatment of credit.--The amount of the
credit allowed under this paragraph shall not be
treated as a credit allowed under this subpart and
shall reduce the amount of the credit allowed under
this section for the taxable year.
``(C) Applicable payroll taxes.--For purposes of
this paragraph--
``(i) In general.--The term `applicable
payroll taxes' means, with respect to any
taxpayer for any taxable year--
``(I) the amount of the taxes
imposed by sections 3111 and 3221(a) on
compensation paid by the taxpayer
during the taxable year,
``(II) 50 percent of the taxes
imposed by section 1401 on the self-
employment income of the taxpayer
during the taxable year, and
``(III) 50 percent of the taxes
imposed by section 3211(a)(1) on
amounts received by the taxpayer during
the calendar year in which the taxable
year begins.
``(ii) Agreements regarding foreign
affiliates.--Section 24(d)(3)(C) shall apply
for purposes of clause (i).''
(d) Conforming Amendment.--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. 45D. Small employer stock purchase
plan credit.''
(e) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred in connection with qualified stock
purchase plans established after the date of the enactment of this Act. | States that if there is an increase in the portion of the gross domestic product of the United States for any calendar year which is attributable to international trade of the United States workers ought to share in the benefits of the increase through employee stock purchase plans and additional contributions to individual retirement plans for those unable to participate in employee stock purchase plans.
Amends the Internal Revenue Code to provide for an exclusion of gain for stock acquired through an employee stock purchase plan when there is a declared trade bonus.
Provides that for any year in which there is a declared trade bonus additional qualified retirement contributions may be made.
Establishes a credit for small employer stock purchase plan start-up costs. | Working Families Trade Bonus Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening America's Bridges
Act''.
SEC. 2. STRENGTHENING AMERICA'S BRIDGES FUND.
(a) Strengthening America's Bridges Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the ``Strengthening
America's Bridges Fund'', consisting of such amounts as may be
appropriated to such fund as provided in paragraph (2).
(2) Transfers to fund.--There is hereby appropriated to the
Strengthening America's Bridges Fund an amount equivalent to
the increase in revenue received in the Treasury by reason of
the amendments made by subsection (b), as determined by the
Secretary of the Treasury (or the Secretary's delegate).
(3) Expenditures from fund.--Amounts in the Strengthening
America's Bridges Fund shall be made available by the Secretary
of Transportation (referred to in this Act as the
``Secretary'') for the purpose of making grants, in accordance
with the requirements of this subsection, to States for the
repair or maintenance of any bridges classified as deficient in
the National Bridge Inventory, as authorized under section
144(b) of title 23, United States Code.
(4) Selection process.--
(A) In general.--The Secretary shall select the
recipients of grants awarded under this subsection in
accordance with the criteria published under
subparagraph (B) and described in paragraph (5).
(B) Publication of criteria.--The Secretary shall
publish selection criteria for any grants awarded under
this subsection not earlier than 60 days after the date
of enactment of this Act.
(C) Timeline for submission.--Applications for
funding made available under this Act shall be
submitted not earlier than 120 days after the date on
which the criteria are published under subparagraph
(B).
(D) Deadline for selection.--The Secretary shall
select and announce all projects selected under this
paragraph not earlier than 60 days after the last day
of the submission period described in subparagraph (C).
(5) Criteria.--In making grants under this subsection, the
Secretary shall ensure--
(A) an equitable geographic distribution of funds,
including an appropriate balance in addressing the
needs of urban and rural areas;
(B) that not more than 25 percent of the funds made
available under this Act are awarded to projects in a
single State;
(C) that not less than 20 percent of the funds
provided under this Act shall be for projects located
in rural areas;
(D) that for projects located in rural areas, the
Secretary may increase the Federal share of costs to
more than 80 percent; and
(E) that priority is given to projects that require
a contribution of Federal funds in order to complete an
overall financing package.
(6) Retention of funds.--The Secretary may retain up to 10
percent of the funds made available to the Secretary under
paragraph (3), and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, to fund
the award and oversight of grants made under this subsection.
(7) Federal share.--Except as provided in paragraph (5)(D),
the Federal share of the costs for which an expenditure is made
under this subsection shall be, at the option of the recipient,
not more than 80 percent.
(b) Social Security Number Required To Claim the Refundable Portion
of the Child Tax Credit.--
(1) In general.--Subsection (e) of section 24 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(e) Identification Requirement With Respect to Qualifying
Children.--
``(1) In general.--Subject to paragraph (2), no credit
shall be allowed under this section to a taxpayer with respect
to any qualifying child unless the taxpayer includes the name
and taxpayer identification number of such qualifying child on
the return of tax for the taxable year.
``(2) Refundable portion.--Subsection (d)(1) shall not
apply to any taxpayer with respect to any qualifying child
unless the taxpayer includes the name and social security
number of such qualifying child on the return of tax for the
taxable year.''.
(2) Omission treated as mathematical or clerical error.--
Subparagraph (I) of section 6213(g)(2) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(I) an omission of a correct TIN under section
24(e)(1) (relating to child tax credit) or a correct
Social Security number required under section 24(e)(2)
(relating to refundable portion of child tax credit),
to be included on a return,''.
(c) Effective Date.--The amendments made by this subsection shall
apply to taxable years beginning after the date of the enactment of
this Act. | Strengthening America's Bridges Act This bill establishes in the Treasury the Strengthening America's Bridges Fund to furnish amounts to the Department of Transportation to make grants to states for the repair or maintenance of any bridges classified as deficient in the National Bridge Inventory. The Internal Revenue Code is amended with respect to the requirement that taxpayers claiming the refundable portion of the child tax credit include on their tax returns the name and taxpayer identification number (e.g., Social Security number) of their qualifying child. Any such credit is disallowed to any taxpayer that fails to include such a name and tax identification number on his or her tax return. Amounts equivalent to the increase in revenues from this child tax credit amendment are appropriated to the Fund for such grants. | Strengthening America's Bridges Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Clinical Services Improvement
Act''.
SEC. 2. MEDICAID PAYMENT FOR SERVICES FURNISHED BY RYAN WHITE PART C
GRANTEES ON A COST-BASED PROSPECTIVE PAYMENT SYSTEM.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(15), by inserting before the
semicolon at the end the following: ``and provide for payment
for services described in section 1905(a) provided by a
recipient of a grant under part C of title XXVI of the Public
Health Service Act in accordance with subsection (ll)''; and
(2) by adding at the end the following new subsection:
``(ll) Payment for Services Provided by Ryan White Part C
Grantees.--
``(1) In general.--Beginning with fiscal year 2016 with
respect to services furnished on or after January 1, 2016, and
each succeeding fiscal year, the State plan shall provide for
payment for services described in section 1905(a) (in this
subsection referred to as `Medicaid covered services')
furnished by a recipient of a grant under part C of title XXVI
of the Public Health Service Act (in this subsection referred
to as a `grantee') in accordance with the provisions of this
subsection.
``(2) Fiscal year 2016.--Subject to paragraph (4), for
services furnished on and after January 1, 2016, during fiscal
year 2016, the State plan shall provide for payment for such
services in an amount (calculated on a per visit or similar
basis as specified by the Secretary) that is equal to 100
percent of the average of the costs of the grantee of
furnishing such services during fiscal years 2014 and 2015
which are reasonable and related to the cost of furnishing such
services, or based on such other tests of reasonableness as the
Secretary prescribes in regulations under section 1833(a)(3),
or, in the case of services to which such regulations do not
apply, the same methodology used under section 1833(a)(3),
adjusted to take into account any increase or decrease in the
scope of such services furnished by the grantee during fiscal
year 2016.
``(3) Fiscal year 2017 and succeeding fiscal years.--
Subject to paragraph (4), for services furnished during fiscal
year 2017 or a succeeding fiscal year, the State plan shall
provide for payment for such services in an amount (calculated
on a per visit or similar basis) that is equal to the amount
calculated for such services under this subsection for the
preceding fiscal year--
``(A) increased by the percentage increase in the
MEI (as defined in section 1842(i)(3)) applicable to
primary care services (as defined in section
1842(i)(4)) for that fiscal year; and
``(B) adjusted to take into account any increase or
decrease in the scope of such services furnished by the
grantee during that fiscal year.
``(4) Establishment of initial year payment amount for new
grantees.--In any case in which an entity first becomes a
grantee after fiscal year 2015, the State plan shall provide
for payment for Medicaid covered services furnished by the
entity in the first fiscal year in which the entity so
qualifies in an amount (calculated on a per visit or similar
basis) that is equal to 100 percent of the costs of furnishing
such services during such fiscal year based on the rates
established under this subsection for the fiscal year for other
such grantees located in the same or adjacent area with a
similar case load or, in the absence of such a grantee, in
accordance with the regulations and methodology referred to in
paragraph (2) or based on such other tests of reasonableness as
the Secretary may specify. For each fiscal year following the
fiscal year in which the entity first qualifies, the State plan
shall provide for the payment amount to be calculated in
accordance with paragraph (3).
``(5) Administration in the case of managed care.--
``(A) In general.--In the case of services
furnished by a grantee pursuant to a contract between
the grantee and a managed care entity (as defined in
section 1932(a)(1)(B)), the State plan shall provide
for payment to the grantee by the State of a
supplemental payment equal to the amount (if any) by
which the amount determined under paragraphs (2), (3),
and (4) exceeds the amount of the payments provided
under the contract.
``(B) Payment schedule.--The supplemental payment
required under subparagraph (A) shall be made pursuant
to a payment schedule agreed to by the State and the
grantee, but in no case less frequently than every 4
months.
``(6) Alternative payment methodologies.--Notwithstanding
any other provision of this section, the State plan may provide
for payment in any fiscal year to a grantee for Medicaid
covered services in an amount which is determined under an
alternative payment methodology that--
``(A) is agreed to by the State and the grantee;
and
``(B) results in payment to the grantee of an
amount which is at least equal to the amount otherwise
required to be paid to the grantee under this
subsection.
``(7) Quality management and reporting requirements.--The
Secretary shall require that, as appropriate, a grantee shall
be subject to quality management and reporting requirements
comparable to those imposed on Federally-qualified health
centers, including reporting of encounter data, clinical
outcomes data, quality data, and such other data as the
Secretary shall require, as a condition of such grantee
receiving payment for Medicaid covered services under this
subsection.''.
(b) Effective Date.--
(1) Except as provided in paragraph (2), the amendments
made by subsection (a) shall apply to services furnished on or
after January 1, 2016, without regard to whether or not final
regulations to carry out such amendments have been promulgated
by such date.
(2) In the case of a State plan for medical assistance
under title XIX of the Social Security Act which the Secretary
of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirement imposed
by the amendments made by subsection (a), the State plan shall
not be regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet this
additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature. | HIV Clinical Services Improvement Act This bill amends title XIX (Medicaid) of the Social Security Act to require payment under the Medicaid program for services furnished by recipients of Ryan White Part C grants, which support comprehensive primary care in outpatient settings for individuals living with HIV. Providers must be paid an amount equivalent to the prior average costs of providing these services. However, a state plan may establish an alternative payment methodology that: (1) is agreed to by the state and the grantee, and (2) results in payment to the grantee that at least equals the amount otherwise required to be paid to the grantee under the bill. As a condition of receiving payment under the bill, a grantee shall be subject to specified quality management and reporting requirements. | HIV Clinical Services Improvement Act |
SECTION 1. CREDIT FOR PLUG-IN HYBRID VEHICLES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30D. PLUG-IN HYBRID VEHICLES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 10 percent of the cost of any qualified plug-in hybrid vehicle
placed in service by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Limitation per vehicle.--The amount of the credit
allowed under subsection (a) for any vehicle shall not exceed
the sum of--
``(A) $4,000 in the case of a plug-in electric
drive vehicle with 4kWh traction battery, and
``(B) $250 for each additional kWh of traction
battery capacity of such vehicle as exceeds 4kWh but
does not exceed 50kWh.
``(2) Application with other credits.--
``(A) Business credit treated as part of general
business credit.--So much of the credit which would be
allowed under subsection (a) for any taxable year
(determined without regard to this paragraph) that is
attributable to property of a character subject to an
allowance for depreciation shall be treated as a credit
listed in section 38(b) for such taxable year (and not
allowed under subsection (a)).
``(B) Personal credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed
the excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A and subpart B (other than this
section).
``(c) Qualified Plug-In Hybrid Vehicle.--For purposes of this
section--
``(1) In general.--The term `qualified plug-in hybrid
vehicle' means a motor vehicle (as defined in section
30(c)(2))--
``(A) the original use of which commences with the
taxpayer,
``(B) which is acquired for use or lease by the
taxpayer and not for resale,
``(C) which is made by a manufacturer,
``(D) which has received a certificate of
conformity under the Clean Air Act, and
``(E) which has not less than 2 onboard sources of
stored energy, different in character from each other,
from which to draw propulsion energy, where--
``(i) at least 1 of such sources is
energized by plugging into an external source
of electric power, and
``(ii) at least 1 of such sources is
energized from an internal combustion engine,
fuel cell, or other means, and such source is
utilized to provide mechanical propulsion to
the vehicle.
``(2) Exception.--The term `qualified plug-in hybrid
vehicle' shall not include any vehicle which is not a passenger
automobile or light truck if such vehicle has a gross vehicle
weight rating of less than 8,500 pounds.
``(3) Other terms.--The terms ``automobile'', ``passenger
automobile'', ``light truck'', and ``manufacturer'' have the
meanings given such terms in regulations prescribed by the
Administrator of the Environmental Protection Agency for
purposes of the administration of title II of the Clean Air Act
(42 U.S.C. 7521 et seq.).
``(4) Kwh traction battery capacity.--The term `kWh
traction battery capacity' means the size of an electro
chemical storage device, expressed in kWh, as measured from a
100 percent state of charge to 0 percent state of charge.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (b)(2)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Denial of double benefit.--No credit shall be allowed
under this section with respect to a vehicle if a credit or
deduction is allowed with respect to such vehicle under any
other provision of this title.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.
``(6) Property used by tax-exempt entity; interaction with
air quality and motor vehicle safety standards.--Rules similar
to the rules of paragraphs (6) and (10) of section 30B(h) shall
apply for purposes of this section.
``(e) Termination.--This section shall not apply to any property
placed in service after December 31, 2014.''.
(b) Plug-in Hybrid Vehicles Not Counted Toward Limitation on Number
of New Qualified Hybrid Vehicles Eligible for 30B Credit.--Section
(30)(B)(f)(5) of such Code (defining qualified vehicle) is amended by
adding at the end the following new sentence: ``Such term shall not
include a qualified plug-in hybrid vehicle (as defined in section
30D(c)).''.
(c) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``and'' at the end of paragraph (30),
by striking the period at the end of paragraph (31) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(32) the portion of the plug-in hybrid vehicle credit to
which section 30D(b)(2)(A) applies.''.
(d) Conforming Amendment.--Section 6501(m) of such Code is amended
by inserting ``30D(d)(5),'' after ``30C(e)(5),''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Amends the Internal Revenue Code to allow a tax credit for 10% of the cost of a qualified plug-in hybrid vehicle. Limits the amount of such credit to $4,000 for vehicles with a 4kWh traction battery, and $250 for each additional kWh of traction battery capacity as exceeds 4kWh but does not exceed 50kWh.
Defines "qualified plug-in hybrid vehicle" as a passenger motor vehicle which has received a certificate of conformity under the Clean Air Act and which has not less than two onboard sources of stored energy, one of which is energized by plugging into an external source of electric power.
Terminates such credit after 2014. | To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of plug-in hybrid vehicles. |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Alaska Native
Claims Technical Amendments Act of 1999''.
(b) Reference.--Whenever in this Act a section or other provision
is amended or repealed, such amendment or repeal shall be considered to
be made to that section or other provision of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601, et seq.).
SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.
Section 7(h)(1)(C)(iii) of the Act (43 U.S.C. 1606(h)(1)(C)(iii))
is amended by inserting before the period at the end the following: ``,
notwithstanding an adoption, relinquishment, or termination of parental
rights that may have altered or severed the legal relationship between
the gift donor and recipient''.
SEC. 3. RELATION TO CIVIL RIGHTS ACT OF 1964.
Section 29(g) of the Act (43 U.S.C. 1626(g)) is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) Any corporation, partnership, joint venture, sole
proprietorship, trust, or affiliate with which a Native Corporation or
its affiliate engages in one or more commercial transactions that
exceed a total of $20,000 in a calendar year shall, when in the course
and scope of such commercial transaction, be within the class of
entities excluded from the definition of `employer' by section
701(b)(1) of Public Law 88-352 (78 Stat. 253).''.
SEC. 4. DEFINITION OF SETTLEMENT TRUST.
Section 3(t)(2) of the Act (43 U.S.C. 1602(t)(2)) is amended by
striking ``sole'' and all that follows through ``Stock'' and inserting
``benefit of shareholders, Natives, and descendants of Natives,''.
SEC. 5. ALASKA NATIVE VETERANS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended as follows:
(1) In subsection (a)(1), insert ``amended'' after
``promulgation of''.
(2) In subsection (a)(1), strike ``subsection (b)'' and
insert ``subsection (b)(1) or (b)(2)'';
(3) In subsection (a)(1), insert ``and may submit an
application for an allotment to the Secretary in accordance
with the provisions of this section'' after ``December 18,
1971''.
(4) Strike subsection (a)(2) and insert the following:
``(2) Allotments may be selected only from--
``(A) lands that were vacant, unappropriated, and
unreserved on the date when the person eligible for the
allotment first used and occupied those lands;
``(B) lands in the National Petroleum Reserve-
Alaska which the person eligible for the allotment used
and occupied;
``(C) lands that were not vacant, unappropriated,
and unreserved on the date when the person eligible for
the allotment first used and occupied those lands, but
which, prior to December 18, 1971, became vacant,
unappropriated, and unreserved during the time that the
person eligible for the allotment used and occupied
those lands; or
``(D) lands that were not vacant, unappropriated,
and unreserved on the date when the person eligible for
the allotment first used and occupied those lands, but
which became vacant, unappropriated, and unreserved
after December 18, 1971, and remain vacant,
unappropriated, and unreserved.''.
(5) In subsection (a)(3)(B), insert ``, and not
relinquished'' after ``provision of law''.
(6) In subsection (a)(3)(C), strike ``Village or Regional''
and insert ``Regional, Village, Urban, or Group''.
(7) In subsection (a)(3)(C), insert ``, and not
relinquished'' after ``Corporation''.
(8) In subsection (a)(3)(E), insert ``Federal'' after
``acquired''.
(9) In subsection (a)(3)(I), strike ``, including but not
limited to the following'' and all that follows through
``Cemetery sites''.
(10) In subsection (a)(4), insert ``described in subsection
(b)(1) or (b)(2)'' after ``A person''.
(11) In subsection (a)(4)(B), strike ``(C)'' after
``section 11(a)(1)''.
(12) In subsection (a)(4)(B), strike ''Park; and'' and
insert ``Park; or''.
(13) In subsection (a)(4)(C), insert ``, or lands withdrawn
solely under section 17(d)(1) of this Act'' after ``lands''.
(14) In subsection (b)(1), strike ``A person'' and insert
``Except as provided in paragraph (3), a person''.
(15) In subsection (b)(1)(B), strike ``January 1, 1969 and
December 31, 1971'' and all that follows through ``December 3,
1971'', and insert ``August 5, 1964, and May 7, 1975, and
served on active duty for at least 6 months''.
(16) In subsection (b)(2), insert ``(as defined pursuant to
State law)'' after ``personal representative''.
(17) In subsection (b)(2), strike ``who was'' and insert
``which decedent would have been''.
(18) In subsection (b)(2), strike ``subsection (b)(1)'' and
insert ``paragraph (1),''.
(19) In subsection (b)(2), strike ``if, during'' and all
that follows through ``prisoner of war.'' and insert ``under
this section.''.
(20) In subsection (b)(3)--
(A) insert ``previously applied for the same
allotment,'' after ``No person who received an
allotment,'';
(B) insert ``application'' after ``pending
allotment'';
(C) strike ``receive'' and insert ``apply for'';
and
(D) insert before the period ``, other than a
person acting in the capacity of a personal
representative of an estate selecting an allotment
pursuant to paragraph (2)''.
(21) In subsection (e)--
(A) strike ``of this section'' and insert ``of the
Alaska Native Claims Technical Amendments Act of
1999'';
(B) strike ``of the Interior'' after ``Secretary'';
(C) insert ``amended'' after ``Alaska Native
groups''; and
(D) insert ``as amended'' after ``rules to carry
out this section''.
(22) Add at the end the following new subsection:
``(f) Approval of Allotments.--
``(1) In general.--Subject to valid existing rights, and
except as otherwise provided in this subsection, within 18
months after close of the application period, the Secretary
shall approve said application and issue a deed in accordance
with the Act of May 17, 1906, which shall be subject to the
same terms, conditions, and protections provided for such
deeds.
``(2) Notification.--Upon receipt of an allotment
application, but in any event, not later than 90 days after the
close of the application period, the Secretary shall notify the
State and all interested parties of the application and the
land description contained therein, and any such party shall
have 12 months following the close of the application period in
which to file with the Secretary a protest as provided in
paragraph (3).
``(3) Effect of protest.--Paragraph (1) shall not apply and
the Native allotment application shall be adjudicated pursuant
to the requirements of the Act of May 17, 1906 (Chapter 2469;
34 Stat. 197), this Act, and other applicable law, if, pursuant
to paragraph (2)--
``(A) a Native Corporation files a protest with the
Secretary stating that the applicant is not entitled to
the land described in the allotment application, and
said land is withdrawn for selection by or has been
conveyed to the Native Corporation pursuant to this
Act;
``(B) the State files a protest with the Secretary
stating that the land described in the allotment
application is necessary for access to lands owned by
the United States, the State of Alaska, or a political
subdivision of the State of Alaska, to resources
located thereon, or to a public body of water regularly
employed for transportation purposes, and the protest
states with specificity the facts upon which the
conclusions concerning access are based and that no
reasonable alternative for access exists;
``(C) a person or entity files a protest with the
Secretary stating that the applicant is not entitled to
the land described in the allotment application and
that said land is the situs of improvements claimed by
the person or entity; or
``(D) a person who resides in the vicinity of the
land described in the allotment application files a
protest with the Secretary stating that the land
described in the allotment application is land subject
to communal use.
``(4) Approval procedure.--Upon expiration of the 18 months
following the close of the application period pursuant to
subsection (a)(1), the Secretary shall--
``(A) if no protest is timely filed, approve the
application pursuant to paragraph (1); or
``(B) if a protest is timely filed, adjudicate the
legal sufficiency of any such protest, and--
``(i) if the protest is legally
insufficient, approve the application; or
``(ii) if the protest is valid, issue a
decision that closes the application and that
is final for the Secretary.''.
SEC. 6. APPLICABILITY OF NATIONAL WILDLIFE REFUGE RESTRICTIONS.
Section 22(g) of the Act is amended by striking ``Notwithstanding''
and all that follows through ``of such Refuge.''.
SEC. 7. ELIM NATIVE CORPORATION LAND RESTORATION.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following new section:
``elim native corporation land restoration
``Sec. 42. (a) Findings.--The Congress finds that--
``(1) approximately 350,000 acres of land were withdrawn by
Executive Orders in 1917 for the use of the United States
Bureau of Education and of the Natives of Indigenous Alaskan
race;
``(2) these lands comprised the Norton Bay Reservation
(later referred to as Norton Bay Native Reserve) and were set
aside for the benefit of the Native inhabitants of the Eskimo
Village of Elim, Alaska;
``(3) in 1929, an Executive Order deleted 50,000 acres of
land from the Norton Bay Reservation, without the informed
consent of the Native residents living on the Reservation, and
the people of Elim believe this deletion violated the Act of
March 3, 1927 (44 Stat. 1347);
``(4) there appears to have been only minimal consultation
conducted by the United States Government with the inhabitants
of Elim prior to this deletion of lands;
``(5) the lands were deleted from the Reservation for the
benefit of others;
``(6) the deleted lands were not offered to be restored to
the original Reservation when lands comprising the Reservation
were made available to the Native inhabitants of Elim under
section 19(b) of this Act at the time of passage of this Act;
``(7) the failure to replace these lands has been and
continues to be a source of deep concern to the indigenous
people of Elim;
``(8) until this matter is dealt with equitably, it will
continue to be a source of great frustration and sense of loss
among the shareholders of the Elim Native Corporation and their
descendants; and
``(9) in light of the above, to replace the lands deleted
in 1929 from the Norton Bay Reservation, which was established
for the benefit of the inhabitants of the Village of Elim,
50,000 acres of land should be conveyed to the Elim Native
Corporation.
``(b) Withdrawal and Availability for Selection.--The lands
described in subsection (c) are withdrawn, subject to valid existing
rights, from all forms of appropriation or disposition under the public
land laws, including the mining and mineral leasing laws, for a period
of 2 years from the date of enactment of this section, for selection by
the Elim Native Corporation.
``(c) Lands Described.--The lands described in this section are
within the boundary of a parcel of land in the vicinity of Elim,
Alaska, more particularly depicted and designated `Temporary Withdrawal
Area' on the map dated August 1, 1999, and entitled Land Withdrawal
Elim Native Corporation Land Restoration.
``(d) Authorization To Select and Receive Title to Lands;
Reservation of Easement.--The Elim Native Corporation is authorized to
select and receive title to 50,000 acres of lands within the boundary
of the lands described in subsection (c) to replace the lands deleted
from the original Norton Bay Reservation. The Secretary is authorized
and directed to receive and adjudicate a selection application filed by
the Elim Native Corporation, and to convey the surface and subsurface
estate in the selected lands to the Elim Native Corporation subject to
the following rules, conditions, and limitations:
``(1) The Elim Native Corporation shall have 2 years from
the date of the enactment of the Alaska Native Claims Technical
Amendments Act of 1999 in which to file its selection of no
more than 60,000 acres of land from the area described in
subsection (c). The selection application shall be filed with
the Bureau of land Management, shall describe a single tract
adjacent to U.S. Survey No. 2548, Alaska, and shall be
reasonably compact, contiguous, and in whole sections except
when separated by unavailable land or when the remaining
entitlement is less than a whole section. The Elim Native
Corporation shall prioritize its selections made pursuant to
this section at the time such selections are filed, and such
prioritization shall be irrevocable. Any lands selected shall
remain withdrawn until conveyed or full entitlement has been
achieved.
``(2) The selection filed by the Elim Native Corporation
pursuant to this section shall be subject to valid existing
rights and may not supersede prior selections of the State of
Alaska, any Native corporation, or valid entries of any private
individual unless such selection or entry is relinquished prior
to any selection by the Elim Native Corporation. Any lands held
within the exterior boundaries of lands conveyed to the Elim
Native Corporation shall have all rights of ingress and egress
to be vested in the inholder and the inholder's agents,
employees, co-venturers, licensees, or subsequent grantees, and
such easements shall be reserved in the conveyance to the Elim
Native Corporation.
``(3) The Bureau of Land Management shall reserve easements
to the United States for the benefit of the public pursuant to
section 17(b) of this Act in the conveyance to the Elim Native
Corporation.
``(4) The Bureau of Land Management may reserve an easement
for the Iditarod National Historic Trail in the conveyance to
the Elim Native Corporation.
``(e) Finality of Selections.--Selection by the Elim Native
Corporation of lands under subsection (d) and final conveyance of those
lands to Elim Native Corporation shall constitute full satisfaction of
any claim of entitlement of the Elim Native Corporation--
``(1) with respect to its land entitlements under section
19(b); and
``(2) with respect to the extinguishment of the Norton Bay
Reservation (as withdrawn by Executive Order No. 2508, dated
January 3, 1917, as amended by Executive Order No. 2525, dated
February 6, 1917).''.
SEC. 8. CLARIFICATION OF LIABILITY FOR CONTAMINATION.
The Act is further amended by adding after the section added by
section 7 of this Act, the following new section:
``clarification of liability for contamination
``Sec. 43. Notwithstanding section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, or any
other provision of law, no person acquiring any interest in land under
this Act shall be liable for the costs of removal or remedial action,
any damages, or any third party liability arising out of or as a result
of any contamination on that land at the time that such land was
acquired under this Act unless such person was directly responsible for
such contamination.''. | Alaska Native Claims Technical Amendments Act of 1999 - Amends the Alaska Native Claims Settlement Act to authorize an Alaska Native to transfer Settlement Common Stock to a descendant notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the donor and recipient.
(Sec. 3) Includes any corporation, partnership, joint venture, sole proprietorship, trust, or affiliate with which a Native Corporation or its affiliate engages in one or more commercial transactions that exceed $20,000 in a calendar year within the entities excluded from the definition of "employer" for purposes of application of the Civil Rights Act of 1964.
(Sec. 4) Includes as a Settlement Trust any trust operated for the benefit of shareholders (current law), Natives, and descendants of Natives.
(Sec. 5) Includes within lands authorized to be allotted to Alaska Native veterans lands: (1) in the National Petroleum Reserve-Alaska which the eligible person used and occupied; (2) that were not vacant, unappropriated, and unreserved when the eligible person first used and occupied such land, but which prior to December 18, 1971, became vacant, unappropriated, and unreserved during the time the eligible person used and occupied the land; or (3) that were not vacant, unappropriated, and unreserved when the eligible person first used and occupied such land, but which became vacant, unappropriated, and unreserved after the above date, and remain so.
Makes eligible for such allotments Alaska veterans who served during the period between August 5, 1964, and May 7, 1975 (currently, the period between January 1, 1969, and December 31, 1971) and served on active duty for at least six months. Outlines allotment approval procedures, including the right to protest a proposed allotment.
(Sec. 7) Withdraws for two years from all forms of appropriation under the public land laws certain lands in the vicinity of Elim, Alaska. Authorizes the Elim Native Corporation to select and receive title to 50, 000 acres of land within the withdrawn lands to replace lands deleted from the original Norton Bay Reservation by executive order in 1929. Outlines selection procedures. States that conveyance of selected lands shall constitute full satisfaction of Corporation claims to replacement lands.
(Sec. 8) States that no person acquiring a land interest under the Alaska Native Claims Settlement Act shall be liable for contamination cleanup costs at the time the land was acquired unless such person was directly responsible for such contamination. | Alaska Native Claims Technical Amendments Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clinical Research Enhancement Act of
1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Clinical research is critical to the advancement of
scientific knowledge and to the development of cures and
improved treatment for disease.
(2) Tremendous advances in biology are opening doors to new
insights into human physiology, pathophysiology and disease,
creating extraordinary opportunities for clinical research.
(3) The United States spent more than $1 trillion on health
care in 1994, but the Federal budget for health research at the
National Institutes of Health was $10 billion, only 1 percent
of that total.
(4) Studies at the Institute of Medicine, the National
Research Council, and the National Academy of Sciences have all
addressed the current problems in clinical research.
(5) The Director of the National Institutes of Health has
recognized the current problems in clinical research and has
through the use of an advisory committee begun to evaluate
these problems.
(6) The current level of training and support for health
professionals in clinical research is fragmented, frequently
undervalued, and potentially underfunded.
(7) Young investigators are not only apprentices for future
positions but a crucial source of energy, enthusiasm, and ideas
in the day-to-day research that constitutes the scientific
enterprise. Serious questions about the future of life-science
research are raised by the following:
(A) The number of young investigators applying for
grants dropped by 54 percent between 1985 and 1993.
(B) The number of federally funded research (R01)
grants awarded to persons under the age of 36 have
decreased by 70 percent from 1985 to 1993.
(C) Newly independent life-scientists are expected
to raise funds to support their new research programs
and a substantial proportion of their own salaries.
(8) The following have been cited as reasons for the
decline in the number of active clinical researchers, and those
choosing this career path:
(A) A medical school graduate incurs an average
debt of $63,000, as reported in the Medical School
Graduation Questionnaire by the American Association of
Medical Colleges (AAMC).
(B) The prolonged period of clinical training
required increases the accumulated debt burden.
(C) The decreasing number of mentors and role
models.
(D) The perceived instability of funding from the
National Institutes of Health and other Federal
agencies.
(E) The almost complete absence of clinical
research training in the curriculum of training grant
awardees.
(F) Academic Medical Centers are experiencing
difficulties in maintaining a proper environment for
research in a highly competitive health care
marketplace, which are compounded by the decreased
willingness of third party payers to cover health care
costs for patients engaged in research studies and
research procedures.
(9) In 1960, general clinical research centers were
established under the Office of the Director of the National
Institutes of Health with an initial appropriation of
$3,000,000.
(10) Appropriations for general clinical research centers
in fiscal year 1995 equal $136,640,000.
(11) In fiscal year 1995, there are 75 general clinical
research centers in operation, supplying patients in the areas
in which such centers operate with access to the most modern
clinical research and clinical research facilities and
technologies.
(12) The average annual amount allocated for each general
clinical research center is $1,000,000, establishing a current
funding level of 75 percent of the amounts approved by the
Advisory Council of the National Center for Research Resources.
(b) Purpose.--It is the purpose of this Act to provide additional
support for and to expand clinical research programs.
SEC. 3. PRESIDENT'S CLINICAL RESEARCH PANEL.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by adding at the end thereof the following new
section:
``SEC. 498C. PRESIDENT'S CLINICAL RESEARCH PANEL.
``(a) Establishment.--The President shall establish a panel to be
known as the `President's Clinical Research Panel' (hereafter referred
to in this section as the `Panel') as a part of the Office of Science
and Technology Policy, to carry out the duties described in this
section.
``(b) Membership.--
``(1) In general.--The Panel shall be composed of 12
individuals appointed by the President and selected from
recommendations submitted by the President of the Institute of
Medicine of the National Academy of Sciences.
``(2) Qualifications.--Individuals appointed to the panel
under paragraph (1) shall, by virtue of their training,
experience and background, be exceptionally qualified to
appraise the status of clinical research both within and
outside of the Federal Government, and should represent
distinguished research scientists and physicians, insurance
companies, pharmaceutical companies, health maintenance
organizations, accreditation and certification organizations
and academic research administrators, and patients.
``(3) Exclusion and advisors.--Officers or employees of the
Federal Government shall not be eligible to be appointed to the
Panel. The Secretary of Health and Human Services, the
Secretary of Defense, the Secretary of Veterans Affairs, the
Assistant to the President for Science and Technology, and
other Cabinet officers as the President determines to be
appropriate may serve as advisors to the Panel.
``(c) Terms and Vacancies.--
``(1) Terms.--Members of the Panel shall be appointed for
3-year terms, except that--
``(A) any member appointed to fill a vacancy
occurring on the Panel prior to the expiration of the
term for which the member's predecessor was appointed,
shall be appointed for the remainder of such term; and
``(B) a member may serve until the member's
successor has taken office.
``(2) Vacancies.--If a vacancy on the Panel occurs, the
President shall make an appointment to fill the vacancy not
later than 90 days after the date on which the vacancy
occurred.
``(3) Reappointments.--A member of the Panel may be
reappointed but may not serve more than 2 consecutive terms.
``(d) Date of Appointment.--The initial members of the Panel shall
be appointed not later than 120 days after the date of enactment of
this section.
``(e) Chairperson and Vice Chairperson.--The President shall
designate one of the members of the Panel to serve as the chairperson
of the Panel and one member to serve as the vice chairperson of the
Panel, each to serve for a term of 1 year.
``(f) Meetings.--The Panel shall meet at the call of the
chairperson, but in no event less than 4 times each year. A transcript
shall be kept of the proceedings of each such meeting of the Panel, and
the chairperson shall make such transcripts available to the public.
Not later than 30 days after the date on which all members of the Panel
have been appointed, the Panel shall hold its first meeting.
``(g) Duties.--The Panel shall evaluate the status of the clinical
research environment throughout the United States, and prepare and
submit periodic progress reports to the President. The Panel shall
submit to the President, the Secretary of Health and Human Services,
the Secretary of Defense, the Secretary of Veterans Affairs, and the
Congress an annual evaluation of the clinical research environment in
the United States and recommendations for improvements and shall submit
such other reports as the President shall direct.
``(h) Personnel Matters.--
``(1) Compensation.--Each member of the Panel shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Panel.
``(2) Travel Expenses.--The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Panel.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to enable the Panel to carry
out this section.''.
SEC. 4. ADVISORY COMMITTEE TO THE DIRECTOR ON CLINICAL RESEARCH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.), as amended by section 3, is further amended by adding at the
end thereof the following new section:
``SEC. 498D. ADVISORY COMMITTEE TO THE DIRECTOR ON CLINICAL RESEARCH.
``(a) In General.--The advisory committee established by the
Director of the National Institutes of Health and known as the Advisory
Committee to the Director on Clinical Research (hereafter referred to
in this section as the `Advisory Committee') shall report to such
Director and to the President's Clinical Research Panel established
under section 498C and shall implement recommendations as determined
necessary by the Advisory Committee to remedy deficiencies in clinical
research within the National Institutes of Health.
``(b) Termination.--The Advisory Committee shall terminate on the
date that occurs 5 years after the date of enactment of this Act.''.
SEC. 5. STUDY SECTION REVIEW.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end thereof the following new
section:
``SEC. 409B. STUDY SECTION REVIEW.
``(a) In General.--The President's Clinical Research Panel shall
direct the Office of Science and Technology Policy to conduct a review
of the compositions, functions, and outcomes of study section
activities at all Federal agencies which conduct or fund such
activities as such activities relate to clinical research proposals for
investigator-initiated support.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 6. INCREASE THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH
IN CLINICAL RESEARCH.
Section 402 of the Public Health Service Act (42 U.S.C. 282) is
amended by adding at the end thereof the following new subsection:
``(l)(1) The Director of NIH shall undertake activities to support
and expand the involvement of the National Institutes of Health in
clinical research.
``(2) In carrying out paragraph (1), the Director of NIH shall--
``(A) increase the number of FIRST grants (R29) for young
clinical investigators;
``(B) design test pilot projects and implement the
recommendations of the Division of Research Grants Clinical
Research Study Group; and
``(C) establish an intramural clinical research fellowship
program (similar to the program established under section
738(b)) and a continuing education clinical research training
program at NIH.
``(3) The Director of NIH, in cooperation with the Director of the
National Institutes of Health and the Directors of the Institutes,
Centers, and Divisions of the National Institutes of Health, shall
support and expand the resources available for the diverse needs of the
clinical research community, including inpatient, outpatient, and
critical care clinical research.
``(4) The Director of NIH, in cooperation with the Director of the
National Center for Research Resources, shall establish peer review
mechanisms to evaluate applications for intramural clinical research
fellowships, clinical research career enhancement awards, and
innovative medical science award programs. Such review mechanisms shall
include individuals who are exceptionally qualified to appraise the
merits of potential clinical research trainees.''.
SEC. 7. GENERAL CLINICAL RESEARCH CENTERS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) as amended by section 5, is further amended by adding at the
end thereof the following new sections:
``SEC. 409C. GENERAL CLINICAL RESEARCH CENTERS.
``(a) Grants.--The Director of the National Center for Research
Resources shall award grants for the establishment of general clinical
research centers to provide the infrastructure for clinical research
including clinical research training and career enhancement. Such
centers shall support clinical studies and career development in all
settings of the hospital or academic medical center involved.
``(b) Activities.--In carrying out subsection (b), the Director of
NIH shall expand the activities of the general clinical research
centers through the increased use of telecommunications and
telemedicine initiatives.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under subsection (a), $200,000,000 for
fiscal year 1997, and such sums as may be necessary for each subsequent
fiscal year.
``SEC. 409D. ENHANCEMENT AWARDS.
``(a) Clinical Research Career Enhancement Award.--
``(1) In general.--The Director of the National Center for
Research Resources shall make grants (to be referred to as
`clinical research career enhancement awards') to support
individual careers in clinical research.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Limitations.--The amount of a grant under this
subsection shall not exceed $130,000 per year per grant. Grants
shall be for terms of 5 years. The Director shall award not
more than 20 grants in the first fiscal year, and not more than
40 grants in the second fiscal year, in which grants are
awarded under this subsection.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to make grants under paragraph
(1), $3,000,000 for fiscal year 1997, and such sums as may be
necessary for each subsequent fiscal year.
``(b) Innovative Medical Science Award.--
``(1) In general.--The Director of the National Center for
Research Resources shall make grants (to be referred to as
`innovative medical science awards') to support individual
clinical research projects.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director requires.
``(3) Limitations.--The amount of a grant under this
subsection shall not exceed $100,000 per year per grant.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to make grants under paragraph
(1), $30,000,000 for fiscal year 1997, and such sums as may be
necessary for each subsequent fiscal year.''.
SEC. 8. CLINICAL RESEARCH ASSISTANCE.
(a) National Research Service Awards.--Section 487(a)(1)(C) of the
Public Health Service Act (42 U.S.C. 288(a)(1)(C)) is amended by
striking ``50 such'' and inserting ``100 such''.
(b) Loan Repayment Program.--Section 487E of the Public Health
Service Act (42 U.S.C. 288-5) is amended--
(1) in the section heading, by striking ``from
disadvantaged backgrounds'';
(2) in subsection (a)(1), by striking ``who are from
disadvantaged backgrounds'';
(3) in subsection (b)--
(A) by striking ``Amounts'' and inserting the
following:
``(1) In general.--Amounts''; and
(B) by adding at the end thereof the following new
paragraph:
``(2) Disadvantaged backgrounds set-aside.--In carrying out
this section, the Secretary shall ensure that not less than 50
percent of the amounts appropriated for a fiscal year are used
for contracts involving those appropriately qualified health
professionals who are from disadvantaged backgrounds.''; and
(4) by adding at the end thereof the following new
subsections:
``(c) Definition.--As used in subsection (a)(1), the term `clinical
research training position' means an individual serving in a general
clinical research center, or a physician receiving a clinical research
career enhancement award or NIH intramural research fellowship.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each fiscal year.''.
SEC. 9. DEFINITION.
Section 409 of the Public Health Service Act (42 U.S.C. 284d) is
amended--
(1) by striking ``For purposes'' and inserting ``(a) Health
Service Research.--For purposes''; and
(2) by adding at the end thereof the following new
subsection:
``(b) Clinical Research.--As used in this title, the term `clinical
research' means patient oriented clinical research conducted with human
subjects, or research on the causes and consequences of disease in
human populations, or on material of human origin (such as tissue
specimens and cognitive phenomena) for which an investigator or
colleague directly interacts with human subjects in an outpatient or
inpatient setting to clarify a problem in human physiology,
pathophysiology, or disease.''. | Clinical Research Enhancement Act of 1996 - Amends the Public Health Service Act to direct the President to establish the President's Clinical Research Panel, as part of the Office of Science and Technology Policy (OSTP), to evaluate the status of the U.S. clinical research environment. Authorizes appropriations.
Requires the Advisory Committee to the Director (of the National Institutes of Health (NIH)) on Clinical Research to report to the Director and to the Panel and to implement recommendations as the Committee determines necessary to remedy NIH clinical research deficiencies. Terminates the Committee five years after enactment of this Act.
Requires the OSTP to review the compositions, functions, and outcomes of study section activities at all Federal agencies as such activities relate to clinical research proposals for investigator-initiated support. Authorizes appropriations.
Requires the Director to: (1) support and expand NIH's clinical research involvement; (2) support and expand available resources; and (3) establish certain peer review mechanisms.
Mandates grants for: (1) the establishment of general clinical research centers to provide the infrastructure for clinical research training and career enhancement; (2) clinical research career enhancement awards; and (3) innovative medical science awards to support individual clinical research projects. Authorizes appropriations.
Increases the maximum aggregate number of contracts that may be made under existing provisions relating to: (1) undergraduate scholarships regarding professions needed by NIH; and (2) loan repayments regarding clinical researchers (currently, clinical researchers from disadvantaged backgrounds). Authorizes appropriations for the loan repayment program. Requires that at least 50 percent of such funds for a fiscal year be used for contracts with qualified health professionals from disadvantaged backgrounds. | Clinical Research Enhancement Act of 1996 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural Jobs and
Investment Act of 1993''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. General appropriation authority.
TITLE I--AGRICULTURE, RURAL DEVELOPMENT AND RELATED AGENCIES
Subtitle A--Farmers Home Administration
Sec. 101. Rural housing insurance fund program account.
Sec. 102. Rental assistance program.
Sec. 103. Rural development insurance fund program account.
Sec. 104. Rural development loans program account.
Sec. 105. Rural water and waste disposal grants.
Sec. 106. Very low-income housing repair grants.
Sec. 107. Supervisory and technical assistance grants.
Sec. 108. Rural housing preservation grants.
Sec. 109. Rural development grants.
Sec. 110. Local technical assistance grants.
Subtitle B--Rural Electrification Administration
Sec. 121. Rural electrification loans program account.
Subtitle C--Office of the Assistant Secretary for Science and Education
Sec. 131. Alternative agricultural research and commercialization.
TITLE II--INTERIOR
Sec. 201. Energy conservation.
TITLE III--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT
Sec. 301. Community development and planning.
Sec. 302. EPA construction grants and state revolving loan fund.
TITLE IV--COMMERCE, JUSTICE, AND STATE
Sec. 401. Microloan Demonstration Program.
SEC. 2. GENERAL APPROPRIATION AUTHORITY.
(a) In General.--Subject to subsection (b), the sums described in
this Act are appropriated, out of any money in the Treasury not
otherwise appropriated, to provide emergency supplemental
appropriations for the fiscal year ending September 30, 1993.
(b) Offsetting Reductions.--Funds under this Act are available only
to the extent that there is an offsetting recision in the budget
authority available for carrying out budget function 050 (National
Defense) or budget function 150 (International Affairs), or both.
TITLE I--AGRICULTURE, RURAL DEVELOPMENT AND RELATED AGENCIES
Subtitle A--Farmers Home Administration
SEC. 101. RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT.
(a) Gross Obligations.--For additional gross obligations for direct
loans as authorized under title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.), to be available from funds in the Rural Housing
Insurance Fund, as follows:
(1) $500,000,000 for loans to borrowers made under section
502 of such Act (42 U.S.C. 1472), as determined by the
Secretary.
(2) $50,000,000 for housing repair loans made under section
504 of such Act (42 U.S.C. 1474).
(3) $250,000,000 for rental housing loans made under
section 515 of such Act (42 U.S.C. 1485).
(b) Cost of Loans.--For an additional amount for the cost, as
defined in section 502(5) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(5)), including the cost of modifying loans, of direct
loans, as follows:
(1) $121,750,000 for low-income housing loans under section
502 of the Housing Act of 1949 (42 U.S.C. 1472).
(2) $20,090,000 for housing repair loans under section 504
of such Act (42 U.S.C. 1474).
(3) $132,500,000 for rental housing purposes under section
515 of such Act (42 U.S.C. 1485).
SEC. 102. RENTAL ASSISTANCE PROGRAM.
For additional rental assistance agreements entered into under or
renewed under section 521(a)(2) of the Housing Act of 1949 (42 U.S.C.
1490a(a)(2)), $70,000,000.
SEC. 103. RURAL DEVELOPMENT INSURANCE FUND PROGRAM ACCOUNT.
(a) Gross Obligations.--For additional gross obligations for the
principal amount of direct loans as authorized by sections 308, 309A,
310A, and 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1928, 1929A, 1931, and 1932), to be available from funds in the
Rural Development Insurance Fund, as follows:
(1) Water and sewer facility loans, $600,000,000.
(2) Community facility loans, $250,000,000.
(b) Cost of Loans.--For an additional amount for the cost, as
defined in section 502(5) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(5)), including the cost of modifying loans, of direct
loans, as follows:
(1) $87,360,000 for water and sewer facility loans.
(2) $21,025,000 for community facility loans.
SEC. 104. RURAL DEVELOPMENT LOANS PROGRAM ACCOUNT.
(a) Cost of Loans.--For an additional amount for the cost, as
defined in section 502(5) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(5)), including the cost of modifying loans, of direct loans
from the Rural Development Loan Fund established under section 623(a)
of the Community Economic Development Act of 1981 (42 U.S.C. 9812(a)),
$50,000,000.
(b) Principal Amount of Loans.--The funds made available under
subsection (a) shall be available to subsidize gross obligations for
the principal amount of direct loans of not to exceed $100,000,000.
SEC. 105. RURAL WATER AND WASTE DISPOSAL GRANTS.
(a) In General.--For additional grants pursuant to paragraphs (2)
and (6) of section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)), $500,000,000, to remain available
until expended, pursuant to section 306(d) of such Act.
(b) Purposes.--The funds made available under subsection (a) shall
not be used for any purpose not specified in section 306(a) of the
Consolidated Farm and Rural Development Act.
SEC. 106. VERY LOW-INCOME HOUSING REPAIR GRANTS.
For additional grants to the very low-income elderly for essential
repairs to dwellings pursuant to section 504 of the Housing Act of 1949
(42 U.S.C. 1474), $50,000,000, to remain available until expended.
SEC. 107. SUPERVISORY AND TECHNICAL ASSISTANCE GRANTS.
For additional grants pursuant to section 525 of the Housing Act of
1949 (42 U.S.C. 1479 and 1490e), $10,000,000, to remain available until
expended.
SEC. 108. RURAL HOUSING PRESERVATION GRANTS.
For additional grants for rural housing preservation as authorized
by section 533 of the Housing and Urban-Rural Recovery Act of 1983 (42
U.S.C. 1490m), $50,000,000.
SEC. 109. RURAL DEVELOPMENT GRANTS.
(a) In General.--For additional grants authorized under section
310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(c)) to any qualified public or private nonprofit organization,
$100,000,0000.
(b) Limitations.--Effective for fiscal year 1991 and thereafter,
grants made pursuant to subsection (a) shall not be subject to any
dollar limitation unless the limitation is set forth in law.
SEC. 110. LOCAL TECHNICAL ASSISTANCE GRANTS.
For additional local technical assistance grants authorized under
section 306(a)(11) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)(11)), $15,000,000.
Subtitle B--Rural Electrification Administration
SEC. 121. RURAL ELECTRIFICATION LOANS PROGRAM ACCOUNT.
(a) Insured Loans.--For additional insured loans pursuant to
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) for
rural electrification loans, $700,000,000, to remain available until
expended.
(b) Cost of Loans.--For the additional cost, as defined in section
502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5)),
including the cost of modifying loans, of direct rural electrification
loans authorized by section 305 of the Rural Electrification Act of
1936 (7 U.S.C. 935), for the additional cost of direct rural
electrification loans, $131,000,000.
Subtitle C--Alternative Agricultural Research and Commercialization
SEC. 131. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION.
For an additional amount for necessary expenses to carry out the
Alternative Agricultural Research and Commercialization Act of 1990 (7
U.S.C. 5901 et seq.), $20,000,000.
TITLE II--INTERIOR
SEC. 201. ENERGY CONSERVATION.
For additional amounts to enable the Secretary of Energy to make
grants under title III of the Energy Conservation and Production Act
(42 U.S.C. 6831 et seq.)--
(1) $150,000,000 to be used for the weatherization
assistance program for low income persons; and
(2) $150,000,000 to be used for the Institutional
Conservation Program and the State Energy Conservation Program.
TITLE III--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT
SEC. 301. COMMUNITY DEVELOPMENT AND PLANNING.
(a) In General.--For an additional amount to carry out a community
development grants program under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.), $1,000,000,000, to be
obligated for making grants to States and units of local government
under such Act.
(b) Limitation.--For purposes of applying the limitation contained
in section 105(a)(8) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(8)) to amounts made available under this
section, the maximum percentage of funds received by a unit of general
local government under this section that may be used for the provision
of public services shall be 20 percent
SEC. 302. EPA CONSTRUCTION GRANTS AND STATE REVOLVING LOAN FUND.
For an additional amount to carry out the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) and the Water Quality Act of 1987
(33 U.S.C. 1251 et seq.), $1,000,000,000, of which--
(1) $500,000,000 shall be made available for grants under
title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.); and
(2) $500,000,000 shall be made available for State water
pollution control revolving funds established under title VI of
such Act (33 U.S.C. 1381 et seq.).
TITLE IV--COMMERCE, JUSTICE, AND STATE
SEC. 401. MICROLOAN DEMONSTRATION PROGRAM.
(a) Technical Assistance Grants.--For an additional amount for
necessary expenses, not otherwise provided for, of the Small Business
Administration for making technical assistance grants under the
Microloan Demonstration Program established by section 7(m) of the
Small Business Act (15 U.S.C. 636(m)), $3,000,000.
(b) Business Loans Program Account.--For the cost, as defined in
section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C.
661a(5)), including the cost of modifying loans, of direct loans for
carrying out not more than 50 microloan programs under the Microloan
Demonstration Program, $2,600,000, to be made available until expended
for the subsidy cost of $15,000,000 in direct loans for the Microloan
Demonstration Program. | TABLE OF CONTENTS:
Title I: Agriculture, Rural Development and Related Agencies
Subtitle A: Farmers Home Administration
Subtitle B: Rural Electrification Administration
Subtitle C: Alternative Agricultural Research and
Commercialization
Title II: Interior
Title III: Veterans Affairs and Housing and Urban Development
Title IV: Commerce, Justice, and State
Rural Jobs and Investment Act of 1993 -
Title I: Agriculture, Rural Development and Related Agencies
-
Subtitle A: Farmers Home Administration
- Makes supplemental FY 1993 appropriations for: (1) rural housing loans; (2) rural housing repair loans; (3) rural rental housing loans; (4) rural rental multifamily housing loans; (5) rural water and sewer facility loans; (6) community facility loans; (7) the rural development loans program account; (8) rural water and waste disposal grants; (9) very low-income housing repair grants; (10) supervisory and technical assistance grants; (11) rural housing preservation grants; (12) rural development grants; and (13) local technical assistance grants.
Subtitle B: Rural Electrification Administration
- Provides supplemental FY 1993 appropriations for insured rural electrification loans.
Subtitle C: Alternative Agricultural Research and Commercialization
- Provides supplemental FY 1993 appropriations for alternative agricultural research and commercialization.
Title II: Interior
- Makes supplemental FY 1993 appropriations for Department of Energy programs of: (1) low-income weatherization assistance; and (2) institutional energy conservation and the State energy conservation programs.
Title III: Veterans Affairs and Housing and Urban Development
- Provides supplemental FY 1993 appropriations for: (1) community development grants; (2) water treatment works; and (3) State water pollution control revolving funds.
Title IV: Commerce, Justice, and State
- Provides supplemental FY 1993 appropriations for the Small Business Administration microloan demonstration program. | Rural Jobs and Investment Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supermarket Tax Credit for
Underserved Areas Act''.
SEC. 2. TAX INCENTIVES FOR ESTABLISHMENT OF SUPERMARKETS IN CERTAIN
UNDERSERVED AREAS.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IV--TAX INCENTIVES FOR SUPERMARKETS IN UNDERSERVED AREAS
``Sec. 1400V-1. Increased rehabilitation credit.
``Sec. 1400V-2. Increased work opportunity tax credit.
``Sec. 1400V-3. Credit for sales of locally grown fresh fruits and
vegetables.
``Sec. 1400V-4. Definitions.
``SEC. 1400V-1. INCREASED REHABILITATION CREDIT.
``(a) In General.--In the case of a qualified rehabilitated
building (as defined in section 47) which is an underserved area
supermarket, subsection (a) of section 47 shall be applied--
``(1) by substituting `12 percent' for `10 percent' in
paragraph (1), and
``(2) by substituting `24 percent' for `20 percent' in
paragraph (2).
``(b) Underserved Area Supermarket.--For purposes of subsection
(a), a qualified rehabilitated building shall be treated as meeting the
requirements of subparagraphs (A), (B), (C), and (D) of section 1400V-
4(a)(2) if it is reasonable to believe that such building will meet
such requirements as of the close of the taxable year in which such
building is placed in service.
``(c) Termination.--Subsection (a) shall only apply to buildings
placed in service after December 31, 2011, and before January 1, 2014.
``SEC. 1400V-2. INCREASED WORK OPPORTUNITY TAX CREDIT.
``(a) In General.--In the case of an individual employed in the
trade or business of operating a new underserved area supermarket, the
limitation otherwise in effect under paragraph (3) of section 51(b)
with respect to such individual shall be increased by $1,000.
``(b) Termination.--Subsection (a) shall only apply to wages paid
in taxable years beginning after December 31, 2011, and before January
1, 2017.
``SEC. 1400V-3. CREDIT FOR SALES OF LOCALLY GROWN FRESH FRUITS AND
VEGETABLES.
``(a) In General.--For purposes of section 38, the underserved area
supermarket fruit and vegetable credit determined under this section
for the taxable year is 15 percent of the gross receipts from the
retail sale of locally grown fresh fruits and vegetables in the trade
or business of operating a new underserved area supermarket.
``(b) Termination.--Subsection (a) shall only apply to taxable
years beginning after December 31, 2012, and before January 1, 2017.
``SEC. 1400V-4. DEFINITIONS.
``For purposes of this part--
``(1) Underserved area supermarket.--The term `underserved
area supermarket' means any supermarket located in an
underserved area.
``(2) New underserved area supermarket.--The term `new
underserved area supermarket' means any underserved area
supermarket which--
``(A) is placed in service after December 31, 2011,
and
``(B) was not a supermarket at any time during the
3-year period ending on the date such underserved area
supermarket is placed in service.
``(3) Supermarket.--The term `supermarket' means any
building if--
``(A) not less than 12,000 square feet and not more
than 80,000 square feet of such building is used for
selling items at retail,
``(B) at least 7 percent of the square feet of such
building which is used for selling items at retail is
used for selling produce, meat, fish, deli, and dairy
items,
``(C) gross sales of items sold at retail from such
building exceed $2,000,000 annually, and
``(D) at least 7 percent of such gross sales are
attributable to sales of produce, meat, fish, deli, and
dairy items.
``(4) Underserved area.--The term `underserved area'
means--
``(A) any enterprise community or empowerment zone
with a designation in effect under section 1391, and
``(B) any renewal community with respect to which a
designation was in effect under section 1400E on
December 31, 2009.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) 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 underserved area supermarket fruit and vegetable
credit determined under section 1400V-3.''.
(c) Clerical Amendment.--The table of parts for subchapter Y of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IV. Tax Incentives for Supermarkets in Underserved Areas''. | Supermarket Tax Credit for Underserved Areas Act - Amends the Internal Revenue Code to: (1) increase the rate of the rehabilitation tax credit for a supermarket building placed in service after December 31, 2011, and before January 1, 2014, in an underserved area (i.e., any enterprise community or empowerment zone and any renewal community); (2) increase by $1,000 the the limit on wages eligible for the work opportunity tax credit for employees of a supermarket located in an underserved area; and (3) allow a business-related tax credit for 15% of the gross receipts from the retail sale of locally-grown fresh fruits and vegetables in a supermarket in an underserved area. | To amend the Internal Revenue Code of 1986 to provide tax incentives for the establishment of supermarkets in certain underserved areas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Restoration and Irrigation
Mitigation Act of 2006''.
SEC. 2. PRIORITY PROJECTS; PARTICIPATION IN PROGRAM.
The Fisheries Restoration and Irrigation Mitigation Act of 2000 (16
U.S.C. 777 note; Public Law 106-502) is amended--
(1) in section 3--
(A) in subsection (a), by inserting ``as a pass-
through program'' before ``within the Department''; and
(B) in subsection (c)(3), by striking
``$5,000,000'' and inserting ``$2,500,000''; and
(2) in section 4, by striking subsection (b) and inserting
the following:
``(b) Nonreimbursable Federal and Tribal Expenditures.--Development
and implementation of projects under the Program on land or facilities
owned by the United States or an Indian tribe shall be nonreimbursable
expenditures.''.
SEC. 3. COST SHARING.
Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act
of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) by striking ``The value'' and inserting the following:
``(1) In general.--The value''; and
(2) by adding at the end the following:
``(2) Bonneville power administration.--Any amounts
provided by the Bonneville Power Administration directly or
through a grant to another entity for a project carried under
the Program shall be credited toward the non-Federal share of
the costs of the project.''.
SEC. 4. REPORT.
Section 9 of the Fisheries Restoration and Irrigation Mitigation
Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) by inserting ``any'' before ``amounts are made''; and
(2) by inserting after ``Secretary shall'' the following:
``, after partnering with local governmental entities and the
States in the Pacific Ocean drainage area,''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Fisheries Restoration and Irrigation Mitigation
Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) in subsection (a), by striking ``2001 through 2005''
and inserting ``2006 through 2012''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Administrative expenses.--
``(A) Definition of administrative expense.--In
this paragraph, the term `administrative expense' means
any expenditure relating to--
``(i) staffing and overhead, such as the
rental of office space and the acquisition of
office equipment; and
``(ii) the review, processing, and
provision of applications for funding under the
Program.
``(B) Limitation.--
``(i) In general.--Except as provided in
subparagraph (C), a percentage of amounts up to
6 percent made available for each fiscal year,
as determined under clause (ii), may be used
for Federal (including tribal) and State
administrative expenses of carrying out this
Act.
``(ii) Formula.--For purposes of
determining the percentage of administrative
expenses to be made available under clause (i)
for a fiscal year--
``(I) 1 percent shall be provided
if less than $1,000,000 is made
available to carry out the Program for
the fiscal year;
``(II) 2 percent shall be provided
if $1,000,000 or more, but less than
$6,000,000, is made available to carry
out the Program for the fiscal year;
``(III) 3 percent shall be provided
if $6,000,000 or more, but less than
$11,000,000, is made available to carry
out the Program for the fiscal year;
``(IV) 4 percent shall be provided
if $11,000,000 or more, but less than
$15,000,000, is made available to carry
out the Program for the fiscal year;
``(V) 5 percent shall be provided
if $15,000,000 or more, but less than
$21,000,000, is made available to carry
out the Program for the fiscal year;
and
``(VI) 6 percent shall be provided
if $21,000,000 or more is made
available to carry out the Program for
the fiscal year.
``(iii) Federal and state shares.--To the
maximum extent practicable, of the amounts made
available for administrative expenses under
clause (i)--
``(I) 50 percent shall be provided
to the Federal agencies (including
Indian tribes) carrying out the
Program; and
``(II) 50 percent shall be provided
to the State agencies provided
assistance under the Program.
``(iv) State expenses.--Amounts made
available to States for administrative expenses
under clause (i)--
``(I) shall be divided evenly among
all States provided assistance under
the Program; and
``(II) on request of a project
sponsor, may be used to provide
technical support to the project
sponsor.
``(C) Technical assistance.--
``(i) In general.--Amounts expended by the
Secretary for the provision of technical
assistance relating to the Program shall not be
subject to the 6 percent limitation on
administrative expenses under subparagraph
(B)(i).
``(ii) Inclusions.--For purposes of clause
(i), expenditures for the provision of
technical assistance include any staffing
expenditures (including staff travel expenses)
associated with--
``(I) arranging meetings to promote
the Program to potential applicants;
``(II) assisting applicants with
the preparation of applications for
funding under the Program; and
``(III) visiting construction sites
to provide technical assistance, if
requested by the applicant.''. | Fisheries Restoration and Irrigation Mitigation Act of 2006 - Amends the Fisheries Restoration and Irrigation Mitigation Act of 2000 to make the Fisheries Restoration and Irrigation Mitigation Program a pass-through program. Directs the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to give priority to any project that has a total cost of less than $2.5 million (currently, $5 million). Makes development and implementation of projects on land or facilities owned by an Indian tribe nonreimbursable expenditures.
Requires: (1) any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried out under the Program to be credited toward the non-federal share of project costs; and (2) the Secretary's report on projects under such Act to be made after partnering with local governmental entities and the states in the Pacific Ocean drainage area (Oregon, Washington, Montana, and Idaho).
Authorizes appropriations for the Act through FY2012. Sets forth a formula for determining the amounts that may be used for federal (including tribal) and state administrative expenses (based on the amount made available for the Program each fiscal year). | A bill to amend the Bonneville Power Administration portions of the Fisheries Restoration and Irrigation Mitigation Act of 2000 to authorize appropriations for fiscal years 2006 through 2012, and for other purposes. |
SECTION 1. TERMINATION OF THE UNITED STATES ARMY SCHOOL OF THE AMERICAS
Section 4415 of chapter 407 of title 10, United States Code is
repealed.
SEC. 2. ESTABLISHMENT OF ACADEMY FOR DEMOCRACY AND CIVIL-MILITARY
RELATIONS.
(a) In General.--Chapter 407 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4416. United States Academy for Democracy and Civil-Military
Relations
``(a) Establishment of Academy.--The Secretary of the Army, in
cooperation with the Secretary of State, may operate an educational
facility known as the United States Academy for Democracy and Civil-
Military Relations (in this section referred to as the ``Academy'').
``(b) Purposes of Academy.--The Academy shall be operated for the
purposes of--
``(1) identifying the proper role for the military in a
democratic society; and
``(2) improving civil-military relations and civilian
control over military matters in Latin American countries and
Caribbean countries.
``(c) Instruction at Academy.--
``(1) Areas of instruction.--Instruction at the Academy
shall be provided to civilian and military personnel of Latin
American countries and Caribbean countries, through seminars,
roundtable discussions, conferences, and a guest instructor
program, in the following areas:
``(A) The principles of respect for democracy,
human rights, and civilian control of the military in a
democratic society.
``(B) Mechanisms and skills necessary for the
exercise of civilian control and oversight over the
mission, structure, and operations of security forces.
``(C) Mechanisms and procedures for ensuring
accountability within the armed forces and for
institutionalizing within the armed forces rules of
engagement and an approach to the conduct of military
operations in accordance with recognized principles of
international law and human rights.
``(D) Mechanisms and skills necessary for the
exercise of civilian control and oversight over budgets
of security forces.
``(E) Mechanisms and skills necessary for the
exercise of civilian control over, and merit based
procedures in, promotions in security forces.
``(F) Mechanisms and skills necessary for the
exercise of civilian control over, and clear human
rights guidelines for, intelligence operations of
security forces.
``(G) Mechanisms and skills necessary to establish
and operate military justice and disciplinary systems
in accordance with international human rights
procedures.
``(H) Mechanisms and skills necessary to ensure
professional resource and personnel management in
security forces.
``(I) Mechanisms and skills necessary to ensure
civilian control and oversight over security force
involvement in the civilian economy.
``(J) Principles of multilateral cooperation in
internationally sanctioned peacekeeping operations.
``(K) Strategies for cooperative threat reduction,
including diplomatic approaches to addressing border
disputes, defensive configuration of armed forces, and
full compliance with the United Nations Register of
Conventional Arms.
``(L) Additional strategies designed to achieve
responsible reductions in military spending so that
resources may be used to promote development in Latin
American countries and Caribbean countries.
``(2) Combat and lethal skills training.--Combat and lethal
skills training shall not be offered as part of the curriculum
of the Academy.
``(3) Course catalogue and curriculum.--The course
catalogue and curriculum of the Academy shall be available for
public inspection.
``(d) Screening of Instructors and Students.--The Secretary of the
Army, in cooperation with the Secretary of State, shall conduct a
thorough screening of potential instructors and students at the Academy
and ensure that they exhibit the highest level of commitment to and
respect for democracy and human rights. The instructors of the Academy
shall consist of civilians and military personnel. Every course and
program at the Academy shall involve civilians, including civilian
personnel in defense establishments, elected officials and civil
servants, and representatives of human rights and other civic
organizations. The number of civilians attending the Academy should be
at least 20 percent of the total number of students, with the goal of
reaching 50 percent within five years after the establishment of the
Academy.
``(e) Advisory Committee.--The Secretary of the Army, in
consultation with the Secretary of State, shall establish an advisory
committee to provide advice on establishing and operating the Academy
and the content of the curriculum. The advisory committee shall be
comprised of five members from civilian life and shall include
representatives of human rights organizations based in the United
States and in Latin American and Caribbean countries with widely
recognized expertise in investigating violations of human rights
violations in those countries. The Advisory Committee shall approve all
instructors of the Academy.
``(f) Human Rights Violators.--If it becomes known to the Secretary
of State that persons who have attended the Academy have violated human
rights, then the Secretary shall determine whether elements of the
curriculum of the Academy are inconsistent with the purposes of the
Academy.
``(g) Funding.--The cost of operating and maintaining the Academy
may be paid from funds available under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347) (related to
international military education and training assistance).''.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 407 of such title is amended--
(1) by striking the item relating to section 4415; and
(2) by inserting after the item relating to section 4414
the following new item:
``4416. United States Academy for Democracy and Civil-Military
Relations''.
SEC. 3. COUNTERMINE PROGRAMS.
Nothing in this Act or the amendments made by this Act shall be
interpreted to affect the authority to conduct countermine programs at
other facilities at Fort Benning, Georgia, being carried out on the
date of enactment of this Act at the School of the Americas in response
to a request from the Organization of American States.
SEC. 4. REPORT TO CONGRESS.
After the United States Academy for Democracy and Civil-Military
Relations, established pursuant to section 4416 of title 10, United
States Code, has been in operation for a period of two years, the
Secretary of the Army shall submit to Congress a report on the
achievements of the Academy, and on the desirability and feasibility of
opening its courses and programs to attendees from outside of Latin
America countries and Caribbean countries.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that resources made available to
operate the United States Academy for Democracy and Civil-Military
Relations, established pursuant to section 4416 of title 10, United
States Code, should be commensurate with the total resources that were
dedicated to the United States School of the Americas in fiscal year
1996.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 1996. | Repeals a Federal law authorizing the Secretary of the Army to operate the military education and training facility known as the U.S. Army School of the Americas.
Authorizes the Secretary to operate the United States Academy for Democracy and Civil-Military Relations (Academy). Requires instruction at the Academy to be provided to civilian and military personnel of Latin American and Caribbean countries through seminars, roundtable discussions, conferences, and a guest instructor program.
Directs the Secretary to conduct a thorough screening of potential instructors and students at the Academy for commitment to and respect for democracy and human rights. Requires the Secretary to establish an advisory committee to provide advice on establishing and operating the Academy, as well as the content of its curriculum. Provides Academy funding.
States that this Act does not affect the authority to conduct countermine programs at Fort Benning, Georgia, at the School of the Americas in response to a request from the Organization of American States.
Directs the Secretary to report to the Congress on Academy achievements after two years of operation.
Expresses the sense of the Congress that resources made available to operate the Academy should be commensurate with the total resources that were dedicated to the School of the Americas in FY 1996. | To close the United States Army School of the Americas and establish a United States Academy for Democracy and Civil-Military Relations. |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Potassium iodide long has been shown to have prevented
radiation-induced thyroid diseases with negligible side
effects.
(2) The American Thyroid Association and a broad array of
other experts on radiation protection and thyroid cancers have
consistently recommended making potassium iodide available for
use in the case of a radiological catastrophe. The experience
of the Chernobyl accident in 1985 and its aftermath have
confirmed the safety and efficacy of potassium iodide in
preventing radiation-induced thyroid cancers.
(3) Despite the clear and compelling evidence that
potassium iodide is a safe, effective, and inexpensive means of
preventing radiation-induced thyroid cancers, the Nuclear
Regulatory Commission and its staff have, through their
inaction, delayed the stockpiling and distribution of this
substance for the last 22 years.
(4) The safety and efficacy of potassium iodide was
formally established as a matter of Federal policy when, on
December 15, 1978, the Food and Drug Administration concluded
that potassium iodide is a safe and effective means by which to
block uptake of radioactive iodine by the thyroid gland in a
radiological catastrophe, and approved its over-the-counter
sale.
(5) In November 1979, after the Three Mile Island accident
revealed shortages in availability of potassium iodide and the
Presidents Commission on the Accident at Three Mile Island
criticized the Federal Government's failure to stockpile it,
the Nuclear Regulatory Commission first declared that it would
require potassium iodide stockpiling ``a necessary part of an
acceptable State emergency response plan'' in the event of a
future nuclear accident. Despite this statement, the Commission
failed to take prompt action to make potassium iodide
available.
(6) On September 27, 1982, the Nuclear Regulatory
Commission staff recommended that the Commission approve a
policy endorsing use of potassium iodide as a ``useful
protective action''. However, on October 15, 1982, the
Commission staff reversed itself, noting that the Federal
Emergency Management Agency had dropped plans to stockpile a
large quantity of potassium iodide and stating that the staff
now planned to prepare a new paper that would recommend against
stockpiling and distribution of potassium iodide on cost-
benefit grounds.
(7) On November 22, 1982, public briefing of the Nuclear
Regulatory Commission, the staff inexplicably argued against
stockpiling of potassium iodide on cost-benefit grounds,
suggesting that even though potassium iodide is inexpensive, it
would be even cheaper in the long run to treat radiation-
induced thyroid cancers than to prevent them.
(8) On July 24, 1985, the Nuclear Regulatory Commission
issued a national policy on potassium iodide which reversed the
Commission's previous support for stockpiling and distribution.
Referring to the Commission staff's ``cost-benefit analysis'',
it rejected the notion of distributing potassium iodide as
``not worthwhile''.
(9) On June 16, 1989, a Nuclear Energy Commission employee
filed a Differing Professional Opinion challenging the Nuclear
Regulatory Commission's potassium iodide policy.
(10) On March 29, 1994, the Nuclear Regulatory Commission
staff recommended to the Commission that stockpiling potassium
iodide in the vicinity of nuclear power plants ``appears
prudent'' and urged a new policy of purchasing potassium iodide
and encouraging the States to establish stockpiles. However, a
deadlocked 2-2 vote by the Commission prevented adoption of the
proposed new policy.
(11) On September 9, 1995, a Nuclear Regulatory Commission
employee filed, as a private citizen, a petition for rulemaking
asking the Commission to require that potassium iodide be
included in State emergency plans.
(12) On June 16, 1997, the Nuclear Regulatory Commission
staff proposed a draft policy statement to the Commission which
would make potassium iodide available at Federal expense to
those States who request it, while also stating that there is
``no new information'' warranting a change in existing policy--
despite the experience from the Chernobyl accident regarding
the effectiveness of potassium iodide in preventing thyroid
cancers.
(13) On March 31, 1998, the Nuclear Regulatory Commission
staff recommended to the Commission that it deny the petition
for rulemaking filed by one of its employees in a private
capacity, on the basis of spurious arguments about the
purported side effects of potassium iodide and the potential
for liability relating to such purported side effects.
(14) On April 9, 1998, the Federal Emergency Management
Agency wrote the Commission to point out ``misleading''
characterizations being made about its position on potassium iodide by
the Nuclear Regulatory Commission staff and a nuclear industry trade
association.
(15) On July 1, 1998, the Nuclear Regulatory Commission
announced that it had voted 3-1 to reject the recommendation by
the staff and grant the petition for rulemaking and to require
States to consider potassium iodide, along with evacuation and
sheltering, in emergency planning for nuclear power plant
accidents. Despite this action, no rulemaking was immediately
forthcoming.
(16) In January 2001, the Nuclear Regulatory Commission
finally revised a portion of its emergency response regulations
to require that consideration be given to including potassium
iodide as a protective measure for the general public to
supplement sheltering and evacuation in the event of a severe
nuclear power plant accident. In doing so, the Commission found
that potassium iodide is ``a reasonable, prudent, and
inexpensive supplement to evacuation and sheltering for
specific local conditions''.
(17) On October 16, 2001, the Nuclear Regulatory Commission
stated that while it had decided to fund the initial purchases
of potassium iodide as a supplemental measure, it had not
formulated a concrete plan for its distribution, preferring
instead to leave it to the States to decide whether to make
potassium iodide available to its citizens.
(18) The events of September 11, 2001, have underscored the
need to undertake immediate measures to protect the public
against other possible terrorist attacks, including terrorist
attacks against nuclear power plants. Such preparations must
include the immediate establishment of a uniform national
policy to be established with respect to the stockpiling and
distribution of potassium iodide, rather than deferring to the
States on the question of whether it should be stockpiled. In
order to establish such a uniform national policy, the Nuclear
Regulatory Commission and all other applicable Federal agencies
must remove all further obstacles to the immediate stockpiling
and distribution of potassium iodide on a national basis.
SEC. 2. RULEMAKING.
(a) Amendment.--Chapter 19 of the Atomic Energy Act of 1954 (42
U.S.C. 2015 et seq.) is amended by inserting after section 241 the
following new section:
``Sec. 242. Potassium Iodide.--Not later than 6 months after the
date of the enactment of this section, the Commission shall--
``(1) ensure that stockpiles of potassium iodide tablets
sufficient to provide adequate protection to the population
have been established in individual homes and at public
facilities such as schools and hospitals within 50 miles of a
nuclear power plant;
``(2) ensure that stockpiles of potassium iodide tablets
sufficient to provide adequate protection to the population
have been established at public facilities such as schools and
hospitals within the area between 50 and 200 miles of a nuclear
power plant;
``(3) establish a plan to provide for the utilization of
the stockpiles described in paragraphs (1) and (2) by
individuals located within 200 miles of a nuclear power plant
in the event of a release of radionuclides, other than a
release of amounts having no significant public health
consequences; and
``(4) transmit to the Congress a report--
``(A) on whether stockpiles have been established
as required by paragraphs (1) and (2); and
``(B) on the utilization plan required under
paragraph (3).''.
(b) Table of Contents Amendment.--The table of contents of chapter
19 of the Atomic Energy Act of 1954 is amended by inserting after the
item relating to section 241 the following new item:
``Sec. 242. Potassium iodide.''. | Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission to ensure establishment, in individual homes and at public facilities within 50 miles of nuclear power plants, of stockpiles of potassium iodide tablets sufficient to provide adequate protection to the affected population. | To require the Nuclear Regulatory Commission to ensure that sufficient stockpiles of potassium iodide tablets have been established near nuclear power plants and that appropriate plans for their utilization exist. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Leave for Disabled Veterans
Act''.
SEC. 2. ELIGIBILITY ADJUSTMENT FOR VETERANS.
(a) Eligibility Based on Time in Employment.--Section 101(2) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by
adding at the end the following:
``(E) Veterans.--
``(i) Eligibility based on time in
employment.--Notwithstanding the eligibility
requirements in paragraph (2)(A), an employee
who is a veteran shall be deemed an eligible
employee for purposes of leave described in
clause (iii) if--
``(I) such employee has a service-
connected disability (as defined in
section 101 of title 38, United States
Code) rated at between 30 and 50
percent by the Secretary of Veterans
Affairs and such employee has been
employed for at least 8 months by the
employer with respect to whom leave is
requested under section 102 and has at
least 833 hours of service with such
employer during the previous 8-month
period;
``(II) such employee has a service-
connected disability rated at 60
percent or higher by the Secretary of
Veterans Affairs and such employee has
been employed for at least 6 months by
the employer with respect to whom leave
is requested under section 102 and has
at least 625 hours of service with such
employer during the previous 6-month
period; or
``(III) such employee--
``(aa) is not covered under
subclause (I) or (II);
``(bb) retired from the
Armed Forces under chapter 61
of title 10, United States
Code, by reason of a service-
connected disability either--
``(AA) rated at
between 30 and 50
percent under the
standard schedule of
rating disabilities in
use by the Department
of Veterans Affairs at
the time of such
retirement; or
``(BB) rated at 60
percent or higher under
such schedule; and
``(cc) either--
``(AA) with respect
to an individual
covered under subitem
(AA) of item (bb), has
been employed for at
least 8 months by the
employer with respect
to whom leave is
requested under section
102 and has at least
833 hours of service
with such employer
during the previous 8-
month period; or
``(BB) with respect
to an individual
covered under subitem
(BB) of such item, has
been employed for at
least 6 months by the
employer with respect
to whom leave is
requested under section
102 and has at least
625 hours of service
with such employer
during the previous 6-
month period.
``(ii) Certification.--To be eligible for
the eligibility adjustment described in clause
(i)--
``(I) an employee described in
subclause (I) or (II) of such clause
shall submit to the employer a
certification from a Department of
Veterans Affairs medical provider or
from a non-Department of Veterans
Affairs facility or medical provider
through which the Secretary of Veterans
Affairs has furnished hospital care or
medical services to the employee under
the laws administered by the Secretary;
and
``(II) an employee described in
subclause (III) of such clause shall
submit to the employer a certification
from the Secretary of Defense
describing the retirement of the
individual from the Armed Forces under
chapter 61 of title 10, United States
Code.
``(iii) Leave described.--Leave described
in this clause is leave under section
102(a)(1)(E) that--
``(I) an employee described in
subclause (I) or (II) of clause (i)
takes to receive hospital care or
medical services for which the employee
is eligible to receive pursuant to
chapter 17 of title 38, United States
Code, regardless of whether such
hospital care or medical services is
furnished by the Department of Veterans
Affairs; or
``(II) an employee described in
subclause (III) of such clause takes to
receive hospital care or medical
services relating to the service-
connected disability described in item
(bb) of such subclause.''.
(b) Entitlement to Leave.--Section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(A)(1)) is amended by adding
at the end the following new subparagraph:
``(F) In order to receive hospital care or medical
services as a veteran for a service-connected
disability, as described in section 101(2)(E).''. | Medical Leave for Disabled Veterans Act This bill amends the Family and Medical Leave Act of 1993 (FMLA) to provide eligibility for specified medical/hospital care for an employee who: (1) has a Department of Veterans Affairs (VA) disability rating of between 30% and 50% and at least 833 hours of service with the employer (from whom leave is requested) during the previous eight-month period, or (2) has a VA disability rating of 60% or higher and at least 625 hours of service with such employer during the previous 6-month period. Medical/hospital leave shall also be provided to an employee who is not covered by the above provision but who retired from the Armed Forces by reason of a service-connected disability: (1) rated at between 30% and 50% at retirement and who has at least 833 hours of service with such employer during the previous eight-month period, or (2) rated at 60% or higher at retirement and who has at least 625 hours of service with such employer during the previous 6-month period. (Under current law, employees of an FMLA-covered employer become eligible for medical leave after 12 months on the job and at least 1,250 hours of service with such employer during the previous 12-month period.) A employee must submit a certification to the employer from the VA or the Department of Defense, as appropriate, to be eligible for such adjustment. | Medical Leave for Disabled Veterans Act |
TITLE I--CASA MALPAIS
SEC. 101. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares that--
(1) the Casa Malpais National Historic Landmark was
occupied by one of the largest and most sophisticated Mogollon
communities in the United States;
(2) the landmark includes a 58-room masonry pueblo,
including stairways, Great Kiva complex, and fortification
walls, a prehistoric trail, and catacomb chambers where the
deceased were placed;
(3) the Casa Malpais was designated as a national historic
landmark by the Secretary of the Interior in 1964; and
(4) the State of Arizona and the community of Springerville
are undertaking a program of interpretation and preservation of
the landmark.
(b) Purpose.--It is the purpose of this title to assist in the
preservation and interpretation of the Casa Malpais National Historic
Landmark for the benefit of the public.
SEC. 102. COOPERATIVE AGREEMENTS.
(a) In General.--In furtherance of the purpose of this title, the
Secretary of the Interior is authorized to enter into cooperative
agreements with the State of Arizona and the town of Springerville,
Arizona, pursuant to which the Secretary may provide technical
assistance to interpret, operate, and maintain the Casa Malpais
National Historic Landmark and may also provide financial assistance
for planning, staff training, and development of the Casa Malpais
National Historic Landmark, but not including other routine operations.
(b) Additional Provisions.--Any such agreement may also contain
provisions that--
(1) the Secretary, acting through the Director of the
National Park Service, shall have right to access at all
reasonable times to all public portions of the property covered
by such agreement for the purpose of interpreting the landmark;
and
(2) no changes or alterations shall be made in the landmark
except by mutual agreement between the Secretary and the other
parties to all such agreements.
SEC. 103. APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to provide financial assistance in accordance with this
title.
TITLE II--LOWER EASTSIDE TENEMENT
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) immigration, and the resulting diversity of cultural
influences, is a key factor in defining American identity; the
majority of United States citizens trace their ancestry to
persons born in nations other than the United States;
(2) the latter part of the 19th century and the early part
of the 20th century marked a period in which the volume of
immigrants coming to the United States far exceeded that of any
time prior to or since that period;
(3) no single identifiable neighborhood in the United
States absorbed a comparable number of immigrants than the
Lower East Side neighborhood of Manhattan in New York City;
(4) the Lower East Side Tenement at 97 Orchard Street in
New York City is an outstanding survivor of the vast number of
humble buildings that housed immigrants to New York City during
the greatest wave of immigration in American history;
(5) the Lower East Side Tenement is owned and operated as a
museum by the Lower East Side Tenement Museum;
(6) the Lower East Side Tenement Museum is dedicated to
interpreting immigrant life within a neighborhood long
associated with the immigrant experience in the United States,
New York's Lower East Side, and its importance to United States
history; and
(7) the National Park Service found the Lower East Side
Tenement at 97 Orchard Street to be nationally significant; the
Secretary of the Interior declared it a National Historic
Landmark on April 19, 1994, and the National Park Service
through a special resource study found the Lower East Side
Tenement suitable and feasible for inclusion in the National
Park System.
(b) Purposes.--The purposes of this title are--
(1) to ensure the preservation, maintenance, and
interpretation of this site and to interpret at the site the
themes of immigration, tenement life in the later half of the
19th century and the first half of the 20th century, the
housing reform movement, and tenement architecture in the
United States;
(2) to ensure continued interpretation of the nationally
significant immigrant phenomenon associated with New York
City's Lower East Side and its role in the history of
immigration to the United States; and
(3) to enhance the interpretation of the Castle Clinton,
Ellis Island, and Statue of Liberty National Monuments.
SEC. 202. DEFINITIONS.
As used in this title:
(1) Historic site.--The term ``historic site'' means the
Lower East Side Tenement at 97 Orchard Street on Manhattan
Island in New York City, New York, and designated as a national
historic site by section 4.
(2) Museum.--The term ``Museum'' means the Lower East Side
Tenement Museum, a nonprofit organization established in New
York City, which owns and operates the tenement building at 97
Orchard Street and manages other properties in the vicinity of
97 Orchard Street as administrative and program support
facilities for 97 Orchard Street.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 203. ESTABLISHMENT OF HISTORIC SITE.
(a) Designation.--To further the purposes of this title and the Act
entitled ``An Act to provide for the preservation of historic American
sites, buildings, objects, and antiquities of national significance,
and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.), the Lower East Side Tenement at 97 Orchard Street, in the City
of New York, State of New York, is designated a national historic site.
(b) Status as Affiliated Site.--The Lower East Side Tenement
National Historic Site shall be an affiliated site of the National Park
System. The Secretary shall coordinate the operation and interpretation
of the historic site with that of the Lower East Side Tenement Historic
Site and the Statue of Liberty, Ellis Island, and Castle Clinton
National Monument, as the historic site's story and interpretation of
the immigrant experience in the United States is directly related to
the themes and purposes of these national Monuments.
(c) Ownership and Operation.--The Lower East Side Tenement National
Historic Site shall continue to be owned, operated, and managed by the
Lower East Side Tenement Museum, a nonprofit institution.
SEC. 204. MANAGEMENT OF THE SITE.
(a) Cooperative Agreement.--The Secretary is authorized to enter
into a cooperative agreement with the Lower East Side Tenement Museum
to ensure the marking, interpretation, and preservation of the national
historic site designated by this title.
(b) Assistance.--The Secretary is authorized to provide technical
and financial assistance to the Lower East Side Tenement Museum to
mark, interpret, and preserve the national historic site including the
making of preservation-related capital improvements and repairs.
(c) Management Plan.--The Secretary shall, working with the Lower
East Side Tenement Museum, develop a general management plan for the
historic site to define the National Park Service's roles and
responsibilities with regard to the interpretation and the preservation
of the national historic site. The plan shall also outline how
interpretation and programming for the Lower East Side Tenement
National Historic Site and the Statue of Liberty, Ellis Island, and
Castle Clinton national monuments will be integrated and coordinated so
as to enhance the stories at each of the 4 sites. Such plan shall be
completed within 2 years after the enactment of this Act.
(d) Savings Clause.--Nothing in this title authorizes the Secretary
to acquire the property at 97 Orchard Street or to assume overall
financial responsibility for the operation, maintenance, or management
of the Lower East Side Tenement National Historic Site.
SEC. 205. APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title. | TABLE OF CONTENTS:
Title I: Casa Malpais
Title II: Lower East Side Tenement
Title I: Casa Malpais
- Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements.
Authorizes appropriations.
Title II: Lower East Side Tenement
- Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System.
Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with that of the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monument. Provides that the Lower East Side Tenement Museum shall continue to own, operate, and manage the Site.
Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site.
Requires the Secretary, working with the Museum, to develop a general management plan for the Site to: (1) define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the Site; and (2) outline how interpretation and programming for the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments will be integrated and coordinated so as to enhance the stories at each of the four Sites.
Authorizes appropriations. | To authorize the Secretary of the Interior to provide assistance to the Casa Malpais National Historic Landmark in Springerville, Arizona, and to establish the Lower East Side Tenement National Historic Site, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rare Earth Policy Task Force and
Materials Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Significant quantities of rare earths are used in the
production of clean energy technologies, including advanced
automotive propulsion batteries, electric motors, high-
efficiency light bulbs, solar panels, and wind turbines. These
technologies are used to advance the United States energy
policy of reducing dependence on foreign oil and decreasing
greenhouse gas emissions through expansion of cleaner sources
of energy.
(2) Many modern defense technologies such as radar and
sonar systems, precision-guided weapons, cruise missiles, and
lasers cannot be built, as designed and specified, without the
use of rare earths and materials produced from them.
(3) Rare earths also provide core functionality to a
variety of high technology applications in computing, pollution
abatement, power generation, water treatment, oil refining,
metal alloying, communications, health care, agriculture, and
other sectors.
(4) Though at least 40 percent of the world's rare earth
reserves are located within the United States and its ally
nations, our country now depends upon imports for nearly 100
percent of its rare earth needs.
SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.
(a) In General.--
(1) Establishment.--There is established within the
Department of the Interior a task force to be known as the
``Rare Earth Policy Task Force'' (referred to in this section
as the ``Task Force''), which shall report to the President
through the Secretary of the Interior.
(2) Composition.--The Task Force shall be composed of the
following:
(A) The Secretary of the Interior (or a designee of
such Secretary), who shall serve as chair of the Task
Force.
(B) The Secretary of Energy (or a designee of such
Secretary).
(C) The Secretary of Agriculture (or a designee of
such Secretary).
(D) The Secretary of Defense (or a designee of such
Secretary).
(E) The Secretary of Commerce (or a designee of
such Secretary).
(F) The Secretary of State (or a designee of such
Secretary).
(G) The Director of the Office of Management and
Budget (or a designee of the Director).
(H) The Chairman of the Council on Environmental
Quality (or a designee of the Chairman).
(I) Such other members as the Secretary of the
Interior considers appropriate.
(b) Duties.--The Task Force shall assist Federal agencies in
reviewing laws (including regulations) and policies that discourage
investment in, exploration for, and development of domestic rare earths
pursuant to Federal Land Policy and Management Act of 1976, the Act of
June 4, 1897, the National Forest Management Act of 1976, and any other
applicable statutory authorities related to domestic mining operations.
(c) Annual Reports.--At least once each year, the Task Force shall
submit to the President, the Committee on Energy and Natural Resources
of the Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Natural Resources of the House of
Representatives a report that identifies the substantive and procedural
requirements of Federal, State, tribal, and local laws (including
regulations) and Executive orders that are inconsistent with,
duplicative of, or structured so as to restrict effective
implementation of projects that will increase investment in,
exploration for, and development of domestic rare earths.
(d) Termination.--The Task Force shall terminate 10 years after the
date of the enactment of this Act.
SEC. 4. RARE EARTH MATERIALS PROGRAM PLAN.
(a) Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act and biennially thereafter, the Secretary
of the Interior shall prepare and submit to the appropriate
congressional committees a plan for research, development,
demonstration, and commercial application to ensure the long-
term, secure, and sustainable supply of rare earth materials
sufficient to satisfy the national security, economic well-
being, and industrial production needs of the United States.
(2) Specific requirements.--The plan shall include a
description of--
(A) the research and development activities to be
carried out under the plan during the subsequent 2
years;
(B) the expected contributions of those activities
to the creation of innovative methods and technologies
for the efficient and sustainable provision of rare
earth materials to the domestic economy; and
(C) how the plan will promote the broadest possible
participation in those activities by academic,
industrial, and other contributors.
(3) Consultation.--In preparing each plan under paragraph
(1), the Secretary of the Interior shall consult with
appropriate representatives of industry, institutions of higher
education, Department of Energy national laboratories,
professional and technical societies, and other entities, as
determined by the Secretary.
(b) Activities.--The plan shall support activities to--
(1) better characterize and quantify virgin stocks of rare
earth materials using theoretical geochemical research;
(2) explore, discover, and recover rare earth materials
using advanced science and technology;
(3) improve methods for the extraction, processing, use,
recovery, and recycling of rare earth materials;
(4) improve the understanding of the performance,
processing, and adaptability in engineering designs of rare
earth materials;
(5) identify and test alternative materials that can be
substituted for rare earth materials in particular
applications;
(6) engineer and test applications that--
(A) use recycled rare earth materials;
(B) use alternative materials; or
(C) seek to minimize rare earth materials content;
(7) collect, catalogue, archive, and disseminate
information on rare earth materials, including scientific and
technical data generated by the research and development
activities supported under the plan, and assist scientists and
engineers in making the fullest possible use of the data
holdings; and
(8) facilitate information sharing and collaboration among
program participants and stakeholders.
(c) Improved Processes and Technologies.--To the maximum extent
practicable, the Secretary of the Interior shall support new or
significantly improved processes and technologies as compared to those
currently in use in the rare earth materials industry.
(d) Expanding Participation.--The Secretary of the Interior shall
encourage--
(1) multidisciplinary collaborations among participants in
activities under the plan; and
(2) extensive opportunities for students at institutions of
higher education, including institutions listed under section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(e) Consistency.--The plan shall be consistent with the policies
and programs in the National Materials and Minerals Policy, Research
and Development Act of 1980 (30 U.S.C. 1601 et seq.).
(f) International Collaboration.--In carrying out activities under
the plan, the Secretary of the Interior may collaborate, to the extent
practicable, on activities of mutual interest with the relevant
agencies of foreign countries with interests relating to rare earth
materials. | Rare Earth Policy Task Force and Materials Act - Establishes within the Department of the Interior the Rare Earth Policy Task Force to assist federal agencies in reviewing federal, state, local, and tribal laws, regulations, and policies that discourage investment, exploration, and development of domestic rare earths.
Instructs the Secretary to: (1) submit biennially to certain congressional committees a plan for research, development, demonstration, and commercial application to ensure the long-term, secure, and sustainable supply of rare earth materials; and (2) support new or significantly improved processes and technologies in the rare earth materials industry.
Authorizes the Secretary to collaborate with the agencies of foreign countries with interests relating to rare earth materials. | To establish the Rare Earth Policy Task Force, to direct the Secretary of the Interior to develop a plan to ensure the long-term supply of rare earth materials, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanded Options in Higher Education
for District of Columbia Students Act of 1999''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a program that enables
college-bound residents of the District of Columbia to have greater
choices among institutions of higher education.
SEC. 3. THE EXPANDED OPTIONS IN HIGHER EDUCATION FOR DISTRICT OF
COLUMBIA STUDENTS PROGRAM.
(a) In General.--From amounts appropriated under subsection (h),
the Secretary shall award grants to eligible institutions that enroll
eligible students to pay the difference between the tuition charged for
in-State students and the tuition charged for out-of-State students on
behalf of each eligible student enrolled in the eligible institution.
(b) Ratable Reduction.--If the funds appropriated under subsection
(h) for any fiscal year are not sufficient to award a grant in the
amount determined under subsection (a) on behalf of each eligible
student enrolled in an eligible institution, the amount of the tuition
payment made on behalf of each eligible student shall be ratably
reduced. If additional sums become available for that fiscal year, the
reduced grant amount shall be increased on the same basis as the grant
amount was reduced (until the amount of the grant equals the amount
determined under subsection (a)).
(c) Definitions.--In this section:
(1) Academic year.--The term ``academic year'' has the
meaning given the term in section 481 of the Higher Education
Act of 1965 (20 U.S.C. 1088).
(2) Eligible student.--The term ``eligible student'' means
an individual who--
(A) has been a resident of the District of Columbia
for not less than the 12 consecutive months preceding
the academic year for which the tuition payment is
sought;
(B) is a member of a family that has an income
level that is below the applicable income level at
which eligibility for the Hope Scholarship and Lifetime
Learning Credit is disallowed by reason of section
25A(d) of the Internal Revenue Code of 1986;
(C) begins the individual's undergraduate course of
study within the 3 calendar years (excluding any period
of service on active duty in the Armed Forces, or
service under the Peace Corps Act (22 U.S.C. 2501 et
seq.) or subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.)
of graduation from a secondary school, or obtaining the
recognized equivalent of a secondary school diploma;
(D) is enrolled or accepted for enrollment, on at
least a half-time basis, in a degree, certificate, or
other program (including a program of study abroad
approved for credit by the institution at which such
student is enrolled) leading to a recognized
educational credential at an eligible institution;
(E) if enrolled in an eligible institution, is
maintaining satisfactory progress in the course of
study the student is pursuing in accordance with
section 484(c) of the Higher Education Act of 1965 (20
U.S.C. 1091(c));
(F) has not completed the individual's first
undergraduate baccalaureate course of study; and
(G) has filed an application with an eligible
institution.
(3) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public institution of higher education
located in the State of Maryland or the Commonwealth of
Virginia;
(B) is an institution of higher education as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001);
(C) is eligible to participate in the student
financial assistance programs under title IV of such
Act (20 U.S.C. 1070 et seq.); and
(D) enters into an agreement with the Secretary
containing such conditions as the Secretary may
specify.
(4) Secondary school.--The term ``secondary school'' has
the meaning given that term under section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(d) Construction.--Nothing in this Act shall be construed to
require an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable an eligible
student to enroll in the institution.
(e) Applications.--Each student desiring a tuition payment under
this section shall submit an application to the eligible institution at
such time, in such manner, and accompanied by such information as the
eligible institution may require.
(f) Administration of Program.--
(1) In general.--The Secretary shall carry out the program
under this section in consultation with the Mayor of the
District of Columbia. The Secretary may enter into a grant,
contract, or cooperative agreement with another public or
private entity to administer the program under this section if
the Secretary determines that doing so is a more efficient way
of carrying out the program.
(2) Policies and procedures.--The Secretary, in
consultation with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
(g) Report.--The Secretary shall report to Congress annually
regarding--
(1) the number of eligible students attending each eligible
institution and the amount of the grant awards paid to those
institutions on behalf of the eligible students;
(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition payments made on behalf of
eligible students; and
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students for each year.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Education to carry out this section
$20,000,000 for fiscal year 2000 and such sums as may be necessary for
each of the 5 succeeding fiscal years. Such funds shall remain
available until expended.
(i) Effective Date.--This section shall take effect for academic
years beginning on or after July 1, 2000.
SEC. 4. ASSISTANCE TO THE UNIVERSITY OF THE DISTRICT OF COLUMBIA.
(a) In General.--The Secretary of Education may provide financial
assistance to the University of the District of Columbia to enable the
University to carry out activities authorized under part B of title III
of the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,500,000 for fiscal year 2000
and such sums as may be necessary for each of the 5 succeeding fiscal
years.
SEC. 5. PRIVATE SCHOOL PROGRAM.
(a) In General.--The Secretary may award grants to eligible
institutions that enroll eligible students to pay the cost of tuition
and fees at the eligible institutions on behalf of each eligible
student enrolled in an eligible institution. The Secretary may
prescribe such regulations as may be necessary to carry out this
section.
(b) Grant Amount.--
(1) In general.--The Secretary shall award a grant under
this section on behalf of each eligible student in an amount
that is not greater than $2,000 for each eligible student per
academic year. In determining the amount of the tuition and fee
payment made on behalf of eligible students for an academic
year the Secretary shall consider the number of eligible
students for the academic year and the amount of funds
appropriated under subsection (f) for the academic year.
(2) Proration.--The Secretary shall prorate grant awards
under this section for students who attend school on less than
a full time basis.
(c) Definitions.--In this section:
(1) Eligible student.--The term ``eligible student'' means
an individual who meets the requirements of subparagraphs (A)
through (G) of section 3(c)(2).
(2) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A)(i) is a private, nonprofit institution of
higher education, as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001), that is
located in the District of Columbia or in a county
adjacent to the District of Columbia; or
(ii) is a proprietary institution of higher
education, as defined in section 102(b) of the Higher
Education Act of 1965 (20 U.S.C. 1002(b)), that--
(I) provides a 2-year or 4-year program of
instruction for which the institution awards an
associate or baccalaureate degree; and
(II) is located in the District of Columbia
or in a county adjacent to the District of
Columbia;
(B) is eligible to participate in the student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) enters into an agreement with the Secretary
containing such conditions as the Secretary may
specify.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(d) Application.--Each eligible student desiring a tuition and fee
payment under this section shall submit an application to the eligible
institution at such time, in such manner, and accompanied by such
information as the eligible institution may require.
(e) Administration of Program.--
(1) In general.--The Secretary shall carry out the program
under this section in consultation with the Mayor of the
District of Columbia. The Secretary may enter into a grant,
contract, or cooperative agreement with another public or
private entity to administer the program under this section if
the Secretary determines that doing so is a more efficient way
of carrying out the program.
(2) Policies and procedures.--The Secretary, in
consultation with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Education to carry out this section
$10,000,000 for fiscal year 2000 and such sums as may be necessary for
each of the 5 succeeding fiscal years. Such funds shall remain
available until expended.
(g) Effective Date.--This section shall take effect for academic
years beginning on or after July 1, 2000. | Defines eligibility criteria, including membership in a family with an income level below the threshold at which eligibility for the Hope Scholarship and Lifetime Learning Credit is disallowed under the Internal Revenue Code.
Authorizes the Secretary to delegate administration of the program to another public or private entity if it would be more efficient to do so.
Authorizes appropriations.
Authorizes the Secretary to provide financial assistance to the University of the District of Columbia to enable it to carry out activities authorized by the Higher Education Act of 1965 with respect to Historically Black Colleges and Universities. Authorizes appropriations.
Authorizes the Secretary to award grants of up to $2,000 per academic year on behalf of eligible students to help defray tuition costs for attendance at private, nonprofit postsecondary education institutions in the District or an adjacent county. Prescribes eligibility criteria identical to the other eligibility criteria of this Act. Authorizes the Secretary to delegate administration of the program to another public or private entity if it would be more efficient to do so. Authorizes appropriations. | Expanded Options in Higher Education for District of Columbia Students Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Telemedicine
Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the National
Commission on Telemedicine (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES.
The Commission shall carry out the following duties:
(1) Conduct a complete assessment of the use of existing
and emerging wired and wireless telecommunications and
information systems technologies:
(A) in the provision of health care and in the
performance of health research--
(i) to transmit, compress, and archive
data; and
(ii) to perform examinations and
procedures, and to conduct consultations,
relating to the diagnosis and treatment of
illnesses, injuries, and other physical and
mental conditions;
(B) in the training of students of health
professions and the continuing education of practicing
health care providers; and
(C) in the monitoring of medical conditions by
individuals at home.
(2) Assess whether such technologies are effective in
improving the quality and accessibility of health care and
reducing the costs of such care.
(3) Identify obstacles that may impede such technologies
from being widely used and accepted by health care providers.
(4) Develop a model definition of the term ``telemedicine''
that may be used by health care providers, persons that provide
payment for health care services, and other participants in the
health care system.
(5) Establish terms for appropriate reimbursement for such
``telemedicine'' services by public agencies that, and private
persons who, provide payments for health care services.
SEC. 4. MEMBERSHIP.
(a) Size and Composition.--The Commission shall be composed of 37
members appointed in accordance with subsection (b) from individuals
who are not officers or employees of any government. The membership
shall include the following:
(1) A physician specializing in emergency medicine.
(2) A representative of the insurance industry who is
experienced in reimbursement issues.
(3) A representative of the wireless communication and data
transfer industry.
(4) A representative of the wire and fiber-optic
communication and data transfer industry.
(5) A biomedical engineer.
(6) A representative of the computer technology and data
compression industry.
(7) Three members of the emergency medical technician,
trauma nursing, and physician assistant professions (one member
from each such profession).
(8) A physician whose practice consists exclusively of
providing consultations.
(9) A medical school educator.
(10) A health care provider who practices in a correctional
facility.
(11) A rural health care provider.
(12) A health care lawyer.
(13) A health care administrator.
(14) A public health educator.
(15) A small businessman involved in the design,
manufacture, or sale of telecommunications or information
systems hardware used in the provision of health care.
(b) Appointment.--Not later than the expiration of the 60-day
period beginning on the date of the enactment of this Act, the
President, the Speaker of the House of Representatives, and the
majority leader of the Senate shall each submit to the Secretary of
Commerce a list of individuals recommended for appointment to the
Commission. Not later than the expiration of the 90-day period
beginning on the date of the enactment of this Act, such Secretary
shall appoint the members of the Commission after consulting with the
individuals who have submitted the lists. The Commission shall be
composed of at least 12 individuals recommended by the President, at
least 12 individuals recommended by the Speaker of the House of
Representatives, and at least 12 individuals recommended by the
majority leader of the Senate.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Vacancies.--A vacancy in the Commission shall be filled by the
Secretary of Commerce, in consultation with the President, the Speaker
of the House of Representatives, and the majority leader of the Senate.
(e) Compensation.--
(1) Rates of pay.--Members of the Commission shall be paid
at a rate fixed by the Secretary of Commerce not to exceed the
maximum rate of basic pay payable for GS-15 of the General
Schedule. A member of the Commission who is detailed by a
private person to serve on the Commission and who continues to
receive the member's usual salary and benefits from such person
while serving on the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(f) Quorum.--19 members of the Commission shall constitute a
quorum, but a lesser number may hold hearings, take testimony, or
receive evidence.
(g) Chairperson.--The chairperson of the Commission shall be
designated by the Secretary of Commerce at the time of appointment.
(h) Meetings.--The Commission shall meet at the call of the
chairperson of the Commission or a majority of its members.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a director appointed by
the Commission and paid at a rate fixed by the Secretary of Commerce
not to exceed the maximum rate of basic pay payable for GS-13 of the
General Schedule.
(b) Staff.--The Commission may appoint additional personnel as it
considers appropriate. Pay for such personnel shall be fixed by the
Secretary of Commerce at rates that do not exceed the maximum rate of
basic pay payable for GS-11 of the General Schedule.
(c) Exception.--A member of the staff of the Commission who is
detailed by a public or private person to assist the Commission and who
continues to receive the member's usual salary and benefits from such
person while assisting the Commission shall not receive pay under
subsection (a) or (b).
(d) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except as
provided in subsections (a) and (b).
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency may detail, on a nonreimbursable basis, any
of the personnel of the agency to the Commission to assist it in
carrying out its duties under this Act.
(f) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals fixed by the Secretary of
Commerce not to exceed the daily equivalent of the minimum annual rate
of basic pay payable for GS-13 of the General Schedule.
(g) Administrative Support Services.--The Secretary of Commerce,
acting through the National Telecommunications and Information
Administration, shall provide to the Commission on a nonreimbursable
basis such administrative support services as are necessary for the
Commission to carry out its responsibilities under this Act.
SEC. 6. POWERS.
(a) 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.
(b) Public Comment.--The Commission shall solicit and consider
public comments in the performance of the duties of the Commission.
(c) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this section.
(d) Information.--
(1) In general.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry
out this Act. Upon request of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
(2) Exception.--Paragraph (1) shall not apply to any
information that the Commission is prohibited to secure or
request by another law.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(f) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT.
(a) Submission.--Not later than the expiration of the 1-year period
beginning on the date of the appointment of the last member of the
Commission to be appointed under section 4, the Commission shall submit
to the President and the Congress a report containing the findings,
conclusions, and recommendations of the Commission.
(b) Public Dissemination.--Not later than the expiration of the 30-
day period beginning on the date of the submission of the report under
subsection (a), the Secretary of Commerce, acting through the National
Telecommunications and Information Administration, shall make copies of
the report available to the public.
(c) Presidential Response.--Not later than the expiration of the
120-day period beginning on the date of the submission of the report
under subsection (a), the President shall submit to the Congress a
response to the recommendations of the Commission, including, if the
President determines it to be appropriate, a plan for implementing 1 or
more of such recommendations.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the expiration of the
60-day period beginning on the date on which the Commission submits its
report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated, from amounts otherwise
appropriated for the National Telecommunications and Information
Administration of the Department of Commerce, such sums as may be
necessary to carry out this Act.
SEC. 10. BUDGET COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A))) authorized by this title shall be effective only to such
extent or in such amounts as are provided in appropriation Acts. | National Commission on Telemedicine Act - Establishes the National Commission on Telemedicine to assess the use of existing and emerging wired and wireless telecommunications and information systems technologies in: (1) health care and health research; (2) health professions student training and continuing education; and (3) medical condition monitoring by individuals at home.
Requires the Commission to: (1) assess whether the technologies are effective in improving health care quality and accessibility and reducing cost; (2) identify provider use and acceptance obstacles; (3) develop a model definition of "telemedicine"; and (4) establish appropriate telemedicine service reimbursement.
Authorizes appropriations from amounts otherwise appropriated for the National Telecommunications and Information Administration of the Department of Commerce. | National Commission on Telemedicine Act |
SECTION 1. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.
(a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5101 et seq.) is amended by adding at the end the following:
``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.
``(a) Temporary Authority To Originate Loans for Loan Originators
Moving From a Depository Institution to a Non-Depository Institution.--
``(1) In general.--Upon employment by a State-licensed
mortgage company, an individual who is a registered loan
originator shall be deemed to have temporary authority to act
as a loan originator in an application State for the period
described in paragraph (2) if the individual--
``(A) has not had an application for a loan
originator license denied, or had such a license
revoked or suspended in any governmental jurisdiction;
``(B) has not been subject to or served with a
cease and desist order in any governmental jurisdiction
or as described in section 1514(c);
``(C) has not been convicted of a felony that would
preclude licensure under the law of the application
State;
``(D) has submitted an application to be a State-
licensed loan originator in the application State; and
``(E) was registered in the Nationwide Mortgage
Licensing System and Registry as a loan originator
during the 12-month period preceding the date of
submission of the information required under section
1505(a).
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the individual submits the information
required under section 1505(a) and shall end on the earliest
of--
``(A) the date that the individual withdraws the
application to be a State-licensed loan originator in
the application State;
``(B) the date that the application State denies,
or issues a notice of intent to deny, the application;
``(C) the date that the application State grants a
State license; or
``(D) the date that is 120 days after the date on
which the individual submits the application, if the
application is listed on the Nationwide Mortgage
Licensing System and Registry as incomplete.
``(b) Temporary Authority To Originate Loans for State-Licensed
Loan Originators Moving Interstate.--
``(1) In general.--A State-licensed loan originator shall
be deemed to have temporary authority to act as a loan
originator in an application State for the period described in
paragraph (2) if the State-licensed loan originator--
``(A) meets the requirements of subparagraphs (A),
(B), (C), and (D) of subsection (a)(1);
``(B) is employed by a State-licensed mortgage
company in the application State; and
``(C) was licensed in a State that is not the
application State during the 30-day period preceding
the date of submission of the information required
under section 1505(a) in connection with the
application submitted to the application State.
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the State-licensed loan originator
submits the information required under section 1505(a) in
connection with the application submitted to the application
State and end on the earliest of--
``(A) the date that the State-licensed loan
originator withdraws the application to be a State-
licensed loan originator in the application State;
``(B) the date that the application State denies,
or issues a notice of intent to deny, the application;
``(C) the date that the application State grants a
State license; or
``(D) the date that is 120 days after the date on
which the State-licensed loan originator submits the
application, if the application is listed on the
Nationwide Mortgage Licensing System and Registry as
incomplete.
``(c) Applicability.--
``(1) Any person employing an individual who is deemed to
have temporary authority to act as a loan originator in an
application State pursuant to this section shall be subject to
the requirements of this title and to applicable State law to
the same extent as if such individual was a State-licensed loan
originator licensed by the application State.
``(2) Any individual who is deemed to have temporary
authority to act as a loan originator in an application State
pursuant to this section and who engages in residential
mortgage loan origination activities shall be subject to the
requirements of this title and to applicable State law to the
same extent as if such individual was a State-licensed loan
originator licensed by the application State.
``(d) Definitions.--In this section, the following definitions
shall apply:
``(1) State-licensed mortgage company.--The term `State-
licensed mortgage company' means an entity licensed or
registered under the law of any State to engage in residential
mortgage loan origination and processing activities.
``(2) Application state.--The term `application State'
means a State in which a registered loan originator or a State-
licensed loan originator seeks to be licensed.''.
(b) Table of Contents Amendment.--The table of contents in section
1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501
note) is amended by inserting after the item relating to section 1517
the following:
``Sec. 1518. Employment transition of loan originators.''.
SEC. 2. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER OFFICIALS.
Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5112) is amended by striking ``are loan originators or are
applying for licensing or registration as loan originators'' and
inserting ``are applying for licensing or registration using the
Nationwide Mortgage Licensing System and Registry''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 18 months after the date of the enactment of this Act.
Passed the House of Representatives May 23, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 1) This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 (Act) to state that, upon employment by a state-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as one in an application state for a specified period if the individual: has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; has not been subject to or served with a cease and desist order in any governmental jurisdiction; has not been convicted of a felony that would preclude licensure under the law of the application state; has applied to be a state-licensed originator in the application state; and was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of the required information. A state-licensed loan originator shall also be deemed to have temporary authority to act as a loan originator in an application state for a specified period if the loan originator: (1) meets certain requirements; (2) is employed by a state-licensed mortgage company in the application state; and (3) was licensed in another state during the 30-day period before submitting the information required in connection with the application to the application state. Any person employing an individual deemed to have such temporary authority to act as a loan originator in an application state, and any such individual who engages in residential mortgage loan activities, shall be subject to the requirements of the Act and to state law to the same extent as if such individual was a loan originator licensed by the application state. (Sec. 2) The exemption from civil liability of the Consumer Financial Protection Bureau (CFPB), any state official or agency, or any organization serving as the administrator of the Nationwide Mortgage Licensing System and Registry (or a CFPB-established system), or any officer or employee of any such entity, by reason of a good faith action or omission while acting within the scope of office or employment that relates to the collection, furnishing, or dissemination of information concerning persons applying for licensing or registration as loan originators shall be limited to any such activities involving only information concerning applicants using the Nationwide Mortgage Licensing System and Registry. | SAFE Transitional Licensing Act of 2015 |
SECTION 1. AMENDMENTS RELATING TO TREATMENT OF UNCLAIMED DEPOSITS AT
INSURED BANKS AND SAVINGS ASSOCIATIONS.
Subsection (e) of section 12 of the Federal Deposit Insurance Act
(12 U.S.C. 1822(e)) is amended to read as follows:
``(e) Disposition of Unclaimed Deposits._
``(1) Notices._
``(A) First notice._Within 30 days after the initiation of
the payment of insured deposits under section 11(f), the
Corporation shall provide written notice to all insured
depositors that they must claim their deposit from the
Corporation, or if the deposit has been transferred to another
institution, from the transferee institution.
``(B) Second notice._A second notice containing this
information shall be mailed by the Corporation to all insured
depositors who have not responded to the first notice, 15
months after the Corporation initiates such payment of insured
depositors.
``(C) Address._The notices shall be mailed to the last
known address of the depositor appearing on the records of the
insured depository institution in default.
``(2) Transfer to appropriate state._If an insured depositor
fails to make a claim for his, her, or its insured or transferred
deposit within 18 months after the Corporation initiates the
payment of insured deposits under section 11(f)_
``(A) any transferee institution shall refund the deposit
to the Corporation, and all rights of the depositor against the
transferee institution shall be barred; and
``(B) with the exception of United States deposits, the
Corporation shall deliver the deposit to the custody of the
appropriate State as unclaimed property, unless the appropriate
State declines to accept custody. Upon delivery to the
appropriate State, all rights of the depositor against the
Corporation with respect to the deposit shall be barred and the
Corporation shall be deemed to have made payment to the
depositor for purposes of section 11(g)(1).
``(3) Refusal of appropriate state to accept custody._If the
appropriate State declines to accept custody of the deposit
tendered pursuant to paragraph (2)(B), the deposit shall not be
delivered to any State, and the insured depositor shall claim the
deposit from the Corporation before the receivership is terminated,
or all rights of the depositor with respect to such deposit shall
be barred.
``(4) Treatment of united states deposits._If the deposit is a
United States deposit it shall be delivered to the Secretary of the
Treasury for deposit in the general fund of the Treasury. Upon
delivery to the Secretary of the Treasury, all rights of the
depositor against the Corporation with respect to the deposit shall
be barred and the Corporation shall be deemed to have made payment
to the depositor for purposes of section 11(g)(1).
``(5) Reversion._If a depositor does not claim the deposit
delivered to the custody of the appropriate State pursuant to
paragraph (2)(B) within 10 years of the date of delivery, the
deposit shall be immediately refunded to the Corporation and become
its property. All rights of the depositor against the appropriate
State with respect to such deposit shall be barred as of the date
of the refund to the Corporation.
``(6) Definitions._For purposes of this subsection_
``(A) the term `transferee institution' means the insured
depository institution in which the Corporation has made
available a transferred deposit pursuant to section 11(f)(1);
``(B) the term `appropriate State' means the State to which
notice was mailed under paragraph (1)(C), except that if the
notice was not mailed to an address that is within a State it
shall mean the State in which the depository institution in
default has its main office; and
``(C) the term `United States deposit' means an insured or
transferred deposit for which the deposit records of the
depository institution in default disclose that title to the
deposit is held by the United States, any department, agency,
or instrumentality of the Federal Government, or any officer or
employee thereof in such person's official capacity.''.
SEC. 2. EFFECTIVE DATE.
(a) In General._The amendments made by section 1 of this Act shall
only apply with respect to institutions for which the Corporation has
initiated the payment of insured deposits under section 11(f) of the
Federal Deposit Insurance Act after the date of enactment of this Act.
(b) Special Rule for Receiverships in Progress._Section 12(e) of
the Federal Deposit Insurance Act as in effect on the day before the
date of enactment of this Act shall apply with respect to insured
deposits in depository institutions for which the Corporation was first
appointed receiver during the period between January 1, 1989 and the
date of enactment of this Act, except that such section 12(e) shall not
bar any claim made against the Corporation by an insured depositor for
an insured or transferred deposit, so long as such claim is made prior
to the termination of the receivership.
(c) Information to States._Within 120 days after the date of
enactment of this Act, the Corporation shall provide, at the request of
and for the sole use of any State, the name and last known address of
any insured depositor (as shown on the records of the institution in
default) eligible to make a claim against the Corporation solely due to
the operation of subsection (b) of this section.
(d) Definition._For purposes of this section, the term
``Corporation'' means the Federal Deposit Insurance Corporation, the
Resolution Trust Corporation, or the Federal Savings and Loan Insurance
Corporation, as appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Federal Deposit Insurance Act to require the Federal Deposit Insurance Corporation (FDIC) to send: (1) a first notice to all insured depositors within 30 days after beginning to pay off depositors that they must claim their deposits from the FDIC (or from any transferee institution if the deposit has been transferred); and (2) a second notice after 15 months after beginning to pay off depositors to all those who have not responded to the first notice. Requires the FDIC to transfer, within 18 months after beginning to pay off depositors, any unclaimed deposits to the State of a depositor's last known address (or, if the address is outside the United States, to the State in which the failed institution had its main office). Permits an insured depositor to claim from the FDIC after the 18-month period any deposit a State has refused to accept, but only until the receivership is terminated.
Permits States to keep an unclaimed deposit for ten years, after which, if remaining unclaimed, it must refund the deposit to the FDIC.
Makes a specified rule for receiverships in progress before the enactment of this Act. | Unclaimed Deposits Amendments Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Businesses Add Value for
Employees Act of 2008'' or the ``SAVE Act of 2008''.
SEC. 2. ELIMINATION OF RESTRICTION ON SIMPLE IRA ROLLOVERS.
(a) In General.--Paragraph (3) of section 408(d) of the Internal
Revenue Code of 1986 (relating to rollover contribution) is amended by
striking subparagraph (G).
(b) Effective Date.--The amendment made by this section shall apply
to distributions in taxable years beginning after the date of the
enactment of this Act.
SEC. 3. ALLOWING MID-YEAR SIMPLE IRA PLAN TERMINATION.
(a) In General.--Subsection (p) of section 408 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(11) Special rules relating to mid-year termination.--
``(A) In general.--An employer may elect to
terminate (in such form and manner as the Secretary may
provide) the qualified salary reduction arrangement of
the employer at any time during the year.
``(B) Proration and application of qualified plan
limitation.--In the case of a year during which an
employer terminates a qualified salary reduction
arrangement before the end of such year--
``(i) the applicable dollar amount in
effect for such year shall be prorated to the
date of such termination,
``(ii) for purposes of determining the
compensation of an employee for such
arrangement for such year, the year of such
termination shall be treated as ending on the
date of such termination, and
``(iii) subparagraph (D) of paragraph (2)
shall not apply with respect to a qualified
plan maintained in such year only after the
date of such termination.''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after the date of the enactment of this Act.
SEC. 4. ELIMINATION OF HIGHER PENALTY ON EARLY SIMPLE IRA
DISTRIBUTIONS.
(a) In General.--Subsection (t) of section 72 of the Internal
Revenue Code of 1986 (relating to 10 percent additional tax on early
distributions from qualified retirement plans) is amended by striking
paragraph (6).
(b) Effective Date.--The amendment made by this section shall apply
to distributions in taxable years beginning after the date of the
enactment of this Act.
SEC. 5. INCREASE IN CONTRIBUTIONS ALLOWED FOR SIMPLE IRA.
(a) Additional Nonelective Employer Contributions Allowed.--
(1) In general.--Subparagraph (A) of section 408(p)(2) of
the Internal Revenue Code of 1986 (relating to qualified salary
reduction arrangement) is amended by striking ``and'' at the
end of clause (iii), by redesignating clause (iv) as clause
(v), and by inserting after clause (iii) the following new
clause:
``(iv) the employer may make, in addition
to any other contribution under this paragraph,
nonelective contributions of not more than 10
percent of compensation (subject to the
limitation described in subparagraph (B)(ii))
for each employee who is eligible to
participate in the arrangement and who has at
least $5,000 of compensation from the employer
for the year, and''.
(2) Conforming amendment.--Clause (v) of section
408(p)(2)(A) of such Code, as redesignated by this section, is
amended by striking ``clause (i) or (iii)'' and inserting
``clause (i), (iii), or (iv)''.
(b) Increase in Elective Contribution Limitation.--Subparagraph (E)
of section 408(p)(2) is amended to read as follows:
``(E) Applicable dollar amount.--For purposes of
subparagraph (A)(ii), the applicable dollar amount
shall be the applicable dollar amount in effect under
subparagraph (B) of section 402(g)(1).''.
(c) SIMPLE IRA Subject to Defined Contribution Plan Limitation.--
Subsection (p) of section 408 of such Code is amended by adding at the
end the following new paragraph:
``(11) Subject to defined contribution plan limitation.--An
arrangement shall not be treated as a qualified salary
reduction arrangement for any year if contributions with
respect to any employee for the year exceed the limitation of
paragraph (1) of section 415(c) (relating to limitation for
defined contribution plans).''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions for taxable years beginning after December 31,
2007.
SEC. 6. SIMPLE 401(K) PARITY FOR ADDITIONAL NONELECTIVE EMPLOYER
CONTRIBUTIONS.
(a) In General.--Subparagraph (B) of section 401(k)(11) of such
Code (relating to contribution requirements) is amended by adding at
the end the following new clause:
``(iv) Special rule for additional
nonelective employer contributions.--An
arrangement shall not be treated as failing to
meet the requirements of this subparagraph
merely because under such arrangement the
employer makes, in addition to any other
contribution under this subparagraph,
nonelective contributions of not more than 10
percent of compensation for each employee who
is eligible to participate in the arrangement
and who has at least $5,000 of compensation
from the employer for the year.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after December 31, 2007.
SEC. 7. AUTOMATIC DEFERRAL IRAS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408A the following new section:
``SEC. 408B. AUTOMATIC DEFERRAL IRAS.
``(a) In General.--An automatic deferral IRA shall be treated for
purposes of this title in the same manner as an individual retirement
plan. An automatic IRA may also be treated as a Roth IRA for purposes
of this title if it meets the requirements of section 408A.
``(b) Automatic Deferral IRA.--For purposes of this section, the
term `automatic deferral IRA' means an individual retirement plan (as
defined in section 7701(a)(37)) with respect to which contributions are
made under an arrangement which satisfies the requirements of
paragraphs (1) through (4) of subsection (c).
``(c) Automatic Deferral IRA Arrangements.--
``(1) Enrollment.--
``(A) In general.--The requirements of this
paragraph are met if each employee eligible to
participate in the arrangement is treated as having
elected to have the employer make payments as elective
contributions to an automatic deferral IRA on behalf of
such employee (which would have otherwise been made to
the employee directly in cash) in an amount equal to so
much of a qualified percentage of compensation of such
employee as does not exceed the deductible amount for
such year (within the meaning of section 219(b)).
``(B) Eligibility.--An employee is eligible to
participate if such employee is described in paragraph
(2) of section 408(k), except that for purposes of
determining whether an employee is described in such
paragraph, subparagraph (C) thereof shall be applied by
substituting `$5,000' for `$450'.
``(C) Election out.--The election treated as having
been made under subparagraph (A) shall cease to apply
with respect to any employee who makes an affirmative
election--
``(i) to not have such elective
contributions made, or
``(ii) not later than the close of the 30-
day period beginning on the date of the first
contribution with respect to such employee, to
make elective contributions at a level
specified in such affirmative election.
``(D) Qualified percentage.--For purposes of this
paragraph, the term `qualified percentage' means, with
respect to any employee, any percentage determined
under the trust agreement if such percentage is applied
uniformly, is at least 3 percent, and does not exceed
10 percent.
``(2) Notice.--
``(A) In general.--The requirements of this
paragraph are met if, within a reasonable period before
the first day an employee is eligible to participate in
the arrangement, the employee receives written notice
of the employee's rights and obligations under the
arrangement which--
``(i) is sufficiently accurate and
comprehensive to apprise the employee of such
rights, and
``(ii) is written in a manner calculated to
be understood by the average employee to whom
the arrangement applies.
``(B) Timing and content.--A notice shall not be
treated as meeting the requirements of subparagraph (A)
with respect to an employee unless--
``(i) the notice explains the employee's
right to elect not to have elective
contributions made on the employee's behalf (or
to elect to have such contributions made at a
different percentage),
``(ii) the notice explains how
contributions made under the arrangement will
be invested in the absence of any investment
election by the employee, and
``(iii) the employee has a reasonable
period of time after receipt of the notice
described in clauses (i) and (ii) and before
the first elective contribution is made to make
either such election.
``(3) Default investment arrangement.--The requirements of
this paragraph are met if--
``(A) in the absence of an investment election by
the employee with respect to the employee's interest in
the trust, such interest is invested as provided in
regulations prescribed pursuant to subparagraph (A) of
section 404(c)(5) of the Employee Retirement Income
Security Act of 1974, and
``(B) the employer provides each employee who has
an interest in the trust, notice which meets the
requirements of subparagraph (B) of such section.
``(4) Administrative requirements.--The requirements of
this paragraph are met if--
``(A) an employer must make the elective employer
contributions under paragraph (1)(A) not later than the
close of the 30-day period following the last day of
the month with respect to which the contributions are
to be made,
``(B) an employee may elect to terminate
participation in the arrangement at any time during the
year, except that if the employee so terminates, the
arrangement may provide that the employee may elect to
resume participation until the beginning of the next
year, and
``(C) each employee eligible to participate may
elect, during the 30-day period before the beginning of
any year, or to modify the amount subject to such
arrangement, for such year.''.
(b) Preemption of Conflicting State Laws.--Any law of a State shall
be superseded if it would directly or indirectly prohibit or restrict
an employer from creating or organizing an automatic deferral IRA (as
defined in section 408B of the Internal Revenue Service of 1986).
(c) Clerical Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to 408A the
following new item:
``408B. Automatic deferral IRAs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 8. EXPANDING SMALL EMPLOYER PENSION PLAN STARTUP COST CREDIT.
(a) In General.--
(1) Including startup costs for employer-established
iras.--Paragraph (2) of section 45E(d) of the Internal Revenue
Code of 1986 (defining eligible employer plan) is amended by
inserting before the period ``and a plan of which a trust
described in section 408(c) is a part''.
(2) Additional credit amount.--
(A) In general.--Subsection (a) of section 45E of
such Code is amended by striking ``50 percent of'' and
all that follows and inserting ``the sum of--
``(1) 50 percent of the qualified startup costs paid or
incurred by the taxpayer during the taxable year, plus
``(2) $25 multiplied by the number of employees of the
employer who participate in any eligible employer plan of the
employer for the first time in such taxable year.''.
(B) Conforming amendment.--Paragraph (2) of section
45E(c) of such Code (defining eligible employer) is
amended--
(i) by striking ``qualified employer plan''
in each place it appears and inserting
``eligible employer plan'', and
(ii) by striking ``qualified'' in the
heading thereof and inserting ``eligible''.
(b) Effective Date.--The amendment made by this section shall apply
to costs paid or incurred in taxable years beginning after the date of
the enactment of this Act.
SEC. 9. AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
(a) In General.--Section 3(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the
end the following new subparagraph:
``(C) An individual retirement plan (as defined in section
7701(a)(37) of the Internal Revenue Code of 1986) shall not be
considered a pension plan merely because an employer establishes a
payroll deduction program for the purpose of enabling employees to make
voluntary contributions to such account or annuity.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act. | Small Businesses Add Value for Employees Act of 2008 or the SAVE Act of 2008 - Amends Internal Revenue Code provisions relating to employer-established simple individual retirement accounts (IRAs) to: (1) repeal certain restrictions on rollovers from simple IRAs: (2) allow employers to elect to terminate qualified salary reduction arrangements at any time during the year; (3) repeal the enhanced 25% penalty on premature withdrawal made from simple IRAs within the first two plan years; (4) allow additional nonelective employer contributions to simple IRAs; (5) establish automatic deferral IRAs; and (6) increase the tax credit for small employer pension plan startup costs. | To amend the Internal Revenue Code of 1986 to encourage retirement savings by modifying requirements with respect to employer-established IRAs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Tax Credit Expansion and
Equity Act''.
SEC. 2. EXPANSION OF CHILD TAX CREDIT; CREDIT MADE PARTIALLY
REFUNDABLE.
(a) Increase in Amount Allowed.--Subsection (a) of section 24 of
the Internal Revenue Code of 1986 (relating to allowance of credit) is
amended to read as follows:
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
with respect to each qualifying child of the taxpayer an amount
equal to the applicable amount.
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount shall be determined as follows:
``In the case of any taxable year The applicable amount is--
beginning in--
2002.......................................... $600
2003.......................................... 700
2004.......................................... 800
2005.......................................... 900
2006 or thereafter............................ 1,000.''.
(b) Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Section 24(b) of the Internal Revenue Code
of 1986 (relating to limitation based on adjusted gross income)
is amended by adding at the end the following new paragraph:
``(3) Limitation based on amount of tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.''.
(2) Conforming amendments.--
(A) Section 24(d) of such Code is amended--
(i) by striking ``section 26(a)'' each
place it appears and inserting ``subsection
(b)(3)'', and
(ii) in paragraph (1)(B) by striking
``aggregate amount of credits allowed by this
subpart'' and inserting ``amount of credit
allowed by this section''.
(B) Paragraph (1) of section 26(a) of such Code is
amended by inserting ``(other than section 24)'' after
``this subpart''.
(C) Section 904(h) is amended by inserting ``(other
than section 24)'' after ``chapter''.
(D) Section 1397E(c)(2) of such Code is amended by
inserting ``section 24 and'' after ``other than''.
(E) The heading for section 24(b) of such Code is
amended to read as follows: ``Limitations.--''.
(F) The heading for section 24(b)(1) of such Code
is amended to read as follows: ``Limitation based on
adjusted gross income.--''.
(c) Portion of Child Credit Treated as Refundable.--
(1) In general.--Paragraph (1) of section 24(d) of the
Internal Revenue Code of 1986 (relating to additional credit
for families with 3 or more children), as amended by subsection
(b)(2)(A), is amended to read as follows:
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the sum of the
credits allowable under this section for all qualifying
children of the taxpayer (determined without regard to this
subsection and the limitation under subsection (b)(3)), except
that the amount of the credit which may be taken into account
under this subsection with respect to any qualifying child
shall not exceed $500. The amount of the credit allowed under
this subsection shall not be treated as a credit allowed under
this subpart and shall reduce the amount of credit otherwise
allowable under subsection (a) without regard to subsection
(b)(3).''.
(2) Conforming amendments.--
(A) Section 24(d) of such Code is amended by
striking paragraph (3).
(B) The heading for section 24(d) of such Code is
amended to read as follows: ``Additional Credit for
Certain Families.--''.
(d) Coordination With Federal Means-Tested Programs.--Section 24(d)
of the Internal Revenue Code of 1986, as amended by subsection (c), is
amended by adding at the end the following new paragraph:
``(3) Coordination with means-tested programs.--For
purposes of any benefits, assistance, or supportive services
under any Federal program or under any State or local program
financed, in whole or in part, with Federal funds, which
imposes income limitations on eligibility for such program, any
refund made to an individual (or the spouse of an individual)
by reason of this subsection shall not be treated as income
(and shall not be taken into account in determining resources
for the month of its receipt and the following month).''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Child Tax Credit Expansion and Equity Act - Amends the Internal Revenue Code to provide a phased-in increase ($1,000 as of 2006) of the child tax credit. Makes such credit partially refundable. Provides for coordination with Federal means-tested programs. | A bill to amend the Internal Revenue Code of 1986 to expand the child tax credit. |
SECTION 1. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN MAINE.
(a) Authority To Convey.--
(1) In general.--Subject to paragraphs (3) and (4), the
Secretary of Transportation may convey, without consideration,
to the Island Institute, Rockland, Maine (in this section
referred to as the ``Institute''), all right, title, and
interest of the United States in and to any of the facilities
and real property and improvements described in paragraph (2).
(2) Covered facilities.--Paragraph (1) applies to
lighthouses, together with any real property and other
improvements associated therewith, located in the State of
Maine as follows:
(A) Whitehead Island Light.
(B) Deer Island Thorofare (Mark Island) Light.
(C) Burnt Island Light.
(D) Rockland Harbor Breakwater Light.
(E) Monhegan Island Light.
(F) Eagle Island Light.
(G) Curtis Island Light.
(H) Moose Peak Light.
(I) Great Duck Island Light.
(J) Goose Rocks Light.
(K) Isle au Haut Light.
(L) Goat Island Light.
(M) Wood Island Light.
(N) Doubling Point Light.
(O) Doubling Point Front Range Light.
(P) Doubling Point Rear Range Light.
(Q) Little River Light.
(R) Spring Point Ledge Light.
(S) Ram Island Light (Boothbay).
(T) Seguin Island Light.
(U) Marshall Point Light.
(V) Fort Point Light.
(W) West Quoddy Head Light.
(X) Brown's Head Light.
(Y) Cape Neddick Light.
(Z) Halfway Rock Light.
(AA) Ram Island Ledge Light.
(BB) Mount Desert Rock Light.
(CC) Whitlock's Mill Light.
(3) Limitation on conveyance.--The Secretary shall retain
all right, title, and interest of the United States in and to
any historical artifact, including any lens or lantern, that is
associated with the lighthouses conveyed under this subsection,
whether located at the lighthouse or elsewhere. The Secretary
shall identify any equipment, system, or object covered by this
paragraph.
(4) Deadline for conveyance.--The conveyances authorized by
this subsection shall take place, if at all, not later than 5
years after the date of the enactment of this Act.
(5) Additional conveyances to united states fish and
wildlife service.--The Secretary may transfer, in accordance
with the terms and conditions of subsection (b), the following
lighthouses, together with any real property and improvements
associated therewith, directly to the United States Fish and
Wildlife Service:
(A) Two Bush Island Light.
(B) Egg Rock Light.
(C) Libby Island Light.
(D) Matinicus Rock Light.
(b) Conditions of Conveyance.--The conveyance of a lighthouse, and
any real property and improvements associated therewith, under
subsection (a) shall be subject to the following conditions:
(1) That the lighthouse and any such property and
improvements be used for educational, historic, recreational,
cultural, and wildlife conservation programs for the general
public and for such other uses as the Secretary determines to
be not inconsistent or incompatible with such uses.
(2) That the lighthouse and any such property and
improvements be maintained at no cost to the United States in a
manner that ensures the use of the lighthouse by the Coast
Guard as an aid to navigation.
(3) That the use of the lighthouse and any such property
and improvements by the Coast Guard as an aid to navigation not
be interfered with, except with the written permission of the
Secretary.
(4) That the lighthouse and any such property and
improvements be maintained in a manner consistent with the
provisions of the National Historic Preservation Act (16 U.S.C.
470 et seq.).
(5) That public access to the lighthouse and any such
property and improvements be ensured.
(c) Reservations.--In the conveyance of a lighthouse under
subsection (a)(1), the Secretary shall reserve to the United States the
following:
(1) The right to enter the lighthouse, and any real
property and improvements conveyed therewith, at any time,
without notice, for purposes of maintaining any aid to
navigation at the lighthouse, including any light, antennae,
sound signal, and associated equipment located at the
lighthouse, and any electronic navigation equipment or system
located at the lighthouse.
(2) The right to enter the lighthouse and any such property
and improvements at any time, without notice, for purposes of
relocating, replacing, or improving any such aid to navigation,
or to carry out any other activity necessary in aid of
navigation.
(3) An easement of ingress and egress onto the real
property conveyed for the purposes referred to in paragraphs
(1) and (2).
(4) An easement over such portion of such property as the
Secretary considers appropriate in order to ensure the
visibility of the lighthouse for navigation purposes.
(5) The right to obtain and remove any historical artifact,
including any lens or lantern that the Secretary has identified
pursuant to paragraph (3) of subsection (a).
(d) Maintenance of Aids to Navigation.--The Secretary may not
impose upon the Institute, or upon any entity to which the Institute
conveys a lighthouse under subsection (g), an obligation to maintain
any aid to navigation at a lighthouse conveyed under subsection (a)(1).
(e) Reversionary Interest.--All right, title, and interest in and
to a lighthouse and any real property and improvements associated
therewith that is conveyed to the Institute under subsection (a)(1)
shall revert to the United States and the United States shall have the
right of immediate entry thereon if--
(1) the Secretary determines at any time that the
lighthouse, and any property and improvements associated
therewith, is not being utilized or maintained in accordance
with subsection (b); or
(2) the Secretary determines that--
(A) the Institute is unable to identify an entity
eligible for the conveyance of the lighthouse under
subsection (g) within the 3-year period beginning on
the date of the conveyance of the lighthouse to the
Institute under subsection (a)(1); or
(B) in the event that the Institute identifies an
entity eligible for the conveyance within that period--
(i) the entity is unable or unwilling to
accept the conveyance and the Institute is
unable to identify another entity eligible for
the conveyance within that period; or
(ii) the committee established under
subsection (g)(3)(A) disapproves of the entity
identified by the Institute and the Institute
is unable to identify another entity eligible
for the conveyance within that period.
(f) Inspection.--The State Historic Preservation Officer of the
State of Maine may inspect any lighthouse, and any real property and
improvements associated therewith, that is conveyed under this section
at any time, without notice, for purposes of ensuring that the
lighthouse is being maintained in the manner required under subsections
(b)(4) and (b)(5). The United States Fish and Wildlife Service, the
Institute, and any subsequent conveyee of the Institute under
subsection (g), shall cooperate with the official referred to in the
preceding sentence in the inspections of that official under this
subsection.
(g) Subsequent Conveyance.--
(1) Requirement.--
(A) In general.--Except as provided in subparagraph
(B), the Institute shall convey, without consideration,
all right, title, and interest of the Institute in and
to the lighthouses conveyed to the Institute under
subsection (a)(1), together with any real property and
improvements associated therewith, to one or more
entities identified under paragraph (2) and approved by
the committee established under paragraph (3) in
accordance with the provisions of such paragraph (3).
(B) Exception.--The Institute, with the concurrence
of the committee and in accordance with the terms and
conditions of subsection (b), may retain right, title,
and interest in and to the following lighthouses
conveyed to the Institute:
(i) Whitehead Island Light.
(ii) Deer Island Thorofare (Mark Island)
Light.
(2) Identification of eligible entities.--
(A) In general.--Subject to subparagraph (B), the
Institute shall identify entities eligible for the
conveyance of a lighthouse under this subsection. Such
entities shall include any department or agency of the
Federal Government, any department or agency of the
Government of the State of Maine, any local government
in that State, or any nonprofit corporation,
educational agency, or community development
organization that--
(i) is financially able to maintain the
lighthouse (and any real property and
improvements conveyed therewith) in accordance
with the conditions set forth in subsection
(b);
(ii) agrees to permit the inspections
referred to in subsection (f); and
(iii) agrees to comply with the conditions
set forth in subsection (b) and to have such
conditions recorded with the deed of title to
the lighthouse and any real property and
improvements that may be conveyed therewith.
(B) Order of priority.--In identifying entities
eligible for the conveyance of a lighthouse under this
paragraph, the Institute shall give priority to
entities in the following order, which are also the
exclusive entities eligible for the conveyance of a
lighthouse under this section:
(i) Agencies of the Federal Government.
(ii) Entities of the Government of the
State of Maine.
(iii) Entities of local governments in the
State of Maine.
(iv) Nonprofit corporations, educational
agencies, and community development
organizations.
(3) Selection of conveyees among eligible entities.--
(A) Committee.--
(i) In general.--There is hereby
established a committee to be known as the
Maine Lighthouse Selection Committee (in this
paragraph referred to as the ``Committee'').
(ii) Membership.--The Committee shall
consist of five members appointed by the
Secretary as follows:
(I) One member, who shall serve as
the Chairman of the Committee, shall be
appointed from among individuals
recommended by the Governor of the
State of Maine.
(II) One member shall be the State
Historic Preservation Officer of the
State of Maine, with the consent of
that official, or a designee of that
official.
(III) One member shall be appointed
from among individuals recommended by
State and local organizations in the
State of Maine that are concerned with
lighthouse preservation or maritime
heritage matters.
(IV) One member shall be appointed
from among individuals recommended by
officials of local governments of the
municipalities in which the lighthouses
referred to in subsection (a) are
located.
(V) One member shall be appointed
from among individuals recommended by
the Secretary of the Interior.
(iii) Appointment deadline.--The Secretary
shall appoint the members of the Committee not
later than 180 days after the date of the
enactment of this Act.
(iv) Membership term.--
(I) Members of the Committee shall
serve for such terms not longer than 3
years as the Secretary shall provide.
The Secretary may stagger the terms of
initial members of the Committee in
order to ensure continuous activity by
the Committee.
(II) Any member of the Committee
may serve after the expiration of the
term of the member until a successor to
the member is appointed. A vacancy in
the Committee shall be filled in the
same manner in which the original
appointment was made.
(v) Voting.--The Committee shall act by an
affirmative vote of a majority of the members
of the Committee.
(B) Responsibilities.--
(i) In general.--The Committee shall--
(I) review the entities identified
by the Institute under paragraph (2) as
entities eligible for the conveyance of
a lighthouse; and
(II) approve one such entity, or
disapprove all such entities, as
entities to which the Institute may
make the conveyance of the lighthouse
under this subsection.
(ii) Approval.--If the Committee approves
an entity for the conveyance of a lighthouse,
the Committee shall notify the Institute of
such approval.
(iii) Disapproval.--If the Committee
disapproves of the entities, the Committee
shall notify the Institute and, subject to
subsection (e)(2)(B), the Institute shall
identify other entities eligible for the
conveyance of the lighthouse under paragraph
(2). The Committee shall review and approve or
disapprove of entities identified pursuant to
the preceding sentence in accordance with this
subparagraph.
(C) Exemption from faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Committee, however, all meetings of the Committee shall
be open to the public and preceded by appropriate
public notice.
(D) Termination.--The Committee shall terminate 8
years from the date of the enactment of this Act.
(4) Conveyance.--Upon notification under paragraph
(3)(B)(ii) of the approval of an entity for the conveyance of a
lighthouse under this subsection, the Institute shall, with the
consent of the entity, convey the lighthouse to the entity.
(5) Responsibilities of conveyees.--Each entity to which
the Institute conveys a lighthouse under this subsection, or
any successor or assign of such entity in perpetuity, shall--
(A) use and maintain the lighthouse in accordance
with subsection (b) and have such terms and conditions
recorded with the deed of title to the lighthouse and
any real property conveyed therewith; and
(B) permit the inspections referred to in
subsection (f).
(h) Description of Property.--The exact acreage and legal
description of any lighthouse, and any real property and improvements
associated therewith, conveyed under subsection (a) shall be determined
by the Secretary.
(i) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the next 7 years, the
Secretary shall submit to Congress a report on the conveyance of
lighthouses under this section. The report shall include a description
of the implementation of the provisions of this section, and the
requirements arising under such provisions, in--
(1) providing for the use and maintenance of the
lighthouses conveyed under this section in accordance with
subsection (b);
(2) providing for public access to such lighthouses; and
(3) achieving the conveyance of lighthouses to appropriate
entities under subsection (g).
(j) Additional Terms and Conditions.--The Secretary may require any
additional terms and conditions in connection with a conveyance under
subsection (a) that the Secretary considers appropriate in order to
protect the interests of the United States. | Authorizes the Secretary of Transportation to convey all right (except specified easements and related rights), title, and interest, without consideration, in certain lighthouses located in the State of Maine to the Island Institute, Rockland, Maine. Requires the Institute to subsequently convey all but two of the lighthouses, without consideration, to specified eligible Federal, State and local governments, as well as nonprofit corporations, educational agencies, and community development organizations.
Establishes the Maine Lighthouse Selection Committee, which shall either approve or disapprove an entity for the conveyance of a lighthouse from the Institute.
Authorizes the Secretary to transfer specified lighthouses to the United States Fish and Wildlife Service. | A bill to provide for the conveyance of certain lighthouses located in the State of Maine. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Review Act of 2011''.
SEC. 2. IN GENERAL.
(a) Chapter 5 of title 5, United States Code, is amended by
inserting after section 553 the following:
``Sec. 553a. Periodic review of major rules
``(a) Identification of Major Rules.--On the date that is 6 months
prior to the date that is 10 years after the date on which a rule takes
effect, the Administrator of the Office of Information and Regulatory
Affairs in the Office of Management and Budget shall submit to the
agency that made that rule and to the Congress a determination as to
whether or not that rule is a major rule.
``(b) Review by Agency.--If an agency receives a determination
under subsection (a) that a rule is a major rule, the agency head
shall, not later than 10 years after the date on which the rule takes
effect and every 10 years thereafter, complete a review of that rule
consistent with the following:
``(1) The review shall identify the costs and benefits of
the rule.
``(2) The review shall identify each amendment to the rule
that would accomplish the same statutory objectives but result
in different costs and benefits.
``(3) The review shall identify the costs and benefits of
repealing the rule.
``(c) Publication of Review.--Not later than 30 days after the date
that is 10 years after the date on which the rule takes effect, the
agency shall publish in the Federal Register and submit to Congress a
report summarizing the results of the review under subsection (b),
including information on each set of costs and benefits identified
pursuant to paragraphs (1) through (3) of subsection (b).
``(d) Comment Phase.--During the 90-day period beginning on the
date that the report under subsection (c) is published, the agency
shall give interested persons an opportunity to submit a comment on the
review through submission of written data, views, or arguments with or
without opportunity for oral presentation.
``(e) Final Determination on the Rule.--After consideration of the
relevant matter presented, the agency shall make a final determination
on whether the rule should be amended, continue in effect without
amendment, or be repealed, and not later than 30 days after the period
described in subsection (d) expires, publish that final determination
in the Federal Register. That final determination shall be made as to
whether there is a way to accomplish the objectives of the rule in a
more effective, less burdensome, or less costly manner.
``(f) Review by the Administrator.--Each final determination by an
agency under subsection (e) shall be reviewed by the Administrator not
later than 30 days after the agency publishes that determination. If
the Administrator determines that the agency determination with regard
to that rule does not result in an outcome that accomplishes the
objectives of the rule in a more effective, less burdensome, or less
costly manner, then the Administrator shall notify the agency promptly
and the Director of the Office of Management and Budget shall make a
determination as to whether the agency determination should be revised.
``(g) Repealed Rules; Amended Rules.--
``(1) Repealed rules.--If the agency determines that the
rule should be repealed, the agency may establish a transition
period of not more than 6 months for the repeal of the rule.
The rule shall cease to have effect beginning on the date that
the transition period ends.
``(2) Amended rules.--If the agency determines that the
rule should be amended, the agency shall, not later than 3
months after such determination is made, commence appropriate
action in accordance with this chapter to make such amendment.
``(h) Judicial Review.--Notwithstanding any other provision of law,
each determination by an agency under this section shall be subject to
judicial review under chapter 7.
``(i) Report to Congress.--Not later than 30 days after the
publication a final determination under subsection (e), the agency
shall submit to Congress a report detailing that determination.
``(j) Definitions.--For purposes of this section:
``(1) The term `cost' means, with respect to a rule, the
cost of that rule, including direct, indirect, and cumulative
costs and estimated impacts on jobs, economic growth,
innovation, and economic competitiveness, to each person who is
significantly affected by the rule.
``(2) The term `benefit' means, with respect to a rule, the
benefit of that rule, including direct, indirect, and
cumulative benefits and estimated impacts on jobs, economic
growth, innovation, and economic competitiveness, to each
person who is significantly affected by the rule.
``(k) Application.--The provisions of this section shall apply only
to rules that take effect during the period beginning on January 1,
2011.''.
(b) Section 551 of title 5, United States Code, is amended as
follows:
(1) In paragraph (13), by striking ``and'' at the end.
(2) In paragraph (14), by striking the period at the end
and inserting ``; and''.
(3) By adding at the end the following:
``(15) `major rule' has the meaning given such term in
section 804.''.
(c) The table of sections for chapter 5 of title 5, United States
Code, is amended by inserting after the entry relating to section 553
the following:
``553a. Periodic review of major rules.''. | Regulatory Review Act of 2011 - Requires the head of each federal agency to conduct a periodic review (every 10 years) of any rule issued by such agency that is determined to be a major rule and that takes effect during the period beginning on January 1, 2011, to identify: (1) the costs and benefits of such rule, (2) each amendment to such rule that would accomplish the same statutory objectives but result in different costs and benefits, and (3) the costs and benefits of repealing the rule. Requires the agency to publish the results of such review, submit a summary of the results to Congress, and make a final determination on whether the rule should be amended, continued in effect, or repealed, after providing an opportunity for comment by interested persons.
Defines "major rule" as a rule that has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets. | To amend title 5, United States Code, to provide for periodic review of major rules, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Opportunities Between our Shores
Act'' or the ``JOBS Act''.
SEC. 2. PILOT PROGRAM TO SUPPORT ADVANCED MANUFACTURING WORKFORCE
DEVELOPMENT.
Section 169 of the Workforce Innovation and Opportunity Act is
amended by adding at the end the following:
``(d) Advanced Manufacturing Workforce Development Program.--
``(1) In general.--Under a plan published under subsection
(b), the Secretary shall, through grants or contracts, carry
out demonstration and pilot projects for the purpose of
facilitating education and training programs in the field of
advanced manufacturing. Such projects shall--
``(A) target skills and competency development in
communities with expected growth in advanced
manufacturing;
``(B) provide education and training for available
jobs or job openings that are anticipated in advanced
manufacturing which result in an industry-recognized
and nationally portable credential, including an
educational certificate or degree, an occupational
license, an industry-sponsored certificate or
certification, as well as a registered apprenticeship
certificate or degree;
``(C) educate individuals about opportunities for
career advancement within advanced manufacturing; and
``(D) give priority to incumbent workers,
dislocated workers, and unemployed individuals.
``(2) Eligible entities.--
``(A) In general.--The following entities in any of
the several States or territories, in partnership with
a manufacturer who employs individuals with advanced
manufacturing skills, shall be eligible to receive a
grant or be party to a contract under a project
established under paragraph (1):
``(i) An individual community or technical
college, such as a public community college, a
nonprofit community college, a tribally
controlled college, or a tribally controlled
university.
``(ii) A community college district.
``(iii) A State community college system.
``(iv) A local workforce investment board,
in partnership with one or more one-stop career
centers, that specifies one or more community
or technical colleges where education and
training activities will occur.
``(v) Other entity that would serve
educationally underserved communities.
``(B) Priority.--The Secretary shall give priority
to any consortia of the entities described in
subparagraph (A) that leverage substantial non-Federal
funding for the program.
``(3) Application.--Applications from eligible entities
described in paragraph (2) shall be submitted at such time and
in such form and manner as the Secretary shall determine, but
shall include the following:
``(A) A description of the eligible entity or
entities, evidence of each eligible entity's capacity
to carry out activities in support of the strategic
objectives described in paragraph (1), a description of
the expected participation and responsibilities of the
eligible entity, or each of the eligible entities in
the case of a consortium.
``(B) A description of education and training
activities to be provided that will--
``(i) develop skills and competencies
demanded by advanced manufacturing firms;
``(ii) lead to an employer- or industry-
recognized credential; and
``(iii) educate individuals about
opportunities for career advancement and wage
growth within advanced manufacturing.
``(C) A description of how the economy where the
entity resides would benefit, including--
``(i) evidence of the growth of advanced
manufacturing in State or locality;
``(ii) the potential for additional job
growth with investments in advanced
manufacturing; and
``(iii) exposure of incumbent or dislocated
workers to new advanced manufacturing
technology skill sets.
``(D) A description of how the eligible entity
would employ evidence-based training models that
integrate academic instruction with training, including
on-the-job training in advanced manufacturing to meet
performance goals described in paragraph (6).
``(E) A description of how the eligible entity will
coordinate with State or local workforce investment
boards and State or local economic development
officials.
``(4) Activities.--Activities to be carried out under a
project funded under paragraph (1) may include--
``(A) classroom and on-site experiential learning;
``(B) on-the-job training;
``(C) training which fits into an industry-
recognized competency model for advanced manufacturing;
``(D) development and implementation of registered
apprenticeship and pre-apprenticeship programs;
``(E) coordination with local workforce investment
boards implementing and utilizing existing articulation
agreements with universities and other educational
partners;
``(F) distance learning; and
``(G) any other activity the Secretary considers
appropriate for training in advanced manufacturing.
``(5) Performance goals and measures.--
``(A) Goals.--The goals of the activities described
in paragraph (4) shall be to--
``(i) enhance the skill-sets of incumbent
workers who live in communities with expected
growth in advanced manufacturing, and for such
workers to obtain an industry-recognized and
nationally portable credential including an
educational certificate or degree;
``(ii) develop competencies for individuals
with limited experience in advanced
manufacturing;
``(iii) strengthen community college
partnerships with advanced manufacturing firms
in an effort to meet firms' needs for
adaptability in training of incumbent workers;
``(iv) strengthen partnerships with local
workforce investment boards and, if applicable,
local education agencies; and
``(v) help incumbent workers develop skills
which lead to greater earnings.
``(B) Measures.--The Secretary shall negotiate and
reach agreement with the eligible entities that receive
grants and assistance under this subsection on
performance measures that will be used to evaluate the
performance of the eligible entity in carrying out the
activities described in paragraph (4). Each performance
measure shall consist of such an indicator of
performance and may include--
``(i) the number of workers, including
dislocated workers and unemployed individuals,
receiving employer- or industry-recognized
credentials;
``(ii) the number of workers, including
dislocated workers and unemployed individuals,
attaining basic skills, as described in an
industry-recognized and nationally portable
competency model for advanced manufacturing;
``(iii) the number of incumbent workers
whose training meets employer's worker-skill
needs to enhance operations;
``(iv) earnings growth as a result of
additional training provided through
partnership; and
``(v) other measures the Secretary
determines necessary to meet goals described in
subparagraph (A).
``(6) Evaluation.--Beginning not later than 1 year after
the date of the first disbursement of funds under this
subsection, the Secretary shall provide for the continuing
evaluation of the programs funded under this subsection, as
required by section 172, and shall transmit a report of the
evaluation to Congress not later than 2 years after such
date.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if enacted as
part of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.). | Job Opportunities Between our Shores Act or the JOBS Act Amends the Workforce Innovation and Opportunity Act to direct the Secretary of Labor to make grants to or enter into contracts with eligible entities to carry out demonstration and pilot projects that provide education and training programs for jobs in advanced manufacturing. Prescribes requirements for project activities and performance goals and measures. | JOBS Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Tribal Mining Reclamation
Fairness Act of 2002''.
SEC. 2. INCREASED INCENTIVES FOR STATES TO ACHIEVE COAL MINING
RECLAMATION PRIORITIES.
(a) In General.--Section 411 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1240a) is amended by redesignating
subsections (c) through (g) in order as subsections (d) through (h),
and inserting after subsection (b) the following:
``(c) Incentives for Certification.--
``(1) In general.--Effective beginning on the date on which
this subsection applies to a State or Indian tribe under
paragraph (2)--
``(A) the Secretary shall pay to the State or
tribe, without further Act of appropriation, the
allocated but unappropriated reclamation fee balance of
the State or tribe, respectively;
``(B) the amount of the reclamation fee required to
be paid under section 402(a) with respect to coal mined
in the State or on lands over which that tribe has
jurisdiction, respectively, shall be \1/2\ of the
amount that would otherwise apply under that section;
and
``(C) the State or tribe, respectively, shall not
be eligible for any subsequent allocation under section
402(g)(1).
``(2) Date of application.--Paragraph (1) shall apply to a
State or Indian tribe effective on the earlier of--
``(A) the date of the enactment of the State and
Tribal Mining Reclamation Fairness Act of 2002, in the
case of a State or tribe with respect to which the
Secretary concurred in a State or tribal certification
under subsection (a) before that date;
``(B) the date on which the Secretary concurs in a
certification by the State or tribe under subsection
(a); or
``(C) December 31, 2014.
``(3) Use of payment.--A State or Indian tribe shall use
any payment under paragraph (1)(A) to make grants to achieve
any of the priorities set forth in section 403(a) or subsection
(d) of this subsection that remain unmet in the State or on
lands under the jurisdiction of the tribe, respectively. Such
grants shall be subject to requirements and restrictions that
are substantially similar to the requirements and restrictions
that apply with respect to grants by the Secretary under
section 402(g)(1).
``(4) Allocated but unappropriated reclamation fee
defined.--In this subsection, the term `allocated but
unappropriated reclamation fee' means, with respect to a State
or Indian tribe, the difference determined by subtracting--
``(A) the total amount of funds the State or tribe
has been allocated annually under section 402(g)(1);
from
``(B) the total amount of appropriated funds that
has been provided to the State or tribe as grants under
section 402(g)(1).''.
(b) Conforming Amendments.--
(1) Section 411 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1241) is further amended--
(A) in subsection (f) (as redesignated by
subsection (a) of this section) by striking
``subsection (c)'' and inserting ``subsection (d)'';
(B) in subsection (g) (as so redesignated) by
striking ``subsection (e)'' and inserting ``subsection
(f)''; and
(C) in subsection (h) (as so redesignated) by
striking ``through (e)'' and inserting ``through (f)''.
(2) Section 402(a) of such Act (30 U.S.C. 1232(a)) is
amended--
(A) by striking ``All operators'' and inserting
``Subject to section 411(c)(1)(B), all operators''; and
(B) by inserting ``before December 31, 2014,''
after ``produced'' each place it appears.
(3) Section 402(g)(1) of such Act (30 U.S.C. 1232(g)(1)) is
amended in the matter preceding subparagraph (A) by inserting
``of this section and section 411(c)(1)(C)'' after ``Except as
provided in subsection (h)''.
SEC. 3. AVAILABILITY OF RECLAMATION FEES ALLOCATED TO STATE AND TRIBES.
Section 401(d) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1231(d)) is amended--
(1) by striking ``Moneys'' and inserting ``Availability.--
(1) Except as provided in paragraph (2), moneys''; and
(2) by adding at the end the following:
``(2) There shall be available, without further Act of
appropriation--
``(A) amounts collected after the date of enactment of the
State and Tribal Mining Reclamation Fairness Act of 2002 that
are allocated under subsection (g)(1); and
``(B) amounts required to be paid under section
411(c)(1)(A).''. | State and Tribal Mining Reclamation Fairness Act of 2002 - Amends the Surface Mining Control and Reclamation Act of 1977 to increase the incentives for States and Indian tribes to achieve coal mining reclamation priorities by requiring the Secretary of the Interior to pay to the States or tribes, without further Act of appropriation, their allocated but unappropriated reclamation fee balance. Makes the mandated reclamation fee 1/2 of the amount that would otherwise apply and such entities, respectively, ineligible for any subsequent allocation.Allows a State or Indian tribe to use such payment to make grants to achieve any of the priorities in the Act's purview that remain unmet in the State or on the lands under the tribe's jurisdiction. | To amend the Surface Mining Control and Reclamation Act of 1977 to increase the incentives for States and Indian tribes to achieve reclamation priorities under that Act with respect to coal mining, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Construction Safety, Health, and
Education Improvement Act of 1997''.
SEC. 2. OFFICE OF CONSTRUCTION SAFETY, HEALTH, AND EDUCATION.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) is amended--
(1) by striking sections 30, 31, and 34;
(2) by redesignating sections 32 through 33 as sections 34
and 35, respectively; and
(3) by inserting after section 29 the following:
``SEC. 30. OFFICE OF CONSTRUCTION SAFETY, HEALTH, AND EDUCATION.
``(a) Establishment.--There is established in the Occupational
Safety and Health Administration an Office of Construction Safety,
Health, and Education (hereinafter in this section referred to as the
`Office') to ensure safe and healthful working conditions in the
performance of construction work.
``(b) Duties.--The Secretary shall--
``(1) identify construction employers that have high
fatality rates or high lost workday injury or illness rates or
who have demonstrated a pattern of noncompliance with safety
and health standards, rules, and regulations;
``(2) develop a system for notification of employers
identified under paragraph (1);
``(3) establish training courses and curriculum for the
training of inspectors and other persons with duties related to
construction safety and health who are employed by the
Occupational Safety and Health Administration;
``(4) establish model compliance programs for construction
safety and health standards and assist employers, employees,
and organizations representing employers and employees in
establishing training programs appropriate to such standards;
and
``(5) establish a toll-free line on which reports,
complaints, and notifications required under this Act may be
made.''.
SEC. 3. CONSTRUCTION SAFETY AND HEALTH PLANS AND PROGRAMS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) (as amended by section 2) is further amended by adding after
section 30 the following:
``SEC. 31. CONSTRUCTION SAFETY AND HEALTH PLANS AND PROGRAMS.
``(a) Project Constructor.--The Secretary shall, by regulation,
require each construction project to have an individual or entity
(hereinafter referred to as the `project constructor') that is
responsible for the establishment of the safety and health plan (as
described in subsection (b)) for such project and for ensuring that the
plan is carried out. Such regulations shall require that--
``(1) if only one general or prime contractor exists on a
construction project, such contractor shall be the project
constructor, unless such contractor designates another entity
with such entity's consent to be the project constructor; and
``(2) if a construction project has more than one general
or prime contractor, the construction owner shall be the
project constructor unless such construction owner designates
another entity with such entity's consent to be the project
constructor.
``(b) Construction Safety and Health Plan.--
``(1) In general.--The Secretary shall, by regulation,
require that the project constructor for a construction project
develop and implement a written construction safety and health
plan for the construction project (hereinafter in this section
referred to as the `plan') to protect employees against hazards
which may occur at such project.
``(2) Plan elements.--The plan shall--
``(A) include a hazard analysis and construction
process protocol which shall apply to each worksite of
the project;
``(B) include assurance that each construction
employer on the project has a safety and health program
which complies and is coordinated with the plan and the
requirements of subsection (c);
``(C) provide for regular inspections of the
worksite to monitor the implementation of the plan;
``(D) include a method for notifying affected
construction employers of any hazardous conditions at a
construction worksite or of noncompliance by an
employer with the project safety and health plan;
``(E) include a method for responding to the
request of any construction employer, employee, or
employee representative, for an inspection of a
construction worksite to determine if an imminent
danger exists and to stop work at, or remove affected
employees from, an area in which such a danger exists;
``(F) provide assurance that a competent person is
on site at all times to oversee the implementation of
the safety plan and coordinate activities among
employers; and
``(G) provide assurance that the plan will be
reviewed and modified as the project addresses new
safety concerns.
``(3) Availability.--Copies of the plan shall be made
available to each construction employer prior to commencement
of construction work by that employer.
``(c) Application.--
``(1) In general.--The Secretary, by regulation, may modify
the requirements of this section, or portions thereof, as such
requirements apply to certain types of construction work or
operations where the Secretary determines that, in light of the
nature of the risks faced by employees engaged in such work or
operation, such a modification would not reduce the employees'
safety and health protection. In making such modification, the
Secretary shall take into account the risk of death or serious
injury or illness, and the frequency of fatalities and the lost
work day injury rate attendant to such work or operations.
``(2) Emergency work.--If it is necessary to perform
construction work on a worksite immediately in order to prevent
injury to persons, or substantial damage to property, and such
work must be conducted before compliance with the requirements
of the regulations under subsections (a) and (b) can be made,
the Secretary shall be given notice as soon as practicable of
such work. Compliance with such requirements shall then be made
as soon as practicable thereafter.''.
SEC. 4. STATE CONSTRUCTION SAFETY AND HEALTH PLANS.
Section 18 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 667) is amended by adding at the end the following:
``(i) Any State plan that covers construction safety and health
shall contain requirements which, and the enforcement of which, are,
and will be, at least as effective, in providing safe and healthful
employment and places of employment in the construction industry as the
requirements contained in subsection (c), and the requirements imposed
by, and enforced under, this Act and section 107 of the Contract Work
Hours Standards Act (40 U.S.C. 333), including requirements relating to
construction safety and health plans.''.
SEC. 5. ENFORCEMENT.
(a) Citations.--Section 9(a) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 658(a)) is amended by inserting ``, 8, or 31''
after ``section 5''.
(b) Project Constructors.--Section 9 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 658) is amended by adding at the end the
following:
``(e) For purposes of this section and sections 8, 10, 11, and 17 a
project constructor shall be considered an employer.''.
SEC. 6. REPORTS TO CONGRESS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) (as amended by section 3) is further amended by adding after
section 31 the following:
``SEC. 32. REPORTS TO CONGRESS.
``The Secretary shall include in the annual report submitted to the
President under section 26 additional information on the construction
industry as such information relates to the general subjects described
in section 26, including the operation of the Office of Construction
Safety, Health, and Education.
SEC. 7. FEDERAL CONSTRUCTION CONTRACTS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) (as amended by section 6) is further amended by adding after
section 32 the following:
``SEC. 33. FEDERAL CONSTRUCTION CONTRACTS.
``Not later than 90 days after the date of the enactment of this
section, the Secretary shall deliver to the Committee on Education and
the Workforce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate recommendations regarding
legislative changes required to make the safety records (including
records of compliance with Federal safety and health laws and
regulations) of persons bidding for contracts subject to section 107 of
the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) a
criterion to be considered in the awarding of such contracts.''.
SEC. 8. DEFINITIONS.
Section 3 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652) is amended by adding at the end thereof the following:
``(15) For purposes of sections 30 and 31, the following
terms shall have the following meanings:
``(A) The term `construction employer' means an
employer as defined in paragraph (5) (including an
employer who has no employees) who is engaged primarily
in the building and construction industry or who
performs construction work under a contract with a
construction owner, except that a utility providing or
receiving mutual assistance in the case of a natural or
man-made disaster shall not be considered a
construction employer.
``(B) The term `construction owner' means a person
who owns, leases or has effective control over property
with or without improvements, a structure, or other
improvement on real property on which construction work
is being, or will be, performed.
``(C) The term `construction project' means all
construction work by one or more construction employers
which is performed for a construction owner and which
is described in work orders, permits, requisitions,
agreements, and other project documents.
``(D) The term `construction work' means work for
construction, alteration, demolition, or repair, or any
combination thereof, including painting and decorating,
but does not include work performed under a contract
between a construction employer and a homeowner for
work on the homeowner's own residence, or routine
maintenance and upkeep performed at least monthly, and
such term shall include work performed under a contract
between a construction employer and an agency of the
United States or any State or political subdivision of
a State.
``(E) The term `construction worksite' means a site
within a construction project where construction work
is performed by one or more construction employers.''.
SEC. 9. RELATIONSHIP TO EXISTING LAW AND REGULATIONS.
(a) In General.--Nothing contained in the amendments made by this
Act or the regulations issued to carry out the amendments shall limit
the application of, or lessen, any of the requirements of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the
Contract Work Hours Standards Act (40 U.S.C. 327 et seq.), or the
standards or regulations issued by the Secretary of Labor to carry out
either such Act.
(b) Project Constructors.--The presence and duties of a project
constructor or a project safety coordinator on a project shall not in
any way diminish the responsibilities of construction employers under
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)
for the safety and health of their employees. | Construction Safety, Health, and Education Improvement Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (the Act) to set forth construction safety requirements.
Establishes in the Occupational Safety and Health Administration (OSHA) an Office of Construction Safety, Health, and Education.
Directs the Secretary of Labor to: (1) identify construction employers that have high fatality rates or high lost workday injury or illness rates or who have demonstrated a pattern of noncompliance with safety and health standards, rules, and regulations; (2) develop a system for notification of such employers; (3) establish training courses and curriculum for the training of inspectors and other persons employed by OSHA who have duties related to construction safety and health; (4) establish model compliance programs for construction safety and health standards and assist employers, employees, and organizations representing employers and employees in establishing training programs appropriate to such standards; and (5) establish a toll-free line on which reports, complaints, and notifications required under the Act may be made.
Establishes requirements for construction safety and health plans and programs. Requires each construction project to have an individual or entity (project constructor) that is responsible for the establishment of the safety and health plan for such project, and for ensuring that the plan is carried out.
Requires any State plan that covers construction safety and health to contain requirements and enforcement provisions at least as effective as those under specified provisions of the Act and the Contract Work Hours Standards Act.
Directs the Secretary to: (1) include additional information on the construction industry and the operation of the Office in an annual report to the President; and (2) deliver to specified congressional committees recommendations for legislative changes required to make bidders' safety records a criterion to be considered in the awarding of Federal construction contracts. | Construction Safety, Health, and Education Improvement Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EnergySmart Transport Corridors Act
of 2009''.
SEC. 2. ENERGYSMART TRANSPORT CORRIDORS PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Interstate system.--The term ``Interstate System'' has
the meaning given the term in section 101(a) of title 23,
United States Code.
(3) Program.--The term ``Program'' means the EnergySmart
Transport Corridor program established under subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall establish an EnergySmart Transport Corridor
program in accordance with this section.
(c) Requirements.--In carrying out the Program, the Secretary shall
coordinate the planning and deployment of measures that will increase
the energy efficiency of the Interstate System and reduce the emission
of greenhouse gases and other environmental pollutants, including by--
(1) increasing the availability and standardization of
anti-idling equipment;
(2) increasing the availability of alternative, low-carbon
transportation fuels;
(3) coordinating and adjusting vehicle weight limits for
both existing and future highways on the Interstate System;
(4) coordinating and expanding intermodal shipment
capabilities;
(5) coordinating and adjusting time of service
restrictions; and
(6) planning and identifying future construction within the
Interstate System.
(d) Designation of Corridors.--
(1) In general.--The Secretary, in consultation with the
Administrator and with the concurrence of the Governors of the
States in which EnergySmart transport corridors are to be
located, and in consultation with the appropriate advisory
committees established under paragraph (3), shall designate
EnergySmart transport corridors in accordance with the
requirements described in subsection (c).
(2) Intermodal facilities and other surface transportation
modes.--In designating EnergySmart transport corridors, the
Secretary may include--
(A) intermodal passenger and freight transfer
facilities, particularly those that use measures to
significantly increase the energy efficiency of the
Interstate System and reduce greenhouse gas emissions
and other environmental pollutants; and
(B) other surface transportation modes.
(3) Advisory committees.--
(A) In general.--The Secretary, in consultation
with the Governors of the States in which EnergySmart
transport corridors are to be located, may establish
advisory committees to assist in the designation of
individual EnergySmart transport corridors.
(B) Membership.--The advisory committees
established under this paragraph shall include
representatives of interests affected by the
designation of EnergySmart transport corridors,
including--
(i) freight and trucking companies;
(ii) vehicle and vehicle equipment
manufacturers and retailers;
(iii) independent owners and operators;
(iv) conventional and alternative fuel
providers; and
(v) local transportation, planning, and
energy agencies.
(e) Priority.--In allocating funds for Federal highway programs,
the Secretary shall give special consideration and priority to projects
and programs that enable deployment and operation of EnergySmart
transport corridors.
(f) Grants.--In carrying out the Program, the Secretary may provide
grants to States to assist in the planning, designation, development,
and maintenance of EnergySmart transport corridors.
(g) Annual Report.--Each fiscal year, the Secretary shall submit to
the appropriate committees of Congress a report describing activities
carried out under the Program during the preceding fiscal year.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2010 through 2015.
SEC. 3. REDUCTION OF ENGINE IDLING.
Section 756(b)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16104(b)(4)(B)) is amended by striking ``for fiscal year 2008'' each
place it appears in clauses (i) and (ii) and inserting ``for each of
fiscal years 2008 through 2015''. | EnergySmart Transport Corridors Act of 2009 - Directs the Secretary of Transportation (DOT) to: (1) establish an EnergySmart Transport Corridor program; and (2) coordinate the planning and deployment of measures, as well as designate EnergySmart transport corridors, to increase the energy efficiency of the Interstate System and reduce the emission of greenhouse gases and other environmental pollutants. Authorizes the Secretary to make grants to states to assist in the development of corridors.
Amends the Energy Policy Act of 2005 to authorize appropriations through FY2015 for the Idle Reduction and Energy Conservation Deployment Program. | A bill to establish EnergySmart transport corridors to promote the planning and development of measures that will increase the energy efficiency of the Interstate System and reduce the emission of greenhouse gases and other environmental pollutants, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stamp Out Domestic Violence Act of
2000''.
SEC. 2. SPECIAL POSTAGE STAMPS RELATING TO DOMESTIC VIOLENCE.
(a) In General.--Chapter 4 of title 39, United States Code, is
amended by inserting after section 414 the following:
``Sec. 414a. Special postage stamps relating to domestic violence
``(a) In order to afford the public a convenient way to contribute
to funding for domestic violence programs, the Postal Service shall
establish a special rate of postage for first-class mail under this
section.
``(b) The rate of postage established under this section--
``(1) shall be equal to the regular first-class rate of
postage, plus a differential not to exceed 25 percent;
``(2) shall be set by the Governors in accordance with such
procedures as the Governors shall by regulation prescribe (in
lieu of the procedures under chapter 36); and
``(3) shall be offered as an alternative to the regular
first class rate of postage.
``(c) The use of the rate of postage established under this section
shall be voluntary on the part of postal patrons.
``(d)(1) Amounts becoming available for domestic violence programs
under this section shall be paid by the Postal Service to the
Department of Justice. Payments under this section shall be made under
such arrangements as the Postal Service shall, by mutual agreement with
the Department of Justice, establish in order to carry out the purposes
of this section, except that under those arrangements, payments to the
Department of Justice shall be made at least twice a year.
``(2) For purposes of this section, the term `amounts becoming
available for domestic violence programs under this section' means--
``(A) the total amount of revenues received by the Postal
Service that it would not have received but for the enactment
of this section; reduced by
``(B) an amount sufficient to cover reasonable costs
incurred by the Postal Service in carrying out this section,
including costs attributable to the printing, sale, and
distribution of stamps under this section,
as determined by the Postal Service under regulations that it shall
prescribe.
``(e) It is the sense of Congress that nothing in this section
should--
``(1) directly or indirectly cause a net decrease in total
funds received by the Department of Justice or any other agency
of the Government (or any component or program thereof) below
the level that would otherwise have been received but for the
enactment of this section; or
``(2) affect regular first-class rates of postage or any
other regular rates of postage.
``(f) Special postage stamps under this section shall be made
available to the public beginning on such date as the Postal Service
shall by regulation prescribe, but not later than 12 months after the
date of the enactment of this section.
``(g) The Postmaster General shall include in each report rendered
under section 2402 with respect to any period during any portion of
which this section is in effect, information concerning the operation
of this section, except that, at a minimum, each report shall include--
``(1) the total amount described in subsection (d)(2)(A)
which was received by the Postal Service during the period
covered by such report; and
``(2) of the amount under paragraph (1), how much (in the
aggregate and by category) was required for the purposes
described in subsection (d)(2)(B).
``(h) This section shall cease to be effective at the end of the 2-
year period beginning on the date on which special postage stamps under
this section are first made available to the public.''.
(b) Report by the Comptroller General of the United States.--Not
later than 3 months (but no earlier than 6 months) before the end of
the 2-year period referred to in section 414a(h) of title 39, United
States Code (as amended by subsection (a)), the Comptroller General of
the United States shall submit to the Congress a report on the
operation of such section. Such report shall include--
(1) an evaluation of the effectiveness and the
appropriateness of the authority provided by such section as a
means of fund-raising; and
(2) a description of the monetary and other resources
required of the Postal Service in carrying out such section.
(c) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 4
of title 39, United States Code, is amended by striking the
item relating to section 414 and inserting the following:
``414. Special postage stamps relating to breast cancer.
``414a. Special postage stamps relating to domestic violence.''.
(2) Section heading.--The heading for section 414 of title
39, United States Code, is amended to read as follows:
``Sec. 414. Special postage stamps relating to breast cancer''. | Requires collected amounts to be paid to the Department of Justice.
Expresses the sense of the Congress that nothing in this Act should: (1) cause a net decrease in total funds received by the Department or any other Federal agency below the level that would have otherwise been received but for this Act's enactment; or (2) affect first-class or other regular postage rates.
Requires special postage stamps to be made available to the public.
Directs the Comptroller General to report to Congress on the operation of this Act. | Stamp Out Domestic Violence Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cahaba River National Wildlife
Refuge Expansion Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Cahaba River is recognized nationally for its
unique biological diversity, which includes habitat for more
than 131 species of fish (more than any other river its size in
North America).
(2) The Cahaba River is home to 64 rare and imperiled
species of aquatic plants and animals, including fishes,
freshwater turtles, mussels, and snails.
(3) The Cahaba River is home to 12 aquatic animal species
(fish, mussels, and snails) listed as endangered species or
threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1331 et seq.).
(4) The Cahaba River harbors the largest population in the
world of the imperiled shoals lily, known locally as the Cahaba
Lily.
(5) The Cahaba River watershed contains extremely rare
plant communities, including mountain longleaf pine woodlands,
and dolomite glades that are home to 8 plant species recently
discovered as new to science, and known to exist nowhere else
in the world, as well as more than 70 other rare and imperiled
species of plants.
(6) The Cahaba River is home to at least a dozen endemic
aquatic animals that are found nowhere else in the world.
(7) The Cahaba River is the longest remaining free-flowing
river in Alabama, flowing through five counties in central
Alabama.
(8) The Cahaba River is recognized as an Outstanding
Alabama Water by the Alabama Department of Environmental
Management.
(9) The Cahaba River has high recreational value for
hunters, anglers, birdwatchers, canoeists, nature
photographers, and others.
(10) The Cahaba River watershed supports large populations
of game species, including deer, turkey, quail, and various
species of ducks.
(11) The Cahaba River was recognized by the 106th Congress
as deserving of inclusion in the National Wildlife Refuge
System by the establishment of the Cahaba River National
Wildlife Refuge.
(12) Significant additional recreational, natural resource
conservation and management, and other public benefits would be
realized by the expansion of the existing Cahaba River National
Wildlife Refuge.
SEC. 3. DEFINITIONS.
In this Act:
(1) Refuge.--The term ``Refuge'' means the Cahaba River
National Wildlife Refuge.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. EXPANSION OF REFUGE.
(a) Expansion.--
(1) In general.--The Cahaba River National Wildlife Refuge,
located in Bibb County, Alabama, is expanded to include
approximately 30,000 acres of lands and waters, and interests
in lands and waters, within the boundaries depicted upon the
map entitled ``Cahaba River National Wildlife Refuge Proposed
Expansion'', and dated June 2, 2003.
(2) Boundary revisions.--The Secretary may make such minor
revisions to the boundaries of the Refuge as may be appropriate
to carry out the purposes of the Refuge or to facilitate the
acquisition of property within the Refuge.
(3) Availability of map.--The Secretary shall keep the map
referred to in paragraph (1) on file for inspection in
appropriate offices of the United States Fish and Wildlife
Service.
(b) Effective Date.--The expansion of the Refuge under paragraph
(1) of subsection (a) shall take effect on the date of the enactment of
this Act.
SEC. 5. ACQUISITION OF LANDS AND WATERS.
(a) In General.--The Secretary, subject to the availability of
appropriations, may acquire up to 30,000 acres of lands and waters, or
interests therein, within the boundaries of the Refuge described in
section 4(a)(1).
(b) Inclusion in Refuge.--Any lands, waters, or interests acquired
by the Secretary under this section shall be a part of the Refuge.
SEC. 6. ADMINISTRATION.
In administering the Refuge, the Secretary shall--
(1) conserve, enhance, and restore the native aquatic and
terrestrial community characteristics of the Cahaba River
(including associated fish, wildlife, and plant species);
(2) conserve, enhance, and restore habitat to maintain and
assist in the recovery of animals and plants that are listed as
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1331 et seq.);
(3) in providing opportunities for compatible use (as that
term is defined in section 5 of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668ee)), ensure
that hunting, fishing, wildlife observation and photography,
and environmental education interpretation are the priority
general public uses of the Refuge, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668ee(a)(3), (4)); and
(4) encourage the use of volunteers and facilitate
partnerships among the United States Fish and Wildlife Service,
local communities, conservation organizations, and other non-
Federal entities, to--
(A) promote public awareness of the resources of
the Refuge and the National Wildlife Refuge System; and
(B) public participation in the conservation of
those resources. | Cahaba River National Wildlife Refuge Expansion Act - Expands the boundaries of the Cahaba River National Wildlife Refuge in Bibb County, Alabama, to include specified lands and waters.
Authorizes the Secretary of the Interior to: (1) revise the boundaries of the Refuge to carry out its purposes or to facilitate the acquistion of property within it; and (2) acquire, subject to the availability of appropriations, such lands and waters to be included in the Refuge. | To provide for the expansion of the Cahaba River National Wildlife Refuge in Bibb County, Alabama. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``K-12 Education Excellence Now Act of
1999''.
SEC. 2. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR
CONTRIBUTIONS TO SUCH SCHOOLS AND TO CHARITABLE
ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS
ATTENDING SUCH SCHOOLS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR
CONTRIBUTIONS TO SUCH SCHOOLS AND TO CHARITABLE
ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS
ATTENDING SUCH SCHOOLS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) the qualified elementary and secondary education
expenses which are paid or incurred by the taxpayer during such
taxable year, and
``(2) the qualified charitable contributions of the
taxpayer for the taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed--
``(1) $100 in the case of taxable years beginning in
calendar year 1999,
``(2) $150 in the case of taxable years beginning in
calendar year 2000,
``(3) $200 in the case of taxable years beginning in
calendar year 2001, and
``(4) $250 in the case of taxable years beginning after
calendar year 2001.
In the case of a joint return, the limitation under this subsection
shall be twice the dollar amount otherwise applicable under the
preceding sentence.
``(c) Qualified Elementary and Secondary Education Expenses.--For
purposes of this section--
``(1) In general.--The term `qualified elementary and
secondary education expenses' means tuition, fees, tutoring,
special needs services, books, supplies, computer equipment
(including related software and services) and other equipment,
transportation, and supplementary expenses required for the
enrollment or attendance of any individual at a public,
private, or religious elementary or secondary school.
``(2) Special rule for home-schooling.--Such term shall
include expenses described in paragraph (1) required for
education provided for homeschooling if the requirements of any
applicable State or local law are met with respect to such
education.
``(3) Elementary or secondary school.--The term `elementary
or secondary school' means any school which provides elementary
education or secondary education (through grade 12), as
determined under State law.
``(d) Qualified Charitable Contribution.--For purposes of this
section--
``(1) In general.--The term `qualified charitable
contribution' means, with respect to any taxable year, the
amount allowable as a deduction under section 170 for cash
contributions to--
``(A) an elementary or secondary school, or
``(B) a school tuition organization.
``(2) School tuition organization.--
``(A) In general.--The term `school tuition
organization' means any organization described in
section 170(c)(2) if the annual disbursements of the
organization for elementary and secondary school
scholarship are normally not less than 90 percent of
the sum of such organization's annual gross income and
contributions and gifts.
``(B) Exceptions.--Such term shall not include any
organization if substantially all of its scholarships
(by value) may be used to attend only 1 school.
``(C) Elementary and secondary school
scholarship.--The term `elementary and secondary school
scholarship' means any scholarship excludable from
gross income under section 117 for expenses related to
education at an elementary or secondary school.
``(e) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under this chapter for any contribution for which
credit is allowed under this section.
``(2) Application with other credits.--The credit allowable
under subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(3) Controlled groups.--All persons who are treated as
one employer under subsection (a) or (b) of section 52 shall be
treated as 1 taxpayer for purposes of this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit for elementary and
secondary school expenses and
for contributions to such
schools and to charitable
organizations which provide
scholarships for students
attending such schools.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | K-12 Education Excellence Now Act of 1999 - Amends the Internal Revenue Code to allow a limited tax credit for the expenses of attending elementary and secondary schools (including qualifying home schooling) and for contributions to charitable organizations which provide scholarships for children to attend such schools. | K-12 Education Excellence Now Act of 1999 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Armed Forces Tax
Fairness Act of 2003''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. SPECIAL RULE FOR MEMBERS OF UNIFORMED SERVICES AND FOREIGN
SERVICE IN DETERMINING EXCLUSION OF GAIN FROM SALE OF
PRINCIPAL RESIDENCE.
(a) In General.--Subsection (d) of section 121 of the Internal
Revenue Code of 1986 (relating to exclusion of gain from sale of
principal residence) is amended by adding at the end the following new
paragraph:
``(10) Members of uniformed services and foreign service.--
``(A) In general.--At the election of an individual
with respect to a property, the running of the 5-year
period referred to in subsections (a) and (c)(1)(B) and
paragraph (7) of this subsection with respect to such
property shall be suspended during any period that such
individual or such individual's spouse is serving on
qualified official extended duty as a member of the
uniformed services or of the Foreign Service.
``(B) Maximum period of suspension.--Such 5-year
period shall not be extended more than 5 years by
reason of subparagraph (A).
``(C) Qualified official extended duty.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
official extended duty' means any extended duty
while serving at a duty station which is at
least 150 miles from such property or while
residing under Government orders in Government
quarters.
``(ii) Uniformed services.--The term
`uniformed services' has the meaning given such
term by section 101(a)(5) of title 10, United
States Code, as in effect on the date of the
enactment of this paragraph.
``(iii) Foreign service.--The term `member
of the Foreign Service' has the meaning given
the term `member of the Service' by paragraph
(1), (2), (3), (4), or (5) of section 103 of
the Foreign Service Act of 1980, as in effect
on the date of the enactment of this paragraph.
``(iv) Extended duty.--The term `extended
duty' means any period of active duty pursuant
to a call or order to such duty for a period in
excess of 180 days or for an indefinite period.
``(D) Special rules relating to election.--
``(i) Election limited to 1 property at a
time.--An election under subparagraph (A) with
respect to any property may not be made if such
an election is in effect with respect to any
other property.
``(ii) Revocation of election.--An election
under subparagraph (A) may be revoked at any
time.''.
(b) Effective Date; Special Rule.--
(1) Effective date.--The amendment made by this section
shall take effect as if included in the amendments made by
section 312 of the Taxpayer Relief Act of 1997.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendment made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period.
SEC. 3. RESTORATION OF FULL EXCLUSION FROM GROSS INCOME OF DEATH
GRATUITY PAYMENT.
(a) In General.--Paragraph (3) of section 134(b) (relating to
qualified military benefit) is amended by adding at the end the
following new subparagraph:
``(C) Exception for death gratuity adjustments made
by law.--Subparagraph (A) shall not apply to any
adjustment to the amount of death gratuity payable
under chapter 75 of title 10, United States Code, which
is pursuant to a provision of law enacted before
December 31, 1991.''.
(b) Conforming Amendment.--Section 134(b)(3)(A) is amended by
striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to deaths occurring after September 10, 2001.
SEC. 4. EXCLUSION FOR AMOUNTS RECEIVED UNDER DEPARTMENT OF DEFENSE
HOMEOWNERS ASSISTANCE PROGRAM.
(a) In General.--Subsection (a) of section 132 (relating to certain
fringe benefits) is amended by striking ``or'' at the end of paragraph
(6), by striking the period at the end of paragraph (7) and inserting
``, or'' and by adding at the end the following new paragraph:
``(8) qualified military base realignment and closure
fringe.''.
(b) Qualified Military Base Realignment and Closure Fringe.--
Section 132 is amended by redesignating subsection (n) as subsection
(o) and by inserting after subsection (m) the following new subsection:
``(n) Qualified Military Base Realignment and Closure Fringe.--
``(1) In general.--For purposes of this section, the term
`qualified military base realignment and closure fringe' means
1 or more payments under the authority of section 1013 of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) (as in effect on the date of the enactment of
this subsection).
``(2) Limitation.--With respect to any property, such term
shall not include any payment referred to in paragraph (1) to
the extent that the sum of all such payments related to such
property exceeds the amount described in clause (1) of
subsection (c) of such section (as in effect on such date).''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
SEC. 5. EXPANSION OF COMBAT ZONE FILING RULES TO CONTINGENCY
OPERATIONS.
(a) In General.--Subsection (a) of section 7508 (relating to time
for performing certain acts postponed by reason of service in combat
zone) is amended--
(1) by inserting ``or when deployed outside the United
States away from the individual's permanent duty station while
participating in an operation designated by the Secretary of
Defense as a contingency operation (as defined in section
101(a)(13) of title 10, United States Code) or which became
such a contingency operation by operation of law'' after
``section 112'',
(2) by inserting in the first sentence ``or at any time
during the period of such contingency operation'' after ``for
purposes of such section'',
(3) by inserting ``or operation'' after ``such an area'',
and
(4) by inserting ``or operation'' after ``such area''.
(b) Conforming Amendments.--
(1) Section 7508(d) is amended by inserting ``or
contingency operation'' after ``area''.
(2) The heading for section 7508 is amended by inserting
``or contingency operation'' after ``combat zone''.
(3) The item relating to section 7508 in the table of
sections for chapter 77 is amended by inserting ``or
contingency operation'' after ``combat zone''.
(c) Effective Date.--The amendments made by this section shall
apply to any period for performing an act which has not expired before
the date of the enactment of this Act.
SEC. 6. MODIFICATION OF MEMBERSHIP REQUIREMENT FOR EXEMPTION FROM TAX
FOR CERTAIN VETERANS' ORGANIZATIONS.
(a) In General.--Subparagraph (B) of section 501(c)(19) (relating
to list of exempt organizations) is amended by striking ``or widowers''
and inserting ``, widowers, ancestors, or lineal descendants''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. CLARIFICATION OF THE TREATMENT OF CERTAIN DEPENDENT CARE
ASSISTANCE PROGRAMS.
(a) In General.--Subsection (b) of section 134 (defining qualified
military benefit) is amended by adding at the end the following new
paragraph:
``(4) Clarification of certain benefits.--For purposes of
paragraph (1), such term includes any dependent care assistance
program (as in effect on the date of the enactment of this
paragraph) for any individual described in paragraph (1)(A).''.
(b) Conforming Amendments.--
(1) Section 134(b)(3)(A) (as amended by section 102) is
further amended by inserting ``and paragraph (4)'' after
``subparagraphs (B) and (C)''.
(2) Section 3121(a)(18) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(3) Section 3306(b)(13) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(4) Section 3401(a)(18) is amended by striking ``or 129''
and inserting ``, 129, or 134(b)(4)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 8. CLARIFICATION RELATING TO EXCEPTION FROM ADDITIONAL TAX ON
CERTAIN DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS,
ETC., ON ACCOUNT OF ATTENDANCE AT MILITARY ACADEMY.
(a) In General.--Subparagraph (B) of section 530(d)(4) (relating to
exceptions from additional tax for distributions not used for
educational purposes) is amended by striking ``or'' at the end of
clause (iii), by redesignating clause (iv) as clause (v), and by
inserting after clause (iii) the following new clause:
``(iv) made on account of the attendance of
the designated beneficiary at the United States
Military Academy, the United States Naval
Academy, the United States Air Force Academy,
the United States Coast Guard Academy, or the
United States Merchant Marine Academy, to the
extent that the amount of the payment or
distribution does not exceed the costs of
advanced education (as defined by section
2005(e)(3) of title 10, United States Code, as
in effect on the date of the enactment of this
section) attributable to such attendance, or''.
(b) Effective Date.--The amendment made by this section shall take
effect for taxable years beginning after December 31, 2002.
SEC. 9. ABOVE-THE-LINE DEDUCTION FOR OVERNIGHT TRAVEL EXPENSES OF
NATIONAL GUARD AND RESERVE MEMBERS.
(a) Deduction Allowed.--Section 162 (relating to certain trade or
business expenses) is amended by redesignating subsection (p) as
subsection (q) and inserting after subsection (o) the following new
subsection:
``(p) Treatment of Expenses of Members of Reserve Component of
Armed Forces of the United States.--For purposes of subsection (a)(2),
in the case of an individual who performs services as a member of a
reserve component of the Armed Forces of the United States at any time
during the taxable year, such individual shall be deemed to be away
from home in the pursuit of a trade or business for any period during
which such individual is away from home in connection with such
services.''.
(b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.--
Paragraph (2) of section 62(a) (relating to certain trade and business
deductions of employees) is amended by adding at the end the following
new subparagraph:
``(E) Certain expenses of members of reserve
components of the armed forces of the united states.--
The deductions allowed by section 162 which consist of
expenses, determined at a rate not in excess of the
rates for travel expenses (including per diem in lieu
of subsistence) authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United
States Code, and not in excess of $1,500, paid or
incurred by the taxpayer in connection with the
performance of services by such taxpayer as a member of
a reserve component of the Armed Forces of the United
States for any period during which such individual is
more than 100 miles away from home in connection with
such services.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2002.
SEC. 10. TAX RELIEF AND ASSISTANCE FOR FAMILIES OF ASTRONAUTS WHO LOSE
THEIR LIVES ON A SPACE MISSION.
(a) Income Tax Relief.--
(1) In general.--Subsection (d) of section 692 (relating to
income taxes of members of Armed Forces and victims of certain
terrorist attacks on death) is amended by adding at the end the
following new paragraph:
``(5) Relief with respect to astronauts.--The provisions of
this subsection shall apply to any astronaut whose death occurs
while on a space mission, except that paragraph (3)(B) shall be
applied by using the date of the death of the astronaut rather
than September 11, 2001.''.
(2) Conforming amendments.--
(A) Section 5(b)(1) is amended by inserting ``,
astronauts,'' after ``Forces''.
(B) Section 6013(f)(2)(B) is amended by inserting
``, astronauts,'' after ``Forces''.
(3) Clerical amendments.--
(A) The heading of section 692 is amended by
inserting ``, astronauts,'' after ``forces''.
(B) The item relating to section 692 in the table
of sections for part II of subchapter J of chapter 1 is
amended by inserting ``, astronauts,'' after
``Forces''.
(4) Effective date.--The amendments made by this subsection
shall apply with respect to any astronaut whose death occurs
after December 31, 2002.
(b) Death Benefit Relief.--
(1) In general.--Subsection (i) of section 101 (relating to
certain death benefits) is amended by adding at the end the
following new paragraph:
``(4) Relief with respect to astronauts.--The provisions of
this subsection shall apply to any astronaut whose death occurs
while on a space mission.''.
(2) Clerical amendment.--The heading for subsection (i) of
section 101 is amended by inserting ``or Astronauts'' after
``Victims''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid after December 31, 2002, with
respect to deaths occurring after such date.
(c) Estate Tax Relief.--
(1) In general.--Subsection (b) of section 2201 (defining
qualified decedent) is amended by striking ``and'' at the end
of paragraph (1)(B), by striking the period at the end of
paragraph (2) and inserting ``, and'', and by adding at the end
the following new paragraph:
``(3) any astronaut whose death occurs while on a space
mission.''.
(2) Clerical amendments.--
(A) The heading of section 2201 is amended by
inserting ``, deaths of astronauts,'' after ``forces''.
(B) The item relating to section 2201 in the table
of sections for subchapter C of chapter 11 is amended
by inserting ``, deaths of astronauts,'' after
``Forces''.
(3) Effective date.--The amendments made by this subsection
shall apply to estates of decedents dying after December 31,
2002.
SEC. 11. PROTECTION OF SOCIAL SECURITY.
The amounts transferred to any trust fund under title II of the
Social Security Act shall be determined as if this Act (other than this
section) had not been enacted.
Passed the House of Representatives April 9, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was introduced in the House on April 8, 2003. However, because action occurred on the measure, the summary has been expanded.)Armed Forces Tax Fairness Act of 2003 - (Sec. 2) Amends the Internal Revenue Code to authorize a member of the uniformed services or the Foreign Service on "qualified official extended duty" (any duty in excess of 180 days while serving at a duty station which is at least 150 miles from the principal residence or while residing under Government orders in Government quarters), to extend for five years the five-year period utilized in determining full exclusion of gain from the sale of a principal residence.Includes among the uniformed services: (1) the armed forces; (2) the commissioned corps of the National Oceanic and Atmospheric Administration; and (3) the commissioned corps of the Public Health Service.Makes such provisions effective as if included in section 312 of the Taxpayer Relief Act of 1997.States that if a refund or credit resulting from this section is prevented before the close of the one-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may be allowed if claimed before the close of such period.(Sec. 3) Excludes from gross income as a qualified military benefit the amount of the death gratuity payable under chapter 75 of title 10 of the United States Code, effective with respect to deaths occurring after September 10, 2001.(Sec. 4) Exempts amounts received under the Homeowners Assistance Program from inclusion as gross income.(Sec. 5) Extends combat zone filing rules to contingency operations.(Sec. 6) Includes ancestors or lineal descendants of past or present members of the armed forces or of cadets as qualifying members of veterans' organizations for purposes of such organizations' tax-exempt status determination.(Sec. 7) Includes dependent care assistance provided under a dependent care assistance program for a member of the uniformed services by reason of such member's status or service as an income-excludable qualified military benefit.(Sec. 8) Exempts distributions from an education individual retirement account from the ten percent additional tax for non-educational use: (1) if made for an account holder at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy; and (2) to the extent that the distribution does not exceed the costs of advanced education.(Sec. 9) Provides a deduction (limited to $1,500) for itemizers and non-itemizers for unreimbursed overnight travel, meals, and lodging expenses of National Guard and Reserve members who must travel more than 100 miles away from home and stay overnight as part of their official duties.(Sec. 10) Provides tax relief for families of the Columbia Space Shuttle by making the tax relief provisions applicable to terrorist attack victims applicable to the Columbia Space Shuttle.(Sec. 11) Provides that amounts transferred to any trust fund under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act shall be determined as if this Act had not enacted. | To amend the Internal Revenue Code of 1986 to provide a special rule for members of the uniformed services in determining the exclusion of gain from the sale of a principal residence and to restore the tax exempt status of death gratuity payments to members of the uniformed services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Country Economic
Revitalization Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2000, the Native American Business Development,
Trade Promotion, and Tourism Act (Public Law 106-464; 25 U.S.C.
4301 et seq.) identified the need for the Federal Government to
promote long-range economic development of Indian lands.
(2) This law established within the Department of Commerce
an office to coordinate Federal programs related to Indian
economic development, promote the international trade and
export of Indian goods and services, and conduct intertribal
tourism demonstration projects.
(3) To have additional impact, this law should be amended
to expand Federal support for the economic development of
Indian tribes and Indian lands.
(4) Recent fiscal priorities of the Federal Government have
negatively impacted Indian tribes as well as others due to
their dependence upon Federal funds.
(5) The Federal Government has a trust responsibility to
Indian tribes and should support tribal-owned enterprises and
Indian-owned businesses by preparing recommendations for
Congress on improved statutory measures that support the
development of sustainable tribal economies.
SEC. 3. REPORT AND RECOMMENDATIONS TO CONGRESS ON TRIBAL ECONOMIC
DEVELOPMENT.
The Native American Business Development, Trade Promotion, and
Tourism Act of 2000 (Public Law 106-464; 25 U.S.C. 4301 et seq.) is
amended--
(1) by redesignating section 8 as section 9; and
(2) by inserting after section 7 the following new section:
``SEC. 8. REPORT AND RECOMMENDATIONS TO CONGRESS ON TRIBAL ECONOMIC
DEVELOPMENT.
``(a) Reporting Requirement.--Not later than 1 year after the date
of the enactment of the Indian Country Economic Revitalization Act of
2014, and every 3 years thereafter, the Secretary of Commerce shall
prepare and submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Indian Affairs of the Senate a
report and recommendations for promoting the sustained growth of the
economies of Indian tribes and Indian lands. In conducting the reports
under this section, the Secretary of Commerce shall consult with--
``(1) the Secretary of the Treasury;
``(2) the Secretary of the Interior;
``(3) the Secretary of Agriculture;
``(4) the Administrator of the Small Business
Administration;
``(5) the Board of Governors of the Federal Reserve System;
``(6) the heads of other Federal agencies as determined by
the Secretary of Commerce;
``(7) the White House Council on Native American Affairs;
and
``(8) Indian tribes.
``(b) Contents of Report.--Each report prepared under subsection
(a) shall include the following:
``(1) Data on Indian business development and employment
during the 3-year period immediately preceding the date of the
submission of the report, except that the first such report
shall include data for the 10-year period immediately preceding
the date of the submission of such report. Such data shall
include, at a minimum--
``(A) data from each decennial census conducted by
the Bureau of the Census for the period covered by the
report; and
``(B) relevant data voluntarily provided by Indian
tribes, Indian-owned businesses, and other tribal
business entities.
``(2) An assessment of existing structural advantages and
barriers to the economic development of Indian tribes and
Indian lands, including an analysis of the economic effect on
Indian tribes and Indian lands of the following:
``(A) Federal judicial decisions and administrative
actions authorizing the application of laws of general
applicability to economic development activities
occurring on Indian lands, in places with respect to
which Congress has not expressly authorized such
application.
``(B) Federal judicial decisions and actions by the
Internal Revenue Service authorizing the taxation of
Indian income and economic development activities
within Indian lands in places with respect to which
Federal law does not expressly authorize such taxation.
``(C) Tax incentives in the Internal Revenue Code
of 1986, including wage credits, accelerated
depreciation deductions, tax-exempt bonds, and new
market tax credits, including an assessment of how
additional new tax incentives such as tribal
empowerment zones may impact tribal economic
development.
``(D) Such other related factors that provide an
advantage or barrier to economic development on Indian
lands.
``(3) Analysis of Indian access to adequate infrastructure,
affordable energy, educational opportunities, and investment
capital.
``(4) Recommendations to Congress on legislation to
strengthen the economies of Indian tribes and Indian lands in
areas that include--
``(A) regulatory, tax, and trust reform; and
``(B) other related areas that promote the findings
and purposes provided in section 2.
``(c) Use of Previous Studies.--In conducting the studies under
this section, the Secretary of Commerce shall consider any appropriate
information contained in previous studies and reports, such as the
following:
``(1) The American Indian Policy Review Commission Final
Report, dated May 17, 1977.
``(2) The Report and Recommendations of the Presidential
Commission on Indian Reservation Economies, dated November
1984.
``(3) The Native American Economic Policy Report:
Developing Tribal Economies to Create Healthy, Sustainable, and
Culturally Vibrant Communities, dated 2007.
``(4) The report titled `Growing Economies in Indian
Country: Taking Stock of Progress and Partnerships', dated
April 2012.''. | Indian Country Economic Revitalization Act of 2014 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce, within one year of this Act's enactment and every three years thereafter, to submit a report and recommendations for promoting the sustained growth of the economies of Indian tribes and lands. Requires each report to include: data on Indian business development and employment during the preceding 3-year period, except for the first report which is to include data from the preceding 10 years; an assessment of existing structural advantages and barriers to the economic development of Indian tribes and lands; an analysis of Indian access to adequate infrastructure, affordable energy, educational opportunities, and investment capital; and recommendations on legislation to strengthen the economies of Indian tribes and lands in areas that include regulatory, tax, and trust reform. Directs the Secretary to consider appropriate information contained in previous studies and reports in conducting this Act's studies. | Indian Country Economic Revitalization Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Pathway to Citizenship Act
of 2017''.
SEC. 2. NATURALIZATION OF VETERANS DURING PERIODS OF HOSTILITIES.
(a) Naturalization of Veterans During Periods of Hostilities.--
Section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) is
amended by adding at the end the following:
``(d) Remedies.--
``(1) Immigration status.--
``(A) Assumption of lawful permanent resident
status.--For purposes of this title, any current or
former member of the Armed Forces who would be eligible
for naturalization under this section but is not by
reason of a failure to complete a specified period of
residence or physical presence within the United States
under this title or failure to maintain status as a
lawful permanent resident shall, upon application for
naturalization, be deemed to be a lawful permanent
resident and to have fulfilled any residency and
physical presence requirements solely for purposes of
such current or former member's application for
naturalization.
``(B) Prior removals.--In the case of any current
or former member of the Armed Forces who is seeking
naturalization under this section, no prior removal may
be taken into account for purposes of eligibility for
any immigration benefit or in determining
deportability, or inadmissibility, including for
purposes of the application of sections 212(a)(9) and
318.
``(2) Pardons.--
``(A) In general.--Except as provided in
subparagraph (B), in the case of a current or former
member of the Armed Forces who receives a pardon for an
offense, that offense may not be taken into account for
purposes of an application for naturalization under
this section, including as to--
``(i) requirements under section 212; and
``(ii) requirements under section 316.
Such benefit shall apply only as to the current or
former member's application for naturalization.
``(B) Exception.--Subparagraph (A) shall not apply
if the offense pardoned was the same offense that
caused that former member's separation from the Armed
Forces in any manner other than honorable.
``(3) Notice program.--
``(A) Upon enlistment.--Every military recruiter or
officer overseeing an enlistment shall provide to every
recruit proper notice of that recruit's options for
naturalization under this title, and shall inform the
recruit of existing programs or services that may aid
in the recruit's naturalization process, including
directing the recruit to the Judge Advocate General or
other designated point-of-contact for naturalization.
``(B) Upon discharge.--The Secretary of Homeland
Security, acting through the Director of the United
States Customs and Immigration Services, and in
coordination with the Secretary of Defense, shall
provide to every former member of the Armed Forces,
upon separation from the Armed Forces, an adequate
notice of that former member's options for
naturalization under this title, and shall inform that
former member of existing programs and services that
may aid in the naturalization process. The Secretary
shall issue along with this notice a copy of each form
required for naturalization and a copy of the
certification of honorable service required under
subsection (b)(3), at no expense to that former member.
``(4) Application automatically filed.--When the current or
former member who would be eligible for naturalization under
this section becomes eligible for such naturalization, the
Secretary of Homeland Security, in coordination with the
Secretary of Defense shall notify the member of his or her
eligibility, and shall, unless the member requests the
Secretary of Homeland Security not do so, submit an application
for the naturalization on behalf of that member.
``(5) Veteran's application to be given treatment as though
timely filed.--In the case of any current or former member of
the Armed Forces who would be eligible for naturalization under
this section but is not by reason of a failure or inability to
timely file application for naturalization, the Director of
United States Customs and Immigration Services shall review any
application for naturalization submitted by or on behalf of the
former member as if it were completed and timely filed.''.
(b) Prospective Repeal.--Section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) is amended by striking subsection
(d)(5).
(c) Applicability.--
(1) Effective date of amendment.--The amendment made by
subsection (a) shall take effect beginning on the date of
enactment of this Act.
(2) Effective date of repeal.--The amendment made by
subsection (b) shall take effect beginning 1 year after the
date of enactment of this Act. | Veterans' Pathway to Citizenship Act of 2017 This bill amends the Immigration and Nationality Act to provide that a current or former member of the Armed Forces who would be eligible for naturalization but is not because of failure to complete a specified period of residence or physical presence within the United States or failure to maintain lawful permanent resident status shall be deemed to be a lawful permanent resident and to have fulfilled any residency and physical presence requirements solely for naturalization purposes. With respect to any such individual seeking naturalization: (1) a prior removal may be not taken into account for purposes of any immigration benefit or in determining deportability or inadmissibility, and (2) an offense for which a pardon was received may not be taken into account for naturalization purposes unless the offense was the same offense that caused the individual's separation from the Armed Forces in any manner other than honorable. A military recruiter or officer overseeing an enlistment shall inform every recruit of, and the Department of Homeland Security shall provide every separating member of the Armed Forces with notice of, naturalization options and available naturalization assistance services. In the case of a current or former member of the Armed Forces who would be eligible for naturalization but is not because of failure to timely file an application for naturalization, a subsequently filed naturalization application shall be reviewed as if it were timely filed. This provision is repealed one year after the date of enactment of the bill. | Veterans’ Pathway to Citizenship Act of 2017 |
SECTION 1. CHIP ALLOCATION REDISTRIBUTION SPECIAL RULE FOR CERTAIN
SHORTFALL STATES DURING FIRST QUARTER OF FISCAL YEAR
2018.
Section 2104(f)(2) of the Social Security Act (42 U.S.C.
1397dd(f)(2)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Determination of redistributed amounts if
insufficient amounts available.--
``(i) Proration rule.--Subject to clause
(ii), if the amounts available for
redistribution under paragraph (1) for a fiscal
year are less than the total amounts of the
estimated shortfalls determined for the year
under subparagraph (A), the amount to be
redistributed under such paragraph for each
shortfall State shall be reduced
proportionally.
``(ii) Special rule for first quarter of
fiscal year 2018.--
``(I) In general.--For the period
beginning on October 1, 2017, and
ending December 31, 2017, with respect
to any amounts available for
redistribution under paragraph (1) for
fiscal year 2018, the Secretary shall
redistribute under such paragraph such
amounts to each emergency shortfall
State (as defined in subclause (II)) in
such amount as is equal to the amount
of the shortfall described in subclause
(II) for such State and period (as may
be adjusted under subparagraph (C))
before the Secretary may redistribute
such amounts to any shortfall State
that is not an emergency shortfall
State. In the case of any amounts
redistributed under this subclause to a
State that is not an emergency
shortfall State, such amounts shall be
determined in accordance with clause
(i).
``(II) Emergency shortfall state
defined.--For purposes of this clause,
the term `emergency shortfall State'
means, with respect to the period
beginning October 1, 2017, and ending
December 31, 2017, a shortfall State
for which the Secretary estimates, in
accordance with subparagraph (A)
(unless otherwise specified in this
subclause), that the projected
expenditures under the State child
health plan and under section 2105(g)
(calculated as if the reference under
section 2105(g)(4)(A) to `2017' were a
reference to `2018' and insofar as the
allotments are available to the State
under this subsection or subsection (e)
or (m)) for such period will exceed the
sum of the amounts described in clauses
(i) through (iii) of subparagraph (A)
for such period, including after
application of any amount redistributed
under paragraph (1) before such date of
enactment to such State. A shortfall
State may be an emergency shortfall
State under the previous sentence
without regard to whether any amounts
were redistributed before such date of
enactment to such State under paragraph
(1) for fiscal year 2018.
``(III) Application of qualifying
state option.--During the period
described in subclause (I), section
2105(g)(4) shall apply to a qualifying
State (as defined in section
2105(g)(2)) as if under section
2105(g)(4)--
``(aa) the reference to
`2017' were a reference to
`2018'; and
``(bb) the reference to
`under subsections (e) and (m)
of such section' were a
reference to `under subsections
(e), (f), and (m) of such
section'.''; and
(2) by adding at the end the following new subparagraph:
``(D) Rule of construction.--Nothing in this
paragraph may be construed as preventing a commonwealth
or territory described in subsection (c)(3) from being
treated as a shortfall State or an emergency shortfall
State.''. | This bill amends title XXI (Children's Health Insurance Program [CHIP]) of the Social Security Act to establish a special rule, with respect to the first quarter of FY2018, for the redistribution of unused CHIP allotments to state child health plans experiencing emergency shortfalls. Specifically, the Centers for Medicare & Medicaid Services (CMS) must redistribute unused allotments to each such state in an amount equal to the state's emergency shortfall before the CMS may redistribute the allotments to any state that is experiencing a nonemergency shortfall. | To amend title XXI of the Social Security Act to provide for a special rule during the first quarter of fiscal year 2018 for the redistribution of certain Children's Health Insurance Program allocations for certain shortfall States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WMATA Improvement Act of 2017''.
SEC. 2. AUTHORIZATION OF GRANTS.
(a) In General.--Subject to the requirements of section 3, the
Secretary of Transportation may provide grants to the Transit
Authority, in addition to any grant amounts provided pursuant to
section 601 of the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432; 126 Stat. 4968), in an amount not to exceed
$75,000,000 for each of fiscal years 2018 through 2028 for the purpose
of financing capital and preventive maintenance projects approved by
the Board of Directors of the Transit Authority.
(b) Matching Funds Required.--The Federal share of the cost of a
project carried out using grant amounts provided under subsection (a)
shall not exceed 50 percent of the cost of such project. The non-
Federal share of the cost of such project shall be borne equally by the
District of Columbia, the Commonwealth of Virginia, and the State of
Maryland.
(c) Limitations.--
(1) Terms and conditions.--Any grant provided under this
section shall be subject to the requirements of subsections (b)
and (c) of section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat. 4968).
(2) Collective bargaining agreement amendments.--
(A) In general.--No grants may be provided under
this section until the Board of Directors of the
Transit Authority, as such Board is composed pursuant
to the amendments under section 3, certifies that
amendments have been made to any existing collective
bargaining agreement between the Transit Authority and
a collective bargaining unit to allow the Transit
Authority to implement all necessary operational
changes required both to provide a high level of
service, reliability, and safety as well as lower costs
by selectively using competitive bidding for certain
capital improvement projects.
(B) Application of laws.--Any agreement described
under subparagraph (A) shall comply with the
requirements of--
(i) section 5333(b) of title 49, United
States Code; and
(ii) subchapter IV of chapter 31 of title
40, United States Code.
(C) Amended agreements.--A collective bargaining
agreement entered into after January 1, 2017, may be
considered an amended collective bargaining agreement
for purposes of this section.
SEC. 3. AMENDMENTS TO WMATA COMPACT.
No grant amounts may be provided under section 2 until the
Washington Metropolitan Area Transit Authority Compact includes the
following amendments:
(1) An amendment requiring that each member of the Board of
Directors of the Transit Authority have a primary fiduciary
obligation to the Transit Authority.
(2)(A) An amendment requiring that beginning after the date
of implementation of the amended compact and thereafter, that
the members of the Board of Directors of the Transit Authority
appointed as described in paragraph (3)(A) shall have at least
1 expert qualification, as described in subparagraph (B).
(B) The expert qualifications referred to in subparagraph
(A) are the following:
(i) A certified transit expert who has served in a
senior executive capacity, or the equivalent, of a
transit authority in the United States.
(ii) A certified management expert who is currently
or has previously served for five or more years and has
in his or her capacity managed, directly or indirectly,
more than 1,000 full-time employees--
(I) as a president, chief operating
officer, chief executive officer, chairman, or
managing partner or an equivalent position of a
qualifying business; or
(II) as the president or most senior
manager of a division of a qualifying business.
(iii) A certified financial expert who meets the
standards of an audit committee financial expert under
New York Stock Exchange rules, as in effect on the date
of enactment of this Act.
(iv) A certified safety expert who has a minimum of
5 years of experience as a chairman, director, senior
investigator or equivalent position of a transportation
or transit safety board in the United States.
(C) For purposes of this paragraph, the term ``qualifying
business'' means a corporation, partnership, or limited
liability entity that is engaged primarily in operating
activities and not investing activities.
(3) An amendment requiring that the Board of Directors of
the Transit Authority be composed of 9 voting members as
follows:
(A) Two members appointed by each of the District
of Columbia, the Commonwealth of Virginia, and the
State of Maryland.
(B) Two members appointed by the Secretary of
Transportation.
(C) The CEO of the Transit Authority.
SEC. 4. FAILURE TO ENACT AMENDMENTS.
(a) Withdrawal of Consent.--Except as provided for under subsection
(b), if the signatories of the Compact have not enacted the amendments
described in section 3 before the date that is 18 months after the date
of enactment of this Act, congressional consent for the Compact is
hereby withdrawn.
(b) Extension.--The signatories may apply to the Secretary of
Transportation for a single 3-month extension of the deadline under
subsection (a). Such extension shall be granted by the Secretary so
long as the signatories have shown progress toward instituting the
amendments.
SEC. 5. DEFINITIONS.
In this Act:
(1) Compact.--The term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact (consented to by
Congress under Public Law 89-774, 80 Stat. 1324) as title III
of the Washington Metropolitan Area Transit Regulation Compact
(consented to by Congress under Public Law 86-794, 74 Stat.
1031).
(2) Transit authority.--The term ``Transit Authority''
means the Washington Metropolitan Area Transit Authority
established under Article III of the Compact. | WMATA Improvement Act of 2017 This bill authorizes the Department of Transportation to provide additional grants for each of FY2018-FY2028 to the Washington Metropolitan Area Transit Authority (WMATA) for financing approved capital and preventive maintenance projects. No grants may be provided until: the WMATA Board of Directors certifies that amendments have been made to the existing collective bargaining agreement between WMATA and a collective bargaining unit allowing WMATA to implement necessary operational changes required to provide a high level of service, reliability, and safety as well as lower costs through competitive bidding for certain capital improvements; and the WMATA Compact includes amendments requiring WMATA Board members to have a primary fiduciary obligation to WMATA, newly appointed Board members to have at least one of specified expert qualifications, and the Board to be composed of nine voting members, including the CEO of the Transit Authority and two appointed by each of the District of Columbia, Virginia, Maryland, and the Secretary of Transportation. Congressional consent for the Compact shall be withdrawn if Compact signatories (the District of Columbia, Virginia, and Maryland) fail to enact such amendments. | WMATA Improvement Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Operations in the Federal
Republic of Yugoslavia Limitation Act of 1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Consideration is being given to the introduction of
ground elements of the United States Armed Forces into the
Federal Republic of Yugoslavia as part of a North Atlantic
Treaty Organization (NATO) operation to halt Serbian military
action in the Serbian province of Kosovo.
(2) Such a deployment, if it were to occur, would in all
likelihood represent a commitment to maintain United States
ground forces in the Federal Republic of Yugoslavia for an
indeterminate period and cost billions of dollars.
(3) The Secretary of Defense has previously opposed the
deployment of United States ground forces to Kosovo, a province
of Serbia, as reflected in his testimony before the Congress on
October 6, 1998.
(4) The deployment of United States ground forces to
participate in the peacekeeping operation in Bosnia, which has
resulted in the expenditure of approximately $10,000,000,000 by
United States taxpayers to date, which has already been
extended past 2 previous withdrawal dates established by the
Administration, and which shows no sign of ending in the near
future, clearly argues that the costs and duration of a
deployment of United States ground forces to the Federal
Republic of Yugoslavia to halt the conflict and maintain the
peace in the province of Kosovo will be much heavier and much
longer than initially foreseen.
(5) The substantial drain on military readiness of a
deployment of United States ground forces to the Federal
Republic of Yugoslavia would be inconsistent with the need,
recently acknowledged by the Joint Chiefs of Staff, to reverse
the trends which have already severely compromised the ability
of the United States Armed Forces to carry out the National
Military Strategy of the United States.
(6) Military operations by the United States Armed Forces
against the military forces and infrastructure of the Federal
Republic of Yugoslavia--
(A) have resulted in a significant depletion of
inventories of conventional air-launched cruise
missiles, Tomahawk Block III cruise missiles, and other
mission-essential armaments;
(B) have cost several hundred million dollars and
are projected by the Administration to cost more than
$5,000,000,000 by the end of fiscal year 1999;
(C) have left the western Pacific region without a
United States aircraft carrier presence; and
(D) have compromised the ability of the United
States to perform other critical national security
missions, including Operation Northern Watch in the
airspace over Iraq, due to a lack of available assets.
(7) The Congress has already indicated its considerable
concern about the possible deployment of United States ground
forces to the region, as evidenced by section 8115 of the
Department of Defense Appropriations Act, 1999 (Public Law 105-
262; 112 Stat. 2327), which sets forth among other matters a
requirement for the President to transmit to the Congress a
report detailing the anticipated costs, funding sources,
schedule and exit strategy for any additional United States
Armed Forces deployed to Yugoslavia, Albania, or Macedonia.
(8) The President, in his reports to the Congress in
response to section 8115 of the Department of Defense
Appropriations Act, 1999, has indicated that ``it is not
possible to determine how long NATO operations will need to
continue . . .'' and that the exit strategy for United States
Armed Forces ``will depend on the course of events, and in
particular, on Belgrade's reaction to NATO operations.''.
(9) The introduction of United States Armed Forces into
hostilities, or into situations where imminent involvement in
hostilities may occur, clearly indicates authorization by the
Congress when such action is not required for the defense of
the United States, its Armed Forces, or its nationals.
(10) United States national security interests in Kosovo do
not rise to a level that warrants the introduction of United
States ground forces in the Federal Republic of Yugoslavia for
peacemaking or peacekeeping purposes with respect to the
conflict in Kosovo.
SEC. 3. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR
DEPLOYMENT OF UNITED STATES GROUND FORCES TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA WITHOUT SPECIFIC AUTHORIZATION BY
LAW.
(a) In General.--None of the funds appropriated or otherwise
available to the Department of Defense may be obligated or expended for
the deployment of ground elements of the United States Armed Forces in
the Federal Republic of Yugoslavia unless such deployment is
specifically authorized by a law enacted after the enactment of this
Act.
(b) Rule of Construction.--The prohibition in subsection (a) shall
not apply with respect to the authority of the President under the
Constitution to initiate missions specifically limited to rescuing
United States military personnel or citizens in the Federal Republic of
Yugoslavia. | Military Operations in the Federal Republic of Yugoslavia Limitation Act of 1999 - Prohibits funds appropriated or otherwise available to the Department of Defense from being obligated or expended for the deployment of ground elements of U.S. forces in the Federal Republic of Yugoslavia unless such deployment is specifically authorized by law. | Military Operations in the Federal Republic of Yugoslavia Limitation Act of 1999 |
SECTION 1. NONREFUNDABLE CREDIT FOR ENERGY EFFICIENT TIRES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. ENERGY EFFICIENT TIRES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to $15 for each qualified energy
efficient tire--
``(1) which is purchased by the taxpayer during the taxable
year for use by the taxpayer,
``(2) the original use of which commences with the
taxpayer, and
``(3) which is placed in service by the taxpayer during the
taxable year.
``(b) Definition.--For purposes of this section, the term
`qualified energy efficient tire' means a tire certified as a qualified
energy efficient tire pursuant to regulations issued under section
30123(d) of title 49, United States Code, that is purchased for use by
the taxpayer and not for resale.
``(c) Limitation Based on Amount of Tax.--In the case of a taxable
year to which section 26(a)(2) does not apply, the credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this subpart
(other than this section) and section 27 for the taxable year.
``(d) Carryforwards of Unused Credit.--
``(1) Rule for years in which all personal credits allowed
against regular and alternative minimum tax.--In the case of a
taxable year to which section 26(a)(2) applies, if the credit
allowable under subsection (a) for any taxable year exceeds the
limitation imposed by section 26(a)(2) for such taxable year
reduced by the sum of the credits allowable under this subpart
(other than this section and sections 23, 25D, and 1400C), such
excess shall be carried to the succeeding taxable year and
added to the credit allowable under subsection (a) for such
taxable year.
``(2) Rule for other years.--In the case of a taxable year
to which section 26(a)(2) does not apply, if the credit
allowable under subsection (a) for any taxable year exceeds the
limitation imposed by subsection (c) for such taxable year,
such excess shall be carried to the succeeding taxable year and
added to the credit allowable under subsection (a) for such
taxable year.''.
(b) Conforming Amendments.--
(1) Section 23 of such Code is amended--
(A) in subsection (b)(4)(B) by inserting ``and
section 25E'' after ``this section'', and
(B) in subsection (c)(1) by striking ``25D and''
and inserting ``25D, 25E, and''.
(2) Section 24(b)(3)(B) of such Code is amended by striking
``and 25B'' and inserting ``25B, 25E, and''.
(3) Clauses (i) and (ii) of section 25(e)(1)(C) of such
Code is both amended by inserting ``25E,'' after ``25D,''.
(4) Section 25D(c) of such Code is amended--
(A) in paragraph (1) by inserting ``and section
25E'' after ``this section'', and
(B) in paragraph (2) by striking ``and 25B'' and
inserting ``25B, and 25E''.
(5) Section 904(i) of such Code is amended by striking
``and 25D'' and inserting ``and 25E''.
(6) Section 1400C(d) of such Code is amended--
(A) in paragraph (1) by striking ``and section
25D'' and inserting ``, 25D, and 25E'', and
(B) in paragraph (2) by striking ``and 25D'' and
inserting ``25D, and 25E''.
(7) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code (relating to
nonrefundable personal credits) is amended by inserting after
the item relating to section 25D the following new item:
``Sec. 25E. Energy efficient tires.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
December 31, 2006.
SEC. 2. ENERGY EFFICIENT TIRE LABELING.
Section 30123 of title 49, United States Code, is amended by
inserting after subsection (c) the following:
``(d) Energy Efficient Tire Labeling.--(1) The Secretary shall, by
regulation, establish a system for the permanent labeling of tires,
with respect to energy efficiency, similar to the system for other tire
attributes contained in section 575.104 of title 49, Code of Federal
Regulations. Such regulations shall establish criteria for certifying
replacement passenger tires as qualified energy efficient tires.
``(2) The primary factor for certifying replacement tires as
qualified energy efficient tires under the regulations required by this
subsection shall be achieving a rolling resistance coefficient that is
at least 10 percent lower than the average rolling resistance
coefficient (determined by mathematical mean) among replacement
passenger car tires of comparable price, size, traction, speed
capability, and wear resistance, as determined for the year 2006.
``(3) No replacement tire shall be certified as a qualified energy
efficient tire under the regulations required by this subsection if
such tire has--
``(A) a uniform tire quality grade rating below--
``(i) grade `A' for traction;
``(ii) grade `300' for treadwear; or
``(iii) grade `B' for temperature; and
``(B) a speed rating of S or T.
``(4) As used in this subsection--
``(A) the term `uniform tire quality grade' means the grade
given a tire under the National Highway Traffic Safety
Administration's Uniform Tire Quality Grading System (section
575.104 of title 49, Code of Federal Regulations);
``(B) the term `rolling resistance coefficient' means the
value of the rolling resistance force divided by the wheel
load, as determined by the `SAE J1269' or `SAE J2452' tests
developed by the Society of Automotive Engineers; and
``(C) the term `replacement passenger car tires' means
passenger car tires within the scope of section 575 of title
49, Code of Federal Regulations, that are not original tires
included on a passenger vehicle by the vehicle manufacturer.''. | Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable tax credit for the purchase of tires certified by the Department of Transportation as energy efficient.
Requires the Secretary of Transportation to establish a system for the permanent labeling of tires as energy efficient. | To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for the purchase of energy efficient tires. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Disability and Victims
of Warfare and Civil Strife Assistance Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following finding:
(1)(A) According to the International Committee of the Red
Cross, there are tens of millions of landmines in over 60
countries around the world, and it has estimated that as many
as 24,000 people are maimed or killed each year by landmines,
mostly civilians, resulting in amputations and disabilities of
various kinds.
(B) While the United States Government invests more than
$100,000,000 in mine action programs annually, including
funding for mine awareness and demining training programs, only
about ten percent of these funds go to directly aid landmine
victims.
(C) The Patrick Leahy War Victims Fund, administered by the
United States Agency for International Development, has
provided essential prosthetics and rehabilitation for landmine
and other war victims in developing countries who are disabled
and has provided long-term sustainable improvements in quality
of life for victims of civil strife and warfare, addressing
such issues as barrier-free accessibility, reduction of social
stigmatization, and increasing economic opportunities.
(D) Enhanced coordination is needed among Federal agencies
that carry out assistance programs in foreign countries for
victims of landmines and other victims of civil strife and
warfare to make better use of interagency expertise and
resources.
(2) According to a review of Poverty and Disability
commissioned by the World Bank, ``disabled people have lower
education and income levels than the rest of the population.
They are more likely to have incomes below poverty level than
the non-disabled population, and they are less likely to have
savings and other assets . . . [t]he links between poverty and
disability go two ways--not only does disability add to the
risk of poverty, but conditions of poverty add to the risk of
disability.''.
(3) Numerous international human rights conventions and
declarations recognize the need to protect the rights of
individuals regardless of their status, including those
individuals with disabilities, through the principles of
equality and non-discrimination.
(b) Purpose.--The purpose of this Act is to authorize assistance
for individuals with disabilities, including victims of landmines and
other victims of civil strife and warfare.
SEC. 3. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by inserting after section 134 the following:
``SEC. 135. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
``(a) Authorization.--The President is authorized to furnish
assistance to individuals with disabilities, including victims of civil
strife and warfare, in foreign countries.
``(b) Activities.--The programs established pursuant to subsection
(a) may include programs, projects, and activities such as the
following:
``(1) Development of local capacity to provide medical and
rehabilitation services for individuals with disabilities,
including victims of civil strife and warfare, in foreign
countries, such as--
``(A) support for and training of medical
professionals, including surgeons, nurses, and physical
therapists, to provide effective emergency and other
medical care and for the development of training
manuals relating to first aid and other medical
treatment;
``(B) support for sustainable prosthetic and
orthotic services; and
``(C) psychological and social rehabilitation of
such individuals, together with their families as
appropriate, for the reintegration of such individuals
into local communities.
``(2) Support for policy reform and educational efforts
related to the needs and abilities of individuals with
disabilities, including victims of civil strife and warfare.
``(3) Coordination of programs established pursuant to
subsection (a) with existing programs for individuals with
disabilities, including victims of civil strife and warfare, in
foreign countries.
``(4) Support for establishment of appropriate entities in
foreign countries to coordinate programs, projects, and
activities related to assistance for individuals with
disabilities, including victims of civil strife and warfare.
``(5) Support for primary, secondary, and vocational
education, public awareness and training programs and other
activities that help prevent war-related injuries and assist
individuals with disabilities, including victims of civil
strife and warfare, with their reintegration into society and
their ability to make sustained social and economic
contributions to society.
``(c) Priority.--To the maximum extent feasible, assistance under
this section shall be provided through nongovernmental organizations,
and, as appropriate, through governments to establish appropriate
norms, standards, and policies related to rehabilitation and issues
affecting individuals with disabilities, including victims of civil
strife and warfare.
``(d) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act)
and the Support for East European Democracy (SEED) Act of 1989 are
authorized to be made available to carry out this section and are
authorized to be provided notwithstanding any other provision of
law.''.
SEC. 4. RESEARCH, PREVENTION, AND ASSISTANCE RELATED TO INTERNATIONAL
DISABILITIES AND LANDMINE AND OTHER WAR VICTIMS.
(a) Authorization.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, is authorized--
(A) to conduct programs in foreign countries
related to individuals with disabilities, including
victims of landmines and other victims of civil strife
and warfare;
(B) to provide grants to nongovernmental
organizations for the purpose of carrying out research,
prevention, public awareness and assistance programs in
foreign countries related to individuals with
disabilities, including victims of landmines and other
victims of civil strife and warfare.
(2) Approval of secretary of state.--Activities under
programs established pursuant to paragraph (1) may be carried
out in foreign countries only in coordination with the
Administrator of the United States Agency for International
Development, and upon approval for such activities in such
countries by the Secretary of State.
(b) Activities.--Programs established pursuant to subsection (a)
may include the following activities:
(1) Research on trauma, physical, psychological, and social
rehabilitation, and continuing medical care related to
individuals with disabilities, including victims of landmines
and other victims of civil strife and warfare, including--
(A) conducting research on psychological and social
factors that lead to successful recovery;
(B) developing, testing, and evaluating model
interventions that reduce post-traumatic stress and
promote health and well-being;
(C) developing basic instruction tools for initial
medical response to traumatic injuries; and
(D) developing basic instruction manuals for
patients and healthcare providers, including for
emergency and follow-up care, proper amputation
procedures, and reconstructive surgery.
(2) Facilitation of peer support networks for individuals
with disabilities, including victims of landmines and other
victims of civil strife and warfare, in foreign countries,
including--
(A) establishment of organizations at the local
level, administered by such individuals, to assess and
address the physical, psychological, economic and
social rehabilitation and other needs of such
individuals, together with their families as
appropriate, for the purpose of economic and social
reintegration into local communities; and
(B) training related to the implementation of such
peer support networks, including training of outreach
workers to assist in the establishment of organizations
such as those described in subparagraph (A) and
assistance to facilitate the use of the networks by
such individuals.
(3) Sharing of expertise from limb-loss and disability
research centers in the United States with similar centers and
facilities in war-affected countries, including promoting
increased health for individuals with limb loss and limb
deficiency and epidemiological research on secondary medical
conditions related to limb loss and limb deficiency.
(4) Developing a database of best practices to address the
needs of the war-related disabled through comprehensive
examination of support activities related to such disability
and access to medical care and supplies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section such sums as may be necessary for each of fiscal years
2003 through 2004.
SEC. 5. EXPERTISE OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs is authorized--
(1) to provide advice and expertise on prosthetics,
orthotics, physical and psychological rehabilitation and
treatment, and disability assistance to other Federal
departments and agencies, including providing for temporary
assignment on a non-reimbursable basis of appropriate
Department of Veterans Affairs personnel, with respect to the
implementation of programs to provide assistance to victims of
landmines and other victims of civil strife and warfare in
foreign countries and landmine research and health-related
programs, including programs established pursuant to section
135 of the Foreign Assistance Act of 1961 (as added by section
3 of this Act) and programs established pursuant to section 4
of this Act; and
(2) to provide technical assistance to private voluntary
organizations on a reimbursable basis with respect to the
planning, development, operation, and evaluation of such
landmine assistance, research, and prevention programs. | International Disability and Victims of Warfare and Civil Strife Assistance Act of 2003 - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish medical, rehabilitation, prosthetic, orthotic, and other specified kinds of assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. Requires such assistance, to the maximum extent feasible, to be provided through nongovernmental organizations (NGOs), and, as appropriate, through governments to establish appropriate norms, standards, and policies related to rehabilitation and issues affecting such individuals.
Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) conduct programs in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare; and (2) provide grants to NGOs to carry out research, prevention, public awareness, and assistance programs in foreign countries related to such individuals. Requires any such programs in foreign countries to be carried out only in coordination with the Administrator of the United States Agency for International Development (USAID), and upon approval by the Secretary of State.
Authorizes the Secretary of Veterans Affairs to provide: (1) advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal agencies for implementation of assistance programs under this Act; and (2) technical assistance on a reimbursable basis to private voluntary organizations for planning, development, operation, and evaluation of such landmine assistance, research, and prevention programs. | A bill to authorize assistance for individuals with disabilities in foreign countries, including victims of warfare and civil strife, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unilateral Sanction Reporting Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in the face of a more politically complicated and
commercially integrated world in the post-cold war era, the
unilateral economic sanctions policy of the United States must
become a more sophisticated tool in order to better serve the
national interests of the United States;
(2) Members of Congress need more detailed and unbiased
information that can be compared on a yearly basis in order to
evaluate accurately the costs and benefits of unilateral
economic sanctions; and
(3) a comprehensive annual report to pertinent
congressional committees from the executive branch on sanctions
policy will allow the United States Government to view economic
sanctions in a more effective, targeted, and flexible manner
and better analyze the success of meeting foreign policy
objectives.
SEC. 3. ANNUAL REPORT TO CONGRESS BY THE PRESIDENT.
(a) In General.--The President shall, in consultation with the
Secretaries of State, Commerce, Defense, Agriculture, Energy, and
Transportation, and the United States Trade Representative, by not
later than January 31 of each year, report to all committees of
Congress with jurisdiction affected by United States policies on
unilateral economic sanctions on--
(1) the costs and benefits within the United States, and,
to the extent possible, the economic implications for the
targeted foreign countries or entities concerned, of the
imposition of unilateral economic sanctions by the United
States during the preceding calendar year; and
(2) the policy goals intended to be achieved by such
sanctions, and the extent to which such goals were achieved.
(b) Specific Reports.--
(1) Secretary of state.--The Secretary of State shall
prepare and submit to the President an annual report on the
policy goals intended to be achieved by unilateral economic
sanctions imposed by the United States, and the extent to which
such goals were achieved. The report shall cover the same
period as the report by the President under subsection (a) and
shall be included with the President's report under subsection
(a).
(2) Assistant secretary of commerce for information and
technology.--The Assistant Secretary of Commerce for
Information and Technology shall prepare and submit to the
President an annual report on the costs and benefits on the
information and technology sectors within the United States,
and, to the extent possible, the implications for the
information and technology sectors in targeted foreign
countries or entities concerned, of the imposition of
unilateral economic sanctions by the United States. The report
shall cover the same period as the report by the President
under subsection (a) and shall be included with the President's
report under subsection (a).
(3) Securities and exchange commission.--The Securities and
Exchange Commission shall prepare and submit to the President
an annual report on the costs and benefits on securities
markets within the United States, and, to the extent possible,
the implications for the securities markets of targeted foreign
countries or entities concerned, of the imposition of
unilateral economic sanctions by the United States. The report
shall cover the same period as the report by the President
under subsection (a) and shall be included with the President's
report under subsection (a).
(4) Small business administration.--The Administrator of
the Small Business Administration shall prepare and submit to
the President an annual report on the costs and benefits on
small business concerns in the United States, and, to the
extent possible, the implications for small businesses of
targeted foreign countries or entities concerned, of the
imposition of unilateral economic sanctions by the United
States. The report shall cover the same period as the report by
the President under subsection (a) and shall be included with
the President's report under subsection (a).
(c) Details of Reports.--
(1) In general.--Each report under subsection (a) shall set
forth the costs and benefits of unilateral economic sanctions
to specific sectors of the United States economy, including the
services sector, expressed in terms of economic indicators.
Among other indicators, the report shall compare levels of
imports and exports of domestic products and services with
those of internationally competitive products and services. The
analyses in the reports under subsection (a) shall be presented
in a consistent fashion so as to ensure an accurate comparison
of the costs and effects of unilateral economic sanctions from
year to year. Each report shall, as well as stating current
effects, project future effects of the unilateral economic
sanctions at issue.
(2) Economic effects on targeted countries or entities.--To
the extent possible, each report shall address the economic
effects of unilateral economic sanctions on the countries and
entities on which the sanctions are imposed, and the extent to
which the foreign policy goals of the United States have been
achieved by the sanctions. The report shall also project the
economic effects of the continued application of unilateral
economic sanctions on each such country or entity and how this
will further achieve the foreign policy goals of the United
States.
(3) Relationship to specific sanctions.--The analyses in
each report under subsection (a) and (b) shall be made with
respect to the specific provision of law or Executive Order
imposing the sanctions addressed in the report.
(d) Applicability.--The reports under this section shall apply to
unilateral economic sanctions imposed before the enactment of this Act
that are in effect during the period covered by the reports, and to
unilateral economic sanctions imposed on or after the date of the
enactment of this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) Unilateral economic sanction.--
(A) In general.--The term ``unilateral economic
sanction'' means any prohibition, restriction, or
condition on economic activity, including economic
assistance, with respect to a foreign country or
foreign entity that is imposed by the United States for
reasons of foreign policy or national security,
including any of the measures described in subparagraph
(B), except in a case in which the United States
imposes the measure pursuant to a multilateral regime
and the other members of that regime have agreed to
impose substantially equivalent measures.
(B) Particular measures.--The measures referred to
in subparagraph (A) are the following:
(i) The suspension, restriction, or
prohibition of exports or imports of any
product, technology, or service to or from a
foreign country or entity.
(ii) The suspension of, or any restriction
or prohibition on, financial transactions with
a foreign country or entity.
(iii) The suspension of, or any restriction
or prohibition on, direct or indirect
investment in or from a foreign country or
entity.
(iv) The imposition of increased tariffs
on, or other restrictions on imports of,
products of a foreign country or entity,
including the denial, revocation, or
conditioning of nondiscriminatory trade
treatment (normal trade relations treatment).
(v) The suspension of, or any restriction
or prohibition on--
(I) the authority of the Export-
Import Bank of the United States to
give approval to the issuance of any
guarantee, insurance, or extension of
credit in connection with the export of
goods or services to a foreign country
or entity;
(II) the authority of the Trade and
Development Agency to provide
assistance in connection with projects
in a foreign country or in which a
particular foreign entity participates;
or
(III) the authority of the Overseas
Private Investment Corporation to
provide insurance, reinsurance, or
financing, or conduct other activities
in connection with projects in a
foreign country or in which a
particular foreign entity participates.
(vi) Any prohibition or restriction on the
sale, export, lease, or other transfer of any
defense article, defense service, or design and
construction service under the Arms Export
Control Act, or on any financing provided under
that Act.
(vii) A requirement that the United States
representative to an international financial
institution vote against any loan or other
utilization of funds to, for, or in a foreign
country or particular foreign entity.
(viii) A measure imposing any restriction
or condition on economic activity on any
foreign government or entity on the grounds
that such government or entity does business in
or with a foreign country.
(ix) A measure imposing any restriction or
condition on economic activity on any person
that is a national of a foreign country, or on
any government or other entity of a foreign
country, on the grounds that the government of
that country has not taken measures in
cooperation with, or similar to, sanctions
imposed by the United States on a third
country.
(x) The suspension of, or any restriction
or prohibition on, travel rights or air
transportation to or from a foreign country.
(xi) Any restriction on the filing or
maintenance in a foreign country of any
proprietary interest in intellectual property
rights (including patents, copyrights, and
trademarks), including payment of patent
maintenance fees.
(C) Multilateral regime.--In this paragraph, the
term ``multilateral regime'' means an agreement,
arrangement, or obligation under which the United
States cooperates with other countries in restricting
commerce for reasons of foreign policy or national
security, including--
(i) obligations under resolutions of the
United Nations;
(ii) nonproliferation and export control
arrangements, such as the Australia Group, the
Nuclear Supplier's Group, the Missile
Technology Control Regime, and the Wassenaar
Arrangement;
(iii) treaty obligations, such as under the
Chemical Weapons Convention, the Treaty on the
Non-Proliferation of Nuclear Weapons, and the
Biological Weapons Convention; and
(iv) agreements concerning protection of
the environment, such as the International
Convention for the Conservation of Atlantic
Tunas, the Declaration of Panama referred to in
section 2(a)(1) of the International Dolphin
Conservation Act (16 U.S.C. 1361 note), the
Convention on International Trade in Endangered
Species, the Montreal Protocol on Substances
that Deplete the Ozone Layer, and the Basel
Convention on the Control of Transboundary
Movements of Hazardous Wastes.
(D) Economic assistance.--In this paragraph, the
term ``economic assistance'' means--
(i) any assistance under part I or chapter
2, 4, 5, or 8 of part II of the Foreign
Assistance Act of 1961 (including programs
under title IV of chapter 2, relating to the
Overseas Private Investment Corporation), any
benefits under part IV of that Act (relating to
the Enterprise for the Americas Initiative), or
any benefits under part V of that Act, relating
to tropical forest preservation;
(ii) the provision of agricultural
commodities, or other assistance or benefits,
under the Agricultural Trade Development and
Assistance Act of 1954, including the
Enterprise for the Americas Initiative; and
(iii) any assistance under the FREEDOM
Support Act or the Support for East European
Democracy (SEED) Act of 1989.
(E) Financial transaction.--In this paragraph, the
term ``financial transaction'' has the meaning given
that term in section 1956(c)(4) of title 18, United
States Code.
(F) Investment.--In this paragraph, the term
``investment'' means any contribution or commitment of
funds, commodities, services, patents, or other forms
of intellectual property, processes, or techniques,
including--
(i) a loan or loans;
(ii) the purchase of a share of ownership;
(iii) participation in royalties, earnings,
or profits; and
(iv) the furnishing or commodities or
services pursuant to a lease or other contract.
(G) Exclusions.--The term ``unilateral economic
sanction'' does not include--
(i) any measure imposed to remedy unfair
trade practices or to enforce United States
rights under a trade agreement, including under
section 337 of the Tariff Act of 1930, title
VII of that Act, title III of the Trade Act of
1974, and sections 1374, 1376, and 1377 of the
Omnibus Trade and Competitiveness Act of 1988
(19 U.S.C. 3103, 3106, and 3107);
(ii) any measure imposed to remedy market
disruption or to respond to injury to a
domestic industry for which increased imports
are a substantial cause or threat thereof,
including remedies under sections 201, 406,
421, and 422 of the Trade Act of 1974, and
textile import restrictions (including those
imposed under section 204 of the Agricultural
Act of 1956 (7 U.S.C. 1784));
(iii) any measure imposed to restrict
imports of agricultural commodities to protect
food safety or to ensure the orderly marketing
of commodities in the United States, including
actions taken under section 22 of the
Agricultural Adjustment Act (7 U.S.C. 624);
(iv) any measure imposed to restrict
imports of any other products in order to
protect domestic health or safety; and
(v) any measure authorized by, or imposed
under, a multilateral or bilateral trade
agreement to which the United States is a
signatory, including the Uruguay Round
Agreements (as defined in section 2 of the
Uruguay Round Agreements Act (19 U.S.C. 3501)),
the North American Free Trade Agreement, the
United States-Israel Free Trade Agreement, and
the United States-Canada Free Trade Agreement.
(2) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102(1)
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)). | Unilateral Sanction Reporting Act - Directs the President to report annually to all committees of Congress with jurisdiction affected by U.S. policies on unilateral economic sanctions on: (1) the costs and benefits within the United States, and, to the extent possible, the economic implications for the targeted foreign countries or entities concerned, of the imposition of unilateral economic U.S. sanctions during the previous calendar year; and (2) the policy goals intended to be achieved by such sanctions, and the extent to which they were achieved. Requires other specified reports with respect to such sanctions. Defines "unilateral economic sanction" to include export and import restrictions, financial transaction suspensions, investment suspensions, increased tariffs, restrictions on the authority of the Export-Import Bank, restrictions on defense articles, and voting requirements for U.S. representatives to international financial institutions. | To require the President to report annually to the Congress on the effects of the imposition of unilateral economic sanctions by the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Health Care at Lower Cost
Act of 2013''.
SEC. 2. EXCEPTION AND SAFE HARBOR FROM FEDERAL SANCTIONS FOR INCENTIVE
PAYMENTS FROM HOSPITALS TO PHYSICIANS UNDER CERTAIN
INCENTIVE PAYMENT PROGRAMS.
(a) Findings.--Congress finds the following:
(1) The Department of Health and Human Services has been
engaged in approving, on a project-by-project basis, gain-
sharing arrangements under demonstration authority for nearly a
decade. Based on the knowledge gained from such demonstration
projects, the Department is capable of developing and applying
standards for permitting such arrangements more generally
without the use of such authority.
(2) The Inspector General of the Department of Health and
Human Services has issued a special advisory bulletin in July
1999 that indicates that there is no general authority for
waiving sanctions for any gain-sharing arrangements between
physicians and hospitals.
(3) Due to lack of capitalization, size limitations, risk
characteristics, and other factors, many hospitals and
physicians have been unable or unwilling to enter into gain-
sharing types of arrangements that meet the requirements of the
shared savings program.
(b) Purpose.--The purpose of this section is to establish general
statutory authority within the Department of Health and Human Services
to recognize gain-sharing and other incentive payment programs, other
than the shared savings program, that align incentives among hospitals
and physicians to improve efficiency and decrease costs while
maintaining or improving quality care.
(c) Exception From Physician Self-Referral Prohibition.--Section
1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is amended by
adding at the end the following new paragraph:
``(9) Payments under certain incentive payment programs
between hospitals and physicians.--
``(A) In general.--In the case of a monetary
incentive payment which is made by a hospital to a
physician under an incentive payment program (as
defined in subparagraph (B)) that meets requirements
established by the Secretary in consultation with the
Attorney General and the Inspector General of the
Department of Health and Human Services for purposes of
this paragraph.
``(B) Incentive payment program defined.--In this
paragraph, the term `incentive payment program' means a
program that is designed to align incentives among
hospitals and physicians (through techniques such as
product standardization, the substitution of lower cost
products, and care coordination initiatives that
encourage medically appropriate decreases in length of
stay) to improve efficiency and decrease costs while
maintaining or improving quality.''.
(d) Safe Harbor From Antikickback and Other Federal Sanctions.--
(1) Section 1128B(b)(3) of the Social Security Act (42
U.S.C. 1320a-7b(b)(3)) is amended--
(A) by striking ``and'' at the end of subparagraph
(I);
(B) in subparagraph (J), by moving the indentation
2 ems to the left and by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(K) any monetary incentive payment which is made by a
hospital to a physician under an incentive payment program (as
defined in subparagraph (B) of section 1877(e)(9)) that meets
requirements established by the Inspector General of the
Department of Health and Human Services in consultation with
the Attorney General for purposes of applying this subparagraph
(which requirements needs not be the same as those established
under subparagraph (A) of such section).''.
(2) Section 1128A(b)(1) of the Social Security Act (42
U.S.C. 1320a-7a(b)(1)) is amended by inserting ``(other than a
monetary incentive payment described in section
1128B(b)(3)(K))'' after ``makes a payment''.
(e) Publication of Guidance.--The Secretary of Health and Human
Services and the Inspector General of the Department of Health and
Human Services--
(1) not later than 6 months after the date of the enactment
of this Act, shall jointly publish a solicitation of comments
to carry out the amendments made by this section; and
(2) not later than 12 months after such date of enactment,
shall publish, jointly or separately, such guidance or rules,
which may be effective on an interim, final basis, as may be
necessary to carry out such amendments in a timely manner.
(f) Construction.--Nothing in this section (or the amendments made
by this section) shall be construed as affecting the operation of the
shared savings program.
(g) Shared Savings Program Defined.--In this section, the term
``shared savings program'' means such program under section 1899 of the
Social Security Act (42 U.S.C. 1395jjj). | Improved Health Care at Lower Cost Act of 2013 - Amends title XVIII (Medicare) and XI of the Social Security Act with respect to the prohibition against certain (potential financial conflict-of-interest) physician referrals. Excepts from the physician self-referral prohibition any monetary incentive payments made by hospitals to physicians under certain incentive payment programs designed to align incentives among hospitals and physicians (through techniques such as product standardization, the substitution of lower cost products, and care coordination initiatives that encourage medically appropriate decreases in length of stay) to improve efficiency and decrease costs while maintaining or improving quality. Exempts such monetary incentive payments (creates a safe harbor for them) from federal criminal antikickback and other sanctions. | Improved Health Care at Lower Cost Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildlife Penning Prohibition Act''.
SEC. 2. ADDITION OF WILDLIFE USED IN PENNED DOG TRAINING ACTIVITIES TO
DEFINITION OF PROHIBITED WILDLIFE SPECIES.
Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(g)) is amended by inserting before the period at the end ``, or
any wildlife, other than birds, used or intended to be used in dog
training activities in which coyotes, foxes or other wildlife species
(other than birds) are pursued, harassed, or killed within an
enclosure''.
SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``or'' after the semicolon;
(ii) in subparagraph (B), by striking ``;
or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by inserting ``or subsection
(e)'' before the period; and
(2) in subsection (e)--
(A) by redesignating paragraphs (2), (3), (4) and
(5) as paragraphs (3), (4), (5) and (6) respectively;
(B) by striking ``(e)'' and all that follows
through ``Subsection (a)(2)(C)'' in paragraph (1) and
inserting the following:
``(e) Captive Wildlife Offense.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce any live animal of any
prohibited wildlife species.
``(2) Nonapplicability.--This subsection'';
(C) in paragraph (2) (as redesignated by
subparagraph (A))--
(i) by striking ``a prohibited'' and
inserting ``any prohibited'';
(ii) by striking ``(3)'' and inserting
``(4)''; and
(iii) by striking ``(2)'' and inserting
``(3)'';
(D) in paragraph (3) (as redesignated by
subparagraph (A))--
(i) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species''; and
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(ii) in subparagraph (D), by striking
``animal'' each place it appears and inserting
``prohibited wildlife species'';
(E) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``(2)'' and inserting
``(3)'';
(F) in paragraph (6) (as redesignated by
subparagraph (A)), by striking ``subsection (a)(2)(C)''
and inserting ``this subsection''; and
(G) by inserting after paragraph (6) (as
redesignated by subparagraph (A)) the following:
``(7) Application.--This subsection shall apply beginning
on the effective date of regulations promulgated under this
subsection.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (d), and (e)''; and
(2) in paragraph (1), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by striking ``subsections (b) and
(d)'' each place it appears and inserting ``subsections (b),
(d), and (e)''; and
(2) in paragraph (3), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(d) Correction of Prior Amendment.--
(1) Correction.--Section 102(c) of Public Law 100-653 (102
Stat. 3826) is amended by striking ``section 3(b)'' and
inserting ``subsection 3(b)''.
(2) Effective date.--This subsection shall take effect upon
enactment of Public Law 100-653.
SEC. 4. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b). | Wildlife Penning Prohibition Act - Amends the Lacey Act Amendments of 1981 to add wildlife, other than birds, used or intended to be used in dog training activities (i.e., activities in which coyotes, foxes, or other wildlife species are pursued, harassed, or killed within an enclosure) to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce.
Makes it unlawful for a person to sell or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth: (1) exceptions to such prohibition; and (2) civil and criminal penalties for violations of the requirements of this Act. | To amend the Lacey Act Amendments of 1981 to treat wildlife, other than birds, used or intended to be used in penned dog training activities as prohibited wildlife species under that Act, to make corrections in the provisions relating to captive wildlife offenses under that Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Survey of Cannabis Use Act''.
SEC. 2. SURVEY ON CANNABIS USE BY VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall seek to
enter into an agreement with a federally funded research and
development center to conduct surveys nationwide to measure cannabis
use by veterans.
(b) Selection.--The Secretary shall select a federally funded
research and development center under subsection (a) from among such
centers that has--
(1) expertise and a record of independent, peer-reviewed
publications with respect to--
(A) behavioral health research; and
(B) conducting independent evaluations of mental
health programs using multidisciplinary methods; and
(2) an in-depth knowledge of all State medicinal marijuana
programs and the ability to tailor the surveys under subsection
(a) accordingly.
(c) Conduct of Surveys.--The surveys conducted under subsection (a)
shall meet the following criteria:
(1) One survey shall collect information from veterans who
use cannabis, including both veterans enrolled in the health
care system established under section 1705(a) of title 38,
United States Code, and veterans who are not so enrolled.
(2) One survey shall collect information from health care
providers of the Department of Veterans Affairs.
(3) Each survey shall be conducted in a manner that ensures
the anonymity of the individual being surveyed.
(d) Matters Surveyed.--
(1) Veterans.--The survey described in subsection (c)(1)
shall cover the following subjects:
(A) The current medicinal cannabis use by the
veteran, or the intent or desire by the veteran to use
medicinal cannabis, and the reasons for such use,
intent, or desire.
(B) The conditions, symptoms, or both, that the
veteran uses cannabis to treat.
(C) The types of cannabis and cannabis products
used by the veteran, including with respect to--
(i) tetrahydrocannabinol or cannabidiol
content;
(ii) indica, sativa, mixes, or hybrids; and
(iii) flower, oils, hash or kief,
concentrates (wax, shatter, budder), edibles,
drinks, tinctures, and topical ointments.
(D) Other medications taken by the veteran
concurrently with cannabis and any medications the
veteran stopped using because of the use of cannabis.
(E) How the veteran is self-administering medicinal
cannabis, including--
(i) the method;
(ii) the typical times each day the veteran
self-administers;
(iii) the frequency of different products
per day and for what condition, symptom, or
both; and
(iv) the amounts per product.
(F) The ratings and descriptions of the
effectiveness of using cannabis to treat conditions,
symptoms, or both.
(G) Any experiences with side effects.
(H) The number of different cannabis products tried
before settling on the current product.
(I) The typical source of medical cannabis (such as
a single dispensary, multiple dispensaries, mail order,
or other source), the typical purchase frequency, and
the typical amount purchased.
(J) The sources of information the veteran uses for
products and dosages.
(K) Factors that influence the choice of the
veteran for using a chosen product (such as with
respect to the levels of tetrahydrocannabinol or
cannabidiol content, cost, availability, consistency,
or strain).
(L) Any other matters determined appropriate.
(2) Health care providers.--The survey described in
subsection (c)(2) shall cover the following subjects:
(A) A description of the experience of the health
care provider with respect to patents using medicinal
cannabis.
(B) A description by the health care provider of
how medicinal cannabis is changing patients.
(C) A description of how treatment plans have been
modified after a veteran discloses using cannabis.
(D) Any documentation of the products, dosages, or
frequency of such cannabis use in the medical records
of the veteran.
(E) Reporting of adverse events.
(F) The sources of information used by the health
care provider with respect to cannabis products and the
medical effectiveness of cannabis.
(G) Any other matters determined appropriate.
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the results of the surveys conducted under this section. | VA Survey of Cannabis Use Act This bill requires the Department of Veterans Affairs (VA) to provide for a survey of veterans and VA health care providers regarding cannabis use by veterans. | VA Survey of Cannabis Use Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Education Program
Enhancement Act of 2004''.
SEC. 2. PROVISION FOR ANNUAL AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Title VIII of the Intelligence Authorization Act
for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as amended
by section 311(c) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103-178; 107 Stat. 2037), is amended by adding at the
end of section 810 the following new subsection:
``(c) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $8,000,000, to carry out the scholarship, fellowship, and grant
programs under subparagraphs (A), (B), and (C), respectively, of
section 802(a)(1).''.
(b) Conforming Amendment.--Section 802(a)(2) of such Act (50 U.S.C.
1902(a)(2)) is amended in the matter preceding subparagraph (A) by
inserting ``or from an appropriation pursuant to the authorization
under section 810(c)''.
SEC. 3. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL
SECURITY EDUCATION PROGRAM.
(a) In General.--Subsection (b)(2) of section 802 of title VIII of
the Intelligence Authorization Act for Fiscal Year 1992 (Public Law
102-183; 105 Stat. 1273), as amended by section 925(a) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1578), is amended by striking subparagraphs (A) and (B), and
inserting the following:
``(A) in the case of a recipient of a scholarship,
as soon as practicable but in no case later than three
years after the completion by the recipient of the
study for which scholarship assistance was provided
under the program, the recipient shall work for a
period of one year--
``(i) in a national security position that
the Secretary certifies is appropriate to use
the unique language and region expertise
acquired by the recipient pursuant to such
study in the Department of Defense, in any
element of the intelligence community, in the
Department of Homeland Security, or in the
Department of State; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); or
``(B) in the case of a recipient of a fellowship,
as soon as practicable but in no case later than two
years after the completion by the recipient of the
study for which fellowship assistance was provided
under the program, the recipient shall work for a
period equal to the duration of assistance provided
under the program, but in no case less than one year--
``(i) in a position described in
subparagraph (A)(i) that the Secretary
certifies is appropriate to use the unique
language and region expertise acquired by the
recipient pursuant to such study; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); and''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendment made by subsection (a). In
prescribing such regulations, the Secretary shall establish standards
that recipients of scholarship and fellowship assistance under the
program under such section 802 are required to demonstrate to satisfy
the requirement of a good faith effort to gain employment as required
under subparagraphs (A) and (B) of subsection (b)(2) of such section.
(c) Applicability.--(1) The amendment made by subsection (a) shall
apply with respect to service agreements entered into under the David
L. Boren National Security Education Act of 1991 on or after the date
of the enactment of this Act.
(2) The amendment made by subsection (a) shall not affect the
force, validity, or terms of any service agreement entered into under
the David L. Boren National Security Education Act of 1991 before the
date of the enactment of this Act that is in force as of that date.
SEC. 4. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) Increase in Annual Funding.--Title VIII of the Intelligence
Authorization Act for Fiscal Year 1992 (Public Law 102-183; 105 Stat.
1271), as amended by section 311(c) of the Intelligence Authorization
Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037) and by
section 333(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; 116 Stat. 2397), is amended by striking
section 811 and inserting the following new section 811:
``SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
``(a) Authorization of Appropriations for Fiscal Years 2003 and
2004.--In addition to amounts that may be made available to the
Secretary under the Fund for a fiscal year, there is authorized to be
appropriated to the Secretary for each fiscal year, beginning with
fiscal year 2003, $10,000,000, to carry out the grant program for the
National Flagship Language Initiative under section 802(a)(1)(D).
``(b) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $12,000,000, to carry out the grant program for the National
Flagship Language Initiative under section 802(a)(1)(D).
``(c) Availability of Appropriated Funds.--Amounts made available
under this section shall remain available until expended.''.
(b) Requirement for Employment Agreements.--(1) Section 802(i) of
the David L. Boren National Security Education Act of 1991 (50 U.S.C.
1902(i)) is amended by adding at the end the following new paragraph:
``(5)(A) In the case of an undergraduate or graduate student that
participates in training in programs under paragraph (1), the student
shall enter into an agreement described in subsection (b), other than
such a student who has entered into such an agreement pursuant to
subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
``(B) In the case of a student who is an employee of an agency or
department of the Federal Government that participates in training in
programs under paragraph (1), the employee shall agree in writing--
``(i) to continue in the service of the agency or
department of the Federal Government employing the student for
the period of such training;
``(ii) to continue in the service of such agency or
department employing the student following completion of such
training for a period of two years for each year, or part of
the year, of such training;
``(iii) to reimburse the United States for the total cost
of such training (excluding the student's pay and allowances)
provided to the student if, before the completion by the
student of the training, the employment of the student by the
agency or department is terminated due to misconduct by the
recipient or by the recipient voluntarily; and
``(iv) to reimburse the United States if, after completing
such training, the employment of the student by the agency or
department is terminated either by the agency or department due
to misconduct by the student or by the student voluntarily,
before the completion by the student of the period of service
required in clause (ii), in an amount that bears the same ratio
to the total cost of the training (excluding the student's pay
and allowances) provided to the student as the unserved portion
of such period of service bears to the total period of service
under clause (ii).
``(C) Subject to subparagraph (D), the obligation to reimburse the
United States under an agreement under subparagraph (A) is for all
purposes a debt owing the United States.
``(D)(i) A discharge in bankruptcy under title 11, United States
Code, shall not release a person from an obligation to reimburse the
United States under an agreement under subparagraph (A) if the final
decree of the discharge in bankruptcy is issued within five years after
the last day of the combined period of service obligation described in
clauses (i) and (ii) of subparagraph (B).
``(ii) The head of an element of the intelligence community may
release a recipient, in whole or in part, from the obligation to
reimburse the United States under an agreement under subparagraph (A)
when, in the discretion of the head of the element, the head of the
element determines that equity or the interests of the United States so
require.''.
(2) The amendment made by paragraph (1) shall apply to training
that begins on or after the date that is 90 days after the date of the
enactment of this Act.
(c) Increase in the Number of Participating Educational
Institutions.--The Secretary of Defense shall take such steps as the
Secretary determines will increase the number of qualified educational
institutions that receive grants under the National Flagship Language
Initiative to establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve
advanced levels of proficiency in those foreign languages that the
Secretary identifies as being the most critical in the interests of the
national security of the United States.
(d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National
Flagship Language Initiative may support students who pursue total
immersion foreign language studies overseas of foreign languages that
are critical to the national security of the United States.
SEC. 5. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE
STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED
STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) Scholarship Program for English Language Studies for Heritage
Community Citizens of the United States.--(1) Subsection (a)(1) of
section 802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) awarding scholarships to students who--
``(i) are United States citizens who--
``(I) are native speakers (commonly
referred to as heritage community
residents) of a foreign language that
is identified as critical to the
national security interests of the
United States who should be actively
recruited for employment by Federal
security agencies with a need for
linguists; and
``(II) are not proficient at a
professional level in the English
language with respect to reading,
writing, and interpersonal skills
required to carry out the national
security interests of the United
States, as determined by the Secretary,
to enable such students to pursue English
language studies at an institution of higher
education of the United States to attain
proficiency in those skills; and
``(ii) enter into an agreement to work in a
national security position or work in the field
of education in the area of study for which the
scholarship was awarded in a similar manner (as
determined by the Secretary) as agreements
entered into pursuant to subsection
(b)(2)(A).''.
(2) The matter following subsection (a)(2) of such section is
amended--
(A) in the first sentence, by inserting ``or for the
scholarship program under paragraph (1)(E)'' after ``under
paragraph (1)(D) for the National Flagship Language Initiative
described in subsection (i)''; and
(B) by adding at the end the following: ``For the authorization of
appropriations for the scholarship program under paragraph (1)(E), see
section 812.''.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is
amended by inserting before the period the following: ``and section
802(a)(1)(E) (relating to scholarship programs for advanced English
language studies by heritage community residents).''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE
COMMUNITY RESIDENTS.
``(a) Funding From Intelligence Community Management Account.--In
addition to amounts that may be made available to the Secretary under
the Fund for a fiscal year, the Director of Central Intelligence shall
transfer to the Secretary from amounts appropriated for the
Intelligence Community Management Account for each fiscal year,
beginning with fiscal year 2005, $4,000,000, to carry out the
scholarship programs for English language studies by certain heritage
community residents under section 802(a)(1)(E).
``(b) Availability of Funds.--Amounts made available under
subsection (a) shall remain available until expended.''. | National Security Education Program Enhancement Act of 2004 - Amends the Intelligence Authorization Act for Fiscal Year 1992 to require the Director of Central Intelligence (DCI) to transfer specified amounts to the Secretary of Education from Intelligence Community Management (ICM) appropriations to carry out national security education scholarship, fellowship, and grant programs.
Revises post-education service obligations for such programs to: (1) allow a delay in the commencement of service obligations; (2) require only a one-year obligation for scholarship recipients; and (3) allow service obligations to be served with a variety of Federal agencies.
Requires the DCI to transfer ICM funds to carry out grant programs for the National Flagship Language Initiative (an Initiative for achieving advanced proficiency in languages designated as critical to national security).
Amends the David L. Boren National Security Education Act of 1991 to require students receiving training under the Initiative to enter into service agreements with the intelligence community element providing such training or reimburse the United States.
Directs the Secretary of Defense to take steps to increase the number of qualified educational institutions receiving Initiative grants.
Authorizes the Secretary of Defense to award scholarships to U.S. citizens who are native speakers of languages designated as critical and not proficient at a professional level in English to enable them to pursue English studies. Requires recipients to enter into service agreements. Requires the DCI to transfer ICM funds to carry out such program. | To amend title VIII of the Intelligence Authorization Act for Fiscal Year 1992, as amended, to revise the funding mechanism for scholarships, fellowships, and grants to institutions under the National Security Education Program, and for other purposes. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The unpaid volunteer members of the Civil Air Patrol
(hereafter in this Act referred to as the ``CAP'') during World
War II provided extraordinary humanitarian, combat and national
services during a critical time of need for the Nation.
(2) During the war, CAP members used their own aircraft to
perform a myriad of essential tasks for the military and the
Nation within the United States including attacks on enemy
submarines off the Atlantic and Gulf of Mexico coasts of the
United States.
(3) This extraordinary national service set the stage for
the post-war CAP to become a valuable nonprofit, public service
organization chartered by Congress and designated the Auxiliary
of the United States Air Force that provides essential
emergency, operational, and public services to communities,
States, the Federal Government, and the military.
(4) The CAP was established, initially as a part of the
Office of Civil Defense, by air-minded citizens one week before
the surprise attack on Pearl Harbor, Hawaii, on December 1,
1941, out of the desire of civil airmen of the country to be
mobilized with their equipment in the common defense of the
Nation.
(5) Within days of the start of the war, the German Navy
started a massive submarine offensive, known as Operation
Drumbeat, off the east coast of the United States against oil
tankers and other critical shipping that threatened the overall
war effort.
(6) Neither the Navy nor the Army had enough aircraft,
ships, or other resources to adequately patrol and protect the
shipping along the Atlantic and Gulf of Mexico coasts of the
United States, and many ships were torpedoed and sunk, often
within sight of civilians on shore, including 52 tankers sunk
between January and March 1942.
(7) At that time General George Marshall remarked that
``[t]he losses by submarines off our Atlantic seaboard and in
the Caribbean now threaten our entire war effort''.
(8) From the beginning CAP leaders urged the military to
use its services to patrol coastal waters but met with great
resistance because of the nonmilitary status of CAP civilian
pilots.
(9) Finally, in response to the ever-increasing submarine
attacks, the Tanker Committee of the Petroleum Industry War
Council urged the Navy Department and the War Department to
consider the use of the CAP to help patrol the sea lanes off
the coasts of the United States.
(10) While the Navy initially rejected this suggestion, the
Army decided it had merit, and the Civil Air Patrol Coastal
Patrol began in March 1942.
(11) Oil companies and other organizations provided funds
to help pay for some CAP operations, including vitally needed
shore radios that were used to monitor patrol missions.
(12) By late March 1942, the Navy also began to use the
services of the CAP.
(13) Starting with three bases located in Delaware,
Florida, and New Jersey, CAP aircrews (ranging in age from 18
to over 80) immediately started to spot enemy submarines as
well as lifeboats, bodies, and wreckage.
(14) Within 15 minutes of starting his patrol on the first
Coastal Patrol flight, a pilot had sighted a torpedoed tanker
and was coordinating rescue operations.
(15) Eventually 21 bases, ranging from Bar Harbor, Maine,
to Brownsville, Texas, were set up for the CAP to patrol the
Atlantic and Gulf of Mexico coasts of the United States, with
40,000 volunteers eventually participating.
(16) The CAP used a wide range of civilian-owned aircraft,
mainly light-weight, single-engine aircraft--manufactured by
Cessna, Beech, Waco, Fairchild, Stinson, Piper, Taylorcraft,
and Sikorsky, among others--as well as some twin engine
aircraft such as the Grumman Widgeon.
(17) Most of these aircraft were painted in their civilian
prewar colors (red, yellow, blue, etc.) and carried special
markings (a blue circle with a white triangle) to identify them
as CAP aircraft.
(18) Patrols were conducted up to 100 miles off shore,
generally with 2 aircraft flying together, in aircraft often
equipped with only a compass for navigation and a single radio
for communication.
(19) Due to the critical nature of the situation, CAP
operations were conducted in bad weather as well as good, often
when the military was unable to fly, and in all seasons
including the winter, when ditching an aircraft in cold water
would likely mean certain death to the aircrew.
(20) Personal emergency equipment was often lacking,
particularly during early patrols where inner tubes and kapok
duck hunter vests were carried as flotation devices since ocean
worthy wet suits, life vests, and life rafts were unavailable.
(21) The initial purpose of the Coastal Patrol was to spot
submarines, report their position to the military, and force
them to dive below the surface, which limited their operating
speed and maneuverability and reduced their ability to detect
and attack shipping because attacks against shipping were
conducted while the submarines were surfaced.
(22) It immediately became apparent that there were
opportunities for CAP pilots to attack submarines, such as when
a Florida CAP aircrew came across a surfaced submarine that
quickly stranded itself on a sand bar. However, the aircrew
could not get any assistance from armed military aircraft
before the submarine freed itself.
(23) Finally, after several instances when the military
could not respond in a timely manner, a decision was made by
the military to arm CAP aircraft with 50- and 100-pound bombs,
and to arm some larger twin-engine aircraft with 325-pound
depth charges.
(24) The arming of CAP aircraft dramatically changed the
mission for these civilian aircrews and resulted in more than
57 attacks on enemy submarines.
(25) While CAP volunteers received $8 a day flight
reimbursement for cost incurred, their patrols were
accomplished at a great economic cost to many CAP members who--
(A) used their own aircraft and other equipment in
defense of the Nation;
(B) paid for much of their own aircraft maintenance
and hangar use; and
(C) often lived in the beginning in primitive
conditions along the coast, including old barns and
chicken coops converted for sleeping.
(26) More importantly, the CAP Coastal Patrol service came
at the high cost of 26 fatalities, 7 serious injuries, and 90
aircraft lost.
(27) At the conclusion of the 18-month Coastal Patrol, the
heroic CAP aircrews would be credited with the following:
(A) 2 submarines possibly damaged or destroyed;
(B) 57 submarines attacked;
(C) 82 bombs dropped against submarines;
(D) 173 radio reports of submarine positions (with
a number of credited assists for kills made by military
units);
(E) 17 floating mines reported;
(F) 36 dead bodies reported;
(G) 91 vessels in distress reported;
(H) 363 survivors in distress reported;
(I) 836 irregularities noted;
(J) 1,036 special investigations at sea or along
the coast;
(K) 5,684 convoy missions as aerial escorts for
Navy ships;
(L) 86,685 total missions flown;
(M) 244,600 total flight hours logged; and
(N) more than 24,000,000 total miles flown.
(28) It is believed that at least one high-level German
Navy Officer credited CAP as one reason that submarine attacks
moved away from the United States when he concluded that ``[i]t
was because of those damned little red and yellow planes!''.
(29) CAP was dismissed from coastal missions with little
thanks in August 1943 when the Navy took over the mission
completely and ordered CAP to stand down.
(30) While the Coastal Patrol was ongoing, CAP was also
establishing itself as a vital wartime service to the military,
States, and communities nationwide by performing a wide range
of missions including among others--
(A) border patrol;
(B) forest and fire patrols;
(C) military courier flights for mail, repair and
replacement parts, and urgent military deliveries;
(D) emergency transportation of military personnel;
(E) target towing (with live ammunition being fired
at the targets and seven lives being lost) and
searchlight tracking training missions;
(F) missing aircraft and personnel searches;
(G) air and ground search and rescue for missing
aircraft and personnel;
(H) radar and aircraft warning system training
flights;
(I) aerial inspections of camouflaged military and
civilian facilities;
(J) aerial inspections of city and town blackout
conditions;
(K) simulated bombing attacks on cities and
facilities to test air defenses and early warning;
(L) aerial searches for scrap metal materials;
(M) river and lake patrols including aerial surveys
for ice in the Great Lakes;
(N) support of war bond drives;
(O) management and guard duties at hundreds of
airports;
(P) support for State and local emergencies such as
natural and manmade disasters;
(Q) predator control;
(R) rescue of livestock during floods and
blizzards;
(S) recruiting for the Army Air Force;
(T) initial flight screening and orientation
flights for potential military recruits;
(U) mercy missions including the airlift of plasma
to central blood banks;
(V) nationwide emergency communications services;
and
(W) a cadet youth program which provided aviation
and military training for tens of thousands.
(31) The CAP flew more than 500,000 hours on these
additional missions, including, for example--
(A) 20,500 missions involving target towing (with
live ammunition) and gun/searchlight tracking which
resulted in 7 deaths, 5 serious injuries, and the loss
of 25 aircraft;
(B) a courier service involving 3 major Air Force
Commands over a 2-year period carrying more than
3,500,000 pounds of vital cargo and 543 passengers;
(C) southern border patrol flying more than 30,000
hours and reporting 7,000 unusual sightings including a
vehicle (that was apprehended) with 2 enemy agents
attempting to enter the country;
(D) a week in February 1945 during which CAP units
rescued seven missing Army and Navy pilots; and
(E) a State in which the CAP flew 790 hours on
forest fire patrol missions and reported 576 fires to
authorities during a single year.
(32) On April 29, 1943, the CAP was transferred to the Army
Air Forces, thus beginning its long association with the United
States Air Force.
(33) Hundreds of CAP-trained women pilots joined military
women's units including the Women's Air Force Service Pilots
(WASP) program.
(34) Many members of the WASP program joined or rejoined
the CAP during the post-war period because it provided women
opportunities to fly and continue to serve the Nation that were
severely lacking elsewhere.
(35) Due to the exceptional emphasis on safety, unit and
pilot training and discipline, and the organization of the CAP,
by the end of the war a total of only 64 CAP members had died
in service and only 150 aircraft had been lost (including its
Coastal Patrol losses from early in the war).
(36) It is estimated that up to 100,000 civilians
(including youth in its cadet program) participated in CAP in
wide range of staff and operational positions and that CAP
aircrews flew a total of approximately 750,000 hours during the
war, most of which was in their own personal aircraft and often
at risk to their lives.
(37) After the war, at a CAP dinner for Congress, a quorum
of both Houses attended with the Speaker of the House of
Representatives and the President thanking CAP for its service.
(38) While air medals were issued for some of those
participating in the Coastal Patrol, little other recognition
was forthcoming for the myriad of services CAP volunteers
provided during the war.
(39) Despite some misguided efforts to end CAP at the end
of the war, the organization had proved its capabilities to the
Nation and strengthened its ties with the Air Force and
Congress.
(40) In 1946, Congress chartered the CAP as a nonprofit,
public service organization and in 1948 made CAP the Auxiliary
of the United States Air Force.
(41) Today the CAP conducts many of the same missions it
performed during World War II, including a vital role in
homeland security.
(42) CAP's wartime service was highly unusual and
extraordinary due to the unpaid civilian status of its members,
the use of privately-owned aircraft and personal funds by many
of its members, the myriad of humanitarian and national
missions flown for the Nation, and the fact that for 18 months,
during a time of great need for the United States, CAP flew
combat-related missions in support of military operations off
the Atlantic and Gulf of Mexico coasts.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award.--
(1) Authorized.--The President pro tempore of the Senate
and the Speaker of the House of Representatives shall make
appropriate arrangements for the award, on behalf of Congress,
of a single gold medal of appropriate design in honor of the
World War II members of the Civil Air Patrol collectively, in
recognition of the military service and exemplary record of the
Civil Air Patrol during World War II.
(2) Design and striking.--For the purposes of the award
referred to in paragraph (1), the Secretary of the Treasury
shall strike the gold medal with suitable emblems, devices, and
inscriptions, to be determined by the Secretary.
(3) Smithsonian institution.--
(A) In general.--Following the award of the gold
medal referred to in paragraph (1) in honor of all of
the World War II members of the Civil Air Patrol, the
gold medal shall be given to the Smithsonian
Institution, where it shall be displayed as appropriate
and made available for research.
(B) Sense of congress.--It is the sense of Congress
that the Smithsonian Institution should make the gold
medal received under this paragraph available for
display elsewhere, particularly at other locations
associated with the Civil Air Patrol.
(b) Duplicate Medals.--Under such regulations as the Secretary may
prescribe, the Secretary may strike and sell duplicates in bronze of
the gold medal struck under this Act, at a price sufficient to cover
the costs of the medals, including labor, materials, dies, use of
machinery, and overhead expenses, and the cost of the gold medal.
(c) National Medals.--Medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medals
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 2(b) shall be deposited in the United
States Mint Public Enterprise Fund. | Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a single Congressional Gold Medal to honor collectively the World War II members of the Civil Air Patrol (CAP) in recognition of their military service and exemplary record during World War II. Requires the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the CAP. Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals. | To award a Congressional Gold Medal to the World War II members of the Civil Air Patrol. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Distracted Driving Prevention Act of
2015''.
SEC. 2. DISTRACTED DRIVING GRANTS.
(a) In General.--Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1) by striking ``in paragraphs (2) and
(3)'' and inserting ``in paragraphs (2), (3), and (4)'';
(2) in paragraph (2)(C)--
(A) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(B) in clause (ii) by striking ``fines'' and
inserting ``penalties'';
(3) in paragraph (3)--
(A) in subparagraph (B) by striking ``offense;''
and inserting ``offense; and'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (D) as
subparagraph (C); and
(D) in subparagraph (C) (as redesignated by
subparagraph (C) of this paragraph)--
(i) in clause (i) by striking ``fine'' and
inserting ``penalty''; and
(ii) in clause (ii) by striking ``fines''
and inserting ``penalties'';
(4) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Prohibition on handheld cell phone use while
driving.--A State statute meets the requirements set forth in
this paragraph if the statute--
``(A) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
``(B) allows the use of a hands-free device by a
driver, other than a driver who has not attained the
age of 18 years, for initiating, conducting, or
receiving a telephone call;
``(C) makes violation of the law a primary offense;
and
``(D) establishes--
``(i) a minimum penalty for a first
violation of the law; and
``(ii) increased penalties for repeat
violations.'';
(6) in paragraph (5) (as redesignated by paragraph (4) of
this subsection) by striking ``in paragraphs (2) and (3)'' and
inserting ``in paragraphs (2), (3), and (4)''; and
(7) in paragraph (10) (as redesignated by paragraph (4) of
this subsection)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Penalty.--The term `penalty' means--
``(i) a fine;
``(ii) a number of points to be included on
a driver's record; or
``(iii) an action taken by a State that is
substantially similar to including points on a
driver's record.''.
(b) Applicability.--The amendments made in subsection (a) shall
take effect on October 1 of the first fiscal year beginning after the
date of enactment of this Act.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by motor vehicle
drivers.
(b) Scope.--The program established under subsection (a) shall
include studies with respect to--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into motor vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section, the
Secretary may grant research contracts to nongovernmental
entities to study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in motor
vehicles;
(B) portable electronic equipment commonly brought
into motor vehicles; or
(C) motor vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the program established under subsection (a).
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing problems associated with distracted driving. | Distracted Driving Prevention Act of 2015 The Department of Transportation (DOT) shall award distracted driving grants to states that enact and enforce a statute that: prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to call while driving, allows the use of a hands-free device by a driver (other than under age 18) to call, makes violation of the law a primary offense, and establishes certain minimum penalties for first violations and increased penalties for repeat violations. The DOT shall establish a research program to study distracted driving by motor vehicle drivers. The Federal Communications Commission shall report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. | Distracted Driving Prevention Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyberspace Warriors Act of 2011''.
SEC. 2. STUDY ON THE RECRUITMENT, RETENTION AND DEVELOPMENT OF
CYBERSPACE EXPERTS.
(a) Study.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with an independent entity to conduct a study
examining the availability of personnel for Department of
Defense defensive and offensive cyberspace operations,
identifying any gaps in meeting personnel needs, and
recommending available mechanisms to fill such gaps, including
permanent and temporary positions.
(2) Qualifications of organization selected.--The entity
selected to carry out the study under paragraph (1) shall
include experts with a demonstrated expertise in the fields of
national security and human capital development across the
various military services, encompassing active and reserve
component issues, previous experience in conducting research on
cyberspace personnel issues, policies, and strategies,
knowledge of cybersecurity, including in the private sector,
and on the basis of such other criteria as the Secretary of
Defense may determine.
(3) Access to information.--The Secretary of Defense shall
ensure that the entity conducting the study required under
paragraph (1) has access to all necessary data, records,
analysis, personnel, and other resources necessary to complete
the study.
(b) Report.--
(1) In general.--Not later than one year after entering
into a contract with an independent entity under subsection
(a), the Secretary of Defense shall submit to the congressional
defense committees a report containing the results of the study
conducted under such subsection.
(2) Matters to be covered.--The report required under
paragraph (1) shall include the following elements:
(A) A statement of capabilities and number of
cyberspace operations personnel required to meet the
defensive and offensive cyberspace operation
requirements of the Department of Defense.
(B) An assessment of the sufficiency of the numbers
and types of personnel available for cyberspace
operations, including an assessment of the balance of
military personnel, Department of Defense civilian
employees, and contractor positions, and the
availability of personnel with expertise in matters
related to cyberspace operations from outside of the
Department of Defense.
(C) A description of the obstacles to adequate
recruitment and retention of such personnel.
(D) An exploration of the various recruiting,
training, and affiliation mechanisms, such as the
reserve components, including the individual ready
reserves, the civilian expeditionary workforce,
corporate and university partnerships, the Reserve
Officers' Training Corps, and civilian auxiliaries to
address challenges to recruitment, retention, and
training.
(E) A description of incentives that enable and
encourage individuals with cyber skills from outside
the Department of Defense to affiliate with the Armed
Forces and civilian employees of the Department of
Defense through other types of service agreements, as
well as obstacles that discourage cyberspace experts
and the Department of Defense from implementing new
organizational constructs.
(F) Identification of legal, policy, or
administrative impediments to attracting and retaining
cyberspace operations personnel.
(G) Recommendations for legislative or policy
changes necessary to increase the availability of
cyberspace operations personnel.
(c) Submission of Comments.--Not later than 90 days after the
Secretary of Defense submits the report required under subsection (b),
the Secretary of Defense and the Secretaries of each of the military
departments shall submit to the congressional defense committees
comments on the findings and recommendations contained in the report.
(d) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means the Committees on
Armed Services and Appropriations of the Senate and the House
of Representatives.
(2) Cyberspace operations personnel.--The term ``cyberspace
operations personnel'' refers to members of the Armed Forces
and civilian employees of the Department of Defense involved
with the operations and maintenance of a computer network
connected to the global information grid, as well as offensive,
defensive, and exploitation functions of such a network.
(3) Military departments.--The term ``military
departments'' has the meaning given the term in section 101 of
title 10, United States Code. | Cyberspace Warriors Act of 2011 - Directs the Secretary of Defense to contract with an independent entity to study the availability of personnel for Department of Defense (DOD) defensive and offensive cyberspace operations, identifying any gaps in meeting personnel needs, and recommending available mechanisms to fill such gaps, including permanent and temporary positions.
Requires the Secretary to submit a report to Congress on the results of the study including: (1) a statement of capabilities and number of cyberspace operations personnel required to meet DOD defensive and offensive cyberspace operation requirements; (2) an assessment of the sufficiency of the numbers and types of personnel available for cyberspace operations, including the balance of military personnel, DOD civilian employees, contractor positions, and non-DOD personnel with cyberspace operations expertise; (3) an exploration of recruitment and retention obstacles and mechanisms and a description of incentives encouraging individuals from outside the DOD to affiliate with the Armed Forces and civilian DOD employees; and (4) identification of legal, policy, or administrative impediments including recommendations for legislative or policy changes.
Defines "cyberspace operations personnel" as members of the Armed Forces and civilian DOD employees involved with the operations and maintenance of a computer network connected to the global information grid, as well as offensive, defensive, and exploitation functions of such a network. | A bill to require a study on the recruitment, retention, and development of cyberspace experts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recalcitrant Cancer Research Act of
2012''.
SEC. 2. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:
``SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.
``(a) Development of Scientific Framework.--
``(1) In general.--For each recalcitrant cancer identified
under subsection (b), the Director of the Institute shall
develop (in accordance with subsection (c)) a scientific
framework for the conduct or support of research on such
cancer.
``(2) Contents.--The scientific framework with respect to a
recalcitrant cancer shall include the following:
``(A) Current status.--
``(i) Review of literature.--A summary of
findings from the current literature in the
areas of--
``(I) the prevention, diagnosis,
and treatment of such cancer;
``(II) the fundamental biologic
processes that regulate such cancer
(including similarities and differences
of such processes from the biological
processes that regulate other cancers);
and
``(III) the epidemiology of such
cancer.
``(ii) Scientific advances.--The
identification of relevant emerging scientific
areas and promising scientific advances in
basic, translational, and clinical science
relating to the areas described in subclauses
(I) and (II) of clause (i).
``(iii) Researchers.--A description of the
availability of qualified individuals to
conduct scientific research in the areas
described in clause (i).
``(iv) Coordinated research initiatives.--
The identification of the types of initiatives
and partnerships for the coordination of
intramural and extramural research of the
Institute in the areas described in clause (i)
with research of the relevant national research
institutes, Federal agencies, and non-Federal
public and private entities in such areas.
``(v) Research resources.--The
identification of public and private resources,
such as patient registries and tissue banks,
that are available to facilitate research
relating to each of the areas described in
clause (i).
``(B) Identification of research questions.--The
identification of research questions relating to basic,
translational, and clinical science in the areas
described in subclauses (I) and (II) of subparagraph
(A)(i) that have not been adequately addressed with
respect to such recalcitrant cancer.
``(C) Recommendations.--Recommendations for
appropriate actions that should be taken to advance
research in the areas described in subparagraph (A)(i)
and to address the research questions identified in
subparagraph (B), as well as for appropriate benchmarks
to measure progress on achieving such actions,
including the following:
``(i) Researchers.--Ensuring adequate
availability of qualified individuals described
in subparagraph (A)(iii).
``(ii) Coordinated research initiatives.--
Promoting and developing initiatives and
partnerships described in subparagraph (A)(iv).
``(iii) Research resources.--Developing
additional public and private resources
described in subparagraph (A)(v) and
strengthening existing resources.
``(3) Timing.--
``(A) Initial development and subsequent update.--
For each recalcitrant cancer identified under
subsection (b)(1), the Director of the Institute
shall--
``(i) develop a scientific framework under
this subsection not later than 18 months after
the date of the enactment of this section; and
``(ii) review and update the scientific
framework not later than 5 years after its
initial development.
``(B) Other updates.--The Director of the Institute
may review and update each scientific framework
developed under this subsection as necessary.
``(4) Public notice.--With respect to each scientific
framework developed under subsection (a), not later than 30
days after the date of completion of the framework, the
Director of the Institute shall--
``(A) submit such framework to the Committee on
Energy and Commerce and Committee on Appropriations of
the House of Representatives, and the Committee on
Health, Education, Labor, and Pensions and Committee on
Appropriations of the Senate; and
``(B) make such framework publically available on
the Internet website of the Department of Health and
Human Services.
``(b) Identification of Recalcitrant Cancer.--
``(1) In general.--Not later than 6 months after the date
of the enactment of this section, the Director of the Institute
shall identify two or more recalcitrant cancers that each--
``(A) have a 5-year relative survival rate of less
than 20 percent; and
``(B) are estimated to cause the death of at least
30,000 individuals in the United States per year.
``(2) Additional cancers.--The Director of the Institute
may, at any time, identify other recalcitrant cancers for
purposes of this section. In identifying a recalcitrant cancer
pursuant to the previous sentence, the Director may consider
additional metrics of progress (such as incidence and mortality
rates) against such type of cancer.
``(c) Working Groups.--For each recalcitrant cancer identified
under subsection (b), the Director of the Institute shall convene a
working group comprised of representatives of appropriate Federal
agencies and other non-Federal entities to provide expertise on, and
assist in developing, a scientific framework under subsection (a). The
Director of the Institute (or the Director's designee) shall
participate in the meetings of each such working group.
``(d) Reporting.--
``(1) Biennial reports.--The Director of NIH shall ensure
that each biennial report under section 403 includes
information on actions undertaken to carry out each scientific
framework developed under subsection (a) with respect to a
recalcitrant cancer, including the following:
``(A) Information on research grants awarded by the
National Institutes of Health for research relating to
such cancer.
``(B) An assessment of the progress made in
improving outcomes (including relative survival rates)
for individuals diagnosed with such cancer.
``(C) An update on activities pertaining to such
cancer under the authority of section 413(b)(7).
``(2) Additional one-time report for certain frameworks.--
For each recalcitrant cancer identified under subsection
(b)(1), the Director of the Institute shall, not later than 6
years after the initial development of a scientific framework
under subsection (a), submit a report to the Congress on the
effectiveness of the framework (including the update required
by subsection (a)(3)(A)(ii)) in improving the prevention,
detection, diagnosis, and treatment of such cancer.
``(e) Recommendations for Exception Funding.--The Director of the
Institute shall consider each relevant scientific framework developed
under subsection (a) when making recommendations for exception funding
for grant applications.
``(f) Definition.--In this section, the term `recalcitrant cancer'
means a cancer for which the five-year relative survival rate is below
50 percent.''. | Recalcitrant Cancer Research Act of 2012 - Amends the Public Health Service Act to require the Director of the National Cancer Institute (NCI) to develop a scientific framework for research on recalcitrant cancers (cancer with a 5-year relative survival rate below 50%), which includes: (1) a review of the status of research, such as a summary of findings, identification of promising scientific advances, a description of the availability of qualified scientific researchers, and the identification of resources available to facilitate research; (2) identification of research questions that have not been adequately addressed; and (3) recommendations for actions to advance research and for appropriate benchmarks to measure progress on achieving such actions. Requires the Director to develop the framework within 18 months and review and update it every 5 years.
Requires the Director to identify within 6 months 2 or more recalcitrant cancers that have a 5-year relative survival rate of less than 20%, and are estimated to cause the death of at least 30,000 individuals in the United States per year. Authorizes the Director to identify additional such cancers and to consider additional metrics of progress (such as incidence and mortality rates) against such cancer.
Requires the Director to convene a working group for each identified cancer to provide expertise on, and assist in developing, a scientific framework under this Act.
Requires the Director to consider each relevant scientific framework developed under this Act when making recommendations for exception funding for grant applications. | An original bill to provide for scientific frameworks with respect to recalcitrant cancers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Manage Act of 2001''
SEC. 2. PRESIDENTIAL TRANSMISSION OF ``FREEDOM TO MANAGE'' LEGISLATIVE
PROPOSALS.
(a) In General.--Whenever the President transmits a set of
legislative proposals to Congress in accordance with the requirements
of subsections (b) and (c) of this section, the congressional
consideration of those legislative proposals shall be governed by
section 3 of this Act. The President may transmit one or more sets of
legislative proposals to Congress for congressional consideration under
section 3 of this Act.
(b) Format of Legislative Proposals.--A set of legislative
proposals shall be in the form of a bill, consisting of up to four
sections.
(1) One of the sections may consist of repeals of existing
law. Such a section shall be entitled ``Repeals.'', shall begin
with the introductory phrase ``The following provisions of law
are repealed:'', and shall then set forth the citations to each
of the provisions of law to be repealed.
(2) Another of the sections may consist of amendments to
existing law. Such a section shall be entitled ``Amendments.'',
shall begin with the introductory phrase ``The following
provisions of law are amended as follows:'', and shall then set
forth each of the provisions of law and how it is proposed to
be amended.
(3) Another of the sections may consist of new authorities.
Such a section shall be entitled ``New Authorities.'', shall
begin with the introductory phrase ``The following provisions
are enacted into law:'', and shall then set forth each of the
provisions to be enacted into law.
(4) A final section shall set forth the effective date (or
dates) of the repeals, amendments and enactments made in the
prior sections, and include any ``transition'' and ``savings''
provisions that are determined to be necessary or appropriate
in connection with carrying out these repeals, amendments, and
enactments.
(c) Subject of Legislative Proposals.--The President's legislative
proposals under this section may only relate to the elimination or
reduction of barriers to efficient government operations that are posed
by existing laws that apply to one or more agencies, including
government-wide laws, or new authorities that will allow for more
efficient government operations.
(d) Accompanying Message To Congress.--When transmitting
legislative proposals under this section, the President shall also
transmit an accompanying Message to Congress that provides an
explanation for each of his legislative proposals and its expected
impact on Federal operations. In the Message, the President shall
expressly state that he is making the transmission in accordance with
section 2 of the Freedom to Manage Act.
(e) Publication.--The Clerk of the House of Representatives and the
Secretary of the Senate shall ensure that the President's set of
legislative proposals and accompanying Message to Congress are printed
as a document of each House.
SEC. 3. CONGRESSIONAL CONSIDERATION OF THE PRESIDENT'S ``FREEDOM TO
MANAGE'' LEGISLATIVE PROPOSALS.
(a) Definitions.--
(1) Resolution of approval.--For the purposes of this
section, the term ``resolution'' means only a joint resolution
which is introduced within the 10 legislative days beginning on
the date on which the President transmits his legislative
proposals to the Congress under section 2 of this Act, and--
(A) which does not have a preamble;
(B) the title of which is as follows: ``Joint
resolution approving the legislative proposals of the
President under the Freedom to Manage Act.'';
(C) the matter after the resolving clause of which
is as follows: ``That Congress approves the legislative
proposals of the President, as follows, that were
transmitted on ________ under the Freedom to Manage
Act:'', the blank space being filled in with the
appropriate date; and
(D) the remaining text which consists of the
complete text of the President's legislative proposals
submitted under section 2 of this Act.
(2) Legislative day.--For the purposes of this section, the
term ``legislative day'' refers to any day on which either
House of Congress is in session.
(b) Introduction of Resolution of Approval.--In order for the
resolution to be considered under the procedures set forth in this
section, the resolution must meet the definition set forth in
subsection (a) and must be introduced no later than 10 legislative days
after the President transmits his legislative proposals to the Congress
under section 2 of this Act.
(c) Referral of Resolution of Approval.--A resolution of approval
for the President's legislative proposals transmitted under section 2
of this Act shall be referred to the Committee on Governmental Affairs
in the Senate and the Committee on Government Reform in the House of
Representatives.
(d) Consideration in the House of Representatives.--
(1) The Committee on Government Reform shall report the
resolution without amendment, and with or without
recommendation, not later than the 30th legislative day after
the date of its introduction. If the committee fails to report
the resolution within that period, it is thereafter in order
for a Member to move that the House discharge the committee
from further consideration of the resolution. A motion to
discharge may be made only by a Member favoring the resolution
(but only at a time or place designated by the Speaker in the
legislative schedule of the day after the calendar day on which
the Member offering the motion announces to the House his
intention to do so and the form of the motion). The motion is
privileged. Debate thereon shall be limited to not more than
one hour, the time to be divided in the House equally between a
proponent and an opponent. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion. A motion to reconsider the vote by which
the motion is agreed to or disagreed to shall not be in order.
(2) After the approval resolution is reported or the
committee has been discharged from further consideration, it
shall be in order to consider the resolution in the House. If
the resolution is reported and the report has been available
for at least one calendar day, all points of order against the
resolution and against consideration of the resolution are
waived. If the committee has been discharged from further
consideration of the resolution, all points of order against
the resolution and against consideration of the resolution are
waived. The motion is privileged. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. During consideration of the resolution in the
House, the first reading of the bill shall be dispensed with.
Debate on the resolution shall be confined to the resolution,
and shall not exceed one hour equally divided and controlled by
a proponent and an opponent of the resolution. Amendments to
the resolution are not in order. Only one motion to rise shall
be in order, except if offered by the manager. The previous
question shall be considered as ordered on the resolution
without intervening motion. A motion to reconsider the vote on
passage of the resolution shall not be in order.
(3) Appeals from decisions of the Chair regarding
application of the rules of the House of Representatives to the
procedure relating to the approval resolution shall be decided
without debate.
(4) Consideration of senate message.--Consideration in the
House of all motions or appeals necessary to dispose of a
message from the Senate on the resolution shall be limited to
not more than one hour. Debate on each motion shall be limited
to 20 minutes. Debate on any appeal or point of order that is
submitted in connection with the disposition of the Senate
message shall be limited to 10 minutes. Any time for debate
shall be equally divided and controlled by the proponent and
the majority manager, unless the majority manager is a
proponent of the motion, appeal, or point of order, in which case the
minority manager shall be in control of the time in opposition.
(e) Consideration in the Senate.--
(1) The Committee on Governmental Affairs shall report the
resolution not later than the 30th legislative day following
the date of introduction of the resolution. If the committee
fails to report the resolution within that period, the
committee shall be automatically discharged from further
consideration of the resolution and the resolution shall be
placed on the Calendar.
(2) Resolution of approval from house.--When the Senate
receives from the House of Representatives the approval
resolution, such resolution shall not be referred to committee
and shall be placed on the Calendar.
(3) Motion nondebatable.--A motion to proceed to
consideration of the resolution under this subsection shall not
be debatable It shall not be in order to move to reconsider the
vote by which the motion to proceed was adopted or rejected,
although subsequent motions to proceed may be made under this
paragraph.
(4) Limit on consideration.--
(A) Amendments to the resolution are not in order.
(B) After no more than 10 hours of consideration of
the resolution, the Senate shall proceed, without
intervening action or debate, to vote on the final
disposition thereof to the exclusion of all motions,
except a motion to reconsider or to table.
(C) A single motion to extend the time for
consideration under subparagraph (B) for no more than
an additional five hours is in order prior to the
expiration of such time and shall be decided without
debate.
(D) The time for debate on the resolution shall be
equally divided between the Majority Leader and the
Minority Leader or their designees.
(5) No motion to recommit.--A motion to recommit the
resolution shall not be in order.
(6) Consideration of house message.--Consideration in the
Senate of all motions or appeals necessary to dispose of a
message from the House of Representatives on the resolution
shall be limited to not more than four hours. Debate on each
motion shall be limited to 30 minutes. Debate on any appeal or
point of order that is submitted in connection with the
disposition of the House message shall be limited to 20
minutes. Any time for debate shall be equally divided and
controlled by the proponent and the majority manager, unless
the majority manager is a proponent of the motion, appeal, or
point of order, in which case the minority manager shall be in
control of the time in opposition.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House. | Freedom to Manage Act of 2001 - Sets forth procedures for expedited congressional consideration of legislative proposals from the President to: (1) repeal or amend existing law applicable to one or more agencies in order to eliminate or reduce barriers to efficient government operations; or (2) introduce new authorities to allow for more efficient operations. | A bill to provide for expedited congressional consideration of "Freedom to Manage" legislative proposals transmitted by the President to Congress to eliminate or reduce barriers to efficient government operations that are posed by laws that apply to one or more agencies, including government-wide laws. |
SECTION 1. DEFINITIONS.
For purposes of this Act:
(1) The term ``Tribe'' means the Confederated Tribes of
Siletz Indians of Oregon.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 2. ADDITION TO RESERVATION.
(a) Trust Status.--All right, title, and interest of the United
States in and to the surface and mineral estates of certain lands
located in Lincoln County, Oregon, that are public domain lands other
than--
(1) National Forest lands,
(2) the lands of the Oregon and California Railroad, and
(3) the Yaquina Head Outstanding Natural Area,
are held in trust by the United States for the benefit of the Tribe.
(b) Reservation.--Lands held in trust under subsection (a) shall be
part of the reservation of the Confederated Tribes of Siletz Indians of
Oregon.
(c) Legal Description.--The Secretary shall publish in the Federal
Register a legal description of the lands that are held in trust under
subsection (a).
SEC. 3. MANAGEMENT OF RESOURCES.
(a) General Authorization.--(1) Notwithstanding the Act of
September 4, 1980 (94 Stat. 1072; 25 U.S.C. 711e note); sections 2116
and 2118 of the Revised Statutes (25 U.S.C. 177, 180); the Act of
February 16, 1889 (25 Stat. 673; 25 U.S.C. 196); sections 5, 7, and 8
of the Act of June 25, 1910 (36 Stat. 857; 25 U.S.C. 202, 407, 406);
section 6 of the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 466); or
any other provision of law, the Tribe is authorized to--
(A) manage, harvest, remove, sell, or otherwise alienate
any timber, any interests in timber, or any other surface or
subsurface resources on any lands held by, or in trust for, the
Tribe; and
(B) perform any other activities on such lands incidental
to the activities described in subparagraph (A), including
forest presale activities and road construction and
maintenance.
(2) Notwithstanding any other provision of law--
(A) the United States shall not be responsible for the care
or management of any lands for which the Tribe has assumed
responsibility under paragraph (1); and
(B) the United States shall not be liable for any action or
omission of the Tribe that arises in connection with the
activities the Tribe is authorized to conduct under paragraph
(1).
(b) Election To Assume Responsibility.--The Tribe may make an
election to assume responsibility under subsection (a)(1) for the care
and management of lands held by, or in trust for, the Tribe.
(c) Oregon Forest Practices Act.--(1) If the ordinances of the
Tribe do not include an ordinance that is substantially in accord with
the Oregon Forest Practices Act (Or. Rev. Stat. 527.610, et seq.) and
the rules promulgated under such Act, as determined by the Secretary in
consultation with the Oregon State Forester, the Tribe shall enforce
such Act and rules with respect to lands held by, or in trust for, the
Tribe as though such Act and rules were ordinances of the Tribe. The
Secretary shall publish in the Federal Register any ordinance of the
Tribe that is substantially in accord with such Act and rules and any
amendments.
(2)(A) Notwithstanding the sovereign immunity of the Tribe, the
State of Oregon or any person who is damaged by any action or omission
of the Tribe that constitutes a violation of--
(i) an ordinance of the Tribe that is substantially in
accord with the Oregon Forest Practices Act and the rules
promulgated under such Act, or
(ii) if such an ordinance is not in effect, the Oregon
Forest Practices Act or any rule promulgated under such Act
made applicable to the Tribe by paragraph (1),
may bring a civil action in the tribal court of the Tribe to compel
compliance, to seek compensation for such damages, or to obtain both
compliance and compensation.
(B) If the Tribe does not have a tribal court with jurisdiction to
hear the actions described in subparagraph (A), the State of Oregon or
any person described in subparagraph (A) may bring a civil action in
the United States District Court for the District of Oregon to obtain
the relief described in subparagraph (A), and the United States
District Court is authorized to provide that relief.
(C) The Tribe may be held liable for damages in any civil action
brought under subparagraphs (A) or (B) only to the extent that the
United States would have been held liable for damages if the Secretary
were responsible for the action or omission upon which the civil action
is based.
(D) The courts of the State of Oregon shall not have jurisdiction
over any civil action described in subparagraph (A) and shall not have
the authority to provide the relief described in subparagraph (A).
(d) Termination of Responsibilities.--(1) If the Tribe assumes
responsibility under subsection (a)(1) for any of the activities
described in subsection (a)(1), the Tribe may terminate such
responsibility by providing written notice of such termination that
shall take effect on either--
(A) the date that is one year after the date on which
notice of the termination is submitted to the Secretary, or
(B) a date upon which the Secretary and the Tribe have
agreed.
The Secretary shall publish in the Federal Register advance notice of
the date on which such termination is to take effect.
(2) The termination under paragraph (1) of any responsibility
assumed under subsection (a)(1) shall not--
(A) affect the liability of the Tribe arising out of any
action or omission of the Tribe that occurred on or before the
effective date of the termination;
(B) transfer any liability to the United States for such
actions or omissions;
(C) obligate the United States to reforest any area, or
otherwise remedy any condition, by reason of such actions or
omissions; or
(D) affect the eligibility of the Tribe for any services or
assistance that are provided by the Secretary to Indian tribes
because of their status as Indian tribes.
(e) Funds.--(1) For each fiscal year for which the Tribe assumes
responsibility under subsection (a)(1) for any of the activities
described in subsection (a)(1), the Secretary shall pay to the Tribe,
out of funds appropriated for such fiscal year under the authority of
the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), popularly
known as the Snyder Act, or under the authority of any other law which
authorizes funds to be appropriated for tribal timber management, an
amount that equals or exceeds the amount of funds the Tribe would have
received for such fiscal years for carrying out such activities under a
contract entered into with the Secretary for such fiscal year under the
Indian Self-Determination Act if the Tribe had not assumed
responsibility for such activities under subsection (a)(1).
(2) If the Tribe receives funds under paragraph (1) for any fiscal
year--
(A) the Tribe shall submit to the Secretary a report which
provides an accounting of how the funds were expended, and
(B) the Comptroller General of the United States is
authorized to conduct, at the discretion of the Comptroller
General, an audit of the Tribe with respect to the expenditure
of such funds.
SEC. 4. PROCEEDS FROM RESOURCES.
(a) Payable to Tribe.--Notwithstanding any other provision of law,
the proceeds from the sale of timber on, or the sale of any other
surface or subsurface resource of, lands held by, or in trust for, the
Tribe that occur after the date of enactment of this Act (including
sales occurring after such date under a contract that was entered into
by the United States prior to the date of enactment of this Act) shall
be paid to the Tribe.
(b) Treatment.--None of the proceeds described in subsection (a)
that are paid to the Tribe shall be subject to Federal or State income
taxes or be considered as income or resources of the members of the
Tribe in determining eligibility for, or the amount of assistance
under, the Social Security Act or any other program assisted by the
Federal Government.
SEC. 5. PAYMENTS IN LIEU OF TAXES.
In order to offset the loss of revenue caused by the other
provisions of this Act, the Tribe shall pay the County of Lincoln,
Oregon, for the 25-year period beginning on the date of enactment of
this Act, 1.5 percent of the net revenues from timber harvested from
the lands that are declared to be held in trust for the Tribe under
section 2(a).
SEC. 6. CONSTRUCTION OF THIS ACT.
Nothing in this Act, and no actions taken by reason of this Act
shall--
(1) affect any rights any person (other than the United
States) has on the day before the date of enactment of this Act
in the lands that are declared to be held in trust for the
Tribe under section 2(a);
(2) be construed to authorize the taxation of timber on
such lands or of any interest in, or resources located on, such
lands;
(3) be construed to authorize the alienation of any such
interest of the Tribe in any real property other than timber or
other surface or subsurface resources or such lands;
(4) affect the responsibility of the United States to
protect the lands held in trust for the benefit of the Tribe,
and lands otherwise subject to restrictions imposed by the
United States on alienation, from taxation and from alienation
of any interest in such lands, other than in the timber,
surface resources, or subsurface resources on such lands;
(5) preclude the Secretary from approving under part 151 of
title 25 of the Code of Federal Regulations applications for
trust status for any additional lands acquired by the Tribe;
(6) except as provided in section 3(b) and paragraph (7),
affect the regulatory authority of the Tribe over lands held
by, or in trust for the Tribe;
(7) grant or restore any hunting, fishing, or trapping
rights of any nature, including any indirect or procedural
right or advantage to the Tribe or any member of the Tribe; or
(8) diminish any hunting, fishing, or trapping rights that
existed before the date of enactment of this Act.
SEC. 7. PUBLIC ACCESS.
The Tribe may restrict access to the lands that are declared to be
held in trust for the Tribe under section 2(a) to the extent that the
Secretary is allowed to impose or enforce restrictions on access to
public domain lands under Federal law.
SEC. 8. PRODUCTION OF WOOD PRODUCTS IN UNITED STATES.
(a) Mandatory Offering of 50 Percent of Annual Sales.--The Tribe
shall offer not less than 50 percent of the total sales volume for each
year of timber harvested from the lands declared to be held in trust
for the Tribe under section 2(a) for sale to United States entities
that agree to use the timber purchased for production in the United
States of wood products.
(b) Application of Section.--Nothing in this Act may be construed
to impose any restrictions on the export of timber harvested from, or
other surface or subsurface resources removed from, any lands held by,
or in trust for, the Tribe other than the lands declared to be held in
trust for the Tribe under section 2(a). | States that certain public lands in Lincoln County, Oregon, are held in trust for, and shall be part of the reservation of, the Confederated Tribes of Siletz Indians of Oregon. | To declare that certain public domain lands are held in trust for the Confederated Tribes of Siletz Indians of Oregon, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Foreign Sanctions Act of
1995''.
SEC. 2. IMPOSITION OF SANCTIONS ON PERSONS ENGAGING IN TRADE WITH IRAN.
(a) Determination by the President.--
(1) In general.--The President shall impose the sanctions
described in subsection (b) if the President determines in
writing that, on or after the date of enactment of this Act, a
foreign person has, with requisite knowledge, engaged in trade
with Iran in any goods or technology (as defined in section 16
of the Export Administration Act of 1979).
(2) Persons against which the sanctions are to be
imposed.--The sanctions shall be imposed pursuant to paragraph
(1) on--
(A) the foreign person with respect to which the
President makes the determination described in that
paragraph;
(B) any successor entity to that foreign person;
(C) any foreign person that is a parent or
subsidiary of that person if that parent or subsidiary
with requisite knowledge engaged in the activities
which were the basis of that determination; and
(D) any foreign person that is an affiliate of that
person if that affiliate with requisite knowledge
engaged in the activities which were the basis of that
determination and if that affiliate is controlled in
fact by that person.
(b) Sanctions.--
(1) Description of sanctions.--The sanctions to be imposed
pursuant to subsection (a)(1) are, except as provided in
paragraph (2) of this subsection, as follows:
(A) Procurement sanction.--The United States
Government shall not procure, or enter into any
contract for the procurement of, any goods or services
from any person described in subsection (a)(2).
(B) Export sanction.--The United States Government
shall not issue any license for any export by or to any
person described in subsection (a)(2).
(C) Import sanction.--The importation into the
United States of any good or service from, or produced
(in whole or in part) by, any person described in
subsection (a)(2) is prohibited.
(2) Exceptions.--The President shall not be required to
apply or maintain the sanctions under this section--
(A) in the case of procurement of defense articles
or defense services--
(i) under existing contracts or
subcontracts, including the exercise of options
for production quantities to satisfy
requirements essential to the national security
of the United States;
(ii) if the President determines in writing
that the person or other entity to which the
sanction would otherwise be applied is a sole
source supplier of the defense articles or
services, that the defense articles or services
are essential, and that alternative sources are
not readily or reasonably available; or
(iii) if the President determines in
writing that such articles or services are
essential to the national security under
defense coproduction agreements;
(B) to products or services provided under
contracts entered into before the date on which the
President publishes his intention to impose the
sanction;
(C) to--
(i) spare parts which are essential to
United States products or production;
(ii) component parts, but not finished
products, essential to United States products
or production; or
(iii) routine servicing and maintenance of
products, to the extent that alternative
sources are not readily or reasonably
available;
(D) to information and technology essential to
United States products or production; or
(E) to medical or other humanitarian items.
(c) Supersedes Existing Law.--The provisions of this section
supersede the provisions of section 1604 of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (as contained in Public Law 102-484) as such
section applies to Iran.
SEC. 3. WAIVER AUTHORITY.
The provisions of section 2 shall not apply if the President
determines and certifies to the appropriate congressional committees
that Iran--
(1) has substantially improved its adherence to
internationally recognized standards of human rights;
(2) has ceased its efforts to acquire a nuclear explosive
device; and
(3) has ceased support for acts of international terrorism.
SEC. 4. REPORT REQUIRED.
Beginning 60 days after the date of enactment of this Act, and
every 90 days thereafter, the President shall transmit to the
appropriate congressional committees a report describing--
(1) the nuclear and other military capabilities of Iran;
and
(2) the support, if any, provided by Iran for acts of
international terrorism.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Act of international terrorism.--The term ``act of
international terrorism'' means an act--
(A) which is violent or dangerous to human life and
that is a violation of the criminal laws of the United
States or of any State or that would be a criminal
violation if committed within the jurisdiction of the
United States or any State; and
(B) which appears to be intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a
government by intimidation or coercion; or
(iii) to affect the conduct of a government
by assassination or kidnapping.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Banking, Housing, and Urban Affairs and Foreign Relations of
the Senate and the Committees on Banking and Financial Services
and International Relations of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States
national or an alien admitted for permanent residence
to the United States; or
(B) a corporation, partnership, or other
nongovernment entity which is not a United States
national.
(4) Iran.--The term ``Iran'' includes any agency or
instrumentality of Iran.
(5) Nuclear explosive device.--The term ``nuclear explosive
device'' means any device, whether assembled or disassembled,
that is designed to produce an instantaneous release of an
amount of nuclear energy from special nuclear material that is
greater than the amount of energy that would be released from
the detonation of one pound of trinitrotoluene (TNT).
(6) Requisite knowledge.--The term ``requisite knowledge''
means situations in which a person ``knows'', as ``knowing'' is
defined in section 104 of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2).
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(8) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(9) United states national.--The term ``United States
national'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States;
(B) a corporation or other legal entity which is
organized under the laws of the United States, any
State or territory thereof, or the District of
Columbia, if natural persons who are nationals of the
United States own, directly or indirectly, more than 50
percent of the outstanding capital stock or other
beneficial interest in such legal entity; and
(C) any foreign subsidiary of a corporation or
other legal entity described in subparagraph (B). | Iran Foreign Sanctions Act of 1995 - Directs the President to impose certain economic sanctions against foreign persons who, with requisite knowledge, engage in trade with Iran. Sets forth such sanctions, including prohibition, with specified exceptions, of U.S. Government procurement from such persons or issuance of export licenses to, or of importation of goods or services from, them.
Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to acquire a nuclear explosive device; and (3) ceased support for acts of international terrorism.
Requires the President to transmit a specified report to appropriate congressional committees. | Iran Foreign Sanctions Act of 1995 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Taxpayer Relief
Act of 1999''.
(b) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986 .
SEC. 2. 10 PERCENT REDUCTION IN INDIVIDUAL INCOME TAX RATES.
(a) General Rule.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by striking subsections (a)
through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $43,050...............
13.5% of taxable income.
Over $43,050 but not over
$104,050.
$5,811.75, plus 25.2% of the
excess over $43,050.
Over $104,050 but not over
$158,550.
$21,183.75, plus 27.9% of the
excess over $104,050.
Over $158,550 but not over
$283,150.
$36,389.25, plus 32.4% of the
excess over $158,550.
Over $283,150..................
$76,759.65, plus 35.64% of the
excess over $283,150.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $34,550...............
13.5% of taxable income.
Over $34,550 but not over
$89,150.
$4,664.25, plus 25.2% of the
excess over $34,550.
Over $89,150 but not over
$144,400.
$18,423.45, plus 27.9% of the
excess over $89,150.
Over $144,400 but not over
$283,150.
$33,838.20, plus 32.4% of the
excess over $144,400.
Over $283,150..................
$78,793.20, plus 35.64% of the
excess over $283,150.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $25,750...............
13.5% of taxable income.
Over $25,750 but not over
$62,450.
$3,476.25, plus 25.2% of the
excess over $25,750.
Over $62,450 but not over
$130,250.
$12,724.65, plus 27.9% of the
excess over $62,450.
Over $130,250 but not over
$283,150.
$31,640.85, plus 32.4% of the
excess over $130,250.
Over $283,150..................
$81,180.45, plus 35.64% of the
excess over $283,150.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $21,525...............
13.5% of taxable income.
Over $21,525 but not over
$52,025.
$2,905.87, plus 25.2% of the
excess over $21,525.
Over $52,025 but not over
$79,275.
$10,591.87, plus 27.9% of the
excess over $52,025.
Over $79,275 but not over
$141,575.
$18,194.62, plus 32.4% of the
excess over $79,275.
Over $141,575..................
$38,379.82, plus 35.64% of the
excess over $141,575
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,750................
13.5% of taxable income.
Over $1,750 but not over $4,050
$236.25, plus 25.2% of the
excess over $1,750.
Over $4,050 but not over $6,200
$815.85, plus 27.9% of the
excess over $4,050.
Over $6,200 but not over $8,450
$1,415.70, plus 32.4% of the
excess over $6,200.
Over $8,450....................
$2,144.70, plus 35.64% of the
excess over $8,450.''
(b) Alternative Minimum Tax Rates.--Clause (i) of section
55(b)(1)(A) of such Code (relating to alternative minimum tax imposed)
is amended--
(1) by striking ``26 percent'' and inserting ``23.4
percent'', and
(2) by striking ``28 percent'' and inserting ``25.2
percent''.
(c) Conforming Amendments.--
(1) Subsection (f) of section 1 of such Code is amended--
(A) by striking ``1993'' in paragraph (1) and
inserting ``1999'',
(B) by striking ``1992'' in paragraph (3)(B) and
inserting ``1998'', and
(C) by striking paragraph (7).
(2) The following provisions of the Internal Revenue Code
of 1986 are each amended by striking ``1992'' and inserting
``1998'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 135(b)(2)(B)(ii).
(H) Section 151(d)(4).
(I) Section 220(g)(2).
(J) Section 221(g)(1)(B).
(K) Section 512(d)(2)(B).
(L) Section 513(h)(2)(C)(ii).
(M) Section 685(c)(3)(B).
(N) Section 877(a)(2).
(O) Section 911(b)(2)(D)(ii)(II).
(P) Section 2032A(a)(3)(B).
(Q) Section 2503(b)(2)(B).
(R) Section 2631(c)(1)(B).
(S) Section 4001(e)(1)(B).
(T) Section 4261(e)(4)(A)(ii).
(U) Section 6039F(d).
(V) Section 6323(i)(4)(B).
(W) Section 6601(j)(3)(B).
(X) Section 7430(c)(1).
(3) Subclause (II) of section 42(h)(6)(G)(i) of such Code
is amended by striking ``1987'' and inserting ``1998''.
(4) Subparagraph (B) of section 132(f)(6) of such Code is
amended by inserting before the period ``, determined by
substituting `calendar year 1992' for `calendar year 1998' in
subparagraph (B) thereof''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Taxpayer Relief Act of 1999 - Amends the Internal Revenue Code to reduce individual income tax rates by ten percent. | Taxpayer Relief Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The 9-11 Commission Combating
Proliferation Implementation Act''.
TITLE I--OFFICE FOR COMBATING THE PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION
SEC. 101. OFFICE FOR COMBATING THE PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION.
(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the ``Office for
Combating the Proliferation of Weapons of Mass Destruction'' (in this
title referred to as the ``Office'').
(b) Officers.--(1) The head of the Office shall be the Director of
the Office.
(2) There shall be a Deputy Director of the Office, who shall--
(A) assist the Director in carrying out the
responsibilities of the Director under this title; and
(B) serve as Acting Director in the absence of the Director
and during any vacancy in the office of Director.
(3) The Director and Deputy Director--
(A) shall be appointed by the President, by and with the
advice and consent of the Senate; and
(B) shall serve at the pleasure of the President.
(4) No person shall serve as Director or Deputy Director while
serving in any other position in the Federal Government.
(c) Responsibilities.--Subject to the direction and control of the
President, the responsibilities of the Director shall include the
following:
(1) To develop policies, goals, objectives, and priorities
for the United States for preventing the proliferation of
weapons of mass destruction.
(2) To serve as the principal advisor to the President with
respect to those policies, goals, objectives, and priorities.
(3) To develop a comprehensive strategy for the United
States for the prevention of the proliferation of weapons of
mass destruction, to be known as the ``Strategy for Combating
the Proliferation of Weapons of Mass Destruction'' (in this
title referred to as the ``Strategy'').
(4) To coordinate, oversee, and evaluate the implementation
and execution of the Strategy by the agencies of the Federal
Government with responsibilities for preventing the
proliferation of weapons of mass destruction.
(5) To direct the development of comprehensive annual
budgets submitted under section 1105(a) of title 31, United
States Code, for the programs and activities under the
Strategy.
(6) To certify to the President, prior to the submission to
Congress of each annual budget under that section, whether the
budget for each element of preventing the proliferation of
weapons of mass destruction is consistent with and adequate for
carrying out the Strategy.
(7) To carry out any other responsibilities relating to
development, coordination, funding, and implementation of
United States policy on the prevention of the proliferation of
weapons of mass destruction that the President considers
appropriate.
(d) Authorities of the Director.--In carrying out subsection (c),
the Director shall have authority to--
(1) develop and present to the President annual unified
budgets for the prevention of the proliferation of weapons of
mass destruction, including the authorities to--
(A) provide guidance on the development of annual
budgets for each element of the prevention of the
proliferation of weapons of mass destruction;
(B) direct, coordinate, and modify the annual
budgets of the elements of the prevention of the
proliferation of weapons of mass destruction, in
consultation with the heads of those elements; and
(C) approve the budget of each element of the
prevention of the proliferation of weapons of mass
destruction before that budget may be provided to the
President for transmission to the Congress;
(2) transfer between accounts and agencies funds
appropriated and associated resources available for the
prevention of the proliferation of weapons of mass destruction
and detail personnel when the Director makes a determination
that doing so is necessary in order to--
(A) respond to an emergent risk of proliferation;
(B) eliminate duplication of effort; or
(C) significantly increase programmatic efficiency;
(3) select, appoint, employ, and fix compensation of such
officers and employees of the Office as may be necessary to
carry out the functions of the Office;
(4) subject to paragraphs (3) and (4) of subsection (e),
request the head of a department or agency, or program of the
Federal Government to place department, agency, or program
personnel who are engaged in activities involving the
prevention of the proliferation of weapons of mass destruction
on temporary detail to another department, agency, or program
in order to implement the Strategy, and the head of the
department or agency shall comply with such a request;
(5) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal agencies;
(6) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code,
relating to appointments in the Federal Service, at rates of
compensation for individuals not to exceed the daily equivalent
of the rate of pay payable under level IV of the Executive
Schedule under section 5311 of that title;
(7) use the mails in the same manner as any other
department or agency of the executive branch; and
(8) monitor implementation of the Strategy, including--
(A) conducting program and performance audits and
evaluations; and
(B) requesting assistance from the Inspector
General of the relevant agency in such audits and
evaluations.
(e) Personnel Detailed to Office.--(1) Notwithstanding any
provision of chapter 43 of title 5, United States Code, the Director
shall perform the evaluation of the performance of any employee
detailed to the Office for purposes of the applicable performance
appraisal system established under that chapter for any rating period,
or part thereof, that the employee is detailed to the Office.
(2)(A) Notwithstanding any other provision of law, the Director may
provide periodic bonus payments to any employee detailed to the Office.
(B) An amount paid under this paragraph to an employee for any
period--
(i) shall not be greater than 20 percent of the basic pay
paid or payable to such employee for such period; and
(ii) shall be in addition to the basic pay of such
employee.
(C) The aggregate amount paid during any fiscal year to an employee
detailed to the Office as basic pay, awards, bonuses, and other
compensation shall not exceed the annual rate payable at the end of
such fiscal year for positions at level III of the Executive Schedule.
(3) The maximum number of personnel who may be detailed to another
department or agency (including the Office) under subsection (d)(4)
during any fiscal year is--
(A) for the Department of Defense, 5;
(B) for the Department of Energy, 5;
(C) for the Department of State, 5; and
(D) for any other department or agency, 2.
(4) A detail under subsection (d)(4) shall expire on the last day
of the fiscal year after the fiscal year in which it is ordered by the
Director unless extended by law or by an official having authority to
extend it further.
(f) Report on Strategic Plan.--(1) Not later than June 1, 2008, the
Director shall submit to Congress the Strategy developed under
subsection (c)(3), together with any recommendations of the Director
for legislative changes that the Director considers appropriate with
respect to either the Strategy and its implementation or the Office.
(2) Not later than December 31 of each year after 2007, the
Director shall submit to the Congress an updated Strategy and any such
recommendations.
(g) Global Coalition.--(1) The Director shall develop the Strategy
and, in consultation with the Secretary of State, carry out the
programs for which the Director is responsible in coordination with
appropriate officials of the foreign governments concerned.
(2) In consultation with the Secretary of State, the Director shall
seek to develop and provide leadership for a coalition of United States
and foreign governments committed to achieving the prevention of the
proliferation of weapons of mass destruction through programs similar
to those specified in section 103.
(h) Oversight by Congress.--The location of the Office in the
Executive Office of the President shall not be construed as affecting
access by Congress, or any committee of Congress, to--
(1) any information, document, record, or paper in the
possession of the Office or any study conducted by or at the
direction of the Director; or
(2) any personnel of the Office, including the Director.
(i) Pay of Director and of Deputy Director.--Chapter 53 of title 5,
United States Code, is amended--
(1) in section 5312, by inserting after the item relating
to the Director of National Intelligence the following new
item:
``Director of the Office for Combating the Proliferation of
Weapons of Mass Destruction.''; and
(2) in section 5313, by inserting after the item relating
to the Administrator of the Federal Emergency Management Agency
the following new item:
``Deputy Director of the Office for Combating the
Proliferation of Weapons of Mass Destruction.''.
(j) Authorization of Appropriations.--There all authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 102. REQUEST FOR CORRESPONDING RUSSIAN DIRECTOR.
It is the sense of the Congress that, as soon as practical, the
President should personally request the President of the Russian
Federation to designate an official of the Russian Federation having
authorities and responsibilities for the prevention of the
proliferation of weapons of mass destruction commensurate with those of
the Director and with whom the Director should coordinate with respect
to the planning and implementation in the Russian Federation of
activities having the purpose of securing weapons of mass destruction.
SEC. 103. SCOPE.
In this title:
(1) The term ``prevention of the proliferation of weapons
of mass destruction'' includes activities under--
(A) the programs specified in section 1501(b) of
the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C.
2362 note);
(B) the programs carried out by the National
Nuclear Security Administration using amounts made
available pursuant to an authorization of
appropriations for defense nuclear nonproliferation
activities;
(C) programs authorized by section 504 of the
Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992 (the FREEDOM
Support Act) (22 U.S.C. 5854) and programs authorized
by section 1412 of the Former Soviet Union
Demilitarization Act of 1992 (22 U.S.C. 5902); and
(D) a program of any agency of the Federal
Government having a purpose similar to that of any of
the programs identified in subparagraphs (A) through
(C), as designated by the Director and the head of the
agency.
(2) The term ``weapons of mass destruction'' means
chemical, biological, and nuclear weapons, and chemical,
biological, and nuclear materials that can be used in the
manufacture of such weapons.
TITLE II--GLOBAL CLEANOUT
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise available for such purposes, there
are authorized to be appropriated to the Secretary of Energy to carry
out the program under section 3132 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569)
$100,000,000 for each fiscal year.
TITLE III--EXPANSION OF PROLIFERATION SECURITY INITIATIVE
SEC. 301. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should strive to expand and strengthen
the Proliferation Security Initiative announced by the
President on May 31, 2003, placing particular emphasis on
including countries outside of NATO; and
(2) the United States should engage the United Nations to
develop a Security Council Resolution to authorize the
Proliferation Security Initiative under international law,
including by providing legal authority to stop shipments of
weapons of mass destruction, their delivery systems, and
related materials.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2008,
$50,000,000 to conduct joint training exercises regarding interdiction
of weapons of mass destruction under the Proliferation Security
Initiative. Particular emphasis should be given to allocating money
from this total--
(1) to invite other countries that do not participate in
the Proliferation Security Initiative to observe the joint
training exercises; and
(2) to conduct training exercises with countries that
openly join the Proliferation Security Initiative after the
date of enactment of this Act.
TITLE IV--COOPERATIVE THREAT REDUCTION PROGRAMS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for Cooperative Threat
Reduction programs not less than--
(1) $500,000,000 for fiscal year 2008;
(2) $550,000,000 for fiscal year 2009;
(3) $600,000,000 for fiscal year 2010;
(4) $650,000,000 for fiscal year 2011; and
(5) $700,000,000 for fiscal year 2012.
SEC. 402. PERMANENT WAIVER AUTHORITY FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY IN RUSSIA.
Section 1305 of the National Defense Authorization Act for Fiscal
Year 2000 (22 U.S.C. 5952 note) shall not apply to the obligation and
expenditure of funds during a fiscal year for the planning, design, or
construction of a chemical weapons destruction facility in the Russian
Federation if the President submits to Congress a written certification
with respect to that fiscal year that includes--
(1) a statement as to why the waiver of the conditions
during the fiscal year covered by such certification is
consistent with the national security interests of the United
States; and
(2) a plan to promote a full and accurate disclosure by the
Russian Federation regarding the size, content, status, and
location of its chemical weapons stockpile.
SEC. 403. REMOVAL OF FUNDING LIMITATION ON ACTIVITIES OUTSIDE THE
FORMER SOVIET UNION.
Section 1308(c) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-135; 117 Stat. 1662; 22 U.S.C.
5963(c)) is repealed.
SEC. 404. LIABILITY REPORT.
Not later than April 1, 2008, and every 6 months thereafter, the
President shall submit to Congress a report identifying liability
concerns regarding, and impediments to, the renegotiation of the
Cooperative Threat Reduction umbrella agreement and ongoing
negotiations for the implementation of the Plutonium Disposition,
Nuclear Cities, and other cooperative nonproliferation programs. The
report shall also outline a plan to address and resolve such concerns
and impediments.
SEC. 405. DEFINITION.
In this title, the term ``Cooperative Threat Reduction programs''
means the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note). | 9-11 Commission Combating Proliferation Implementation Act - Establishes within the Executive Office of the President the Office for Combating the Proliferation of Weapons of Mass Destruction (WMDs). Requires the Director of the Office to: (1) develop and advise the President on WMD anti-proliferation policies; and (2) implement a Strategy for Combating the Proliferation of WMDs.
Expresses the sense of Congress that: (1) the President should request the President of the Russian Federation to appoint a corresponding official to the Director; (2) the President should expand and strengthen the Proliferation Security Initiative (PSI); and (3) the United States should engage the United Nations to develop a U.N. Security Council resolution authorizing the PSI under international law.
Authorizes funding for: (1) acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide; (2) joint training exercises regarding interdiction of weapons of mass destruction under the PSI; and (3) Cooperative Threat Reduction programs (CTR).
Gives the President permanent waiver authority over provisions prohibiting the use of certain CTR funds for chemical weapons destruction facilities in Russia.
Amends the National Defense Authorization Act for Fiscal Year 2004 to repeal specified CTR fund limits for activities outside the former Soviet Union. | To provide for counterproliferation measures. |
SECTION 1. COMMISSION REGULATIONS RELATING TO ASSET-BACKED SECURITIES
FOR PURPOSES OF NRSRO RATINGS.
(a) NRSRO Asset-Backed Securities.--Section 3(a)(62)(B)(iv) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(62)(B)(iv)) is
amended by striking ``as in effect on the date of enactment of this
Act'' and inserting ``, including NRSRO asset-backed securities
approved by the Commission and listed in such section''.
(b) Revision of Regulations.--Not later than 180 days after the
date of enactment of this Act, the Securities and Exchange Commission
shall revise the regulations in section 1101(c) of part 229 of title
17, Code of Federal Regulations, relating to the term ``asset-backed
securities'' for purposes of section 3(a)(62)(B)(iv) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(62)(B)(iv)). The revisions
required under this subsection shall--
(1) define a subset of asset-back securities to be referred
to as ``NRSRO asset-backed securities'', which shall be the
only asset-backed securities for which a credit rating agency
may register and issue ratings as a nationally recognized
statistical rating organization and, which shall be restricted
to securities representing interests in pools of assets whose
performance can be evaluated based on a documented history of
predictable performance of similar assets and which are
contained in structures which also have a documented history of
predictable performance; and
(2) include a list of the classes of securities approved as
NRSRO asset-backed securities pursuant to subsection (c).
Nothing in this subsection shall be construed so as to limit any credit
rating agency from rating asset-backed instruments which are not
designated as ``NRSRO asset-backed securities'' so long as such credit
rating agency makes it explicit that such instruments are not NRSRO
asset-backed securities and the associated ratings are not issued
pursuant to its status as a nationally recognized statistical rating
organization.
(c) Approval Process for NRSRO Asset-Backed Securities Classes.--
(1) Initial fast-track approval.--Not later than 90 days
after the date of enactment of this Act, the Securities and
Exchange Commission shall establish an initial list of classes
of securities approved as NRSRO asset-backed securities.
(2) Subsequent approval.--After the approval of the initial
list of classes of NRSRO asset-backed securities under
paragraph (1), the Commission shall approve additional classes
of asset-backed securities as NRSRO asset-backed securities on
an ongoing basis.
(3) Procedure.--The Commission shall approve a securities
class as NRSRO asset-backed securities only--
(A) upon the application (in such form determined
by the Commission) of a nationally recognized
statistical rating organization concerning a specific
class of asset-backed securities;
(B) after receiving comment from Federal and State
regulators of institutions or entities reasonably
expected to seek funding from or invest in such class
of securities, including the Federal Reserve System,
the Office of the Comptroller of the Currency, the
Office of Thrift Supervision, the Federal Deposit
Insurance Corporation, the Pension Benefit Guaranty
Insurance Corporation, and State banking insurance
authorities; and
(C) after any other investigation and due diligence
the Commission determines to be necessary to evaluate
the proposed NRSRO asset-backed securities class's
compliance with the standards described in paragraph
(4) prior to granting their approval.
(4) Standards for approval of nrsro asset-backed
securities.--Approval of a class of securities as an NRSRO
asset-backed securities class shall be limited to those
securities whose future performance meets the standard of
``reasonably predictable''. At a minimum, a determination of a
reasonably predictable performance standard shall require--
(A) a sufficient history of performance data, from
a diverse base of sponsors spanning at least 1 complete
economic cycle for both the collateral assets or
reference assets and the structure so as to generate
reasonably accurate statistical estimates of future
performance;
(B) the ability to aggregate pools of the
collateral assets or reference assets of sufficient
size to generate reasonably accurate statistical
estimates;
(C) the existence of contracts for such collateral
asset product which are sufficiently standardized to
generate reasonably accurate statistical estimates; and
(D) sufficient standardization of service quality
and procedures for such collateral asset product to
generate reasonably accurate statistical estimates.
Securities that fail to meet 1 or more of conditions set forth
in subparagraphs (A) through (D) shall not qualify for
eligibility as NRSRO asset-backed securities or ratings.
SEC. 2. QUALIFICATIONS FOR REGISTRATION.
Section 15E of the Securities Exchange Act (15 U.S.C. 78o-7) is
amended--
(1) in subsection (c), by redesignating paragraph (2) as
paragraph (3) and inserting after paragraph (1) the following:
``(2) Review of ratings and cooperation with commission.--
In order to maintain its registration and the integrity of the
NRSRO ratings system, a nationally recognized statistical
rating organization shall annually review all ratings issued
and outstanding in obligor categories for which it has
registered, with such review to result in a formal re-rating
affirmation, upgrade, downgrade, or ratings removal. Each
nationally recognized statistical rating organization shall
provide the Commission with full access to models,
documentation, assumptions, and performance data upon request,
shall answer all questions and queries posed by Commission on a
timely basis, and otherwise cooperate with any Commission
investigation.'';
(2) in subsection (d), by striking ``The Commission'' and
inserting
``(1) In general.--The Commission'';
(3) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively; and
(4) by adding a new subparagraph (F) as follows:
``(F) has, in the course of an investigation into
the integrity of its NRSRO ratings caused the
Commission to believe that a suspension or revocation
of its NRSRO registration is in the public interest.''.
(5) by adding at the end the following:
``(2) Determination and examination by commission.--In
assessing whether a nationally recognized statistical rating
organization is consistently producing credit ratings with
integrity for purposes of paragraph (5), the Commission shall
determine whether ratings are issued with the expectation of
meeting aggregate historical loss and default standards for
given ratings levels across all categories for which a credit
rating agency has registered under this section. In the case of
a nationally recognized statistical rating organization which
has registered for a category or categories for which its
ratings experience covers less than a full economic cycle, the
standards shall be consistent with industry norms for such
category or categories. Additionally, as part of the ongoing
qualification of NRSROs, adherence to the foregoing provisions
shall be evaluated through the Commission's regular
surveillance of NRSRO models, systems, assumptions, and
performance.''. | Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to revise regulations relating to "asset-backed securities" to define an "NRSRO asset-backed securities" subset, which shall: (1) be the only asset-backed securities for which a credit rating agency may register and issue ratings as a nationally recognized statistical rating organization (NRSRO); and (2) be restricted to securities representing interests in pools of assets whose performance can be evaluated based on a documented history of predictable performance of similar assets, and which are contained in structures which also have a documented history of predictable performance.
Requires the revision of such regulations to include a list of the classes of securities approved as NRSRO asset-backed securities.
Prescribes an approval process for NRSRO asset-backed securities classes, including approval standards.
Requires an NRSRO to: (1) review annually all ratings issued and outstanding in obligor categories for which it has registered; (2) formally affirm, upgrade, downgrade, or remove ratings based on such review; and (3) provide the SEC with full access to models, documentation, assumptions and performance data upon request, answer all questions posed by the SEC, and cooperate with any SEC investigation.
Directs the SEC to determine whether ratings are issued with the expectation of meeting aggregate historical loss and default standards for given ratings levels across all categories for which a credit rating agency has registered. | To direct the Securities and Exchange Commission to establish both a process by which asset-backed instruments can be deemed eligible for NRSRO ratings and an initial list of such eligible asset-backed instruments. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prompt Notification of Short Sales
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(a) Residential Mortgage Loan.--The term ``residential mortgage
loan'' means any consumer credit transaction that is secured by a
mortgage, deed of trust, or other equivalent consensual security
interest on a dwelling or on residential real property that includes a
dwelling, other than a consumer credit transaction under an open end
credit plan or an extension of credit relating to a plan described in
section 101(53D) of title 11, United States Code.
(b) Securitization Vehicle.--The term ``securitization vehicle''
means a trust, special purpose entity, or other legal structure that is
used to facilitate the issuing of securities, participation
certificates, or similar instruments backed by or referring to a pool
of assets that includes residential mortgage loans (or instruments that
are related to residential mortgage loans, such as credit-linked
notes).
(c) Servicer.--The term ``servicer'' has the same meaning as in
section 129A of the Truth in Lending Act (15 U.S.C. 1639a), as so
designated by section 1402(a)(1) of Public Law 111-203, except that
such term includes a person who makes or holds a residential mortgage
loan (including a pool of residential mortgage loans), if such person
also services the loan.
(d) Short Sale.--The term ``short sale'' means the sale of the
dwelling or residential real property that is subject to the mortgage,
deed or trust, or other security interest that secures a residential
mortgage loan that--
(1) will result in proceeds in an amount that is less than
the remaining amount due under the mortgage loan; and
(2) requires authorization by the securitization vehicle or
other investment vehicle or holder of the mortgage loan, or the
servicer acting on behalf of such a vehicle or holder.
SEC. 3. PROMPT NOTIFICATIONS AND DECISION REGARDING SHORT SALE.
(a) Requirement for Prompt Notifications, Decisions.--
(1) Notifications.--
(A) In general.--Each servicer shall provide in
writing to a mortgagor of a residential mortgage loan--
(i) an acknowledgment of receipt of a
written request of the mortgagor, not later
than 3 days after the date of such receipt;
(ii) a notice of any missing or incomplete
information required with respect to such
request, not later than 5 days after the date
of such receipt; and
(iii) a definitive response to such request
approving or denying such request, not later
than 30 days after the date of such receipt.
(B) Exceptional circumstances.--In any case in
which a servicer is unable to provide a decision with
respect to a written request of a mortgagor of a
residential mortgage loan during the 30-day period
required by subparagraph (A), such period may be
extended to not later than 60 days after the date of
receipt of a completed application, except that the
servicer shall, verbally or in writing--
(i) notify the mortgagor during the initial
30-day period that the application is still
under review; and
(ii) each week thereafter provide to the
mortgagor a status update indicating the
reasons why a decision is pending beyond the
required 30-day period.
(C) Applicability.--Subparagraph (A) shall apply,
except as provided in subsection (b), and
notwithstanding any other provision of law or of any
contract, including a contract between a servicer of a
residential mortgage loan and a securitization vehicle
or other investment vehicle.
(D) Content.--A written response by a servicer
under subparagraph (A) shall specify a decision on
whether such request has been denied, approved, or that
such request has been approved subject to specified
changes.
(2) Mortgagor submission.--Paragraph (1) shall apply in any
case in which the mortgagor under a residential mortgage loan
submits to the servicer thereof--
(A) a written offer for a short sale of the
dwelling or residential real property that is subject
to the mortgage, deed of trust, or other security
interest that secures the mortgage loan; and
(B) all information required by the servicer in
connection with such a request (including a copy of an
executed contract between the owner of the dwelling or
property and the prospective buyer that is subject to
approval by the servicer).
(3) Civil actions authorized.--An aggrieved individual may
bring an action in a court of competent jurisdiction, asserting
a violation of this Act. Aggrieved individuals may be awarded
all appropriate relief, including equitable relief, and a
monetary award of $1,000 per violation, plus reasonable
attorneys' fees, or such higher amount as may be appropriate in
the case of an established pattern or practice of such
failures.
(b) Inapplicability to Certain Existing Mortgages.--Subsection (a)
shall not apply with respect to any residential mortgage with respect
to which the mortgagor and the mortgagee or servicer have entered into
a written agreement before the date of enactment of this Act explicitly
providing a procedure or terms for approval of a short sale.
(c) Treatment of Other Time Limits.--This section may not be
construed to preempt, annul, or otherwise affect any other provision of
law or of any contract or program that provides a shorter period than
is provided under subsection (a) for a decision by the servicer of a
residential mortgage loan regarding a short sale of the dwelling or
residential real property that is subject to the mortgage, deed or
trust, or other security interest that secures the mortgage loan. | Prompt Notification of Short Sales Act - Requires each servicer of a home mortgage to provide in writing to a mortgagor of a residential mortgage loan specified prompt notifications and decisions regarding a written request of the mortgagor for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest securing the mortgage loan. Authorizes an aggrieved individual to bring a civil action for equitable relief and a monetary award of $1,000 for any violation of this Act. Declares this Act inapplicable to certain residential mortgages entered into before its enactment whose mortgage agreements explicitly provide a procedure or terms for a short sale approval | Prompt Notification of Short Sales Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Legislative Exceptional
Events Reforms Act of 2012''.
SEC. 2. AMENDMENTS TO THE EXCEPTIONAL EVENT PROVISION OF THE CLEAN AIR
ACT.
(a) Exceptional Event Demonstration.--Section 319(b)(3)(B)(iv) of
the Clean Air Act (42 U.S.C. 7619(b)(3)(B)(iv)) is amended by striking
``to petition the Administrator to'' and inserting ``to submit a
petition (in this section referred to as an `exceptional event
demonstration') to the Administrator to''.
(b) Criteria.--Section 319(b)(3) of the Clean Air Act (42 U.S.C.
7619(b)(3)) is amended by adding at the end the following:
``(C) Criteria for determination of exceptional
event demonstration.--The criteria for evidence,
analyses, and documentation applicable to approval or
disapproval of an exceptional event demonstration under
the regulations under this section shall be stated with
specificity in order to minimize the discretion of the
Administrator in approving or disapproving such
demonstration. The Administrator shall develop such
criteria in conjunction with input from the States.
Such criteria shall reflect the varying level of
technical expertise and resources available in State
and local agencies and the varying availability of
meteorological and other monitoring data in rural
areas, and may vary with respect to different regions.
In developing such criteria, the Administrator shall
also consider use of an expedited or streamlined
approval process and conditions under which exceptional
event demonstrations may be suitable for such a
process.''.
(c) Timing of Approval or Disapproval of Exceptional Event
Demonstration.--Section 319(b)(3) of the Clean Air Act (42 U.S.C.
7619(b)(3)) is further amended by adding at the end the following:
``(D) Timing of determination of exceptional event
demonstration.--
``(i) Deadline for determination.--Not
later than 90 days after submission of an
exceptional event demonstration, the
Administrator shall approve, disapprove, or
request additional information from a State
regarding such an exceptional event
demonstration. If the Administrator does not
take any action with respect to an exceptional
event demonstration within such 90-day period,
such demonstration shall be considered
approved.
``(ii) Deadline if additional information
requested.--If the Administrator requests
additional information from a State regarding
an exceptional event demonstration under clause
(i), not later than 90 days after the
submission of such additional information, the
Administrator shall approve or disapprove such
demonstration. If the Administrator does not
approve or disapprove such a demonstration for
which additional information is submitted
within such 90-day period, such demonstration
shall be considered approved.''.
(d) Burden of Proof.--Section 319(b)(3) of the Clean Air Act (42
U.S.C. 7619(b)(3)) is further amended by adding at the end the
following:
``(E) Burden of proof.--The regulations promulgated
under this section shall provide that a determination
by the Administrator with respect to approval or
disapproval of an exceptional event demonstration be
based on a preponderance of the evidence. In making any
such determination, the Administrator shall accord
substantial deference to the findings of the State
exceptional event demonstration and may develop and use
analyses and consider evidence not provided by such
exceptional event demonstration.''.
(e) Appeals.--Section 319(b)(3) of the Clean Air Act (42 U.S.C.
7619(b)(3)) is further amended by adding at the end the following:
``(F) Appeals.--Approval or disapproval by the
Administrator of an exceptional event demonstration
shall be considered final action subject to judicial
review under section 307(b).''.
(f) Revision of Regulations.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency shall revise the regulations under section 319(b) of
the Clean Air Act (42 U.S.C. 7619(b)) to carry out the amendments made
by this Act. | Commonsense Legislative Exceptional Events Reforms Act of 2012 - Amends the Clean Air Act to revise provisions concerning state petitions to exclude air quality monitoring data influenced by exceptional events from determinations of exceedences or violations of the national ambient air quality standards by requiring criteria used in determining if there has been a demonstration of an exceptional event to be stated with specificity in order to minimize the discretion of the Administrator in approving or disapproving such demonstration.
Requires: (1) the Administrator to develop such criteria in conjunction with input from states, and (2) such criteria to reflect the technical expertise and resources available in state and local agencies and the availability of meteorological and other monitoring data in rural areas. Authorizes such criteria to vary with respect to different regions. Requires the Administrator, in developing such criteria, to consider using an expedited or streamlined approval process and conditions under which such demonstrations may be suitable for such process.
Requires the Administrator: (1) to approve or disapprove an exceptional event demonstration within 90 days of such demonstration; or (2) if the Administrator requests additional information from a state regarding such demonstration, to approve or disapprove such demonstration within 90 days of submission of such information. Considers such demonstrations to be approved if the Administrator does not take action within such time frames. Requires: (1) such approval or disapproval to be based on a preponderance of the evidence, and (2) the Administrator to accord substantial deference to state findings on such demonstration. Authorizes the Administrator to develop and use analyses and consider evidence not provided by such demonstration. Considers such approval or disapproval to be final action subject to judicial review.
Requires the Administrator to revise regulations concerning air quality monitoring data influenced by exceptional events to meet the requirements of this Act within 180 days of this Act's enactment. | To amend the Clean Air Act with respect to exceptional event demonstrations, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resource Family Recruitment and
Retention Act of 2008''.
SEC. 2. AGENCY RESPONSIBILITIES TO RESOURCE FAMILIES.
Section 471(a)(22) of the Social Security Act (42 U.S.C.
671(a)(22)) is amended--
(1) by striking ``that, not'' and inserting ``that--
``(A) not'';
(2) by adding ``and'' after the semicolon; and
(3) by adding at the end the following new subparagraph:
``(B) not later than January 1, 2009, such
standards require each public and private placement
agency, subject to the renewal of the agency's license
or other State approval, to annually certify to the
State that the agency provides foster parents with the
following:
``(i) Notification of scheduled meetings
concerning the child placed with the foster
parents in order to allow the foster parents
the opportunity to actively participate and
have input in the case planning and decision-
making process regarding the placement of the
child in their home.
``(ii) Support services to assist with the
care of the child, consistent with the child's
approved permanency plan.
``(iii) Open, complete, and timely
responses from the agency when contacted by
foster parents.
``(iv) Consistent with the requirements
under section 475(5)(D), information about the
child's medical history, educational history,
general behaviors, and life experiences, the
placement circumstances of the child, and the
relationship between the children and the
child's parents as soon as that information is
obtained by the agency.
``(v) Timely and complete information about
all permanency options available to the child
and the benefits, rights, and responsibilities
associated with each such option, including as
appropriate (but not limited to) the
availability of adoption assistance payments
and payments for nonrecurring adoption expenses
under an adoption agreement entered into under
section 473, the potential eligibility of the
individual for a Federal tax credit (under
section 23 of the Internal Revenue Code) for
adoption-related expenses, the availability of
medical coverage for the child, the
availability of post-permanency services, and
the availability of tuition support for the
child.
``(vi) Consultation with the foster parents
in the decision to release the foster parents'
address to the parents of the child and
notification when that information has been
provided to the child's parents.
``(vii) Assistance with the coordination of
services for dealing with family loss and
separation when a child leaves the foster home
and when relocation is not the result of an
immediate threat to the health and safety of
the child caused by the foster parent or a
member of the foster parent's family.
``(viii) Information on agency policies and
procedures that relate to the role of a foster
parent.
``(ix) Consistent with the requirements of
paragraph (24), appropriate training that will
enhance skills and ability of the foster
parent.
``(x) Information on how to receive
services and reach agency personnel on a 24
hours-a-day, 7 days-a-week basis.
``(xi) Confidentiality regarding
allegations of abuse involving a member of the
foster parent's family and an assurance that
the provision of such confidentiality shall not
interfere with the health or safety of the
child.
``(xii) The opportunity to be heard
regarding agency decisions or practices and an
assurance that the agency shall not discharge,
threaten, or otherwise discriminate or
retaliate against a foster parent for
questioning the decisions or practices of the
agency.
``(xiii) The provision to each foster
parent of--
``(I) consistent with section
475(5)(G), notice of, and an
opportunity to be heard at, all court
proceedings (including reviews and
hearings) that are held with respect to
a foster child placed in the foster
parent's care; and
``(II) support for participating in
such proceedings, including (but not
limited to) training and assisting with
transportation to and from the
proceedings;''.
SEC. 3. GRANTS TO IMPROVE THE EMPOWERMENT, LEADERSHIP, SUPPORT,
TRAINING, RECRUITMENT, AND RETENTION OF FOSTER CARE,
KINSHIP CARE, AND ADOPTIVE PARENTS.
Subpart 1 of part B of title IV of the Social Security Act (42
U.S.C. 621 et seq.) is amended by adding at the end the following new
section:
``SEC. 429B. GRANTS TO IMPROVE THE EMPOWERMENT, LEADERSHIP, SUPPORT,
TRAINING, RECRUITMENT, AND RETENTION OF FOSTER CARE,
KINSHIP CARE, AND ADOPTIVE PARENTS.
``(a) Authority To Award Grants.--The Secretary shall award grants
to eligible States for the purpose of carrying out innovative programs
to empower, provide leadership for, and improve the recruitment,
support, training, and retention of foster care, kinship care, and
adoptive parents (in this section referred to as `resource parents').
``(b) Eligible State.--A State is eligible for a grant under this
section if the State--
``(1) submits an application for the grant that includes
the information described in subsection (c); and
``(2) has approved State plans under this subpart, subpart
2 of this part, and part E.
``(c) Application Requirements.--For purposes of subsection (b)(1),
the information described in this subsection is the following:
``(1) Description of programs.--A description of the
programs the State proposes to implement with funds awarded
under this section that are consistent with the purposes
described in subsection (a) and that may include any or all of
the following:
``(A) Empowerment and leadership.--The
establishment of, or increased support for--
``(i) a Resource Parent Ombudsman who would
advocate on behalf of resource parents;
``(ii) programs to provide recognition of
resource parents as key partners in the child
welfare system;
``(iii) programs to provide career-path
acknowledgment for long-term master resource
parents;
``(iv) initiatives for courts to recognize
the role of the resource parent on a child's
service team;
``(v) flexible spending options that permit
States to purchase items that will help
resource parents do their jobs better and help
the children placed in their care, such as
computers, bedroom furnishings, transportation,
and after-school supports; and
``(vi) programs to involve resource parents
to a greater degree in assessment and case
planning activities.
``(B) Family support.--The establishment of, or
increased support for--
``(i) peer-to-peer support and mentoring
groups for resource parents;
``(ii) programs to assist resource parents
in caring for children with special needs;
``(iii) programs to provide reliable and
accessible respite care to help resource
parents recharge and avoid burnout;
``(iv) a 24-hour emergency hotline for
resource parents;
``(v) a Medicaid hotline to secure medical
services under the State plan under title XIX
or the State child health plan under title XXI
(as appropriate) for children under the care of
resource parents;
``(vi) family preservation services for
crises situations;
``(vii) direct services, including ongoing
in-service psychological and education and
support, that address child behavior issues
common among foster care and adopted children
and caregiver interests and concerns; and
``(viii) experienced parent advocates who
can serve as liaisons to other resource parents
and provide information and support as needed.
``(C) Training.--The establishment of, or increased
support for--
``(i) training programs on the court
process, the role of court appointed special
advocates (commonly referred to as `CASA') and
Guardians ad Litem;
``(ii) training programs on caring for
children with special needs;
``(iii) high-quality initial and ongoing
training for resource parents targeted
specifically at understanding the needs and
behaviors of foster care and adopted children,
as well as presenting specific techniques for
meeting a child's special needs;
``(iv) educational innovations (such as
online learning and access to Internet
websites) with credit given toward mandatory
training for participation in the
nontraditional training, offered at no cost to
the resource parents.
``(D) Recruitment and retention.--The establishment
of, or increased support for--
``(i) innovative ways to provide outreach
to increase participation of new resource
parents;
``(ii) alliances with faith-based
organizations to improve the recruitment and
support of resource parents;
``(iii) programs to engage the business
community and other community partners in the
recruitment and retention of resource parents;
``(iv) targeted recruitment efforts for
local communities or neighborhoods;
``(v) programs to provide convenient
education and licensing options for resource
parents; and
``(vi) programs to mitigate language and
cultural barriers to the recruitment and
retention of resource parents, including
through the provision of culturally or
linguistically specific materials.
``(2) Development plan.--A 12-month plan detailing the
strategies and process the State will use to develop such
programs.
``(3) Implementation plan.--A 48-month plan detailing the
strategies and process the State will use to implement such
programs.
``(4) Cooperative agreements with support organizations.--
An assurance that the State will enter into cooperative
agreements with nonprofit organizations that provide support
for foster care, kinship care, or adoption, to assist with
implementation of the programs carried out with funds awarded
under this section.
``(5) Evaluation plan.--A plan for independent evaluation
of the programs carried out with such funds.
``(d) Allotments.--
``(1) In general.--Each eligible State which has an
application approved under this section shall be entitled to
payment, for each of fiscal years 2009 through 2013, from the
amount appropriated under subsection (e) for such fiscal year,
of an amount equal to the sum of $75,000 plus the amount
described in paragraph (2) for the fiscal year.
``(2) Proportionally based on state share of children in
foster care.--The amount described in this subparagraph for any
fiscal year is the amount that bears the same ratio to the
remainder of the amount appropriated under subsection (e) for
such fiscal year, after the application of paragraph (1) for
the fiscal year, as the number of children in foster care under
the supervision of the State in the State who have not attained
18 years of age bears to the total number of such children in
all States which have approved applications under this section
for such fiscal year.
``(3) No effect on other payments under this subpart.--
Amounts paid to an eligible State under this section for a
fiscal year shall be in addition to any other amounts paid to
the State under this subpart for this fiscal year.
``(e) Appropriation; Nonapplication.--Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated to the Secretary for purposes of awarding grants under
this section, $10,400,000 for each of fiscal years 2009 through 2013,
to remain available until expended. Section 425 shall not apply to
amounts appropriated under this subsection for a fiscal year.''. | Resource Family Recruitment and Retention Act of 2008 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) with respect to the requirement that state foster care and adoption assistance plans require development of standards to ensure that children in foster care placements in public or private agencies receive quality services that protect their safety and health.
Requires such standards to require each public and private placement agency, subject to renewal of its license or other state approval, to certify annually to the state that it provides foster parents with specified services and information.
Numbers among such services and information: (1) notifications of scheduled meetings to allow foster parents the opportunity to participate actively in the case planning and decision-making regarding placement of a child in their home; (2) support services to assist with care of the child; (3) information about the child's medical history, educational history, general behaviors, life experiences, the placement circumstances of the child, and the relationship between the child and his or her parents; (4) timely and complete information about all permanency options available to the child; and (5) assistance with the coordination of services for dealing with family loss and separation when a child leaves the foster home.
Amends SSA title IV part B (Child and Family Services) to direct the Secretary of Health and Human Services to award grants to eligible states for innovative programs to empower, provide leadership for, and improve the recruitment, support, training, and retention of foster care, kinship care, and adoptive parents. | A bill to amend part E of title IV of the Social Security Act to ensure States follow best policies and practices for supporting and retaining foster parents and to require the Secretary of Health and Human Services to award grants to States to improve the empowerment, leadership, support, training, recruitment, and retention of foster care, kinship care, and adoptive parents. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom and Flexibility to Rebuild
Act of 2005''.
SEC. 2. LOUISIANA FLEXIBILITY.
(a) High Priority Projects.--The following items in the table
contained in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59) are
each amended by striking the project description and inserting ``Such
projects as are eligible for assistance under the surface
transportation program established under 23 U.S.C. 133 and are
designated by the State of Louisiana'': 38, 60, 76, 120, 183, 235, 273,
352, 432, 499, 612, 761, 870, 945, 1332, 1362, 1380, 1427, 1483, 1534,
1629, 1731, 1968, 2184, 2203, 2225, 2226, 2258, 2291, 2361, 2380, 2388,
2400, 2418, 2470, 2675, 2703, 2712, 2751, 3037, 3080, 3088, 3103, 3110,
3231, 3290, 3342, 3423, 3424, 3453, 3525, 3629, 4226, 4227, 4228, 4229,
4230, 4231, 4232, 4233, 4234, 4235, 4236, 4237, 4238, 4239, 4240, 4241,
4242, 4243, 4244, 4245, 4246, 4247, 4248, 4249, 4250, 4251, 4252, 4253,
4254, 4255, 4256, 4257, 4258, 4259, 4260, 4261, 4262, 4263, and 4264.
(b) Transportation Improvement.--Item 171 in the table contained in
section 1934 of such Act is amended by striking the project description
and inserting ``Such projects as are eligible for assistance under the
surface transportation program established under 23 U.S.C. 133 and are
designated by the State of Louisiana''.
(c) National Corridor Infrastructure Improvements.--The following
items in the table contained in section 1302 of such Act are each
amended by striking the project description and inserting ``Such
projects as are eligible for assistance under the surface
transportation program established under 23 U.S.C. 133 and are
designated by the State of Louisiana'': 2, 8, 25, 28, and 29.
(d) Bus and Bus-Related Facilities Improvements.--The following
items in the table contained in section 3044(a) of such Act are each
amended by striking the project description and inserting: ``Such
projects as are eligible for assistance under the surface
transportation program established under 23 U.S.C. 133 and are
designated by the State of Louisiana'': 55, 67, 72, 170, 239, 243, 277,
283, 310, 356, 484, 555, 568, 606, and 625.
SEC. 3. MISSISSIPPI FLEXIBILITY.
(a) High Priority Projects.--The following items in the table
contained in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59) are
each amended by striking the project description and inserting ``Such
projects as are eligible for assistance under the surface
transportation program established under 23 U.S.C. 133 and are
designated by the State of Mississippi'': 105, 175, 178, 212, 214, 293,
409, 411, 527, 648, 1001, 1201, 1281, 1283, 1287, 1458, 1470, 1474,
1482, 1643, 1716, 1717, 1896, 1969, 2011, 2022, 2028, 2085, 2138, 2242,
2264, 2347, 2348, 2422, 2519, 2587, 2642, 2748, 2769, 3035, 3084, 3118,
3171, 3193, 3450, 3458, 3522, 3523, 4396, 4397, 4398, 4399, 4400, 4401,
4402, 4403, 4404, 4405, 4406, 4407, 4408, 4409, 4410, and 4411.
(b) Transportation Improvements.--The following items in the table
contained in section 1934 of such Act are each amended by striking the
project description and inserting ``Such projects as are eligible for
assistance under the surface transportation program established under
23 U.S.C. 133 and are designated by the State of Mississippi'': 227,
228, 229, 230, 231, 232, and 233.
(c) Bus and Bus-Related Facilities.--Items 130 and 547 in the table
contained in section 3044(a) of such Act are each amended by striking
the project description and inserting ``Such projects as are eligible
for assistance under the surface transportation program established
under 23 U.S.C. 133 and are designated by the State of Mississippi''.
SEC. 4. ALABAMA FLEXIBILITY.
(a) High Priority Projects.--The following items in the table
contained in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59) are
each amended by striking the project description and inserting: ``Such
projects as are eligible for assistance under the surface
transportation program established under 23 U.S.C. 133 and are
designated by the State of Alabama'': 104, 177, 256, 322, 341, 827,
921, 940, 1129, 1252, 1310, 1333, 1372, 1448, 1460, 1463, 1485, 1572,
1586, 1787, 1831, 1860, 1906, 1935, 2190, 2265, 2323, 2395, 2516, 2541,
2581, 2593, 2608, 2615, 2723, 2779, 2792, 2872, 2887, 2898, 2952, 3142,
3189, 3287, 3352, 3354, 3372, 3728, 3729, 3730, 3731, 3732, 3733, and
3734.
(b) Transportation Improvements.--Items 14, 15, and 16 in the table
contained in section 1934 of such Act are each amended by striking the
project description and inserting ``Such projects as are eligible for
assistance under the surface transportation program established under
23 U.S.C. 133 and are designated by the State of Alabama''.
(c) Bus and Bus-Related Facilities.--The following items in the
table contained in section 3044(a) of such Act are each amended by
striking the project description and inserting ``Such projects as are
eligible for assistance under the surface transportation program
established under 23 U.S.C. 133 and are designated by the State of
Alabama'': 98, 437, 461, 462, 469, 496, 501, 503, 504, 507, 528, 534,
582, 644, 645, 646, 647, and 650. | Freedom and Flexibility to Rebuild Act of 2005 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to revise the allocation of specified surface transportation projects for the states of Louisiana, Mississippi, and Alabama to allow such states to designate other eligible transportation projects for such projects. | To amend Public Law 109-59 to allow the States of Louisiana, Mississippi, and Alabama to designate the projects for which certain highway and transit funds allocated to such States may be obligated. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 1999''.
SEC. 2. COMPUTER SOFTWARE REQUIRED.
(a) Installation Required.--Any elementary or secondary school or
public library that has received under any program or activity of any
Federal agency any funds for the acquisition or operation of any
computer that is accessible to minors and that has access to the
Internet shall--
(1) install software on that computer that is determined
(in accordance with subsection (b)) to be adequately designed
to prevent minors from obtaining access to any obscene
information or child pornography using that computer; and
(2) ensure that such software is operational whenever that
computer is used by minors, except that such software's
operation may be temporarily interrupted to permit a minor to
have access to information that is not obscene, is not child
pornography, or is otherwise unprotected by the Constitution
under the direct supervision of an adult designated by such
school or library.
(b) Determination of Adequate Design.--For any elementary or
secondary school or public library within the jurisdiction of any
State, the determinations required for purposes of subsection (a)(1)
shall be made by an agency or official designated by the chief
executive officer of such State. For any elementary or secondary school
or public library that is not within the jurisdiction of any State, the
determinations required for purposes of subsection (a)(1) shall be made
by the Secretary of Education.
(c) Consequences of Violations.--
(1) Use of general education provisions act remedies.--
Whenever the head of any Federal agency has reason to believe
that any recipient of funds under any program or activity is
failing to comply substantially with the requirements of
subsection (a), the head of such agency may--
(A) withhold further payments under that program or
activity,
(B) issue a complaint to compel compliance through
a cease and desist order, or
(C) enter into a compliance agreement with a
recipient to bring it into compliance,
in same manner as the Secretary of Education is authorized to
take such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act (20
U.S.C. 1234d).
(2) Recovery of funds prohibited.--The actions authorized
by paragraph (1) are the exclusive remedies available with
respect to a violation of subsection (a), and the head of any
Federal agency shall not seek a recovery of funds from the
recipient.
(d) Definitions.--For purposes of this section:
(1) Elementary or secondary school.--The term ``elementary
or secondary school'' means an elementary school or a secondary
school as such terms are defined in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) Public library.--The term ``public library'' means has
the meaning given the term ``library'' by section 213 of the
Library Services and Technology Act (20 U.S.C. 9122).
(3) Computer.--The term ``computer'' includes any hardware,
software, or other technology attached or connected to,
installed in, or otherwise used in connection with a computer.
(4) Access to internet.--A computer shall be considered to
have access to the Internet if such computer is equipped with a
modem or is connected to a computer network which has access to
the Internet.
(5) Acquisition or operation.--A elementary or secondary
school or public library shall be considered to have received
under a program or activity of any Federal agency any funds for
the acquisition or operation of any computer if such funds are
used in any manner, directly or indirectly--
(A) to purchase, lease, or otherwise acquire or
obtain the use of such computer, or
(B) to obtain services, supplies, software, or
other actions or materials to support, or in connection
with, the operation of such computer.
(6) Federal agency.--The term ``Federal agency'' has the
meaning given the term `agency' by section 551(1) of title 5,
United States Code.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(8) Child pornography.--The term ``child pornography'' has
the meaning provided in section 2256(8) of title 18, United
States Code. | Child Protection Act of 1999 - Requires any elementary or secondary school or public library that has received Federal funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet to: (1) install software on that computer adequately designed to prevent minors from obtaining access to any obscene information or child pornography; and (2) ensure that such software is operational whenever that computer is used by minors.
Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution.
Requires determinations of adequate design to be made by an agency or official designated by the State Governor.
Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient. | Child Protection Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Trust Fund
Amendments of 1993''.
Sec. 2. Title II, section 201 of the Social Security Act (42 U.S.C.
401) is amended by deleting subsections (c) and (d) and inserting in
lieu thereof the following:
``(c) Board of Trustees: Duties; Reports to Congress.--With respect
to the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund (hereinafter in this subchapter
called the ``Trust Funds'') there is hereby created a body to be known
as the Board of Trustees of the Trust Funds (hereinafter in this
subchapter called the ``Board of Trustees'') which Board of Trustees
shall be composed of the Secretary of the Treasury, the Secretary of
Labor, and the Secretary of Health and Human Services, all ex officio,
and of eight members of the public (not more than four of whom may be
from the same political party), who shall be nominated by the President
for a term of four years and subject to confirmation by the Senate. The
terms of two of the members of the public shall expire each year. A
member of the Board of Trustees serving as a member of the public and
nominated and confirmed to fill a vacancy occurring during a term shall
be nominated and confirmed only for the remainder of such term. An
individual nominated and confirmed as a member of the public may serve
in such position after the expiration of such member's term until the
earlier of the time at which the member's successor takes office or the
time at which a report of the Board is first issued under paragraph (2)
after the expiration of the member's term. The Secretary of the
Treasury shall be the Managing Trustee of the Board of Trustees
(hereinafter in this subchapter called the ``Managing Trustee''). The
Commissioner of Social Security shall serve as Secretary of the Board
of Trustees. The Board of Trustees shall meet not less frequently than
ten times each calendar year. It shall be the duty of the Board of
Trustees to--
``(1) hold the Trust Funds;
``(2) report to the Congress not later than the first day
of April of each year on the operation and status of the Trust
Funds during the preceding fiscal year and on their expected
operation and status during the next ensuing five fiscal years;
``(3) report immediately to the Congress whenever the Board
of Trustees is of the opinion that the amount of either of the
Trust Funds is unduly small;
``(4) recommend improvements in administrative procedures
and policies designed to effectuate the proper coordination of
the old-age and survivors insurance and Federal-State
unemployment compensation program;
``(5) review the general policies followed in managing the
Trust Funds, and recommend changes in such policies, including
necessary changes in the provisions of the law which govern the
way in which the Trust Funds are to be managed; and
``(6) approve the investment of funds and discharge their
duties in a manner which is solely in the interest of the
beneficiaries of the funds; and
``(A) for the exclusive purpose of--
``(i) providing benefits for the
beneficiaries; and
``(ii) defraying reasonable expenses of
administering the fund;
``(B) with the care, skill, prudence, and diligence
under the circumstances then prevailing that a prudent
person acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a
like character and with like aims;
``(C) by diversifying the investments of the plan
so as to minimize the risk of large losses, unless
under the circumstances it is clearly prudent not to do
so; and
``(D) in accordance with the provisions of
subsection (d) below.
``(d) Investments.--It shall be the duty of the Managing Trustee to
invest such portion of the Trust Funds as is not, in his judgment,
required to meet current withdrawals. Not more than one-fourth of such
investments (based upon the cost at the time of investment) may be held
in interest-bearing obligations of the United States. For such purpose
such obligations may be acquired (1) on original issue at the issue
price, or (2) by purchase of outstanding obligations at the market
price. The purposes for which obligations of the United States may be
issued under chapter 31 of title 31 are hereby extended to authorize
the issuance at par of public-debt obligations for purchase by the
Trust Funds. Such obligations issued for purchase by the Trust Funds
shall have maturities fixed with due regard for the needs of the Trust
Funds and shall bear interest at a rate equal to the average market
yield (computed by the Managing Trustee on the basis of market
quotations as of the end of the calendar month next preceding the date
of such issue) on all marketable interest-bearing obligations of the
United States then forming a part of the public debt which are not due
or callable until after the expiration of four years from the end of
such calendar month; except that where such average market yield is not
a multiple of one-eighth of 1 per centum, the rate of interest of such
obligations shall be the multiple of one-eighth of 1 per centum nearest
such market yield. The Managing Trustee, with the approval of a
majority of the Board of Trustees, shall invest the funds not required
to meet current withdrawals and not invested in interest-bearing
obligations of the United States described above, in other interest-
bearing obligations of the United States or obligations guaranteed as
to both principal and interest by the United States, on original issue
or at the market price, and in bonds, debentures, and securities in
accordance with the provisions of section (c).''. | Social Security Trust Fund Amendments of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require that the Board of Trustees of the OASDI trust funds include eight members of the public, rather than two, and meet at least ten times each calendar year. Imposes a duty on the Board to use prudent person standards in overseeing the investment of OASDI funds for the exclusive purposes of providing benefits for OASDI beneficiaries and defraying reasonable expenses in administering such funds. Limits the proportion of such funds which may be invested in interest-bearing obligations of the United States. | Social Security Trust Fund Amendments of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Self-Employment Act of
2005''.
SEC. 2. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT OF TRAINING
COSTS ASSOCIATED WITH THE PURCHASE OF CERTAIN FRANCHISE
ENTERPRISES.
(a) Establishment of Five-Year Pilot Project.--The Secretary of
Veterans Affairs shall conduct a five-year pilot project to test the
feasibility and advisability of the use of educational assistance under
the programs of the Department of Veterans Affairs under the following
provisions of law to pay for training costs associated with the
purchase of a franchise enterprise:
(1) Chapter 30 of title 38, United States Code.
(2) Chapter 32 of such title.
(3) Chapter 35 of such title.
(4) Chapter 1606 of title 10, United States Code.
(5) Chapter 1607 of title 10, United States Code.
(b) Amount of Payment.--
(1) In general.--Subject to paragraph (3), the amount of
educational assistance payable under the applicable provision
of law referred to in subsection (a) to an individual entitled
to such assistance under such provision of law for the payment
of training costs associated with the purchase of a franchise
enterprise is equal to the lesser of \1/2\ of the franchise fee
or \1/3\ of the remaining amount of educational assistance to
which the individual is entitled under such applicable
provision of law, such remaining amount determined as of the
date of approval by the Secretary of the individual's
application for such assistance for payment of such training
costs.
(2) Lump sum payment.--Amounts payable to an individual
under paragraph (1) shall be made in a lump sum.
(c) Requirements for Payment.--
(1) Requirement for the provision of training.--Payment may
not be made for training costs associated with the purchase of
a franchise enterprise under the pilot project under this
section unless--
(A) appropriate training is required and provided
with respect to the purchase and operation of the
franchise operation; and
(B) such training, and the entity or organization
offering the training, are approved by the Secretary in
accordance with this subsection.
(2) General requirements for approval.--The requirements of
approval for such training and organizations or entities
offering such training shall be in accordance with the
applicable provisions of chapters 30, 32, 35, and 36 of title
38, United States Code, and chapters 1606 and 1607 of title 10,
United States Code, and with regulations prescribed by the
Secretary to carry out this section, and shall include the
following:
(A) The organization or entity certifies to the
Secretary that the training offered by the organization
or entity is generally accepted, in accordance with
relevant government, business, or industry standards,
employment policies, or hiring practices, as attesting
to a level of knowledge or skill required to own and
successfully operate a franchise operation.
(B) The organization or entity is licensed,
chartered, or incorporated in a State and has offered
such training for a minimum of two years before the
date on which the organization or entity first submits
to the Secretary an application for approval under this
section.
(C) The organization or entity maintains
appropriate records with respect to all trainees who
pursue such training for a period prescribed by the
Secretary, but in no case for a period of less than
three years.
(D) The organization or entity promptly issues
progress reports on the training and notice of the
successful completion of such training to the trainee.
(E) The organization or entity has in place a
process to review complaints submitted against the
organization or entity with respect to the training or
the process for acquiring a franchise enterprise.
(F) The organization or entity furnishes to the
Secretary the following information:
(i) A description of the training offered
by the organization or entity, including the
purpose of the training, the vocational,
professional, governmental, and other entities
that recognize the training, and the license or
certificate (if any) issued upon successful
completion of the training.
(ii) The requirements to undertake the
training, including the amount of the fee
charged for the training and any prerequisite
education, training, skills, or other
certification.
(G) Upon request of the Secretary, the organization
or entity furnishes such information to the Secretary
that the Secretary determines necessary to perform an
assessment of--
(i) the training conducted by the
organization or entity; and
(ii) the applicability of the training over
such periods of time as the Secretary
determines appropriate.
(3) Consideration of past performance.--In determining
whether to make payment under the pilot project to an
organization or entity offering training, the Secretary shall
consider the rate of success of the organization or entity in
the training of individuals to own and successfully operate a
franchise enterprise.
(4) Authority for the use of state approving agencies for
approval of training and organizations or entities.--To the
extent that the Secretary determines practicable, State
approving agencies may, in lieu of the Secretary, approve
training, and organizations and entities offering such
training, under this section.
(d) Entitlement Charges.--
(1) Chapter 30.--The number of months of entitlement
charged an individual under chapter 30 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(2) Chapter 32.--The number of months of entitlement
charged an individual under chapter 32 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(3) Chapter 35.--The number of months of entitlement
charged an individual under chapter 35 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(4) Chapter 1606.--The number of months of entitlement
charged an individual under chapter 1606 of title 10, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(5) Chapter 1607.--The number of months of entitlement
charged an individual under chapter 1607 of title 10, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(e) Administration.--Except as otherwise specifically provided in
this section or chapter 30, 32, 35, or 36 of title 38, United States
Code, or chapters 1606 or 1607 of title 10, United States Code, in
implementing this section and making payment under the applicable
provision of law referred to in subsection (a) of training costs
associated with the purchase of a franchise enterprise, the training is
deemed to be a ``course'' and the organization or entity that offers
such training is deemed to be an ``institution'' or ``educational
institution'', respectively, as those terms are applied under and for
purposes of sections 3671, 3673, 3674, 3678, 3679, 3680(a), 3680A,
3681, 3682, 3683, 3685, 3690, 3691, and 3696 of title 38, United States
Code.
(f) Rule of Construction.--Payments under this section shall not be
construed as payment for on-job training benefits under title 38,
United States Code.
(g) Implementation.--The Secretary shall implement the pilot
project under this section as soon as practicable, but in no case later
than the date that is 18 months after the date of the enactment of this
Act.
(h) GAO Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct periodic evaluations of the pilot project.
(2) Report.--Not later than the date that is the end of the
third year of the pilot project, the Comptroller General shall
submit to Congress a report on the evaluations conducted under
paragraph (1). The report shall include the following
information:
(A) The number of individuals who participated in
the pilot project.
(B) The number of franchise enterprises operated by
such individuals by reason of such participation.
(C) The aggregate payments made by the Secretary of
Veterans Affairs under the pilot project.
(D) Recommendations for the continuation of the
pilot project.
(E) Recommendations for such other administrative
action or legislation as the Comptroller General
determines to be appropriate. | Veterans Self-Employment Act of 2005 - Directs the Secretary of Veterans Affairs to conduct a five-year pilot project to test the feasibility and advisability of the use of educational assistance under certain programs of the Department of Veterans Affairs to pay for training costs associated with the purchase of a franchise enterprise. Prohibits the use of such assistance unless: (1) training is required and provided in connection with the purchase and operation of a franchise; and (2) such training, and the training entity, are approved by the Secretary. Provides training and entity approval requirements. | To direct the Secretary of Veterans Affairs to conduct a pilot project on the use of educational assistance under programs of the Department of Veterans Affairs to defray training costs associated with the purchase of certain franchise enterprises. |
SECTION 1. TRADE NEGOTIATING OBJECTIVES.
Section 1101 of the Omnibus Trade and Competitiveness Act of 1988
(19 U.S.C. 2901) is amended as follows:
(1) Overall trade negotiating objectives.--Subsection (a)
is amended--
(A) in paragraph (2) by striking ``and'' after the
semicolon;
(B) in paragraph (3) by striking the period and
inserting ``; and''; and
(C) by adding after paragraph (3) the following:
``(4) increased compatibility of trade agreements with
environmental protection, conservation, and sustainable
development.''.
(2) Principal trade negotiating objectives.--Subsection (b)
is amended as follows:
(A) Dispute settlement.--Paragraph (1)(B) is
amended to read as follows:
``(B) to ensure that such mechanisms within trade
agreements to which the United States is a party
provide for more effective and expeditious resolution
of disputes, improve transparency and public
participation, and enable better enforcement of United
States rights, including those relating to environment
and conservation.''.
(B) Transparency.--Paragraph (3) is amended by
inserting ``, including those related to environment
and conservation,'' after ``trade matters''.
(C) Developing countries.--Paragraph (4) is
amended--
(i) in subparagraph (A) by striking ``and''
after the semicolon;
(ii) in subparagraph (B) by striking the
period and inserting ``; and''; and
(iii) by adding after subparagraph (B) the
following:
``(C) to take into account the particular needs of
developing countries in trade matters relating to
environment and conservation.''.
(D) Unfair trade practices.--Paragraph (8)(A) is
amended--
(i) by striking ``the GATT and nontariff
measure'' and inserting ``trade''; and
(ii) by inserting ``and other practices
potentially harmful to the environment'' after
``resource input subsidies''.
(E) Intellectual property.--Paragraph (10) is
amended--
(i) in subparagraph (C) by striking ``and''
after the semicolon;
(ii) in subparagraph (D) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) to promote compatibility of established
standards of the World Trade Organization relating to
intellectual property with existing international
biological diversity conventions.''.
(F) Foreign investment.--Paragraph (11) is
amended--
(i) by striking ``direct'' in the paragraph
heading and each place it appears in the text;
and
(ii) in subparagraph (A)(ii)--
(I) by striking ``and'' at the end
of subclause (I);
(II) by striking the period at the
end of subclause (II) and inserting ``,
and''; and
(III) by adding at the end the
following:
``(III) will promote
environmentally sensitive foreign
investment and discourage countries
from attracting or maintaining foreign
investment by relaxing domestic health,
safety, or environmental measures.''.
(G) Additional objectives.--Subsection (b) is
amended by adding at the end the following:
``(17) Environment and conservation.--The principal
negotiating objectives of the United States regarding
environment and conservation issues related to trade and
foreign investment are to--
``(A) promote compatibility between trade
agreements and sustainable development, and foster the
continual protection and improvement of the
environment, while recognizing national sovereignty;
``(B) increase cooperation on trade-related
environmental policies to better conserve, protect, and
enhance the environment;
``(C) avoid trade distortions or barriers that
undermine environmental protection and conservation or
that constitute disguised protectionism;
``(D) promote transparency and public
participation, and increase consumer information in the
development of environmental laws, regulations, and
policies; and
``(E) promote compatibility of trade agreements
with international environmental agreements to protect
shared global resources.
``(18) Wood and wood products.--The principal negotiating
objectives of the United States regarding trade in wood and
wood products are to--
``(A) promote sustainable forestry practices; and
``(B) increase market access for value-added wood
products and wood products that are produced from
timber that is sustainably harvested.''.
SEC. 2. CITIZEN PARTICIPATION.
Section 135 of the Trade Act of 1974 (19 U.S.C. 2155) is amended as
follows:
(1) Advisory committee for trade policy and negotiations.--
Subsection (b)(1) is amended by inserting ``nongovernmental
environmental and conservation organizations,'' after
``governments,''.
(2) General policy, sectoral, or functional committees.--
Subsection (c) is amended--
(A) in paragraph (1)--
(i) by inserting ``environment and
conservation,'' after ``general policy advisory
committees for'';
(ii) by inserting ``environment and
conservation,'' after ``representative of
all'';
(iii) by striking ``and the Secretaries''
and all that follows through ``or other
executive'' and inserting ``, the Secretaries
of the Interior, Commerce, Defense, Labor,
Agriculture, and the Treasury, and the
Administrators of the Environmental Protection
Agency and the National Oceanic and Atmospheric
Administration, or the heads of other
executive''; and
(iv) by inserting ``and Administrators''
after ``such Secretaries'';
(B) in paragraph (2)--
(i) by inserting ``environment and
conservation,'' after ``representative of
all'';
(ii) by striking ``and the Secretaries''
and all that follows through ``or other
executive'' and inserting ``, the Secretaries
of the Interior, Commerce, Labor, Agriculture,
and the Treasury, and the Administrators of the
Environmental Protection Agency and the
National Oceanic and Atmospheric
Administration, or the heads of other
executive''; and
(iii) in subparagraph (B)--
(I) by redesignating clauses (iii)
through (v) as clauses (iv) through
(vi), respectively; and
(II) by inserting after clause (ii)
the following:
``(iii) environmental impacts of
liberalized trade and investment,''.
(3) Advice and information.--Subsection (d) is amended by
striking ``and the Secretaries'' and all that follows through
``or other executive'' and inserting ``, the Secretaries of the
Interior, Agriculture, Commerce, Labor, and Defense, and the
Administrators of the Environmental Protection Agency and the
National Oceanic and Atmospheric Administration, or the heads
of other executive''.
(4) Meetings at close of negotiations.--Subsection (e) is
amended by adding at the end the following:
``(4) The report of the appropriate sectoral or functional
committee or committees under paragraph (1) shall include an
advisory opinion as to the significant environmental effects of
trade conducted within the sector or within the functional
area.''.
(5) Trade secrets and confidential information.--Subsection
(g)(3) is amended by striking ``and the Secretaries'' and all
that follows through ``or other executive'' and inserting ``,
the Secretaries of the Interior, Commerce, Labor, Defense, and
Agriculture, and the Administrators of the Environmental
Protection Agency and the National Oceanic and Atmospheric
Administration, or the heads of other executive''.
(6) Advisory committee support.--Subsection (h) is amended
by striking ``and the Secretaries'' and all that follows
through ``or other executive'' and inserting ``, the
Secretaries of the Interior, Commerce, Labor, Defense,
Agriculture, and the Treasury, and the Administrators of the
Environmental Protection Agency and the National Oceanic and
Atmospheric Administration, or the heads of other executive''.
(7) Consultation with advisory committees.--Subsection (i)
is amended--
(A) by inserting ``the Interior,'' after
Secretaries of''; and
(B) by striking ``the Treasury, or other
executive'' and inserting ``and the Treasury and the
Administrator of the Environmental Protection Agency
and the National Oceanic and Atmospheric
Administration, or the heads of other executive''.
(8) Private organizations or groups.--Subsection (j) is
amended by inserting ``environment and conservation,'' after
``government''.
SEC. 3. ADDITIONAL NEGOTIATING OBJECTIVES.
Section 1101 of the Omnibus Trade and Competitiveness Act of 1988
is amended by adding at the end the following:
``(c) Specific Objectives for Particular Forums.--
``(1) WTO.--The principal negotiating objectives of the
United States regarding environment and conservation in the
World Trade Organization and the Committee on Trade and
Environment of the World Trade Organization are--
``(A) to develop guidelines for the use of national
trade and investment measures designed to protect the
environment, including those related to the product
life cycle;
``(B) to increase transparency, openness, and
public participation in dispute settlement procedures;
``(C) to improve the rules and agreements of the
World Trade Organization regarding measures to protect
domestic environmental standards and conservation
measures;
``(D) to promote greater compatibility of the rules
and agreements of the World Trade Organization with
international environmental agreements that rely upon
trade sanctions for enforcement;
``(E) to consider incentives, including improved
market access, that might promote resolution of
environmental issues relating to international trade;
``(F) to consider intellectual property rules that
may promote greater protection of biodiversity;
``(G) to develop guidelines with respect to trade
in domestically prohibited or severely restricted
goods;
``(H) to achieve progress toward eliminating
agricultural subsidies that distort trade and harm the
environment; and
``(I) to create an open process to consider
continually new trade-related initiatives to promote
sustainable development, internalize environmental
costs, and enhance environmental protection and the
effectiveness of conservation measures.
``(2) Bilateral trade or nafta accession.--The principal
negotiating objectives of the United States with respect to
bilateral trade accession to the North American Free Trade
Agreement are--
``(A) to establish, where relevant for the country
seeking accession, minimum environmental safeguards
that are not less than those contained in the North
American Free Trade Agreement and the North American
Agreement on Environmental Cooperation; and
``(B) to implement such additional measures as may
be needed to address country-specific trade and
environment issues.
``(3) Asia-pacific economic cooperation forum.--The
principal negotiating objectives of the United States in the
Asia-Pacific Economic Cooperation forum (APEC) are--
``(A) to develop a program relating to environment
and conservation measures of relevance to member
countries of APEC; and
``(B) to establish a permanent institutional
mechanism or secretariat and a timetable for
implementing the program developed under subparagraph
(A).''. | Amends the Omnibus Trade and Competitiveness Act of 1988 to add as an overall U.S. trade negotiating objective that the United States obtain increased compatibility of trade agreements with environmental protection, conservation, and sustainable development.
(Sec. 1) Declares principal U.S. trade negotiating objectives includes ensuring that dispute settlement mechanisms within trade agreements provide for more effective and expeditious resolution of disputes, improve transparency and public participation, and enable better enforcement of U.S. rights, including those relating to environment and conservation; (2) obtaining broader application of the principle of transparency through the observance of open and equitable procedures by GATT Contracting Parties to the GATT in trade matters related to environment and conservation; (3) taking into account the particular needs of developing countries in trade matters relating to environment and conservation; (4) improving the provisions of trade agreements to discipline unfair trade practices having adverse trade effects, including practices potentially harmful to the environment;(5) promoting compatibility of established standards of the World Trade Organization (WTO) relating to intellectual property with existing international biological diversity conventions; and (6) developing internationally agreed rules, including dispute settlement procedures, which will promote environmentally sensitive foreign investment and discourage countries from attracting or maintaining foreign investment by relaxing domestic health, safety, or environmental measures.
Declares that the principal U.S. negotiating objectives: (1) regarding environment and conservation issues related to trade and foreign investment are, among other things, to promote compatibility between trade agreements and the protection of the environment and global resources; and (2) regarding trade in wood and wood products are to promote sustainable forestry practices, and to increase market access for value-added wood products and wood products that are produced from timber that is sustainably harvested.
(Sec. 2) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include nongovernmental environmental and conservation organizations. Authorizes the President to establish individual general policy and sectoral or functional advisory committees for environment and conservation. Requires a specified report of the appropriate sectoral or functional committees concerning proposed trade agreements to include an advisory opinion as to the significant environmental effects of trade conducted within the sector or functional area.
(Sec. 3) Amends the Omnibus Trade and Competitiveness Act of 1988 to declare that the principal U.S. negotiating objectives regarding environment and conservation in the WTO and the Committee on Trade and Environment of the WTO are, among other things, to promote greater compatibility of the rules and agreements of the WTO with international agreements that rely upon trade sanctions for enforcement.
Declares that the principal U.S. negotiating objectives with respect to bilateral trade accession to the North American Free Trade Agreement (NAFTA) are to establish for the country seeking accession minimum environmental safeguards that are not less than those contained in NAFTA and the North American Agreement on Environmental Cooperation.
Declares that the principal U.S. negotiating objectives with respect to the Asia-pacific Economic Cooperation form (APEC) are to develop a program relating to environment and conservation measures of relevance to member countries of APEC. | To modify the negotiating objectives of the United States for future trade agreements, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treaty of Greene Ville 200th
Anniversary Commemorative Coin Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The rapid westward expansion of the United States led
to warfare between white settlers and the Native Americans.
(2) During the early 1790s, British traders in the
Northwest Territory encouraged Native Americans to attack
frontier settlements.
(3) After twice defeating United States Army expeditions,
the Native Americans in the Northwest Territory were finally
defeated in 1794 by General Anthony Wayne at the Battle of
Fallen Timbers.
(4) On August 3, 1795, 1 year after General Wayne's defeat
of the Native Americans at Fallen Timbers, Ohio, General Wayne
and the chiefs of the Delaware, Shawnee, Wyandot, Miami
Confederacy, and other tribes negotiated the Treaty of Greene
Ville.
(5) In the Treaty, a definite boundary was established
between Indian lands and the lands open to settlement, and the
defeated tribes surrendered the southern two-thirds of what is
now the State of Ohio and the southern part of what is now the
State of Indiana and agreed to move west into the northern part
of what is now the State of Indiana.
(6) Because of the Treaty, the British were forced into
what is now Canada and their influence over the Native
Americans in the region was eliminated.
(7) The Treaty of Greene Ville provided for the start of
westward expansion in the United States.
(8) In historical importance, the events at Fort Greene
Ville rank next to the events at Bunker Hill, Yorktown,
Appomattox, and Gettysburg.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--To commemorate the 200th anniversary of
signing of the Treaty of Greene Ville at Fort Greene Ville in
Greenville, Ohio, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue not more than
1,000,000 $1 coins, 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 section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
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 Treaty of Greene Ville.
(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 ``1995''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Treaty of Greene Ville Bicentennial Commission, Incorporated,
and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. 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) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 1995, and
ending on December 31, 1995.
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) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
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.
(d) Surcharges.--All sales shall include a surcharge of $5 per
coin.
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Treaty of Greene Ville Bicentennial Commission,
Incorporated, for the purpose of building a monument to commemorate the
200th Anniversary of the Treaty of Greene Ville.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Treaty of Greene Ville Bicentennial Commission,
Incorporated, as may be related to the expenditures of amounts paid
under subsection (a).
SEC. 10. 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 whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Treaty of Greene Ville 200th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate the 200th anniversary of the signing of the Treaty of Greene Ville at Fort Greene Ville in Greenville, Ohio.
Mandates that all surcharges received from the coin sales be paid to the Treaty of Greene Ville Bicentennial Commission, Inc., to build a monument to commemorate the 200th anniversary of the Treaty. | Treaty of Greene Ville 200th Anniversary Commemorative Coin Act |
SECTION 1. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL
EMPLOYEES.
(a) Clarification of Disclosures Covered.--Section 2302(b)(8) of
title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties that the
employee or applicant reasonably believes is credible
evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation'';
(2) in subparagraph (B)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties to the
Special Counsel, or to the Inspector General of an
agency or another employee designated by the head of
the agency to receive such disclosures, of information
that the employee or applicant reasonably believes is
credible evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation''; and
(3) by adding at the end the following:
``(C) a disclosure that--
``(i) is made by an employee or applicant
of information required by law or Executive
order to be kept secret in the interest of
national defense or the conduct of foreign
affairs that the employee or applicant
reasonably believes is credible evidence of--
``(I) any violation of any law,
rule, or regulation;
``(II) gross mismanagement, a gross
waste of funds, an abuse of authority,
or a substantial and specific danger to
public health or safety; or
``(III) a false statement to
Congress on an issue of material fact;
and
``(ii) is made to--
``(I) a member of a committee of
Congress having a primary
responsibility for oversight of a
department, agency, or element of the
Federal Government to which the
disclosed information relates;
``(II) any other Member of Congress
who is authorized to receive
information of the type disclosed; or
``(III) an employee of the
executive branch or Congress who has
the appropriate security clearance for
access to the information disclosed.''.
(b) Covered Disclosures.--Section 2302(b) of title 5, United States
Code, is amended--
(1) in the matter following paragraph (12), by striking
``This subsection'' and inserting the following:
``This subsection''; and
(2) by adding at the end the following:
``In this subsection, the term `disclosure' means a formal or
informal communication or transmission.''.
(c) Nondisclosure Policies, Forms, and Agreements.--
(1) Personnel action.--Section 2302(a)(2)(A) of title 5,
United States Code, is amended--
(A) in clause (x), by striking ``and'' after the
semicolon; and
(B) by redesignating clause (xi) as clause (xii)
and inserting after clause (x) the following:
``(xi) the implementation or enforcement of any
nondisclosure policy, form, or agreement; and''.
(2) Prohibited personnel practice.--Section 2302(b) of
title 5, United States Code, is amended--
(A) in paragraph (11), by striking ``or'' at the
end;
(B) in paragraph (12), by striking the period and
inserting ``; or''; and
(C) by inserting after paragraph (12) the
following:
``(13) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement does not
contain the following statement:
```These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the
employee obligations, rights, or liabilities created by
Executive Order No. 12958; section 7211 of title 5,
United States Code (governing disclosures to Congress);
section 1034 of title 10, United States Code (governing
disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code
(governing disclosures of illegality, waste, fraud,
abuse, or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50
U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the
statutes which protect against disclosures that could
compromise national security, including sections 641,
793, 794, 798, and 952 of title 18, United States Code,
and section 4(b) of the Subversive Activities Control
Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and
liabilities created by such Executive order and such
statutory provisions are incorporated into this
agreement and are controlling.'''.
(d) Authority of Special Counsel Relating to Civil Actions.--
(1) Representation of special counsel.--Section 1212 of
title 5, United States Code, is amended by adding at the end
the following:
``(h) Except as provided in section 518 of title 28, relating to
litigation before the Supreme Court, attorneys designated by the
Special Counsel may appear for the Special Counsel and represent the
Special Counsel in any civil action brought in connection with section
2302(b)(8) or subchapter III of chapter 73, or as otherwise authorized
by law.''.
(2) Judicial review of merit systems protection board
decisions.--Section 7703 of title 5, United States Code, is
amended by adding at the end the following:
``(e) The Special Counsel may obtain review of any final order or
decision of the Board by filing a petition for judicial review in the
United States Court of Appeals for the Federal Circuit if the Special
Counsel determines, in the discretion of the Special Counsel, that the
Board erred in deciding a case arising under section 2302(b)(8) or
subchapter III of chapter 73 and that the Board's decision will have a
substantial impact on the enforcement of section 2302(b)(8) or
subchapter III of chapter 73. If the Special Counsel was not a party or
did not intervene in a matter before the Board, the Special Counsel may
not petition for review of a Board decision under this section unless
the Special Counsel first petitions the Board for reconsideration of
its decision, and such petition is denied. In addition to the named
respondent, the Board and all other parties to the proceedings before
the Board shall have the right to appear in the proceedings before the
Court of Appeals. The granting of the petition for judicial review
shall be at the discretion of the Court of Appeals.''.
(e) Judicial Review.--Section 7703 of title 5, United States Code,
is amended--
(1) in the first sentence of subsection (b)(1) by inserting
before the period ``or the United States court of appeals for
the circuit in which the petitioner resides''; and
(2) in subsection (d)--
(A) in the first sentence by striking ``the United
States Court of Appeals for the Federal Circuit'' and
inserting ``any appellate court of competent
jurisdiction as provided under subsection (b)(2)''; and
(B) in the third and fourth sentences by striking
``Court of Appeals'' each place it appears and
inserting ``court of appeals'' in each such place. | Amends civil service provisions to prohibit taking or failing to take any personnel action with respect to an employee or applicant because of: (1) any disclosure by the employee or applicant, without restriction as to the time, place, form, motive, context, or prior disclosure, including a disclosure made in the ordinary course of an employee's duties that such employee or applicant reasonably believes is credible evidence of any violation of law, gross mismanagement, abuse of authority, or a danger to public health or safety; (2) a disclosure made to the Special Counsel, the Inspector General of an agency, or another employee designated by that agency to receive such disclosures, without such restriction or disclosure; or (3) a disclosure that is made by the employee or applicant of information required by law or executive order to be kept secret that the employee or applicant reasonably believes is credible evidence of any such violation, or a false statement to Congress on an issue of material fact that is made to a member of the congressional committee having primary oversight of the agency to which the disclosed information relates, to any other Member of Congress authorized to receive information of the type disclosed, or to a Federal or congressional employee who has the appropriate security clearance for access to the information disclosed. Prohibits the implementation or enforcement of nondisclosure policies, forms, and agreements that do not state that such policies do not supersede, conflict with, or otherwise alter Federal employee obligations, rights, or liabilities.Permits representation by attorneys for the Office of the Special Counsel in civil actions brought in connection with such disclosures of information or provisions relating to political activities. Allows the Special Counsel to obtain judicial review of any final order or decision of the Merit Systems Protection Board with respect to a case concerning such a disclosure or provision. | A bill to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in non-disclosure policies, forms, and agreements that such policies, forms and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserve Access to Affordable
Generics Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--The Congress finds that--
(1) prescription drugs make up 11 percent of the national
health care spending but are 1 of the largest and fastest
growing health care expenditures;
(2) 56 percent of all prescriptions dispensed in the United
States are generic drugs, yet they account for only 13percent
of all expenditures;
(3) generic drugs, on average, cost 63 percent less than
their brand-name counterparts;
(4) consumers and the health care system would benefit from
free and open competition in the pharmaceutical market and the
removal of obstacles to the introduction of generic drugs;
(5) full and free competition in the pharmaceutical
industry, and the full enforcement of antitrust law to prevent
anticompetitive practices in this industry, will lead to lower
prices, greater innovation, and inure to the general benefit of
consumers.
(6) the Federal Trade Commission has determined that some
brand name pharmaceutical manufacturers collude with generic
drug manufacturers to delay the marketing of competing, low-
cost, generic drugs;
(7) collusion by the brand name pharmaceutical
manufacturers is contrary to free competition, to the interests
of consumers, and to the principles underlying antitrust law;
(8) in 2005, 2 appellate court decisions reversed the
Federal Trade Commission's long-standing position, and upheld
settlements that include pay-offs by brand name pharmaceutical
manufacturers to generic manufacturers designed to keep generic
competition off the market;
(9) in the 6 months following the March 2005 court
decisions, the Federal Trade Commission found there were three
settlement agreements in which the generic received
compensation and agreed to a restriction on its ability to
market the product;
(10) the FTC found that more than \2/3\ of the
approximately ten settlement agreements made in 2006 include a
pay-off from the brand in exchange for a promise by the generic
company to delay entry into the market; and
(11) settlements which include a payment from a brand name
manufacturer to a generic manufacturer to delay entry by
generic drugs are anti-competitive and contrary to the
interests of consumers.
(b) Purposes.--The purposes of this Act are--
(1) to enhance competition in the pharmaceutical market by
prohibiting anticompetitive agreements and collusion between
brand name and generic drug manufacturers intended to keep
generic drugs off the market;
(2) to support the purpose and intent of antitrust law by
prohibiting anticompetitive agreements and collusion in the
pharmaceutical industry; and
(3) to clarify the law to prohibit payments from brand name
to generic drug manufacturers with the purpose to prevent or
delay the entry of competition from generic drugs.
SEC. 3. UNLAWFUL COMPENSATION FOR DELAY.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by redesignating section 25 as section 29; and
(2) by inserting after section 27 the following:
``SEC. 28. UNLAWFUL INTERFERENCE WITH GENERIC MARKETING.
``(a) It shall be unlawful under this Act for any person, in
connection with the sale of a drug product, to directly or indirectly
be a party to any agreement resolving or settling a patent infringement
claim which--
``(1) an ANDA filer receives anything of value; and
``(2) the ANDA filer agrees not to research, develop,
manufacture, market, or sell the ANDA product for any period of
time.
``(b) Nothing in this section shall prohibit a resolution or
settlement of patent infringement claim in which the value paid by the
NDA holder to the ANDA filer as a part of the resolution or settlement
of the patent infringement claim includes no more than the right to
market the ANDA product prior to the expiration of the patent that is
the basis for the patent infringement claim.
``(c) In this section:
``(1) The term `agreement' means anything that would
constitute an agreement under section 1 of the Sherman Act (15
U.S.C. 1) or section 5 of the Federal Trade Commission Act (15
U.S.C. 45).
``(2) The term `agreement resolving or settling a patent
infringement claim' includes, any agreement that is contingent
upon, provides a contingent condition for, or is otherwise
related to the resolution or settlement of the claim.
``(3) The term `ANDA' means an abbreviated new drug
application, as defined under section 505(j) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)).
``(4) The term `ANDA filer' means a party who has filed an
ANDA with the Federal Drug Administration.
``(5) The term `ANDA product' means the product to be
manufactured under the ANDA that is the subject of the patent
infringement claim.
``(6) The term `drug product' means a finished dosage form
(e.g., tablet, capsule, or solution) that contains a drug
substance, generally, but not necessarily, in association with
1 or more other ingredients, as defined in section 314.3(b) of
title 21, Code of Federal Regulations.
``(7) The term `NDA' means a new drug application, as
defined under section 505(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)).
``(8) The term `NDA holder' means--
``(A) the party that received FDA approval to
market a drug product pursuant to an NDA;
``(B) a party owning or controlling enforcement of
the patent listed in the Approved Drug Products With
Therapeutic Equivalence Evaluations (commonly known as
the `FDA Orange Book') in connection with the NDA; or
``(C) the predecessors, subsidiaries, divisions,
groups, and affiliates controlled by, controlling, or
under common control with any of the entities described
in subclauses (i) and (ii) (such control to be presumed
by direct or indirect share ownership of 50 percent or
greater), as well as the licensees, licensors,
successors, and assigns of each of the entities.
``(9) The term `patent infringement' means infringement of
any patent or of any filed patent application, extension,
reissue, renewal, division, continuation, continuation in part,
reexamination, patent term restoration, patents of addition and
extensions thereof.
``(10) The term `patent infringement claim' means any
allegation made to an ANDA filer, whether or not included in a
complaint filed with a court of law, that its ANDA or ANDA
product may infringe any patent held by, or exclusively
licensed to, the NDA holder of the drug product.''.
SEC. 4. NOTICE AND CERTIFICATION OF AGREEMENTS.
(a) Notice of All Agreements.--Section 1112(c)(2) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (21
U.S.C. 3155 note) is amended by--
(1) striking ``the Commission the'' and inserting ``the
Commission (1) the''; and
(2) inserting before the period at the end the following:
``; and (2) a description of the subject matter of any other
agreement the parties enter into within 30 days of an entering
into an agreement covered by subsection (a) or (b)''.
(b) Certification of Agreements.--Section 1112 of such Act is
amended by adding at the end the following:
``(d) Certification.--The Chief Executive Officer or the company
official responsible for negotiating any agreement required to be filed
under subsection (a), (b), or (c) shall execute and file with the
Assistant Attorney General and the Commission a certification as
follows: `I declare under penalty of perjury that the following is true
and correct: The materials filed with the Federal Trade Commission and
the Department of Justice under section 1112 of subtitle B of title XI
of the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, with respect to the agreement referenced in this
certification: (1) represent the complete, final, and exclusive
agreement between the parties; (2) include any ancillary agreements
that are contingent upon, provide a contingent condition for, or are
otherwise related to, the referenced agreement; and (3) include written
descriptions of any oral agreements, representations, commitments, or
promises between the parties that are responsive to subsection (a) or
(b) of such section 1112 and have not been reduced to writing.'.''.
SEC. 5. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.
Section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
355(j)(5)(D)(i)(V)) is amended by inserting ``section 28 of the Clayton
Act or'' after ``that the agreement has violated''.
SEC. 6. STUDY BY THE FEDERAL TRADE COMMISSION.
(a) Requirement for a Study.--Not later than 180 days after the
date of enactment of this Act and pursuant to its authority under
section 6(a) of the Federal Trade Commission Act (15 U.S.C. 46(a)) and
its jurisdiction to prevent unfair methods of competition, the Federal
Trade Commission shall conduct a study regarding--
(1) the prevalence of agreements in patent infringement
suits of the type described in section 28 of the Clayton Act,
as added by this Act, during the last 5 years;
(2) the impact of such agreements on competition in the
pharmaceutical market; and
(3) the prevalence in the pharmaceutical industry of other
anticompetitive agreements among competitors or other practices
that are contrary to the antitrust laws, and the impact of such
agreements or practices on competition in the pharmaceutical
market during the last 5 years.
(b) Consultation.--In conducting the study required under this
section, the Federal Trade Commission shall consult with the Antitrust
Division of the Department of Justice regarding the Justice
Department's findings and investigations regarding anticompetitive
practices in the pharmaceutical market, including criminal antitrust
investigations completed by the Justice Department with respect to
practices or conduct in the pharmaceutical market.
(c) Requirement for a Report.--Not later than 1 year after the date
of enactment of this Act, the Federal Trade Commission shall submit a
report to the Judiciary Committees of Senate and House of
Representatives, and to the Department of Justice regarding the
findings of the study conducted under subsection (a). This report shall
contain the Federal Trade Commission's recommendation as to whether any
amendment to the antitrust laws should be enacted to correct any
substantial lessening of competition found during the study.
(d) Federal Agency Consideration.--Upon receipt of the report
required by subsection (c), the Attorney General or the Chairman of the
Federal Trade Commission, as appropriate, shall consider whether any
additional enforcement action is required to restore competition or
prevent a substantial lessening of competition occurring as a result of
the conduct or practices that were the subject of the study conducted
under subsection (b).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Trade
Commission such sums as may be necessary to carry out the provisions of
this Act. | Preserve Access to Affordable Generics Act - Amends the Clayton Act to make it unlawful for a person, in connection with the sale of a drug product, to be a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market, or sell the generic product for any period. Excludes a resolution or settlement that includes no more than the right to market the generic product prior to the expiration of the patent.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to set forth additional filing requirements related to agreements between a brand name drug company and a generic drug applicant. Requires the Chief Executive Officer or the company official responsible for negotiating any agreement to file a certification that materials filed with respect to such agreements: (1) are complete, final, and exclusive; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the agreement; and (3) include written descriptions of any relevant oral agreements, representations, commitments, or promises between the parties that have not been reduced to writing.
Amends the Federal Food, Drug, and Cosmetic Act to provide that forfeiture of the 180-day exclusivity period for the marketing of a generic drug occurs if there is a final decision of the Federal Trade Commission (FTC) or the court that an agreement has violated this Act.
Requires the FTC to study the prevalence of anticompetitive agreements in the pharmaceutical industry and their impact. Requires the Attorney General or FTC to consider whether any additional enforcement action is necessary.
Authorizes appropriations. | A bill to prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forest Service
Partnership Enhancement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Authority for Forest Service agreements with cooperators.
Sec. 5. Cost sharing under agreements.
Sec. 6. Treatment of funds received under agreements.
Sec. 7. Repeal of superseded authorities.
Sec. 8. Regulations.
Sec. 9. Relation to agreements otherwise authorized by law.
Sec. 10. Extension of National Forest Foundation.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Forest Service, managing national forests and
grasslands covering 192,000,000 acres, plays an integral role
in the protection, enhancement, and conservation of the natural
resources of the United States.
(2) The Forest Service has a long history of successful
cooperation with non-Federal entities in fulfilling all mission
areas and responsibilities of the Forest Service.
(3) Such cooperation is becoming increasingly more
important in the research and development mission area of the
Forest Service as the number of staff research scientists has
declined from 985 scientists in 1985 to only 486 scientists in
2005. To accomplish its research mission to meet current
forestry challenges and ensure that forest managers have the
latest science and technology to manage the National Forest
System sustainably over the long-term, it is critical that the
Forest Service cooperate with other research organizations,
including forestry schools, land-grant colleges and
universities, and 1890 institutions.
(4) By expanding and clarifying Forest Service authorities
to work with cooperators, the Forest Service can improve the
ability of the Forest Service to administer National Forest
System lands by increasing local community involvement in
collaborative restoration and building the capacity of rural
public land communities in fulfilling the Forest Service's
mission.
(5) The Forest Service can benefit from maximizing use of
existing authorities and establishing new authority to improve
local community involvement in, and support of, fulfilling the
Forest Service's mission.
(6) Encouraging conservation education will increase public
awareness of Forest Service programs and activities, will
heighten public understanding of the need to sustain natural
and cultural resources, and will promote public participation
in the conservation of these resources.
(7) Encouraging partnerships with public land communities
will expedite the implementation of priority restoration
projects on National Forest System lands.
(b) Purposes.--The purposes of this Act are--
(1) to encourage agreements between the Forest Service and
cooperators to promote public awareness and participation in
the restoration and management of the resources and programs of
the Forest Service;
(2) to affirm Congress' support for agreements between the
Forest Service and cooperators that further the Forest
Service's mission by assisting the Forest Service in the
administration of all Forest Service programs;
(3) to clarify and create additional authority for the
Forest Service to work with cooperators; and
(4) to leverage Forest Service resources with the resources
of cooperators.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cooperator.--The term ``cooperator'' means any Federal
agency, State or local government, tribal government, public or
private agency, nonprofit organization, institution (including
educational institution), small and local business,
corporation, or other legal entity within the United States, or
individual.
(2) National forest system lands.--The term ``National
Forest System lands'' means lands included in the National
Forest System (as defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means any organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
SEC. 4. AUTHORITY FOR FOREST SERVICE AGREEMENTS WITH COOPERATORS.
(a) Agreement Authority.--Using amounts appropriated or otherwise
made available for the Forest Service, the Secretary of Agriculture,
acting through the Chief of the Forest Service, may enter into
agreements, including cost-share agreements, with cooperators for the
mutual benefit of the parties to the agreement for the following types
of activities:
(1) Developing, producing, publishing, distributing, or
selling education and interpretive materials and products.
(2) Developing, conducting, or selling educational and
interpretive programs and services.
(3) Constructing, maintaining, or improving facilities (not
under the jurisdiction, custody, or control of the
Administrator of General Services) on or in the vicinity of
National Forest System lands for the sale or distribution of
educational and interpretive materials, products, programs, and
services.
(4) Operating facilities, including providing the services
of Forest Service employees to staff facilities, in or on any
public or private building, facility, or land (not under the
jurisdiction, custody, or control of the Administrator of
General Services) for the sale or distribution of educational
materials, products, programs, and services pertaining to
National Forest System lands, private lands, and lands
administered by other public entities.
(5) Selling health and safety convenience products,
photography supplies, or other similar items, as determined by
the Secretary, on or in the vicinity of National Forest System
lands.
(6) Collecting funds from the sale of materials, products,
programs, and services on behalf of cooperators.
(7) Activities to restore and maintain the ecological
integrity and biodiversity of National Forest System lands.
(8) Watershed restoration and enhancement activities on
National Forest System lands, or on other lands that benefit
resources on National Forest System land within the same
watershed, for--
(A) protecting, restoring, and enhancing resources,
including fish and wildlife habitat; or
(B) reducing risk from natural disaster where
public safety is threatened.
(9) Such other cooperative activities as the Secretary
considers to be appropriate.
(b) Terms and Conditions.--The Secretary shall require such terms
and conditions in an agreement entered into under this section as the
Secretary considers to be necessary to protect the investments to be
made by the United States under the agreement, including terms related
to the ownership of any facilities or improvements constructed or
improved under such an agreement, and such additional terms and
conditions as are mutually agreed to by the Secretary and the
cooperator.
(c) Relation to Other Contract, Grant, and Agreement
Requirements.--The Secretary may enter into an agreement under this
section notwithstanding chapter 63 of title 31, United States Code.
SEC. 5. COST SHARING UNDER AGREEMENTS.
(a) Sharing of Costs.--The manner in which costs shall be shared
between the Secretary and a cooperator under an agreement entered into
under section 4, including the acceptance of in-kind contributions,
shall be provided for in terms and conditions imposed under subsection
(b) of such section in connection with the agreement. The Secretary
shall issue guidance for cost sharing with cooperators.
(b) Treatment of Contributions of Volunteers.--The value of
services performed by persons who volunteer their services to the
Forest Service and who are recruited, trained, and supported by a
cooperator under an agreement under section 4 may be considered an in-
kind contribution of the cooperator for purposes of cost sharing under
subsection (a).
SEC. 6. TREATMENT OF FUNDS RECEIVED UNDER AGREEMENTS.
(a) Deposit of Funds.--Except as provided in subsection (b), all
monies received from a cooperator as contributions toward cooperative
activities under an agreement entered into under section 4 shall be--
(1) deposited in the Forest Service Cooperative Work Trust
Fund established pursuant to the penultimate paragraph under
the heading ``forest service'' in the Act of June 30, 1914 (16
U.S.C. 498), or the successor of that fund; and
(2) available to the Secretary, without further
appropriation and until expended, to carry out the agreement.
(b) Funds Collected on Behalf of Cooperator.--Funds collected under
an agreement entered into under section 4 from the sale of materials,
products, programs, and services on behalf of a cooperator, as
authorized by subsection (a)(6) of such section, are not the property
of the United States, and the Secretary shall forward such funds to the
cooperator.
(c) Advancement or Reimbursement of Funds.--In an agreement entered
into under section 4, the Secretary may advance or reimburse funds to a
cooperator from any Forest Service appropriation available for similar
work without regard to subsections (a) and (b) of section 3324 of title
31, United States Code, and may furnish or share supplies, facilities,
or equipment. The Secretary may advance funds under this subsection
only when the advancement represents the Secretary's share of costs of
activities or services under the agreement and the cooperator is not
obligated to reimburse the Secretary.
SEC. 7. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Educational Materials and Challenge Cost-Share Program.--The
thirteenth paragraph under the heading ``administrative provisions,
forest service'' in title II of the Department of the Interior and
Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105
Stat. 1018; 31 U.S.C. 6305 note), is repealed.
(b) Watershed Restoration and Enhancement Agreements.--Section 323
of the Department of the Interior and Related Agencies Appropriations
Act, 1999 (as contained in section 101(e) of division A of Public Law
105-277; 112 Stat. 2681-290; 16 U.S.C. 1011 note), is repealed.
SEC. 8. REGULATIONS.
The Secretary shall issue such regulations as may be necessary to
accomplish the purposes of this Act.
SEC. 9. RELATION TO AGREEMENTS OTHERWISE AUTHORIZED BY LAW.
Except in the case of the provisions of law repealed by section 7,
the authority of the Secretary to enter into agreements with
cooperators under section 4 is in addition to the authorities provided
the Secretary in any other provision of law, and nothing in this Act
shall be construed as limiting or modifying the authority of the
Secretary to enter into agreements otherwise authorized by law.
SEC. 10. EXTENSION OF NATIONAL FOREST FOUNDATION.
(a) Board of Directors of Foundation.--Section 403(a) of the
National Forest Foundation Act (16 U.S.C. 583j-1(a)) is amended--
(1) in the first sentence, by striking ``fifteen
Directors'' and inserting ``30 Directors''; and
(2) by striking the second sentence.
(b) Corporate Powers and Obligations.--Section 404(b) of the
National Forest Foundation Act (16 U.S.C. 583j-2(b)) is amended by
striking ``this paragraph'' and inserting ``this section''.
(c) Matching Funds.--Section 405(b) of the National Forest
Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking ``1992''
and inserting ``2006''.
(d) Authorization of Appropriations.--Section 410(b) of the
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended--
(1) by striking ``1992'' and inserting ``2006'';
(2) by striking ``$1,000,000 annually''; and
(3) by inserting ``such sums as are necessary'' before ``to
match''. | Forest Service Partnership Enhancement Act of 2006 - Authorizes the Secretary of Agriculture, in connection with the administration of Forest Service activities on and near National Forest System (NFS) lands, to enter into agreements with cooperators for the mutual benefit of parties to the agreement for specified activities, including for: (1) developing, conducting, producing, or selling education and interpretive materials, products, programs, and services; (2) constructing, maintaining, and operating facilities; (3) selling health and safety convenience products and photography supplies; (4) collecting funds from the sale of materials, products, programs, and services; (5) activities to restore and maintain ecological integrity and biodiversity of NFS lands; (6) watershed restoration and enhancement activities on NFS lands, or on other lands that benefit resources on NFS land within the same watershed for protecting, restoring, and enhancing resources or reducing risk from natural disaster where public safety is threatened; and (7) such other cooperative activities as the Secretary considers to be appropriate.
Amends the National Forest Foundation Act to: (1) double the number of members who shall serve on the Board of Directors of the National Forest Foundation; (2) extend to October 1, 2006, the provision of matching funds for administrative and project expenses incurred by the Foundation; and (3) extend for the five-year period beginning on October 1, 2006, the authorization of appropriations for the Foundation to match private contributions made to it. | A bill to authorize the Secretary of Agriculture to enter into partnership agreements with entities and local communities to encourage greater cooperation in the administration of Forest Service activities on the near National Forest System land, and for other purposes. |
SECTION 1. BUDGET DISCIPLINE AND ENFORCEMENT FOR FISCAL YEAR 2003.
(a) Statutory Discretionary Spending Limits.--
(1) In general.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is
amended by striking paragraph (7) and inserting the following:
``(7) with respect to fiscal year 2003--
``(A) for the nondefense discretionary category:
$373,410,000,000 in new budget authority and
$372,224,000,000 in outlays;
``(B) for the defense discretionary category:
$392,757,000,000 in new budget authority and
$380,228,000,000 in outlays;
``(C) for the highway category: $28,922,000,000 in
outlays;
``(D) for the mass transit category: $6,030,000,000
in outlays; and
``(E) for the conservation spending category:
$1,922,000,000 in new budget authority and
$1,872,000,000 in outlays;''.
(2) Special rule.--Section 250(c)(4)(D)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(4)(D)(i)) is amended by adding at the end the following:
``Any budget authority for the mass transit category shall be
considered nondefense category budget authority or
discretionary category budget authority.''.
(b) Repeal of Obsolete Provisions.--
(1) Congressional budget act of 1974.--Section 314(b) of
the Congressional Budget Act of 1974 is amended--
(A) by striking paragraphs (2) through (5); and
(B) by redesignating paragraph (6) as paragraph
(2).
(2) Balanced budget and emergency deficit control act of
1985.--Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(A) by striking subparagraphs (C) through (F); and
(B) by redesignating subparagraph (G) as
subparagraph (C).
(c) Conforming Amendments.--Section 254 of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in subsection (c)(2), by striking ``2002'' each time it
appears and inserting ``2003''; and
(2) in subsection (f)(2)(A), by striking ``2002'' each time
it appears and inserting ``2003''.
SEC. 2. ENFORCEMENT EXTENSIONS.
(a) Extension of Budget Enforcement Act Provisions.--
(1) In general.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is
amended to read as follows:
``(b) Expiration.--
``(1) In general.--Except as provided in paragraph (2),
sections 251 and 258B of this Act and sections 1105(f) and
1106(c) of title 31, United States Code, shall expire September
30, 2007. The remaining sections of part C of this title shall
expire on September 30, 2011.''.
``(2) Exception for on-budget surpluses.--If prior to
September 30, 2007, the Final Monthly Treasury Statement for
any of the fiscal years 2002 through 2006 reports an on-budget
surplus, section 252 shall expire at the end of the following
fiscal year and the President, in the next budget, shall submit
to Congress a recommendation for pay-as-you-go enforcement
procedures that the President believes are appropriate when
there is an on-budget surplus.''.
(2) Conforming amendment.--Subsections (a) and (b)(1) of
section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by striking ``2002'' each place
it appears and inserting ``2007''.
(b) Extension of Supermajority Discipline in the Senate.--Section
904(e) of the Congressional Budget Act of 1974 is amended by striking
``2002'' and inserting ``2007''.
SEC. 3. SENATE ENFORCEMENT.
(a) Allocations to the Committee on Appropriations of the Senate.--
Upon the enactment of this Act, the Chairman of the Committee on the
Budget of the Senate shall file allocations to the committee on
Appropriations of the Senate consistent with this Act pursuant to
section 302(a) of the Congressional Budget Act of 1974.
(b) Restrictions on Advance Appropriations in the Senate.--
(1) In general.--Except as provided in paragraph (2), it
shall not be in order in the Senate to consider any reported
bill or joint resolution, or amendment thereto or conference
report thereon, that would provide an advance appropriation.
(2) Exception.--An advance appropriation may be provided--
(A) for fiscal year 2004 for programs, projects,
activities, or accounts identified in the joint
explanatory statement of managers accompanying this Act
under the heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to exceed
$23,159,000,000 of new budget authority; and
(B) for the Corporation for Public Broadcasting.
(3) Application of point of order in the senate.--
(A) Waiver and appeal.--In the Senate, paragraph
(1) may be waived or suspended in the Senate only by an
affirmative vote of three-fifths of the Members, duly
chosen and sworn. An affirmative vote of three-fifths
of the Members of the Senate, duly chosen and sworn,
shall be required in the Senate to sustain an appeal of
the ruling of the Chair on a point of order raised
under paragraph (1).
(B) Form of the point of order.--A point of order
under paragraph (1) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974.
(C) Conference reports.--If a point of order is
sustained under paragraph (1) against a conference
report in the Senate, the report shall be disposed of
as provided in section 313(d) of the Congressional
Budget Act of 1974.
(4) Definition.--In this subsection, the term ``advance
appropriation'' means any discretionary new budget authority in
a bill or joint resolution making general appropriations or
continuing appropriations for fiscal year 2003 that first
becomes available for any fiscal year after 2003.
(c) Prohibition on Diverting Crime Victims Fund.--
(1) Purpose.--The purpose of this subsection is to ensure
that amounts deposited in the Crime Victims Fund are
distributed in a timely manner to assist victims of crime as
intended by current law and are not diverted to offset
increased spending when such offset devices produce no
permanent budgetary or economic effects.
(2) Budgetary rule.--For purposes of points of order under
the Congressional Budget Act of 1974 with respect to fiscal
year 2003 and any subsequent fiscal year, any reduction in
spending in the Crime Victims' Fund (15-5041-0-2-754) enacted
in appropriations legislation shall not be scored as
discretionary savings.
(d) Pay-As-You-Go Point of Order in the Senate.--
(1) Purpose.--The Senate declares that it is essential to
continue the pay-as-you-go enforcement system.
(2) Point of order.--
(A) In general.--It shall not be in order in the
Senate to consider any direct spending or revenue
legislation that would cause or increase the on-budget
deficit for any 1 of the 3 applicable time periods as
measured in subparagraphs (E) and (F).
(B) Applicable time periods.--For purposes of this
subsection the term ``applicable time period'' means
any 1 of the 3 following periods:
(i) The budget year.
(ii) The period of the budget year and the
following 4 fiscal years.
(iii) The period of the 5 fiscal years
following the 5 fiscal years described in
clause (ii).
(C) Direct-spending legislation.--For purposes of
this subsection and except as provided in subparagraph
(D), the term ``direct-spending legislation'' means any
bill, joint resolution, amendment, motion, or
conference report that affects direct spending as that
term is defined by and interpreted for purposes of the
Balanced Budget and Emergency Deficit Control Act of
1985.
(D) Exclusion.--The terms ``direct-spending
legislation'' and ``revenue legislation'' do not
include--
(i) any concurrent resolution on the
budget; or
(ii) any provision of legislation that
affects the full funding of, and continuation
of, the deposit insurance guarantee commitment
in effect on the date of enactment of the
Budget Enforcement Act of 1990.
(E) Baseline.--Estimates prepared pursuant to this
subsection shall--
(i) use the baseline used for the most
recently adopted concurrent resolution on the
budget; and
(ii) be calculated under the requirements
of subsections (b) through (d) of section 257
of the Balanced Budget and Emergency Deficit
Control Act of 1985 for fiscal years beyond
those covered by subparagraph (B).
(F) Prior surplus.--If direct spending or revenue
legislation causes or increases the on-budget deficit
when taken individually, then it must also cause or
increase the on-budget deficit when taken together with
all direct spending and revenue legislation enacted
since the beginning of the calendar year not accounted
for in the baseline under subparagraph (E)(i), except
that direct spending or revenue effects resulting in
net deficit reduction enacted pursuant to
reconciliation instructions since the beginning of that
same calendar year shall not be available.
(3) Waiver.--This subsection may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(4) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the bill or
joint resolution, as the case may be. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal of
the ruling of the Chair on a point of order raised under this
subsection.
(5) Determination of budget levels.--For purposes of this
subsection, the levels of new budget authority, outlays, and
revenues for a fiscal year shall be determined on the basis of
estimates made by the Committee on the Budget of the Senate.
(e) Exercise of Rulemaking Powers.--The Senate adopts the
provisions of this section--
(1) as an exercise of the rulemaking power of the Senate
and as such they shall be considered as part of the rules of
the Senate, and such rules shall supersede other rules only to
the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
the Senate to change those rules at any time, in the same
manner, and to the same extent as in the case of any other rule
of the Senate.
(f) Additional Enforcement.--Section 205(g) of H.Con.Res.290 (106th
Congress) is repealed.
SEC. 4. REPEAL OF OBSOLETE PROVISIONS.
(a) In General.--Section 253 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is repealed.
(b) Conforming Amendments.--
(1) Congressional budget and impoundment control act of
1974.--Section 312 of the Congressional Budget and Impoundment
Control Act of 1974 is amended--
(A) by repealing subsection (c); and
(B) by redesignating subsections (d) through (f) as
subsections (c) through (e).
(2) Balanced budget and emergency deficit control act of
1985.--The Balanced Budget and Emergency Deficit Control Act of
1985 is amended--
(A) in section 251(a)(1), by striking ``and section
253''; and
(B) in section 252(b)--
(i) in paragraph (1), by striking ``or
section 253''; and
(ii) in paragraph (2)(B), by striking ``or
section 253''. | Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to establish spending caps (discretionary spending) for FY 2003. Extends spending caps and budget flexibility among defense programs through FY 2007. Extends other deficit elimination provisions through FY 2011.Amends the Congressional Budget Act of 1974 to extend budget enforcement mechanisms in the Senate, including supermajority requirements, allocations filings, and points of order concerning advanced appropriations and pay-as-you-go (PAYGO).Prohibits diversions from the Crime Victims Fund. | A bill to provide budget discipline and enforcement for fiscal year 2003 and beyond. |
SECTION 1. LIBERALIZATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE
ATTAINED RETIREMENT AGE.
(a) In General.--Effective with respect to taxable years ending
after 1993, subparagraph (D) of section 203(f)(8) of the Social
Security Act (42 U.S.C. 403(f)(8)) is amended to read as follows:
``(D) Notwithstanding any other provision of this
subsection, the exempt amount which is applicable to an
individual who has attained retirement age (as defined in
section 216(l)) before the close of the taxable year involved--
``(i) shall be $1,130 for each month of any taxable
year ending after 1993 and before 1995,
``(ii) shall be $1,380 for each month of any
taxable year ending after 1994 and before 1996,
``(iii) shall be $1,630 for each month of any
taxable year ending after 1995 and before 1997,
``(iv) shall be $1,880 for each month of any
taxable year ending after 1996 and before 1998, and
``(v) shall be $2,130 for each month of any taxable
year ending after 1997 and before 1999.''.
(b) Conforming Amendment.--The second sentence of section 223(d)(4)
of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``which is
applicable to individuals described in subparagraph (D) thereof'' and
inserting ``which would be applicable to individuals who have attained
retirement age (as defined in section 216(l)) without regard to any
increase in such amount resulting from a law enacted in 1993''.
SEC. 2. REPEAL OF EARNINGS TEST IN 1999 FOR INDIVIDUALS WHO HAVE
ATTAINED RETIREMENT AGE.
Effective with respect to taxable years ending after 1998--
(1) clause (B) in the third sentence of section 203(f)(1)
of the Social Security Act (42 U.S.C. 403(f)(1)) is amended to
read as follows: ``(B) in any taxable year before the close of
which such individual has attained retirement age (as defined
in section 216(l)),''; and
(2) the first sentence of section 203(f)(3) of such Act (42
U.S.C. 403(f)(3)) is amended to read as follows: ``For purposes
of paragraph (1) and subsection (h), an individual's excess
earnings for a taxable year shall be 50 percent of his earnings
for such year in excess of the product of (A) the applicable
exempt amount as determined under paragraph (8), and (B) the
number of months in such year; except that no part of the
earnings of an individual for any taxable year shall constitute
excess earnings for such purposes if the individual has
attained retirement age (as defined in section 216(l)) before
the close of that year.''.
SEC. 3. ACCELERATION OF 8 PERCENT DELAYED RETIREMENT CREDIT.
Effective with respect to taxable years ending after 1998,
paragraph (6) of section 202(w) of the Social Security Act (42 U.S.C.
402(w)(6)) is amended--
(1) by striking ``2005'' in subparagraph (C) and inserting
``1993''; and
(2) by striking ``2004'' in subparagraph (D) and inserting
``1992''.
SEC. 4. CONFORMING AND RELATED AMENDMENTS.
Effective with respect to taxable years ending after 1991--
(1) section 203(c)(1) of the Social Security Act (42 U.S.C.
403(c)(1)) is amended by striking ``is under the age of
seventy'' and inserting ``is under retirement age (as defined
in section 216(l))'';
(2) paragraphs (1)(A) and (2) of section 203(d) of such Act
(42 U.S.C. 403(d)(1)(A), (2)) are each amended by striking
``under the age of seventy'' and inserting ``under retirement
age (as defined in section 216(l))'';
(3) subparagraph (D) of section 203(f)(5) of such Act (42
U.S.C. 403(f)(5)(D)) is amended--
(A) by striking ``(D) In the case of'' and all that
follows down through ``(ii) an individual'' and
inserting the following:
``(D) In the case of an individual'';
(B) by striking ``became entitled to such
benefits'' and all that follows and inserting ``became
entitled to such benefits, there shall be excluded from
gross income any such other income.''; and
(C) by shifting such subparagraph as so amended to
the left to the extent necessary to align its left
margin with that of subparagraphs (A) through (C) of
such section;
(4) section 203(f)(8)(A) of such Act (42 U.S.C.
403(f)(8)(A)) is amended by striking ``the new exempt amounts
(separately stated for individuals described in subparagraph
(D) and for other individuals) which are to be applicable'' and
inserting ``the new exempt amount which is to be applicable'';
(5) section 203(f)(8)(B) of such Act (42 U.S.C.
403(f)(8)(B)) is amended--
(A) by striking all that precedes clause (i) and
inserting the following:
``(B) The exempt amount which is applicable for each month
of a particular taxable year shall be whichever of the
following is the larger--'';
(B) by striking ``corresponding'' in clause (i);
and
(C) by striking ``an exempt amount'' in the matter
following clause (ii) and inserting ``the exempt
amount'';
(6) section 203(f)(8)(D) of such Act (42 U.S.C.
403(f)(8)(D)) (as amended by section 1 of this Act) is
repealed;
(7) section 203(f)(9) of such Act (42 U.S.C. 403(f)(9)) is
repealed;
(8) section 203(h)(1)(A) of such Act (42 U.S.C.
403(h)(1)(A)) is amended by striking ``age 70'' each place it
appears and inserting ``retirement age (as defined in section
216(l))'';
(9) section 203(j) of such Act (42 U.S.C. 403(j)) is
amended to read as follows:
``Attainment of Retirement Age
``(j) For purposes of this section--
``(1) an individual shall be considered as having attained
retirement age (as defined in section 216(l)) during the entire
month in which he attains such age; and
``(2) the term `retirement age (as defined in section
216(l))', with respect to any individual entitled to monthly
insurance benefits under section 202, means the retirement age
(as so defined) which is applicable in the case of old-age
insurance benefits, regardless of whether or not the particular
benefits to which the individual is entitled (or the only such
benefits) are old-age insurance benefits.''; and
(10) the second sentence of section 223(d)(4) of such Act
(42 U.S.C. 423(d)(4)) (as amended by section 1(b) of this Act)
is further amended by striking ``without regard to any increase
in such amount resulting from a law enacted in 1993'' and
inserting ``but for the liberalization and repeal of the
earnings test for such individuals in 1993''. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase for each year from 1994 through 1998 the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Removes such income limitation thereafter. Accelerates the effective dates of increases in the delayed retirement credit rate for individuals who work beyond retirement age. | To amend title II of the Social Security Act to phase out the earnings test over a 5-year period for individuals who have attained age 65, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Sector Preparedness Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private sector organizations own 85 percent of the
Nation's infrastructure facilities and employ the vast majority
of the Nation's employees. The resources of these
organizations, including property and personnel, can be
coordinated in an emergency situation more efficiently than the
population in general.
(2) Private sector organizations are often unprepared for
emergencies, whether resulting from a natural disaster or a
terrorist incident. Although there have been exemplary efforts
by select private sector organizations, emergency preparedness
is not generally a priority for these organizations.
(3) The hearings of and testimony before the National
Commission on Terrorist Attacks Upon the United States
demonstrated that the lack of emergency preparedness and
evacuation planning, training, and exercises by private sector
organizations may have contributed to additional casualties at
the World Trade Center on September 11, 2001.
(4) Although there may be an interest in promoting
emergency preparedness within private sector organizations,
there remains uncertainty and confusion as to the definition of
appropriate and adequate preparedness and what actions these
organizations should take.
(5) Identifying standards and best practices is necessary
to promote emergency preparedness by private sector
organizations, in addition to educational activities to
effectively communicate such standards and best practices.
SEC. 3. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.
(a) Establishment of Preparedness Program.--Title V of the Homeland
Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the
end the following:
``SEC. 510. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.
``(a) Preparedness Program.--Not later than 90 days after the date
of enactment of this section, the Secretary shall develop and implement
a program to enhance private sector preparedness for emergencies and
disasters, including emergencies resulting from acts of terrorism.
``(b) Program Elements.--In carrying out the program, the Secretary
shall develop guidance and identify best practices to assist or foster
action by the private sector in--
``(1) identifying hazards and assessing risks and impacts;
``(2) mitigating the impacts of a wide variety of hazards,
including weapons of mass destruction;
``(3) managing necessary emergency preparedness and
response resources;
``(4) developing mutual aid agreements;
``(5) developing and maintaining emergency preparedness and
response plans, as well as associated operational procedures;
``(6) developing and maintaining communications and warning
systems;
``(7) developing and conducting training and exercises to
support and evaluate emergency preparedness and response plans
and operational procedures;
``(8) developing and conducting training programs for
security guards to implement emergency preparedness and
response plans and operations procedures; and
``(9) developing procedures to respond to external requests
for information from the media and the public.
``(c) Standards.--
``(1) In general.--The Secretary shall support the
development of, promulgate, and regularly update as necessary
national voluntary consensus standards for private sector
emergency preparedness that will enable private sector
organizations to achieve optimal levels of emergency
preparedness as soon as practicable. Such standards include the
National Fire Protection Association 1600 Standard on Disaster/
Emergency Management and Business Continuity Programs.
``(2) Consultation.--The Secretary shall carry out
paragraph (1) in consultation with the Under Secretary for
Emergency Preparedness and Response, the Under Secretary for
Science and Technology, the Under Secretary for Information
Analysis and Infrastructure Protection, and the Special
Assistant to the Secretary for the Private Sector.
``(d) Coordination.--The Secretary shall coordinate the program
with, and utilize to the maximum extent practicable--
``(1) the voluntary standards for disaster and emergency
management and business continuity programs developed by the
American National Standards Institute and the National Fire
Protection Association; and
``(2) any existing private sector emergency preparedness
guidance or best practices developed by private sector industry
associations or other organizations.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of such Act (116 Stat. 2135) is amended by inserting after
the item relating to section 509 the following:
``Sec. 510. Private sector emergency preparedness program.''. | Private Sector Preparedness Act of 2004 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and implement a program to enhance private sector preparedness for emergencies and disasters, including acts of terrorism.
Directs the Secretary to develop guidance and identify best practices for private sector action in: (1) identifying hazards and assessing and mitigating risks and impacts; (2) managing emergency preparedness and response resources; (3) developing mutual aid agreements; (4) developing and maintaining emergency preparedness and response plans, including operational procedures, and communications and warning systems; (5) developing and conducting training and exercises to support and implement such plans and procedures; and (6) developing procedures to respond to requests for information from the media and the public.
Directs the Secretary to: (1) support the development of, promulgate, and regularly update national voluntary consensus standards for private sector emergency preparedness; and (2) coordinate the program with and utilize voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association, and any existing private sector emergency preparedness guidance or best practices developed by industry organizations. | To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and implement a program to enhance private sector preparedness for emergencies and disasters. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let NHTSA Enforce Automated Vehicle
Driving Regulations Act'' or the ``LEAD'R Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to memorialize the Federal role in
ensuring the safety of highly automated vehicles as it relates to
design, construction, and performance, by encouraging the testing and
deployment of such vehicles.
SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR AUTONOMOUS MOTOR
VEHICLES.
(a) Relationship to Other Laws.--Section 30103 of title 49, United
States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Preemption.--
``(1) Highly automated vehicles.--No State or political
subdivision of a State may maintain, enforce, prescribe, or
continue in effect any law or regulation regarding the design,
construction, or performance of highly automated vehicles,
automated driving systems, or components of automated driving
systems unless such law or regulation is identical to a
standard prescribed under this chapter.
``(2) Motor vehicle standard.--When a motor vehicle safety
standard is in effect under this chapter a State or political
subdivision of a State may prescribe or continue in effect a
standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard
is identical to the standard prescribed under this chapter.
``(3) Rules of construction.--
``(A) In general.--Nothing in this subsection may
be construed to prohibit a State or a political
subdivision of a State from maintaining, enforcing,
prescribing, or continuing in effect any law or
regulation regarding registration, licensing, driving
education and training, insurance, law enforcement,
crash investigations, safety and emission inspections,
congestion management of vehicles on the street within
a State or political subdivision of a State, or traffic
unless the law or regulation is an unreasonable
restriction on the design, construction, or performance
of highly automated vehicles, automated driving
systems, or components of automated driving systems.
``(B) Motor vehicle dealers.--Nothing in this
subsection may be construed to prohibit a State or
political subdivision of a State from maintaining,
enforcing, prescribing, or continuing in effect any law
or regulation regarding the sale, distribution, repair,
or service of highly automated vehicles, automated
driving systems, or components of automated driving
systems by a dealer, manufacturer, or distributor.
``(C) Conformity with federal law.--Nothing in this
subsection shall be construed to preempt, restrict, or
limit a State or political subdivision of a State from
acting in accordance with any other Federal law.
``(4) Higher performance requirement.--However, the United
States Government, a State, or a political subdivision of a
State may prescribe a standard for a motor vehicle, motor
vehicle equipment, highly automated vehicle, or automated
driving system obtained for its own use that imposes a higher
performance requirement than that required by the otherwise
applicable standard under this chapter.
``(5) State enforcement.--A State may enforce a standard
that is identical to a standard prescribed under this
chapter.''; and
(2) by amending subsection (e) to read as follows:
``(e) Common Law Liability.--
``(1) In general.--Compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person
from liability at common law.
``(2) Rule of construction.--Nothing in this section shall
be construed to preempt common law claims.''.
(b) Definitions.--Section 30102 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (8), (9), (10), (11),
(12), (13), (15), (16), and (17), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `automated driving system' means the hardware and
software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of
whether such system is limited to a specific operational design
domain.'';
(C) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) `dynamic driving task' means all of the real time
operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions
such as trip scheduling and selection of destinations and
waypoints, and including--
``(A) lateral vehicle motion control via steering;
``(B) longitudinal vehicle motion control via
acceleration and deceleration;
``(C) monitoring the driving environment via object
and event detection, recognition, classification, and
response preparation;
``(D) object and event response execution;
``(E) maneuver planning; and
``(F) enhancing conspicuity via lighting,
signaling, and gesturing.
``(7) `highly automated vehicle'--
``(A) means a motor vehicle equipped with an
automated driving system; and
``(B) does not include a commercial motor vehicle
(as defined in section 31101).''; and
(D) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(2) by adding at the end the following:
``(c) Revisions to Certain Definitions.--
``(1) If SAE International (or its successor organization)
revises the definition of any of the terms defined in paragraph
(1), (6), or (14) of subsection (a) in Recommended Practice
Report J3016, it shall notify the Secretary of the revision.
The Secretary shall publish a notice in the Federal Register to
inform the public of the new definition unless, within 90 days
after receiving notice of the new definition and after opening
a period for public comment on the new definition, the
Secretary notifies SAE International (or its successor
organization) that the Secretary has determined that the new
definition does not meet the need for motor vehicle safety, or
is otherwise inconsistent with the purposes of this chapter. If
the Secretary so notifies SAE International (or its successor
organization), the existing definition in subsection (a) shall
remain in effect.
``(2) If the Secretary does not reject a definition revised
by SAE International (or its successor organization) as
described in paragraph (1), the Secretary shall promptly make
any conforming amendments to the regulations and standards of
the Secretary that are necessary. The revised definition shall
apply for purposes of this chapter. The requirements of section
553 of title 5 shall not apply to the making of any such
conforming amendments.
``(3) Pursuant to section 553 of title 5, the Secretary may
update any of the definitions in paragraph (1), (6), or (14) of
subsection (a) if the Secretary determines that materially
changed circumstances regarding highly automated vehicles have
impacted motor vehicle safety such that the definitions need to
be updated to reflect such circumstances.''. | Let NHTSA Enforce Automated Vehicle Driving Regulations Act or the LEAD'R Act This bill provides for federal preemption of state laws regulating highly automated vehicles and automated driving systems (or components of such systems). A state may not enact a law in this area unless such law is identical to federal standards. | Let NHTSA Enforce Automated Vehicle Driving Regulations Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Voting Reform Act of
2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On August 29, 2005, Hurricane Katrina came ashore and
destroyed 295 out of 442 polling locations in Orleans Parish,
Louisiana.
(2) In advance of the April 2006 municipal elections,
Louisiana election officials requested $2.4 million from the
Federal Emergency Management Agency (FEMA) for replacement,
repairs, re-inspection, and certification of voting machines
damaged by the hurricane.
(3) While FEMA provided $733,000 for repairs, those funds
could not be used to locate Orleans Parish voters spread across
48 states, and the State of Louisiana incurred a cost of
$750,000 for the purposes of voter outreach and education for
those displaced voters.
SEC. 3. GRANTS TO STATES FOR RESPONDING TO ELECTION ADMINISTRATION
NEEDS RESULTING FROM NATURAL DISASTERS.
(a) Authority To Make Grants.--The Election Assistance Commission
shall make a grant to each eligible State, in such amount as the
Commission considers appropriate, for purposes of restoring and
replacing supplies, materials, and equipment used in the administration
of elections in the State which were damaged as a result of a major
natural disaster, and for conducting voter outreach and education for
voters displaced as a result of a major natural disaster, as determined
on the basis of such criteria as the Commission may establish.
(b) Eligibility.--
(1) In general.--A State is eligible to receive a grant
under this Act if it submits to the Commission (at such time
and in such form as the Commission may require) a certification
that supplies, materials, and equipment used in the
administration of elections in the State were damaged as a
result of a major natural disaster.
(2) Preference for states using funds for satellite voting
sites.--In determining the eligibility of States for receiving
grants under this Act and the amount of the grant awarded to a
State, the Commission shall give preference to States which
will use the grant to operate voting sites for displaced voters
which are located outside of the area which was affected by the
major natural disaster.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2008 for grants under this section
$50,000,000, to remain available until expended.
SEC. 4. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS
VOTERS TO DISPLACED CITIZENS.
(a) Right of Evacuees to Use Absentee Balloting and Registration
Procedures Available to Military and Overseas Voters.--In the case of
any individual who is an eligible disaster evacuee, with respect to any
election occurring during the period described in subsection (d)--
(1) the individual shall be treated in the same manner as
an absent uniformed services voter and overseas voter for
purposes of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1)
(42 U.S.C. 1973ff-2(b)(1)); and
(2) the individual shall be deemed to be an individual who
is entitled to vote by absentee ballot for purposes of the
National Voter Registration Act of 1993 and the Help America
Vote Act of 2002.
(b) Eligible Disaster Evacuee Defined.--
(1) In general.--For purposes of this section, the term
``eligible disaster evacuee'' means an individual--
(A) whose place of residence where the individual
is otherwise qualified to vote is located within a
jurisdiction described in paragraph (2);
(B) who provides the appropriate State election
official with a certification that the individual is
absent from such place of residence as a result of
evacuation from an area affected by a major natural
disaster; and
(C) who provides the official with an affidavit
stating that the individual intends to return to such
place of residence after the election or elections
involved.
(2) Jurisdiction described.--A jurisdiction described in
this paragraph is a registrar's jurisdiction defined in section
8(j) of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-6(j)) in which not fewer than 20 percent of the voting
age population is absent as a result of evacuation from an area
affected by a major natural disaster (determined as of the date
on which the individual provides the certification and
affidavit referred to in paragraph (1)).
(c) Requiring Designated Voter Registration Agencies To Notify
Displaced Individuals of Availability of Protections.--Each motor
vehicle authority in a State and each voter registration agency
designated in a State under section 7(a) of the National Voter
Registration Act of 1993 shall take such steps as may be necessary to
notify individuals to whom services are provided of the protections
provided by this section and of the requirements for obtaining those
protections, including the requirement to submit an affidavit stating
that the individual intends to return to the place of residence where
the individual is otherwise qualified to vote.
(d) Period of Applicability.--The period described in this
subsection is, with respect to an individual who is absent from a place
of residence as a result of evacuation from an area affected by a major
natural disaster, the period--
(1) which begins on the date of the individual's
evacuation; and
(2) which ends on the date of the second regularly
scheduled general election for Federal office (or, if a runoff
election is held with respect to that second regularly
scheduled general election for Federal office, the date of the
runoff election) which occurs after the date of the
individual's evacuation.
SEC. 5. MAJOR NATURAL DISASTER DEFINED.
In this Act, the term ``major natural disaster'' means a major
disaster declared by the President under section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). | Disaster Voting Reform Act of 2007 - Directs the Election Assistance Commission to make grants to each eligible state to: (1) restore and replace supplies, materials, and equipment used in the administration of elections which were damaged as a result of a major natural disaster; and (2) conduct voter outreach and education for voters displaced as a result of a major natural disaster. Requires preference for states with satellite voting sites.
Grants an eligible disaster evacuee the right to be treated in the same manner as an absent uniform services voter and overseas voter under the Uniform and Overseas Citizen Absentee Voting Act. Deems such an individual entitled to vote by absentee ballot under the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.
Requires each motor vehicle authority and each designated voter registration agency in a state to take necessary steps to notify individuals to whom services are provided of the protections of this Act and the requirements for obtaining those protections. | To direct the Election Assistance Commission to make grants to States to respond to election administration needs which result from a major natural disaster, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Accountability Act of
2002''.
SEC. 2. PERFORMANCE-BASED COMPENSATION EXCEPTION TO $1,000,000
LIMITATION ON DEDUCTIBLE COMPENSATION NOT TO APPLY IN
CERTAIN CASES.
(a) In General.--Paragraph (4) of section 162(m) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Certain factors not permitted to be taken
into account in determining whether performance goals
are met.--Subparagraph (C) shall not apply if, in
determining whether the performance goals are met, any
of the following are taken into account:
``(i) Cost savings as a result of changes
to any qualified employer plan (as defined in
section 4972(d)).
``(ii) Excess assets of such a plan or
earnings thereon.
``(iii) Any excess of the amount assumed to
be the return on the assets of such a plan over
the actual return on such assets.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. INCLUSION IN GROSS INCOME OF FUNDED DEFERRED COMPENSATION OF
CORPORATE INSIDERS IF CORPORATION FUNDS DEFINED
CONTRIBUTION PLAN WITH EMPLOYER STOCK.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 409A. DENIAL OF DEFERRAL FOR FUNDED DEFERRED COMPENSATION OF
CORPORATE INSIDERS IF CORPORATION FUNDS DEFINED
CONTRIBUTION PLAN WITH EMPLOYER STOCK.
``(a) In General.--If an employer maintains a defined contribution
plan to which employer contributions are made in the form of employer
stock and such employer maintains a funded deferred compensation plan--
``(1) compensation of any corporate insider which is
deferred under such funded deferred compensation plan shall be
included in the gross income of the insider or beneficiary for
the 1st taxable year in which there is no substantial risk of
forfeiture of the rights to such compensation, and
``(2) the tax treatment of any amount made available under
the plan to a corporate insider or beneficiary shall be
determined under section 72 (relating to annuities, etc.).
``(b) Funded Deferred Compensation Plan.--For purposes of this
section--
``(1) In general.--The term `funded deferred compensation
plan' means any plan providing for the deferral of compensation
unless--
``(A) the employee's rights to the compensation
deferred under the plan are no greater than the rights
of a general creditor of the employer, and
``(B) all amounts set aside (directly or
indirectly) for purposes of paying the deferred
compensation, and all income attributable to such
amounts, remain (until made available to the
participant or other beneficiary) solely the property
of the employer (without being restricted to the
provision of benefits under the plan), and
``(C) the amounts referred to in subparagraph (B)
are available to satisfy the claims of the employer's
general creditors at all times (not merely after
bankruptcy or insolvency).
Such term shall not include a qualified employer plan.
``(2) Special rules.--
``(A) Employee's rights.--A plan shall be treated
as failing to meet the requirements of paragraph (1)(A)
unless--
``(i) the compensation deferred under the
plan is paid only upon separation from service,
death, or at a specified time (or pursuant to a
fixed schedule), and
``(ii) the plan does not permit the
acceleration of the time such deferred
compensation is paid by reason of any event.
If the employer and employee agree to a modification of
the plan that accelerates the time for payment of any
deferred compensation, then all compensation previously
deferred under the plan shall be includible in gross
income for the taxable year during which such
modification takes effect and the taxpayer shall pay
interest at the underpayment rate on the underpayments
that would have occurred had the deferred compensation
been includible in gross income when deferred.
``(B) Creditor's rights.--A plan shall be treated
as failing to meet the requirements of paragraph (1)(B)
with respect to amounts set aside in a trust unless--
``(i) the employee has no beneficial
interest in the trust,
``(ii) assets in the trust are available to
satisfy claims of general creditors at all
times (not merely after bankruptcy or
insolvency), and
``(iii) there is no factor (such as the
location of the trust outside the United
States) that would make it more difficult for
general creditors to reach the assets in the
trust than it would be if the trust assets were
held directly by the employer in the United
States.
``(c) Corporate Insider.--For purposes of this section, the term
`corporate insider' means, with respect to a corporation, any
individual who is subject to the requirements of section 16(a) of the
Securities Exchange Act of 1934 with respect to such corporation.
``(d) Other definitions.--For purposes of this section--
``(1) Plan includes arrangements, etc.--The term `plan'
includes any agreement or arrangement.
``(2) Substantial risk of forfeiture.--The rights of a
person to compensation are subject to a substantial risk of
forfeiture if such person's rights to such compensation are
conditioned upon the future performance of substantial services
by any individual.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by adding at the end the following new item:
``Sec. 409A. Denial of deferral for
funded deferred compensation of
corporate insiders if
corporation funds defined
contribution plan with employer
stock.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts deferred after the date of the enactment of this Act.
SEC. 4. INCLUSION IN INCOME OF CERTAIN DEFERRED AMOUNTS OF INSIDERS OF
CORPORATIONS WHICH EXPATRIATE TO AVOID UNITED STATES
INCOME TAX.
(a) In General.--Part II of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically included
in gross income) is amended by adding at the end the following new
section:
``SEC. 91. UNREALIZED GAIN ON STOCK OPTIONS OF INSIDERS OF CORPORATIONS
WHICH EXPATRIATE TO AVOID UNITED STATES INCOME TAX.
``(a) In General.--In the case of a corporate insider of any
expatriate corporation, the gross income of such insider (for the
taxable year during which such corporation becomes an expatriate
corporation) shall include as ordinary income the net unrealized built-
in gain on options held by such insider to acquire stock in such
corporation or in any member of the expanded affiliated group which
includes such corporation. Proper adjustments shall be made in the
amount of any gain or loss subsequently realized with respect to such
options for any amount included in gross income under the preceding
sentence.
``(b) Definitions.--For purposes of this section--
``(1) Corporate insider.--The term `corporate insider'
means, with respect to a corporation, any individual who is
subject to the requirements of section 16(a) of the Securities
Exchange Act of 1934 with respect to such corporation.
``(2) Expatriate corporation.--
``(A) In general.--The term `expatriate
corporation' means the acquiring corporation in a
corporate expatriation transaction.
``(B) Corporate expatriation transaction.--For
purposes of this paragraph--
``(i) In general.--The term `corporate
expatriation transaction' means any transaction
if--
``(I) a nominally foreign
corporation (referred to in this
subparagraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly substantially all of the
properties held directly or indirectly
by a domestic corporation, and
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation.
``(ii) Lower stock ownership requirement in
certain cases.--Subclause (II) of clause (i)
shall be applied by substituting `50 percent'
for `80 percent' with respect to any nominally
foreign corporation if--
``(I) such corporation does not
have substantial business activities
(when compared to the total business
activities of the expanded affiliated
group) in the foreign country in which
or under the law of which the
corporation is created or organized,
and
``(II) the stock of the corporation
is publicly traded and the principal
market for the public trading of such
stock is in the United States.
``(iii) Partnership transactions.--The term
`corporate expatriation transaction' includes
any transaction if--
``(I) a nominally foreign
corporation (referred to in this
paragraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly properties constituting a
trade or business of a domestic
partnership,
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
partners of the domestic partnership or
related foreign partnerships
(determined without regard to stock of
the acquiring corporation which is sold
in a public offering related to the
transaction), and
``(III) the acquiring corporation
meets the requirements of subclauses
(I) and (II) of clause (ii).
``(iv) Special rules.--For purposes of this
subparagraph--
``(I) a series of related
transactions shall be treated as 1
transaction, and
``(II) stock held by members of the
expanded affiliated group which
includes the acquiring corporation
shall not be taken into account in
determining ownership.
``(v) Nominally foreign corporation.--The
term `nominally foreign corporation' means any
corporation which would (but for this
subparagraph) be treated as a foreign
corporation.
``(3) Net realized built-in gain.--The term `net unrealized
built-in gain' means, with respect to options to acquire stock
in any corporation, the amount which would be required to be
included in gross income were such options exercised.
``(4) Expanded affiliated group.--The term `expanded
affiliated group' means an affiliated group (as defined in
section 1504(a) without regard to section 1504(b)).''
(b) Clerical Amendment.--The table of sections for such part II is
amended by adding at the end the following new item:
``Sec. 91. Certain deferred amounts of
insiders of corporations which
expatriate to avoid United
States income tax.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to corporate expatriation transactions completed
after September 11, 2001, and to taxable years ending after such date.
SEC. 5. GOLDEN PARACHUTE EXCISE TAX TO APPLY TO DEFERRED COMPENSATION
PAID BY CORPORATION AFTER MAJOR DECLINE IN STOCK VALUE OR
CORPORATION DECLARES BANKRUPTCY.
(a) In General.--Section 4999 of the Internal Revenue Code of 1986
(relating to golden parachute payments) is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection (b)
the following new subsection:
``(c) Tax To Apply to Deferred Compensation Paid After Major Stock
Value Decline or Bankruptcy.--
``(1) In general.--For purposes of this section, the term
`excess parachute payment' includes severance pay, and any
other payment of deferred compensation, which is received by a
corporate insider after the date that the insider ceases to be
employed by the corporation if--
``(A) there is at least a 75-percent decline in the
value of the stock in such corporation during the 1-
year period ending on such date, or
``(B) such corporation becomes a debtor in a title
11 or similar case (as defined in section 368(a)(3)(A))
during the 180-day period beginning 90 days before such
date.
Such term shall not include any payment from a qualified
employer plan.
``(2) Corporate insider.--For purposes of paragraph (1),
the term `corporate insider' means, with respect to a
corporation, any individual who is subject to the requirements
of section 16(a) of the Securities Exchange Act of 1934 with
respect to such corporation.''
(b) Effective Date.--The amendment made by this section shall apply
with respect to cessations of employment after the date of the
enactment of this Act. | Executive Accountability Act of 2002 - Amends the Internal Revenue Code to negate, in specified cases, the performance-based compensation exception to the $1,000,000 limitation on deductible compensation paid by publicly held corporations.Includes in gross income funded deferred compensation of a corporate insider if the insider's corporation funds its defined contribution plan with employer stock, with specified exceptions.Includes in gross income the net unrealized built-in gain on options held by a corporate insider to acquire stock in an expatriate corporation or in any member of an expanded affiliated group which includes such corporation.Applies the golden parachute excise tax to certain cases of deferred compensation paid by a corporation to a corporate insider after such individual has left the firm if the stock value of the corporation has recently suffered a major decline or the corporation has recently declared bankruptcy. | To amend the Internal Revenue Code of 1986 to encourage more responsible corporate governance. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caring for Military Children with
Developmental Disabilities Act of 2014''.
SEC. 2. BEHAVIORAL HEALTH TREATMENT OF DEVELOPMENTAL DISABILITIES UNDER
THE TRICARE PROGRAM.
(a) Behavioral Health Treatment of Developmental Disabilities Under
TRICARE.--Section 1077 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1) Subject to paragraph (4), in providing health care under
subsection (a), the treatment of developmental disabilities (as defined
by section 102(8) of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum
disorder, shall include behavioral health treatment, including applied
behavior analysis, when prescribed by a physician or psychologist.
``(2) In carrying out this subsection, the Secretary shall ensure
that--
``(A) except as provided by subparagraph (B), behavioral
health treatment is provided pursuant to this subsection--
``(i) in the case of such treatment provided in a
State that requires licensing or certification of
applied behavioral analysts by State law, by an
individual who is licensed or certified to practice
applied behavioral analysis in accordance with the laws
of the State; or
``(ii) in the case of such treatment provided in a
State other than a State described in clause (i), by an
individual who is licensed or certified by a State or
accredited national certification board; and
``(B) applied behavior analysis or other behavioral health
treatment may be provided by an employee, contractor, or
trainee of a person described in subparagraph (A) if the
employee, contractor, or trainee meets minimum qualifications,
training, and supervision requirements as set forth in
applicable State law, by an appropriate accredited national
certification board, or by the Secretary.
``(3) Nothing in this subsection shall be construed as limiting or
otherwise affecting the benefits provided to a covered beneficiary
under--
``(A) this chapter;
``(B) title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.); or
``(C) any other law.
``(4)(A) Treatment may be provided under this subsection in a
fiscal year only to the extent that amounts are provided in advance in
appropriations Acts for the provision of such treatment for such fiscal
year in the Defense Dependents Developmental Disabilities Account.
``(B) Funds for treatment under this subsection may be derived only
from the Defense Dependents Developmental Disabilities Account.''.
(b) Defense Dependents Developmental Disabilities Account.--
(1) Establishment.--
(A) In general.--There is hereby established on the
books of the Treasury an account to be known as the
``Defense Dependents Developmental Disabilities
Account'' (in this subsection referred to as the
``Account'').
(B) Separate account.--The Account shall be a
separate account for the Department of Defense, and
shall not be a subaccount within the Defense Health
Program account of the Department.
(2) Elements.--The Account shall consist of amounts
authorized to be appropriated or transferred to the Account.
(3) Excluded sources of elements.--Amounts in the Account
may not be derived from transfers from the following:
(A) The Department of Defense Medicare-Eligible
Retiree Health Care Fund under chapter 56 of title 10,
United States Code.
(B) The Coast Guard Retired Pay Account.
(C) The National Oceanic and Atmospheric
Administration Operations, Research, and Facilities
Account.
(D) The Public Health Service Retirement Pay and
Medical Benefits for Commissioned Officers Account.
(4) Availability.--Amounts in the Account shall be
available for the treatment of developmental disabilities in
covered beneficiaries pursuant to subsection (g) of section
1077 of title 10, United States Code (as added by subsection
(a)). Amounts in the Account shall be so available until
expended.
(5) Funding.--
(A) Authorization of appropriations.--There is
hereby authorized to be appropriated for fiscal year
2015 for the Department of Defense for the Defense
Dependents Developmental Disabilities Account,
$20,000,000.
(B) Transfer for continuation of existing
services.--From amounts authorized to be appropriated
for the Department of Defense for the Defense Health
Program for fiscal year 2015, the Secretary of Defense
shall transfer to the Defense Dependents Developmental
Disabilities Account $250,000,000. | Caring for Military Children with Developmental Disabilities Act of 2014 - Includes in the treatment of military dependents' developmental disabilities under the Department of Defense (DOD) TRICARE program behavioral health treatment, including applied behavior analysis, that is prescribed by a physician or psychologist. Allows such behavioral health treatment to be provided only to the extent that amounts are appropriated in advance for such treatment to a Defense Dependents Developmental Disabilities Account. Establishes in the Treasury the Defense Dependents Developmental Disabilities Account, which is to be separate from the DOD's Defense Health Program Account. Authorizes appropriations for, and transfers funds to, the Defense Dependents Developmental Disabilities Account. | Caring for Military Children with Developmental Disabilities Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Environmental,
Labor, and Agricultural Standards Act of 1993''.
SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES.
In addition to the overall and principal trade negotiating
objectives of the United States set forth in section 1101 of the
Omnibus Trade and Competitiveness Act of 1988, the purposes, policies,
and objectives of title I of such Act of 1988 that are applicable with
respect to any free-trade area trade agreement negotiated under the
authority of such title I in furtherance of the Enterprise for the
Americas Initiative with any country in the Western Hemisphere outside
North America (hereinafter referred to as the ``EAFTA'') include the
achievement of the following principal negotiating objectives:
(1) Worker rights and standards and protection.--With a
view to establishing open, expanding mutually-beneficial trade
among the countries of the Western Hemisphere, to spreading the
benefits of such trade as widely as possible, to protecting
citizens interests, and to enhancing respect for human rights
throughout the Western Hemisphere, the principal negotiating
objectives of the United States with respect to worker rights
and standards, and the protection thereof, in the conduct of
international trade, commerce, and finance are--
(A) to ensure freedom of association and to affirm
the vital role that free and independent unions play in
democratic governance;
(B) to ensure the rights of working people to
organize, to bargain collectively, and to strike, and
to ensure the right of workers' representatives to
legal protection in the free exercise of their duties
and fundamental human rights;
(C) to establish a minimum age for the employment
of children--
(i) at 14 years if the employment will not
result in the neglect of their education and
will not harm their health and well-being, and
(ii) at 18 years if the employment involves
the use of, or exposure to, hazardous equipment
or toxic chemical substances, but only if the
use or exposure will not pose long-term risks
to their health and safety;
(D) to ensure the right to health at the workplace
and to a healthy working environment, including freedom
from exposure to toxic substances;
(E) to guarantee the right of all workers to equal
protection, including freedom from discrimination in
wages or working conditions, regardless of their
nationality, race, religion, age, or sex; and
(F) to guarantee humane standards of wages and
hours of work that take into account different levels
of national economic development, but provide for
improvement concurrently with gains in productivity.
(2) Environmental quality and protection.--In recognition
of the shared responsibility of the countries of the Western
Hemisphere as stewards responsible for, and our common interest
in, preserving and sustaining the Western Hemisphere's natural
habitat and resources over time, the principal negotiating
objectives of the United States with respect to environmental
quality and protection are--
(A) the protection of environmental quality and of
the integrity of ecosystems, as well as the maintenance
of scarce biological and physical resources, in the
conduct of international trade, commerce, and finance;
(B) the establishment of a process for the full and
public disclosure of the kinds, quantities, and risks
associated with toxic chemical and hazardous substance
discharges into the air, water, and land;
(C) the prevention of the export of toxic and
hazardous substances and products, such as carcinogens
and unsafe drugs, that are banned in the country of
origin;
(D) the prevention of the export of products
(unless remediation or repatriation contracts already
exist) manufactured, extracted, harvested, or grown
under environmental conditions or workplace safety and
health conditions that undermine counterpart standards,
particularly those applicable to the counterpart
industry in the importing country or the counterpart
standards, in general, in the importing country; and
(E) to require that industries within their
national borders reduce the amount and toxicity of
hazardous substances that they use, minimize the amount
and toxicity of wastes they generate, and demonstrate
publicly their use of best available technology for
pollution abatement in their production processes.
(3) Unfair trade practices.--In acknowledging different,
evolving comparative advantages among trading nations, but with
a view to distinguishing between acceptable and unacceptable
means of competition among trading nations, the principal
negotiating objectives of the United States with respect to
unfair trade practices shall include the adoption, as a
principle, that the systematic denial or practical negation of
the protections accorded worker rights and standards and
environmental quality (within the context of paragraphs (1) and
(2)) as a means for any country or its industries to gain
competitive advantage in international trade, commerce, and
finance is an actionable unfair trade practice.
(4) Comprehensive dispute resolution.--The principal
negotiating objectives of the United States are to achieve a
process for the settlement of disputes that arise between or
among the signatories with respect to unfair trade practices,
including not only those involving commonly identified unfair
trade barriers, but unfair practices, within the context of the
negotiating objectives listed in paragraphs (1), (2), and (3)
involving the systematic denial or practical negation of worker
rights and standards and failure to apply or enforce standards
relating to environmental quality or protection, resulting in
distortions to international trade, commerce, and finance. Such
a process shall include--
(A) notification by each signatory nation to the
other signatories regarding changes in law or practice
that will materially affect the agreement;
(B) provision, on a sequential basis and subject to
reasonable time limits, for consultation between or
among signatories, for mediation, and, if necessary,
for binding arbitration;
(C) the establishment of a multilateral commission,
with authority to investigate, adjudicate, and issue
binding judgments in a timely manner regarding the
issues in dispute pursuant to subparagraph (B)--
(i) that consists of equal numbers of
experts from the signatory nations (with United
States experts being subject to the advice and
consent of the United States Senate), and
(ii) the chairmanship of which will be
filled by individuals who--
(I) are citizens of the respective
signatories,
(II) serve on a rotational basis
among the signatories for 2-year terms,
but no individual may serve in such
office for more than one term, and
(III) are appointed to such office
by the respective chief executive
officers of the signatories (and any
chairperson appointed from the United
States is subject to the advice and
consent of the United States); and
(D) provision for the multilateral commission, in
its proceedings and deliberations, to consult with a
wide array of representative organizations, in addition
to government agencies, with expertise in labor,
environmental, agricultural, and scientific matters in
each of the signatory nations;
(E) provision for the multilateral commission to
enforce its judgments, as appropriate, by authorizing
an aggrieved signatory nation to--
(i) suspend, withdraw, or prevent the
application of, the benefits of trade agreement
concessions to carry out the EAFTA with the
offending signatory nation,
(ii) impose proportionate duties on
specific products, companies, or industries, or
other offsetting import restrictions on the
goods of, and offsetting fees or restrictions
on the services of, the offending signatory
nation for such time as the multilateral
commission determines, or
(iii) enter into binding agreements with
the offending signatory nation that commit such
nation to--
(I) eliminate, or phase out, the
act, policy, or practice that
constitutes an unfair trade practice
and that is the subject of the action
to be taken under clause (i) or (ii),
(II) eliminate any burden or
restriction on Western Hemisphere
trade, as defined in the EAFTA,
resulting from such unfair trade
practice,
(III) provide the aggrieved
signatory nation with compensatory
trade benefits that are satisfactory to
the multilateral commission and meet
the requirements of subparagraph (F),
or
(IV) enter into debt-for-science
exchanges, or similar arrangements, as
appropriate, that are satisfactory to
the multilateral commission and that
serve, as potential funding sources for
remedies recommended under paragraph
(5), to ameliorate the issues in
dispute pursuant to subparagraph (B);
(F) provision that any binding agreement described
in subparagraph (E)(iii)(III) provide compensatory
trade benefits (including, but not limited to,
appropriate fees on trans-border movements of products,
services, or capital) that benefit the economic sector
which includes the domestic industry in the aggrieved
signatory nation that would benefit from the
elimination of the act, policy, or practice that
constitutes an unfair trade practice and that is the
subject of the action to be taken under subparagraph
(E), or benefit the economic sector within the
aggrieved signatory nation as closely related as
possible to such sector, unless--
(i) the provision of such trade benefits is
not feasible, or
(ii) trade benefits that benefit any other
economic sector within the aggrieved signatory
nation would be clearly and substantially more
satisfactory than such trade benefits;
(G) provision for the trinational commission, in
taking action against unfair trade practices, as
defined in the EAFTA, to avoid diminishing higher
protections accorded worker rights and standards and
environmental quality and protection and to give
preference to the prompt elimination of the act,
policy, or practice at issue over--
(i) the imposition of duties or other
offsetting import restrictions or compensatory
trade benefits, or
(ii) the entering into of debt relief
arrangements described in subparagraph
(E)(iii)(IV);
(H) provision for the government of any signatory
nation or any informed person within a signatory nation
to file a petition requesting the multilateral
commission to take action under subparagraph (E)
against any unfair trade practice, including the
systematic denial or practical negation of worker
rights and standards and failure to apply or enforce
standards relating to environmental quality or
protection (referred to in paragraphs (1) and (2)), and
setting forth the allegations in support of the request
in public hearings and written testimony; and
(I) provision for the proceedings, record, and
decisions (along with the supporting rationale) of the
multilateral commission to be made public information.
(5) Technical advice and recommendations.--
(A) Interagency committee.--The Director of the
Office of Science and Technology shall establish,
through the Federal Coordinating Council on Science,
Engineering, and Technology, an interagency committee
to provide technical assistance, advice, and
recommendations to United States experts on the
multilateral commission. The interagency committee
shall include one representative from each of the
following agencies:
(i) The National Science Foundation.
(ii) The Environmental Protection Agency.
(iii) The Department of Labor.
(iv) The Department of the Interior.
(v) The Department of Agriculture.
(vi) The Department of Energy.
(vii) The National Institute of Standards
and Technology.
(viii) The Department of Justice.
(B) Specific functions.--In addition to the general
functions referred to in subparagraph (A), the
interagency committee shall evaluate the scientific and
technological aspects of certain disputes brought
before the multilateral commission that pertain to
environmental quality and protection and to workplace
safety and health, and shall determine if violations
related to the disputes reflect--
(i) inadequate or insufficient application
of known technologies and techniques for
mitigation of the violations, or
(ii) need for additional research on, and
the development of, new technologies and
techniques for mitigation of the violations.
Consistent with paragraph (4)(G), and after
consultations with State and local government officials
and a wide array of representative organizations with
expertise in environmental, labor, agricultural and
scientific matters, the interagency committee will
recommend to the United States experts on the
multilateral commission, when appropriate, specific
technological remedies to eliminate violations or
further research that is needed to develop scientific
and technological remedies. | Western Hemisphere Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) in furtherance of the Enterprise for the Americas Initiative with any country in the Western Hemisphere outside North America must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates.
Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work.
Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosures of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country.
Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice.
Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a multilateral commission with authority to investigate, adjudicate, and issue timely binding judgments.
Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the multilateral dispute resolution commission. | Western Hemisphere Environmental, Labor, and Agricultural Standards Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prairie Protection Act of 2013''.
SEC. 2. CROP PRODUCTION ON NATIVE SOD.
(a) Federal Crop Insurance.--Section 508(o) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)) is amended--
(1) in paragraph (1)(B), by inserting ``, or the producer
cannot substantiate that the ground has ever been tilled,''
after ``tilled'';
(2) in paragraph (2)(A), by striking ``for benefits under--
'' and all that follows through the period at the end and
inserting ``for--
``(i) a portion of crop insurance premium
subsidies under this subtitle in accordance
with paragraph (3);
``(ii) benefits under section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333); and
``(iii) payments described in subsection
(b) of section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308).''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Administration.--
``(A) In general.--During the first 4 crop years of
planting on native sod acreage by a producer described
in paragraph (2)--
``(i) paragraph (2) shall apply to 65
percent of the applicable transitional yield;
and
``(ii) the crop insurance premium subsidy
provided for the producer under this subtitle
shall be 50 percentage points less than the
premium subsidy that would otherwise apply.
``(B) Yield substitution.--During the period native
sod acreage is covered by this subsection, a producer
may not substitute yields for the native sod
acreage.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)(4)) is amended--
(1) in subparagraph (A)(ii), by inserting ``, or the
producer cannot substantiate that the ground has ever been
tilled,'' after ``tilled'';
(2) in subparagraph (B)(i), by striking ``for benefits
under--'' and all that follows through the period at the end
and inserting ``for--
``(I) benefits under this section;
``(II) a portion of crop insurance
premium subsidies under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.) in accordance with subparagraph
(C); and
``(III) payments described in
subsection (b) of section 1001 of the
Food Security Act of 1985 (7 U.S.C.
1308).''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) Administration.--
``(i) In general.--During the first 4 crop
years of planting on native sod acreage by a
producer described in subparagraph (B)--
``(I) subparagraph (B) shall apply
to 65 percent of the applicable
transitional yield; and
``(II) the crop insurance premium
subsidy provided for the producer under
the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) shall be 50
percentage points less than the premium
subsidy that would otherwise apply.
``(ii) Yield substitution.--During the
period native sod acreage is covered by this
paragraph, a producer may not substitute yields
for the native sod acreage.''.
(c) Cropland Report.--
(1) Baseline.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the cropland
acreage in each county and State, and the change in cropland
acreage from the preceding year in each county and State,
beginning with calendar year 2000 and including that
information for the most recent year for which that information
is available.
(2) Annual updates.--Not later than January 1, 2014, and
each January 1 thereafter through January 1, 2018, the
Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
(A) the cropland acreage in each county and State
as of the date of submission of the report;
(B) the change in cropland acreage from the
preceding year in each county and State; and
(C) the number of acres of native sod that have
been converted to cropland or to any other use in the
preceding year in each county and State. | Prairie Protection Act of 2013 - Amends the Federal Crop Insurance Act to reduce crop insurance assistance and noninsured crop disaster assistance for crops grown on native sod acreage converted to cropland for the first four years. | Prairie Protection Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assessing Progress in Haiti Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Government of Haiti, more than 316,000
people died as a result of the earthquake that struck 15 miles
southwest of Port-au-Prince on January 12, 2010, including 103
United States citizens and more than 100 United Nations
personnel.
(2) According to the United Nations and the International
Organization for Migration, an estimated 3,000,000 people were
directly affected by the disaster, and more than 2,100,000
people were displaced from their homes.
(3) The Post Disaster Needs Assessment conducted by the
Government of Haiti, the United Nations, the World Bank, the
Inter-American Development Bank, and others estimated that
damage and economic losses totaled $7,804,000,000,
approximately 120 percent of Haiti's gross domestic product in
2009.
(4) The initial emergency response of the men and women of
the United States Government, led by the United States Agency
for International Development (USAID) and the United States
Southern Command, as well as of cities, towns, individuals,
businesses, and philanthropic organizations across the United
States, was swift and resolute.
(5) According to the Government of Haiti, numerous
multilateral agencies such as the United Nations, and
international NGOs, Haiti faces an ongoing food crisis as a
result of the earthquake and subsequent damage caused by
tropical storms and hurricanes, as well as long term neglect of
the agriculture sector.
(6) According to the International Organization for
Migration, approximately 350,000 people remain in spontaneous
and organized camps in Haiti, and reports by the General
Accountability Office, USAID Inspector General, and civil
society organizations indicate that the pace of recovery and
development has lagged significantly behind the emergency
relief phase.
(7) Haitian civil society organizations have noted a lack
of systematic and widespread consultations with Haitian
communities for their input in the recovery and development
process.
(8) On October 21, 2010, an outbreak of cholera was
detected and according to the Haitian Ministry of Public Health
and Population, as of February 17, 2013, more than 8,000 people
had died from cholera and more than 647,500 had been infected
with the disease.
(9) The United States has provided more than $95,000,000 in
aid to combat the cholera epidemic and care for the victims.
(10) The United Nations Office of the Special Envoy for
Haiti estimates that, including donor pledges and other
support, approximately $6,400,000,000 has been disbursed, with
an additional amount of $3,800,000,000 committed, to assist in
Haiti's recovery and development.
(11) The United States Government has obligated
approximately $3,600,000,000 for relief, recovery and
development in Haiti since the earthquake, of which
$1,300,000,000 had been disbursed as of April 2013.
(12) Significant challenges remain in Haiti which will
require continued recovery and development aid from the
international community for the foreseeable future.
(13) The Haitian Diaspora has also played an essential role
in Haiti's reconstruction and the United States Government
should take steps to increase outreach and encourage
participation by Haitian Americans in recovery and development
activities in Haiti.
SEC. 3. REPORT.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the status of post-earthquake
recovery and development efforts in Haiti, including efforts to prevent
the spread of cholera and treat persons infected with the disease.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an assessment of the progress of recovery and
development efforts, as embodied in the Post-Earthquake USG
Haiti Strategy: Toward Renewal and Economic Opportunity
produced by the Department of State, compared to what remains
to be achieved to meet specific goals, including--
(A) the amount of funds disbursed through country
systems and any significant changes to the Strategy
since January 2010, with an explanation of such
changes;
(B) the amounts obligated and expended on United
States Government programs and activities since January
2010 to implement the Strategy, including award data on
the use of implementing partners at both prime and
subprime levels, and disbursement data from prime and
subprime implementing partners; and
(C) a description of goals and quantitative and
qualitative indicators to evaluate the progress,
achievement, or lack of achievement of such goals,
within specific timeframes, that comprise the Strategy
at the program level;
(2) an assessment of the manner in which the Department of
State and USAID are working with Haitian ministries and local
authorities, including the extent to which the Government of
Haiti has been consulted on the establishment of goals and
timeframes and on the design and implementation of new programs
under the Strategy;
(3) an assessment of the extent to which Haitian civil
society and grassroots organizations have been consulted on the
establishment of goals and timeframes and on the design and
implementation of new programs under the Strategy;
(4) an assessment of efforts to increase the involvement of
the Haitian private sector in recovery and development
activities;
(5) an assessment of how consideration for vulnerable
populations, including IDPs, women, children, orphans, and
persons with disabilities, have been incorporated in the design
and implementation of new programs and infrastructure;
(6) an assessment of how agriculture and infrastructure
programs are impacting food security and the livelihoods of
smallholder farmers in Haiti;
(7) an assessment of recovery and development coordination
among United States Government agencies and between the United
States Government and other donors;
(8) a description of the United States Government's
efforts, including diplomatic efforts, to help abate the
cholera epidemic in Haiti, in coordination with the Government
of Haiti, the United Nations, and other relevant entities;
(9) a description of mechanisms for communicating the
progress of recovery and development efforts to Haitian
citizens; and
(10) an assessment of the steps Haiti is taking to
strengthen its capacity to receive individuals who are removed,
excluded, or deported from the United States.
(c) Use of Previously Appropriated Funds.--Notwithstanding any
other provision of law, to carry out this section, the Comptroller
General of the United States is authorized to use unobligated amounts
made available to the Government Accountability Office in an amount not
to exceed $100,000. | Assessing Progress in Haiti Act - Directs the Comptroller General (GAO) to report to Congress on the status of post-earthquake recovery and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. | Assessing Progress in Haiti Act |
SECTION 1. SHORT TITLE; STATEMENT OF PURPOSE.
(a) Short Title.--This Act may be cited as the ``Industrial
Innovation Act of 1993''.
(b) Statement of Purpose.--The purposes of this Act are to help
small and medium-sized businesses to utilize the best practices in
quality processes, productivity, and marketing programs and to utilize
such practices in human resource management.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Small and medium-sized manufacturer.--The term ``small
and medium-sized manufacturers'' shall have such meaning as the
Secretary, by regulation, shall prescribe.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, American Samoa, the Federated
States of Micronesia, Guam, the Republic of the Marshall
Islands, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Palau, and the Virgin Islands.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for fiscal
years 1994, 1995, and 1996 not more than $300,000,000 to carry out this
Act.
(b) Availability.--Amounts appropriated pursuant to the
authorization provided by subsection (a) shall remain available until
expended.
SEC. 4. APPLICATION.
(a) Grants.--The Secretary is authorized to make grants to the
States to enable the States to provide technical and financial
assistance to small and medium-sized manufacturers in accordance with
this Act.
(b) In General.--To receive a grant under this Act, a State shall
submit to the Secretary an application at such time and in such form
and containing such information as the Secretary may require,
including, but not limited to--
(1) the certifications required under subsection (c);
(2) identification of the impact of industrial job loss on
the State, regions within the State, and particular
communities;
(3) the need for services among manufacturing firms;
(4) existing State and local efforts to address such needs;
(5) assurances satisfactory to the Secretary that the State
will use amounts from a grant only for the eligible activities
under section 5;
(6) identification, through a strategic plan, of how a
grant will leverage coordination of existing private and public
business services, financial assistance, job training and
educational programs in support of objectives of the grant;
(7) assurances satisfactory to the Secretary that the State
will not provide technical and financial assistance under this
Act to any small or medium-sized manufacturer who does not have
a committee, comprised of management and employees other than
management, advising on planning and new technology, and making
recommendations concerning training needs and health and safety
issues; and
(8) assurances satisfactory to the Secretary that
assistance provided in accordance with this Act are coordinated
with other Federal and State efforts to meet the needs of small
and medium-sized manufacturers and their employees.
(c) Certifications.--The State shall certify to the satisfaction of
the Secretary that--
(1) the State will provide funds from its revenues in an
amount equal to $1 for every $10 of Federal funds from such
grant for the purpose of providing technical and financial
assistance to small and medium-sized manufacturers;
(2) the State will maintain its aggregate expenditures from
all other sources for programs which provide technical and
financial assistance to small and medium-sized manufacturers at
or above the average level of such expenditures in the 2 fiscal
years preceding the date of the enactment of this Act;
(3) the State will require each small and medium-sized
manufacturer receiving financial assistance under section 5 to
provide funds in an amount equal to and not less than $1 for
every $1 of funds provided to the manufacturer in those cases
where the State provides direct financial assistance under such
section for the purpose of supplementing such funds;
(4) the State will evaluate any subgrantee in accordance
with objective measures of success for State programs
established by the Secretary, including growth in employment,
productivity, market share and sales. The State will submit
annually to the Secretary a report containing such information
as the Secretary shall determine appropriate, including
evaluations of any State subgrantee; and
SEC. 5. ELIGIBLE ACTIVITIES.
(a) In General.--A State shall use amounts from a grant under this
Act only to provide technical and financial assistance to small and
medium-sized manufacturers doing business in such State in accordance
with the allocation requirements under subsection (b).
(b) State Allocation.--The State will allocate amounts received
from a grant under this Act in accordance with the following
requirements:
(1) 50 percent of amounts received from the grant will be
reserved by the State to provide technical and financial
assistance to small and medium- sized manufacturers to make
quality and productivity improvements and expand markets
through various activities, including--
(A) developing and carrying out strategic planning
for innovation and industrial modernization;
(B) developing and carrying out advanced
manufacturing processes, practices and techniques, and
best commercial practices;
(C) transferring advanced manufacturing
technologies and best commercial practices;
(D) assessing export potential and undertaking
export marketing programs;
(E) supporting manufacturing extension services;
(F) fostering supplier networks and other forms of
collaboration among businesses to improve
competitiveness;
(G) assistance in developing new products and
technologies;
(H) market expansion assistance, including support
for export trade, and procurement assistance centers
that are recognized by the Small Business
Administration;
(I) strategic financing assistance for export, new
product development and the commercialization of new
technologies;
(J) planning development and design of projects for
new commercial uses in critical technology areas such
as high speed transportation technology, digital
communications, and optical electronics; and
(K) assessing employee training needs and arranging
for appropriate training resources; and
(2) 50 percent of amounts received from the grant will be
reserved by the State to provide technical and financial
assistance to small and medium- sized manufacturers to
undertake human resource development initiatives essential for
industrial modernization and the fulfillment of improved
competitiveness strategies, including--
(A) developing and carrying out high performance
workplace systems and employee involvement and Labor-
Management Committees to--
(i) reduce overspecialization;
(ii) foster flexible work organization;
(iii) increase teamwork among workers
across functional work units; and
(iv) expand employees' roles as partners
with management in planning and managing
change;
(B) developing and carrying out company and
industry-specific training for workers required for the
introduction of advanced manufacturing technologies and
other industrial modernization initiatives;
(C) developing and carrying out work force literacy
programs for industrial modernization; and
(D) developing and carrying out programs to
encourage employee ownership.
(c) Coordination.--The Secretary of Commerce shall coordinate as
necessary with the Secretary of Labor and States' employment services
and Service Delivery Areas (as described in section 101 of the Job
Training Partnership Act) and other pertinent State agencies to carry
out the provisions of this Act.
SEC. 6. REPORT.
Not later than January 1, 1996, the Secretary shall submit to the
Congress a report containing--
(1) a compilation of the information contained in the State
reports received by the Secretary pursuant to section 4(c)(4);
and
(2) an evaluation of the effectiveness of the grant
program.
SEC. 7. EVALUATION.
The Secretary shall establish objective measures of success for
State programs, including growth in employment, productivity, market
share and sales. The Secretary shall annually evaluate the success of
each State program receiving a grant pursuant to this Act. No State
shall be eligible for future grants that has not successfully used a
grant as determined by the Secretary. | Industrial Innovation Act of 1993 - Authorizes the Secretary of Commerce to make grants to States for technical and financial assistance to small and medium-sized manufacturers. Sets forth requirements relating to State grant applications, certifications, and allocation of grant amounts.
Requires the Secretary to: (1) report to the Congress on the grant program's effectiveness; and (2) annually evaluate the success of each State program receiving a grant.
Authorizes appropriations. | Industrial Innovation Act of 1993 |
SECTION 1. DESIGNATION OF INCOME TAX PAYMENTS TO HOMELESS VETERANS
ASSISTANCE FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO HOMELESS VETERANS
ASSISTANCE FUND
``Sec. 6098. Designation to Homeless Veterans Assistance Fund.
``SEC. 6098. DESIGNATION TO HOMELESS VETERANS ASSISTANCE FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $3
or more may designate that $3 shall be paid over to the Homeless
Veterans Assistance Fund in accordance with the provisions of section
9511. In the case of a joint return of husband and wife having an
adjusted income tax liability of $6 or more, each spouse may designate
that $3 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(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 either on the first page
of the return or on the page bearing the taxpayer's signature.''.
(b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98
of such Code (relating to establishment of trust funds) is amended by
adding at the end the following new section:
``SEC. 9511. HOMELESS VETERANS ASSISTANCE FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Homeless Veterans
Assistance Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Homeless Veterans Assistance Fund amounts equivalent to the amounts
designated under section 6098.
``(c) Expenditures.--
``(1) In general.--Amounts in the Homeless Veterans
Assistance Fund shall be available, as provided in
appropriation Acts, to supplement funds appropriated to the
Department of Veterans Affairs and the Department of Labor
Veterans Employment and Training Service for the purpose of
providing services to homeless veterans.
``(2) Allocation of distribution.--Funds made available
under paragraph (1) shall be allocated in proportion to the
funding for homeless veterans programs administered by the
Department of Veterans Affairs and the Department of Labor
Veterans Employment and Training Service.
``(3) Expenditure of funds.--The Department of Veterans
Affairs and the Department of Labor Veterans Employment and
Training Service may obligate funds to support any homeless
veteran program authorized under title 38, United States Code.
``(d) President's Annual Budget Information.--Beginning with the
President's annual budget submission for fiscal year 2011 and every
year thereafter, the Department of Veterans Affairs and Department of
Labor shall include a description of the use of funds from the Homeless
Veterans Assistance Fund from the previous fiscal year and the proposed
use of such funds for the next fiscal year.''.
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``PART IX--Designation of Income Tax Payments to Homeless Veterans
Assistance Fund''.
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. Homeless Veterans Assistance Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to establish in the Treasury the Homeless Veterans Assistance Fund and to allow individual taxpayers to designate on their tax returns $3.00 of income taxes ($6.00 in the case of joint returns) to be paid over to such Fund to provide assistance to homeless veterans.
Requires that the President's annual budget submission for FY2011 and subsequent years contain a description of the use of funds from the Homeless Veterans Assistance Fund. | A bill to amend the Internal Revenue Code of 1986 to allow taxpayers to designate a portion of their income tax payment to provide assistance to homeless veterans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Persian Gulf Security Cost Fairness
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the several key oil-producing countries that relied on
the United States for their military protection in 1990 and
1991, including during the Persian Gulf conflict, and continue
to depend on the United States for their security and
stability, should share in the responsibility for that
stability and security commensurate with their national
capabilities; and
(2) the countries of the Gulf Cooperation Council (Bahrain,
Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab
Emirates) have the economic capability to contribute more
toward their own security and stability and therefore these
countries should contribute commensurate with that capability.
SEC. 3. EFFORTS TO INCREASE BURDENSHARING BY COUNTRIES IN THE PERSIAN
GULF REGION BENEFITTING FROM UNITED STATES MILITARY
PRESENCE.
The President shall seek to have each country in the Persian Gulf
region to which the United States extends military protection (either
through security agreements, basing arrangements, or mutual
participation in multinational military organizations or operations)
take one or more of the following actions:
(1) For any country in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonnel
costs incurred by the United States government for stationing
United States military personnel in that country, with the goal
of achieving by September 30, 2004, 75 percent of such costs.
An increase in financial contributions by any country under
this paragraph may include the elimination of taxes, fees, or
other charges levied on the United States military personnel,
equipment, or facilities stationed in that country.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 2002.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate to
that of the United States by September 30, 2002.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
military activities in the Persian Gulf region.
SEC. 4. AUTHORITIES TO ENCOURAGE ACTIONS BY UNITED STATES ALLIES.
In seeking the actions described in section 3 with respect to any
country, or in response to a failure by any country to undertake one or
more of such actions, the President may take any of the following
measures to the extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent or part-time duty in the Persian
Gulf region.
(2) Impose on those countries fees or other charges similar
to those that such countries impose on United States forces
stationed in such countries.
(3) Suspend, modify, or terminate any bilateral security
agreement the United States has with that country, consistent
with the terms of such agreement.
(4) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that country.
(5) Take any other action the President determines to be
appropriate as authorized by law.
SEC. 5. REPORT ON PROGRESS IN INCREASING ALLIED BURDENSHARING.
Not later than March 1, 2002, the Secretary of Defense shall submit
to Congress a report on--
(1) steps taken by other countries to complete the actions
described in section 3;
(2) all measure taken by the President, including those
authorized in section 4, to achieve the actions described in
section 3;
(3) the difference between the amount allocated by other
countries for each of the actions described in section 3 during
the period beginning on October 1, 2001, and ending on
September 30, 2002, and during the period beginning on October
1, 2002, and ending on September 30, 2003; and
(4) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
SEC. 6. REVIEW AND REPORT ON NATIONAL SECURITY BASES FOR FORWARD
DEPLOYMENT AND BURDENSHARING RELATIONSHIPS.
(a) Review.--In order to ensure the best allocation of budgetary
resources, the President shall undertake a review of the status of
elements of the United States Armed Forces that are permanently
stationed outside the United States. The review shall include an
assessment of the following:
(1) The requirements that are to be found in agreements
between the United States and the allies of the United States
in the Persian Gulf region.
(2) The national security interests that support permanent
stationing of elements of the United States Armed Forces
outside the United States.
(3) The stationing costs associated with forward deployment
of elements of the United States Armed Forces.
(4) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such requirements or
national security interests, with such alternatives identified
and described in detail.
(5) The costs and force structure configurations associated
with such alternatives to forward deployment.
(6) The financial contributions that allies of the United
States in the Persian Gulf region make to common defense
efforts (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights).
(7) The contributions that allies of the United States in
the Persian Gulf region make to meeting the stationing costs
associated with the forward deployment of elements of the
United States Armed Forces.
(8) The annual expenditures of the United States and its
allies in the Persian Gulf region on national defense, and the
relative percentages of each country's gross domestic product
constituted by those expenditures.
(b) Report.--The President shall submit to Congress a report on the
review under subsection (a). The report shall be submitted not later
than March 1, 2002, in classified and unclassified form. | Persian Gulf Security Cost Fairness Act - Expresses the sense of Congress that the countries of the Gulf Cooperation Council that relied on the United States for their military protection in 1990 and 1991 and that continue to depend on the United States for their security and stability should share in the responsibility for that stability and security commensurate with their national capabilities.Directs the President to seek to have each country in the Persian Gulf region to which the United States extends military protection take one or more specified financial and budgetary actions to increase their burden sharing.Authorizes the President, in seeking such actions or in responding to a country's failure to undertake one or more of them, to: (1) reduce the end strength level of members of the armed forces assigned to the Persian Gulf region; (2) impose on the country fees or other charges similar to those such countries impose on U.S. forces stationed in them; (3) suspend, modify, or terminate any bilateral security agreement the United States has with that country; or (4) reduce any U.S. bilateral assistance appropriated for that country. | To increase burdensharing for the United States military presence in the Persian Gulf region. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Justice Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the National Center for Mental Health and
Juvenile Justice, the successful rehabilitation of youth in the
juvenile justice system, and their sustained reintegration into
the community rely upon the mutual support of juvenile justice
systems and families in the accomplishment of their goals.
(2) Involving families benefits the youth, the family, the
juvenile justice system, and the community.
(3) Valid information and consistent communication between
families and juvenile justice facilities reduces confusion,
frustration, and disappointment.
(4) Training of juvenile justice personnel on the
importance of involving families can help the former better
understand the family perspective and the potential
opportunities for families to be educated about the system, its
processes and protocols.
(5) Families working together with juvenile justice systems
can improve outcomes for justice-involved youth with mental
health issues.
SEC. 3. AMENDMENTS.
(a) Establishment of Demonstration Grant Program.--Title II of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611
et seq.) is amended--
(1) by redesignating part (F) as part (G), and
(2) by inserting after part (E) the following:
``PART F--ESTABLISHING INCREASED FAMILY ENGAGEMENT AND INDEPENDENT
MONITORING PROGRAMS
``SEC. 271. GRANT PROGRAM.
``(a) Purposes.--The purposes of this section are the following:
``(1) To strengthen the relationships between--
``(A) individuals who are employed by juvenile
justice or adult criminal justice agencies, including
individuals employed at juvenile detention or
corrections facilities or adult jails or prisons; and
``(B) individuals who are not employed in the
agencies or facilities, but are involved with the
juvenile justice or adult criminal justice system,
particularly youth held in juvenile detention or
corrections facilities or adult jails or prisons and
their families.
``(2) To create a process through which administrators and
staff at such facilities engage in a dialogue with individuals
the facilities incarcerate, including youth in juvenile
detention or corrections facilities or adult jails or prisons
and families of these youth, as well as other community-based
stakeholders, to collect feedback and input about the
facilities' policies, procedures, and practices.
``(3) To ensure that the feedback and input from youth in
these facilities, their families, and community-based
stakeholders are integrated into the facilities' policies,
procedures, and practices.
``(4) To allow families of youth incarcerated in a facility
and community-based stakeholders access to the facility and the
youth in order to conduct an initial assessment of the
facility, to assess which policies and practices help families
support youth's rehabilitation prior to, during, and after
their stay in a facility, and as well as to monitor the
facility's progress towards recommendations made by a panel
described in subsection (b)(1).
``(b) Grants Authorized.--
``(1) Family engagement demonstration grants.--The
Administrator may make grants in each fiscal year to local or
statewide nonprofit organizations proven to be family oriented
and based in best practices to establish panels to monitor
juvenile detention and corrections facilities in which youth
are held and provide youth in those facilities and their family
members with the ability to assist in the development of
policies, procedures, and practices in these facilities to
improve outcomes for youth and better prepare families to
support youth's rehabilitation and transition back into the
community.
``(2) Geographic distribution.--Grants shall be made with
preference given to those organizations that have a
demonstrable track record of working with families of
incarcerated youth and incorporating family input into their
decisionmaking processes. In making grants under this section,
the Administrator shall, to the extent practicable, ensure that
a grant is made to one nonprofit organization in each State.
``(c) Applications.--
``(1) Submissions.--Each local or statewide nonprofit
organization that desires a grant under this section shall
submit an application, in partnership with State or local
juvenile justice and criminal justice agencies, courts, or
juvenile detention or corrections facilities or adult jails or
prisons, to the Administrator in such manner, and accompanied
by such information, as the Administrator may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall, at a minimum, include the following:
``(A) A description of the organization's
experience working with youth involved in the juvenile
justice or adult criminal justice system and their
families.
``(B) A description of the organization's approach
to family engagement in the juvenile justice or adult
criminal justice system, including the organization's
use of parent advocates.
``(C) A list of the juvenile detention or
correctional facilities or adult jails and prisons
holding youth that the panel will monitor.
``(D) A description of the State or local partner
with which the monitoring panel will work and which has
the authority to make the changes in the facilities
listed under subparagraph (C).
``(E) Assurances that the organization will create
a monitoring panel that shall include--
``(i) two representatives from each of--
``(I) family members of youth
currently incarcerated or incarcerated
within the last 2 years in the
particular monitored facility;
``(II) youth currently incarcerated
or incarcerated within the last 2 years
in the particular monitored facility or
a youth advocate who is in regular
contact with the facility; and
``(III) nonprofit organizations
that provide assistance to youth
involved in the juvenile justice or
adult criminal justice systems or their
families; and
``(ii) one representative from each of--
``(I) a public defender's office or
court-appointed private attorney
representing youth in one of the
jurisdictions served by a facility that
the panel will monitor;
``(II) the State Attorney General's
office or a prosecutor's office in one
of the jurisdictions served by a
facility that the panel will monitor;
``(III) a representative from the
State Advisory Group (SAG) or a JJDPA
State staff representative;
``(IV) the family liaison for
mental health services or a State or
local children's mental health
provider;
``(V) the Governor's office;
``(VI) a State or local child
welfare agency; and
``(VII) the family liaison for
special education or a State or local
education agency representative.
``(F) Assurances that administrators of the State
or local juvenile justice and criminal justice
agencies, courts, juvenile detention or corrections
facilities, or adult jails or prisons with which the
nonprofit is partnering will create a facility
implementation team that will include two individuals
employed by each facility being monitored who have the
authority to make changes recommended by the panel.
``(G) Assurances that the applicant, as part of its
application, has consulted, or will within 30 days of
being notified of an award will consult, with the State
Advisory Group (SAG) or the JJDPA State staff to
discuss how the activities of the monitoring panel can
support and strengthen the State's JJDPA compliance
monitoring activities.
``(d) Uses of Funds.--Grants received under this section shall be
used to ensure meaningful input from youth in juvenile detention and
corrections facilities and adult jails and prisons, their families, and
community-based stakeholders by providing funds--
``(1) to allow the monitoring panel to conduct an initial
assessment and continued monitoring of the facility to
determine how the facility collects, analyzes, and integrates
the input from youth in the facility, their families, and other
community-based stakeholders into the facility's policies,
practices, and procedures, including by--
``(A) conducting confidential interviews with youth
and staff in the facility for the purpose of evaluating
the facility for the purposes above; and
``(B) making unannounced visits to the facility to
observe and assess conditions of confinement;
``(2) to allow the monitoring panel to make recommendations
to the facility implementation team on how to integrate input
from youth, their families, and community-based stakeholders
into the facility's policies, procedures, and practices,
including--
``(A) creating more access to the facility for
outside groups, including--
``(i) allowing additional community-based
organizations that work with youth or
individuals to conduct visits to the facility;
``(ii) providing office space in the
facility for entities that act in the interest
of youth in the facility, including community-
based advocacy groups, guardians ad litem, and
public defender offices; or
``(iii) assigning a court-appointed
attorney to be available in the facilities on a
regular basis for youth to speak with about
their grievances with the facility;
``(B) creating a support group for families of
youth in the facility;
``(C) improving communications between facility
administrators and staff and families, and encouraging
dialogue between these individuals and staff in the
facility (such as officers, medical professionals, and
educators) by--
``(i) providing regular updates on
individual youth's status and progress while in
the facility;
``(ii) integrating family input into the
process of making decisions regarding youth,
such as medical, mental health, or educational
decisions;
``(iii) creating a youth and family liaison
position or point of contact for youth and
their families to help advocate for the youth
and their families;
``(iv) providing an orientation for youth
and families to the facility, the programs, and
the formal grievance system of the facility
that includes information on how youth and
families can express problems, questions, or
comments; and
``(v) ensuring that youth and their
families receive information on the research on
the consequences of juvenile justice system
involvement, including the long-term effects of
this involvement and how it can affect a child
later in life;
``(D) improving visitation and contact policies
with youth in the facilities, including--
``(i) reducing restrictions on who can
visit, including allowing visitation from
individuals outside the youth's immediate
family that provide positive support to the
youth, such as siblings, godparents, a parent's
unmarried partner, aunts, uncles, cousins,
nieces, nephews, mentors, teachers, coaches,
and pastors;
``(ii) modifying or extending visitation
time to include additional hours or days of the
week to facilitate visitation with youth; and
``(iii) reducing transportation barriers
for individuals to visit the facility,
particularly if the facility is not located
near public transit or near the communities
from which the youth in the facility are
referred; and
``(E) ensuring that quality and effective after
care plans are established that reduce recidivism and
help youth successfully reintegrate into their
communities; and
``(3) to provide funds to the facility to implement the
recommendations of the monitoring panel, only to be available
to the facility after--
``(A) the monitoring panel has presented a publicly
available written report with its recommendations to
the facility;
``(B) the monitoring panel and the facility
implementation team meet to discuss the recommendations
and the facility implementation team have a meaningful
opportunity to provide input into the recommendations;
and
``(C) the monitoring panel and the facility
implementation team agree by a vote on which
recommendations to fund, in order for any funds to be
spent by the facility to implement a recommendation,
the use of those funds must be supported by the votes
of two-thirds of individuals on the monitoring panel
and the facility implementation team, and by the vote
of at least one individual as follows:
``(i) A representative from the facility
implementation team.
``(ii) A representative from the monitoring
panel.
``(iii) A representative from the
monitoring panel who is a youth or family
member.
``(e) Funds for Evaluation.--The Administrator shall reserve 10
percent of the amount made available to carry out this section for the
purpose of evaluating such demonstrations conducted under this section
and issuing a report describing the approaches and aspects of the
demonstrations that the Administrator determines to be most effective
and appropriate for fulfilling the purposes of juvenile justice
detention and corrections facilities and adult jails and prisons,
integrating input from youth in the facilities and their families in
the facility's polices, procedures, and practices, taking into account
the demographics of the various localities to be served.''.
(b) Authorization of Appropriations.--Section 299 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is
amended--
(1) in subsection (a)--
(A) in the heading by striking ``Parts C
and E'' and inserting ``Parts C, E, and F'',
and
(B) in paragraph (2) by striking ``parts C
and E'' and inserting ``parts C, E, and F'',
(2) by redesignating subsection (d) as subsection (e), and
(3) by inserting after subsection (c) the following:
``(d) Authorization of Appropriations for Part F.--There are
authorized to be appropriated to carry out part F such sums as may be
necessary for fiscal years 2011, 2012, 2013, 2014, 2015, and 2016.''. | Family Justice Act of 2010 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to family-oriented nonprofit organizations to establish panels to monitor juvenile detention and correction facilities to provide detained youth and their family members an opportunity to participate in the development of policies, procedures, and practices that will improve outcomes for youth and promote rehabilitation and transition back into the community. Sets forth requirements for grant applications and for uses of grant funds. | To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a demonstration grant program for nonprofit organizations to partner with juvenile justice agencies to monitor juvenile facilities and provide youth in the facilities and their families with increased positive engagement in the system. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Air for Federal Workers
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 2006, the Surgeon General concluded in a report
entitled ``The Health Consequences of Involuntary Exposure to
Tobacco Smoke'' that there is no safe level of exposure to
secondhand smoke;
(2) secondhand smoke causes disease and premature death in
children and adults who do not smoke;
(3) exposure to secondhand smoke by adults has immediate
adverse effects on the cardiovascular system and causes
coronary heart disease and lung cancer;
(4) according to the Surgeon General, the only way to
prevent exposure from secondhand smoke is to eliminate it, and
other approaches, such as air ventilation systems and smoking
and nonsmoking sections, do not eliminate exposure to
secondhand smoke; and
(5) according to the American Lung Association, 23 States
have passed comprehensive smoke-free laws that protect workers.
SEC. 3. SMOKING PROHIBITION OUTSIDE FEDERAL BUILDINGS.
(a) Smoking Prohibition.--The smoking of tobacco products is
prohibited in any area outside of a Federal building which is within 25
feet of any of the building's entrances, exits, windows that open, or
ventilation intakes that serve an enclosed area of the building where
smoking is prohibited.
(b) Exception.--Subsection (a) does not apply to the smoking of
tobacco products which occurs solely for purposes of research on
smoking which is conducted by an agency.
SEC. 4. ENFORCEMENT.
(a) Executive Branch Buildings.--The Administrator of General
Services, in conjunction with the heads of agencies, is responsible for
implementing and enforcing compliance with this Act with respect to
Federal buildings used by agencies.
(b) Legislative Branch Buildings.--
(1) House buildings.--The House Office Building Commission
shall take such actions as may be necessary to institute and
enforce the prohibition in section 3 in Federal buildings used
by offices of the House of Representatives.
(2) Senate buildings.--The Committee on Rules and
Administration of the Senate shall take such actions as may be
necessary to institute and enforce the prohibition in section 3
in Federal buildings used by offices of the Senate.
(3) Other buildings.--The Architect of the Capitol shall
take such actions as may be necessary to institute and enforce
the prohibition in section 3 in Federal buildings used by
offices of the legislative branch other than offices of the
House of Representatives or Senate.
(c) Judicial Branch Buildings.--The Director of the Administrative
Office of the United States Courts shall take such actions as are
necessary to institute and enforce the prohibition in section 3 in
Federal buildings used by the Federal courts, or by any office of the
judicial branch, with respect to which the Director has
responsibilities under title 28, United States Code.
(d) Date of Implementation.--Implementation of this Act shall begin
within 3 months after the date of the enactment of this Act.
(e) Additional Activities.--The Administrator of General Services,
in conjunction with agency heads, shall, with respect to the Federal
buildings described in subsection (a), and the Director of the
Administrative Office of the United States Courts shall, with respect
to Federal buildings described in subsection (c), inform all employees
and visitors to Federal buildings about the smoke-free policy, educate
employees about the dangers of exposure to secondhand smoke, and
undertake related activities as determined necessary by the
Administrator or Director, as the case may be.
SEC. 5. NO LIMITATION OR PREEMPTION OF MORE PROTECTIVE POLICIES.
(a) No Limitation.--Nothing in this Act shall be construed as
limiting the head of an agency, the House Office Building Commission,
the Committee on Rules and Administration of the Senate, the Architect
of the Capitol, or the Director of the Administrative Office of the
United States Courts from establishing more protective policies on
smoking in the workplace.
(b) No Preemption.--Nothing in this Act shall preempt or otherwise
affect any other Federal, State, or local law that provides greater
protection from the health hazards of secondhand smoke.
SEC. 6. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Administrator of General Services and the Director of the
Administrative Office of the United States Courts shall each submit to
Congress a report on the status of the implementation of this Act with
respect to the executive and judicial branches of the Government,
respectively.
SEC. 7. DEFINITIONS.
In this Act:
(1) Federal building.--The term ``Federal building'' means
any building--
(A) which is owned by the Federal Government for
the use of any office of the executive branch or
legislative branch, or by any Federal court or any
office of the judicial branch; or
(B) which is leased by the Federal Government for
the use of any office of the executive branch or
legislative branch, or by any Federal court or any
office of the judicial branch, and which is under the
jurisdiction and control of that office or court.
(2) Agency.--The term ``agency'' means an Executive agency,
as defined in section 105 of title 5, United States Code, and
includes any employing unit or authority of the Federal
Government, including independent agencies, other than those of
the legislative and judicial branches, but includes the United
States Tax Court and the United States Court of Appeals for
Veterans Claims.
(3) Smoking.--The term ``smoking'' includes the smoking of
cigarettes, cigars, pipes, and any other combustion of tobacco. | Healthy Air for Federal Workers Act - Prohibits the smoking of tobacco products in any area outside of any federal executive, legislative, or judicial building which is within 25 feet of any of the building's entrances, exits, windows that open, or ventilation intakes that serve an enclosed area of the building where smoking is prohibited.
Excludes the smoking of tobacco products which occurs solely for purposes of research on smoking conducted by an agency.
Requires the Administrator of General Services, in conjunction with agency heads, regarding executive branch buildings, and the Director of the Administrative Office of the United States Courts, regarding judicial branch buildings, to inform all employees and visitors to such buildings about the smoke-free policy, educate employees about the dangers of exposure to secondhand smoke, and undertake necessary related activities. | To prohibit smoking near executive, legislative, and judicial branch entryways. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Library Donation Reform
Act of 2015''.
SEC. 2. PRESIDENTIAL LIBRARIES.
(a) In General.--Section 2112 of title 44, United States Code, is
amended by adding at the end the following:
``(h) Presidential Library Fundraising Organization Reporting
Requirement.--
``(1) Definitions.--In this subsection:
``(A) Contribution.--The term `contribution' means
a contribution or contributions made by an individual
or entity to a Presidential library fundraising
organization totaling not less than $200 (whether
monetary or in-kind) in a single calendar quarter.
``(B) Presidential library fundraising
organization.--The term `Presidential library
fundraising organization' means an organization
established to raise funds to create, maintain, expand,
or conduct activities at--
``(i) a Presidential archival depository;
or
``(ii) any facility relating to a
Presidential archival depository.
``(2) Reporting requirement.--
``(A) In general.--During the period beginning on
the date of enactment of this subsection, and ending on
the date described in subparagraph (B), and not later
than 15 days after the end of each calendar quarter,
each Presidential library fundraising organization
shall submit to the Archivist, in a searchable and
sortable electronic format, information on each
contribution made during that quarter, which shall
include--
``(i) the amount or value of the
contribution;
``(ii) the source of the contribution,
including the address of the individual or
entity that is the source of the contribution;
``(iii) if the source of the contribution
is an individual, the occupation of the
individual; and
``(iv) the date of the contribution.
``(B) Duration of reporting requirement.--The date
described in this subparagraph is the later of--
``(i) the date on which the Archivist
accepts, takes title to, or enters into an
agreement to use any land or facility for the
Presidential archival depository for the
President for whom the Presidential library
fundraising organization was established; and
``(ii) the date on which the President
whose archives are contained in the
Presidential archival depository for whom the
Presidential library fundraising organization
was established no longer holds the Office of
President.
``(C) Information required to be published.--Not
later than 30 days after each submission under
subparagraph (A), the Archivist shall publish the
information submitted on the website of the National
Archives and Records Administration, without a fee or
other access charge, in a searchable, sortable, and
downloadable format.
``(3) Prohibition on the submission of false material
information.--
``(A) Individual.--
``(i) Prohibition.--It shall be unlawful
for any person who makes a contribution to
knowingly and willfully submit materially false
information or omit material information with
respect to the contribution.
``(ii) Penalty.--Any person who commits an
offense described in clause (i) shall be
punished as provided under section 1001 of
title 18.
``(B) Organization.--
``(i) Prohibition.--It shall be unlawful
for any Presidential library fundraising
organization to knowingly and willfully submit
materially false information or omit material
information required to be submitted under
paragraph (2)(A).
``(ii) Penalty.--Any Presidential library
fundraising organization that commits an
offense described in clause (i) shall be
punished as provided under section 1001 of
title 18.
``(4) Prohibition on certain contributions.--
``(A) In general.--It shall be unlawful for any
person to knowingly and willfully--
``(i) make a contribution in the name of
another person;
``(ii) allow the name of the person to be
used by another person to effect a
contribution; or
``(iii) accept a contribution that is made
by 1 person in the name of another person.
``(B) Penalty.--Any person who commits an offense
described in subparagraph (A) shall be punished as
provided under section 309(d) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(d)) in the same
manner as if the offense were a violation of section
316(b)(3) of such Act (52 U.S.C. 30118(b)(3)).
``(5) Regulations.--The Archivist shall promulgate
regulations for the purpose of carrying out this subsection.''.
(b) Applicability of Amendments.--
(1) Definitions.--In this subsection, the terms
``contribution'' and ``Presidential library fundraising
organization'' have the meanings given those terms in section
2112(h) of title 44, United States Code (as added by subsection
(a)).
(2) Applicability.--Section 2112(h) of title 44, United
States Code (as added by subsection (a)) shall apply--
(A) to a Presidential library fundraising
organization established before, on, or after the date
of enactment of this Act; and
(B) with respect to a contribution made after the
date of enactment of this Act. | . Presidential Library Donation Reform Act of 2015 (Sec. 2) Requires each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration on all contributions of $200 or more whether monetary or in-kind for the quarterly period. Requires the Archivist of the United States to publish such information on the website of the National Archives within 30 days after each submission. Makes it unlawful for contributors or fundraising organizations to knowingly and willfully submit materially false information or omit material information. Prescribes criminal penalties for violation of such prohibitions. | Presidential Library Donation Reform Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science Laureates of the United
States Act of 2017''.
SEC. 2. FINDINGS AND RECOGNITION.
(a) Findings.--Congress finds the following:
(1) Scientific research and advancement has driven success
in the United States and global success for centuries.
(2) Scientific research has saved, improved, and extended
lives, increased the standard of living, expanded economic
opportunity, and advanced human understanding.
(3) Such research holds the promise of continuing this
progress, protecting the environment, creating jobs, growing
the economy through innovative ideas and discoveries, and
generally advancing all mankind.
(4) People in the United States can benefit when scientific
research is conducted and communicated in a transparent manner
to better inform citizens about the nature and status of such
research.
(5) Scientific education is a critical element of preparing
our Nation and our citizens for a technology-intensive future
and ensuring that the United States remains the world leader in
innovation and high-tech success.
(6) A spokesperson who can embody, demonstrate, and
articulate the importance and excitement of scientific research
and education will help improve the current and future state of
science to the benefit of all people in the United States.
(b) Congressional Recognition.--Congress recognizes that science
contributes to the economic prosperity and general welfare of the
United States, and that increasing the public's awareness about the
sciences will increase such benefits. Congress also recognizes that
scientists who are both accomplished in their fields and who foster the
public's interest in science do a special service to the United States.
SEC. 3. ESTABLISHMENT OF SCIENCE LAUREATES OF THE UNITED STATES.
(a) Position Established.--The National Science Foundation shall
establish the position of Science Laureate of the United States to
honor the service of scientists.
(b) Appointment by National Science Foundation.--The Science
Laureate of the United States shall be appointed by the National
Science Foundation from among individuals nominated under subsection
(c).
(c) Nominations by National Academy of Sciences.--
(1) Agreement.--The National Science Foundation shall seek
to enter into an agreement with the National Academy of
Sciences to perform the services covered by this subsection.
(2) Nomination.--
(A) In general.--Under an agreement between the
National Science Foundation and the National Academy of
Sciences under this subsection, the National Academy of
Sciences shall, not less frequently than once each year
and except as provided in subparagraph (D), nominate
three individuals to serve as the Science Laureate.
(B) Basis.--Nomination under subparagraph (A) shall
be on the basis of merit, particularly the ability of
an individual to--
(i) foster and enhance public awareness and
interest in science; and
(ii) provide ongoing significant scientific
contributions.
(C) Variety of scientific disciplines.--In
nominating individuals under subparagraph (A), the
National Academy of Sciences shall strive to nominate
individuals, in different years, from different
scientific disciplines, including biology, physics,
geosciences, astronomy, mathematics, chemistry, and
other science disciplines.
(D) Exception.--The National Academy of Sciences
shall not make any nominations under this paragraph for
a year if the National Science Foundation notifies the
National Academy of Sciences that such nominations are
unnecessary because the National Science Foundation
intends to extend the term of the current Science
Laureate pursuant to subsection (f).
(d) Duties.--
(1) In general.--Each Science Laureate shall engage the
public, from time to time, to increase the public's awareness
about science.
(2) Continuation of scientific work.--A Science Laureate is
encouraged to continue the Science Laureate's scientific work.
(3) Facilitation of duties.--The National Science
Foundation shall facilitate the duties of a Science Laureate
and the Science Laureate may accept assistance from the
National Academy of Sciences in carrying out such duties.
(e) Limitation.--The Science Laureate position shall not have the
effect of duplicating or superseding the role of the President's
Science Advisor.
(f) Term.--Each Science Laureate shall serve a 1-year term and may
be reappointed by the National Science Foundation for additional terms
as the National Science Foundation considers appropriate.
(g) Compensation; Reimbursement.--
(1) Compensation.--Notwithstanding any other provision of
law, a Science Laureate shall serve without pay and shall not
be considered to be a Federal employee based on such
individual's appointment as a Science Laureate.
(2) Reimbursement for travel.--The National Science
Foundation may provide a Science Laureate with reimbursement
for travel expenses incurred while performing duties as a
Science Laureate, including per diem in lieu of subsistence, in
accordance with applicable provisions in the same manner as
persons employed intermittently in the Government service are
allowed expenses under section 5703 of title 5, United States
Code. | Science Laureates of the United States Act of 2017 This bill directs the National Science Foundation (NSF) to establish the position of Science Laureate of the United States to honor the service of scientists. The NSF shall appoint a Science Laureate from three individuals to be nominated each year by the National Academy of Sciences on the basis of merit, particularly the ability to foster public awareness and interest in science and to provide ongoing significant scientific contributions. Each Science Laureate shall engage the public to increase public awareness about science and is encouraged to continue his or her scientific work. | Science Laureates of the United States Act of 2017 |
SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF TRANSACTIONS
BETWEEN LARGE FINANCIAL COMPANIES AND THE FEDERAL
GOVERNMENT.
(a) Definitions.--For purposes of this Act--
(1) the term ``covered institution'' means any bank holding
company having more than $500,000,000,000 in consolidated
assets; and
(2) the term ``economic benefit'' means the difference
between actual loans terms offered, debt or equity prices, or
asset values and a reasonable estimate of what such terms,
prices, or values might have been, as determined by examining
actual values of comparable transaction in the private markets
or by estimating the values of comparable transactions priced
to properly reflect associated risk.
(b) GAO Study.--The Comptroller General of the United States (in
this section referred to as the ``Comptroller'') shall conduct a study
of covered institutions, such as--
(1) the favorable pricing of the debt of such institutions,
relative to their risk profile resulting from the perception
that such institutions will receive Government support in the
event of any financial stress;
(2) any favorable funding or economic treatment resulting
from an increase in the credit rating for covered institutions,
as a result of express, implied, or perceived Government
support;
(3) any economic benefit to covered institutions resulting
from the ownership of, or affiliation with, an insured
depository institution;
(4) any economic benefit resulting from the status of
covered institutions as a bank holding company, including
access to Federal deposit insurance and the discount window of
the Board of Governors of the Federal Reserve System before the
date of enactment of this Act;
(5) any economic benefit received through extraordinary
Government actions taken, such as--
(A) actions by the Department of the Treasury--
(i) under the Emergency Economic
Stabilization Act, such as--
(I) asset purchases by the United
States Government;
(II) capital injections from the
United States Government; or
(III) housing programs; or
(ii) by the purchase of the mortgage backed
securities of the Federal National Mortgage
Association and the Federal Home Loan Mortgage
Corporation (in this Act referred to as
``government-sponsored enterprises''), in order
to lower interest rates, and the value of such
securities in the absence of such purchases;
(B) actions by the Board of Governors of the
Federal Reserve System prior to the date of enactment
of this Act, such as--
(i) providing loans to financial
institutions through the Term Auction Facility;
and
(ii) assistance through programs under
section 13(3) of the Federal Reserve Act prior
to the date of enactment of this Act, such as--
(I) lending through the Commercial
Paper Funding Facility;
(II) securities lending to primary
dealers through the Primary Dealer
Credit Facility and the Term Securities
Lending Facility;
(III) lending to institutions
through the Term Asset-Backed
Securities Loan Facility; or
(IV) purchasing assets through the
Maiden Lane facility; and
(C) actions by the Federal Deposit Insurance
Corporation, such as--
(i) guaranteeing debt or deposits through
the Temporary Liquidity Guarantee Program; or
(ii) pricing of assessments related to any
such guarantees; and
(6) any extraordinary assistance provided to American
Insurance Group, but ultimately received by one of the covered
institutions; and
(7) any Government actions that resulted in the payment or
nonpayment of credit default swap contracts entered into by a
covered institution.
SEC. 2. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller shall submit a report to Congress detailing the findings of
the Comptroller in the study conducted under this Act. Such report
shall be made electronically available to the public, except that any
proprietary, sensitive, or confidential information shall be redacted
in any release to the public.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to provide authority
inconsistent with, or to otherwise affect, section 714 of title 31
United States Code.
Passed the Senate December 21, 2012.
Attest:
NANCY ERICKSON,
Secretary. | (Sec. 1) Directs the Comptroller General to study any bank holding company having more than $500 billion in consolidated assets (covered institution) with respect to:
favorable pricing of its debt relative to its risk profile resulting from the perception it will receive federal support in the event of any financial stress; any favorable funding or economic treatment resulting from an increase in its credit rating as a result of express, implied, or perceived federal support; any economic benefit resulting from the ownership of, or affiliation with, an insured depository institution; any economic benefit resulting from its status as a bank holding company, including access to federal deposit insurance and the discount window of the Board of Governors of the Federal Reserve System (Federal Reserve Board) before enactment of this Act; any economic benefit received through extraordinary federal actions taken, such as specified actions by the Department of the Treasury, the Federal Reserve Board, and the Federal Deposit Insurance Corporation (FDIC); any extraordinary assistance provided to American Insurance Group (AIG), but ultimately received by one of the covered institutions; and any government actions that resulted in the payment or nonpayment of credit default swap contracts entered into by a covered institution. Defines "economic benefit" as the difference between actual loan terms offered, debt or equity prices, or asset values and a reasonable estimate of what such terms, prices, or values might have been as determined by examining actual values of comparable transactions in the private markets or by estimating the values of comparable transactions priced to properly reflect associated risk.
(Sec. 2) Requires the resulting report to Congress to redact any proprietary, sensitive, or confidential information in any release subsequently made electronically available to the public. | A bill to require a Government Accountability Office examination of transactions between large financial institutions and the Federal Government, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End For-Profit Prisons Act of
2016''.
SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL CORRECTIONAL FACILITIES
AND COMMUNITY CONFINEMENT FACILITIES.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4015. No contracting out of Federal prison facilities or
community confinement facilities
``(a) Federal Correctional Facilities Generally.--Beginning on the
date that is 6 years after the date of the enactment of the End For-
Profit Prisons Act of 2016--
``(1) all core correctional services at each correctional
facility which is used by the Bureau of Prisons for the
confinement of persons serving sentences of imprisonment for
Federal offenses shall be performed by employees of the Federal
Government; and
``(2) all core correctional services at each correctional
facility which is used by the United States Marshals Service
for the confinement of persons in the custody of the United
States Marshals Service shall be performed by employees of the
Federal Government, except that the United States Marshals
Service may enter and maintain a contract with a correctional
facility operated by a State or unit of local government if--
``(A) the core correctional services at such
correctional facility are performed by employees of
such State or unit of local government; and
``(B) the facility meets all constitutional,
Federal statutory, United States Marshals Service, and
any applicable State or local standards.
``(b) Federal Community Confinement Facilities.--Beginning on the
date that is 8 years after the date of the enactment of the Justice Not
Profit Act of 2016, the Bureau of Prisons shall not enter into or
maintain any contract with any for-profit party to provide or manage
any community confinement facility.
``(c) Definitions.--In this section:
``(1) The term `community confinement facility' has the
meaning given that term in section 115.5 of title 28, Code of
Federal Regulations.
``(2) The term `core correctional services' means the
housing, safeguarding, protecting, and disciplining of
individuals charged with or convicted of an offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of title 18, United States Code, is amended by adding at
the end the following new item:
``4015. No contracting out of Federal prison facilities or community
confinement facilities.''.
SEC. 3. TRANSITIONAL PROVISIONS.
(a) Federal Correctional Facilities.--The Attorney General shall
take appropriate action to phase out existing Bureau of Prison and
United States Marshals Service contracts which, at the conclusion of
the transition period, will be prohibited under section 4015 of title
18, United States Code.
(b) Federal Community Confinement Facilities.--The Attorney General
shall take appropriate action to phase out existing Bureau of Prison
contracts which, at the conclusion of the transition period, will be
prohibited under section 4015 of title 18, United States Code.
SEC. 4. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and every 2 years thereafter, the Attorney General shall submit to
Congress a report which describes and evaluates the prison population
in the custody of the Bureau of Prisons. The report shall include
information regarding the race, gender, age, and nationality of such
persons, as well as the location of the custody of such persons.
SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT REDUCE RECIDIVISM.
(a) In General.--The Attorney General shall conduct research to
evaluate the effectiveness at reducing recidivism of programs operated
by, and policies of community confinement facilities (as such term is
defined in section 4015 of title 18, United States Code), and shall
develop guidelines based on such research for the use of such programs
and policies at community confinement facilities.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, and every 4 years thereafter, the Attorney General shall
submit to Congress a report which describes the results of the research
conducted under subsection (a), the guidelines developed pursuant to
such research, and how such guidelines are being incorporated into any
contract for the provision or management of a community confinement
facility to which the Bureau of Prisons is a party.
SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILITIES USED FOR THE
CONFINEMENT OF PERSONS IN THE CUSTODY OF THE UNITED
STATES MARSHALS SERVICE.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the United States Marshals Service shall
conduct a thorough inspection of each correctional facility which is
used by the United States Marshals Service for the confinement of
persons in the custody of the United States Marshals Service to ensure
that each such facility meets all constitutional, Federal statutory,
United States Marshals Service, and any other applicable standards,
including any State or local standards.
SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO THE RELEASE OF
FEDERAL PRISONERS.
Section 3624 of title 18, United States Code, is amended by adding
at the end the following:
``(g) Provision of Information and Counseling.--The Attorney
General shall make rules to assure that each prisoner released from
Federal custody upon the expiration of that prisoner's term of
imprisonment for an offense, including a prisoner who resides in a
community confinement facility (as such term is defined in section
4015), receives information and appropriate counseling about each of
the following:
``(1) Any right the prisoner may have to have the
prisoner's criminal record expunged.
``(2) The availability of programs to remove employment
barriers.
``(3) Relevant vocational and educational rehabilitation
programs that are available to the prisoner.
``(4) A detailed record of participation in educational,
employment and treatment programs completed while incarcerated.
``(5) Assistance with applications for the following:
``(A) Programs providing nutritional assistance.
``(B) Medicaid.
``(C) Social Security.
``(D) Driver's license.
``(E) Registering to vote.''.
SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RELEASED PRISONERS.
Section 4042 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Requirements With Respect to Released Prisoners.--In carrying
out the duties set forth in subsections (a)(D) and (a)(E), the Bureau
of Prisons shall ensure that each prisoner receives information and
counseling during prerelease procedures regarding each area described
in subsections (a)(D) and (a)(E). In addition, the Bureau shall provide
each released prisoner, including a prisoner who resides in a community
confinement facility (as such term is defined in section 4015), with
information regarding fines, assessments, surcharges, restitution,
other penalties due from the prisoner in connection with the
conviction, which it shall be the duty of the appropriate judicial
officers to provide to the Bureau.''. | End For-Profit Prisons Act of 2016 This bill requires the Department of Justice (DOJ) to phase out existing contracts with private prison companies and private community confinement facilities. It amends the federal criminal code to require federal employees to perform the core correctional services—housing, safeguarding, protecting, and disciplining of offenders—at correctional facilities used by the Bureau of Prisons (BOP) or the U.S. Marshals Service. The bill also prohibits the BOP from entering into or maintaining contracts with private companies to manage community confinement facilities (e.g., halfway houses). DOJ must evaluate the effectiveness of and develop guidelines for recidivism reduction programs at community confinement facilities. The Marshals Service must annually inspect each correctional facility it uses for confinement. The BOP must provide to prisoners, as part of prerelease procedures, information and counseling about: criminal record expungement; educational, employment, and treatment programs; and applications for public assistance programs. The BOP must also provide prisoners with post-release information about fines, assessments, surcharges, restitution, and other penalties. | End For-Profit Prisons Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Errors Reduction Act of
2001''.
SEC. 2. INFORMATICS SYSTEMS GRANT PROGRAM FOR HOSPITALS AND SKILLED
NURSING FACILITIES.
(a) Grants.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
establish a program to make grants to eligible entities that
have submitted applications in accordance with subsection (b)
for the purpose of assisting such entities in offsetting the
costs related to purchasing, leasing, developing, and
implementing standardized clinical health care informatics
systems designed to improve patient safety and reduce adverse
events and health care complications resulting from medication
errors.
(2) Duration.--The authority of the Secretary to make
grants under this section shall terminate on September 30,
2011.
(3) Costs defined.--For purposes of this section, the term
``costs'' shall include total expenditures incurred for--
(A) purchasing, leasing, and installing computer
software and hardware, including handheld computer
technologies;
(B) making improvements to existing computer
software and hardware;
(C) purchasing or leasing communications
capabilities necessary for clinical data access,
storage, and exchange; and
(D) providing education and training to eligible
entity staff on computer patient safety information
systems.
(4) Eligible entity defined.--For purposes of this section,
the term ``eligible entity'' means the following entities:
(A) Hospital.--A hospital (as defined in section
1861(e) of the Social Security Act (42 U.S.C.
1395x(e))).
(B) Skilled nursing facility.--A skilled nursing
facility (as defined in section 1819(a) of such Act (42
U.S.C. 1395i-3(e))).
(b) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such form and manner, and containing such information as the Secretary
specifies.
(c) Special Consideration for Eligible Entities that Serve a Large
Number of Medicare and Medicaid Eligible Individuals.--In awarding
grants under this section, the Secretary shall give special
consideration to eligible entities in which individuals that are
eligible for benefits under the medicare program under title XVIII of
the Social Security Act or the medicaid program under title XIX of such
Act make up a high percentage of the total patient population of the
entity.
(d) Limitation on Amount of Grant.--
(1) In general.--A grant awarded under this section may not
exceed the lesser of--
(A) an amount equal to the applicable percentage of
the costs incurred by the eligible entity for the
project for which the entity is seeking funding under
this section; or
(B) in the case of a grant made to a--
(i) hospital, $750,000; or
(ii) skilled nursing facility, $200,000.
(2) Applicable percentage.--For purposes of paragraph
(1)(A), the term ``applicable percentage'' means, with respect
to an eligible entity, the percentage of total net revenues for
such period as determined appropriate by the Secretary for the
entity that consists of net revenues from the medicare program
under title XVIII of the Social Security Act.
(e) Eligible Entity Required To Furnish Secretary With
Information.--An eligible entity receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require to--
(1) evaluate the project for which the grant is made; and
(2) ensure that funding provided under the grant is
expended for the purposes for which it is made.
(f) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate on the grant program
established under this section.
(B) Contents.--A report submitted pursuant to
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the projects for which
funding is provided under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than 180 days after the
completion of all of the projects for which a grant is made
under this section, the Secretary shall submit a final report
to the committees referred to in paragraph (1)(A) on the grant
program established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(g) Authorization of Appropriations.--
(1) Authorization.--
(A) Hospitals.--There are authorized to be
appropriated from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) $93,000,000, for each of the fiscal years
2002 through 2011, for the purpose of making grants
under this section to eligible entities that are
hospitals.
(B) Skilled nursing facilities.--There are
authorized to be appropriated from the Federal Hospital
Insurance Trust Fund under section 1817 of the Social
Security Act (42 U.S.C. 1395i) $4,500,000, for each of
the fiscal years 2002 through 2011, for the purpose of
making grants under this section to eligible entities
that are skilled nursing facilities.
(2) Availability.--Any amounts appropriated pursuant to the
authority contained in subparagraph (A) or (B) of paragraph (1)
shall remain available, without fiscal year limitation, through
September 30, 2011. | Medication Errors Reduction Act of 2001 - Directs the Secretary of Health and Human Services to establish a program to make grants to eligible entities for the purpose of assisting such entities in offsetting the costs related to purchasing, leasing, developing, and implementing standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors. Terminates the Secretary's authority to make such grants on September 30, 2011. Authorizes appropriations. | A bill to establish an informatics grant program for hospitals and skilled nursing facilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRA Self-Loan Act''.
SEC. 2. LOANS FROM INDIVIDUAL RETIREMENT PLANS FOR CERTAIN FIRST-TIME
HOMEBUYER, EDUCATION, AND MEDICAL EMERGENCY EXPENSES.
(a) In General.--Section 408(e) of the Internal Revenue Code of
1986 (relating to tax treatment of accounts and annuities) is amended
by adding at the end thereof the following new paragraph:
``(7) Loans used for certain first-time homebuyer,
education, and medical emergency expenses.--
``(A) In general.--Paragraphs (3) and (4) shall not
apply to any qualified loan which is made, or secured,
by an individual retirement plan.
``(B) Qualified loan.--For purposes of this
paragraph, the term `qualified loan' means a loan
which--
``(i) is used within a reasonable period of
time for--
``(I) qualified first-time
homebuyer expenses,
``(II) qualified education
expenses, or
``(III) qualified medical emergency
expenses.
``(ii) is made by the trustee of an
individual retirement plan at the direction of
the individual on whose behalf such plan is
established,
``(iii) in the case of a loan for qualified
first-time homebuyer expenses, is secured by
the dwelling unit,
``(iv) by its terms requires repayment in
full within 5 years after the date such loan is
made (15 years in the case of a loan for
qualified first-time homebuyer expenses),
``(v) by its terms treats any amount
remaining unpaid in the taxable year beginning
after the period described in clause (iv) as
distributed in such taxable year to the
individual on whose behalf such plan is
established and subject to section 72(t)(1),
and
``(vi) bears interest from the date of the
loan at a rate not less than the rate for
comparable United States Treasury obligations
on such date.
``(C) Qualified expenses.--For purposes of this
paragraph--
``(i) Qualified first-time home buyer
expenses.--
``(I) In general.--The term
`qualified first-time homebuyer
expenses' means qualified acquisition
costs with respect to a principal
residence for a first-time homebuyer.
``(II) Qualified acquisition
costs.--The term `qualified acquisition
costs' means the cost of acquiring,
constructing, or reconstructing the
residence. Such terms includes any
usual or reasonable settlement,
financing, or other closing costs.
``(III) First-time homebuyer.--The
term `first-time homebuyer' means any
eligible person, if such person (and if
married such person's spouse) has never
had a present ownership interest in a
principal residence.
``(IV) Principal residence.--The
term `principal residence' has the same
meaning as when used in section 1034.
``(ii) Qualified education expenses.--The
term `qualified education expenses' means
tuition and fees required for enrollment or
attendance of an eligible person at an
educational organization described in section
170(b)(1)(A)(ii).
``(iii) Qualified medical emergency
expenses.--The term `qualified medical
emergency expenses' means any amount, not
compensated for by insurance or otherwise,
which is paid for medical care (as defined in
section 213(d)) of an eligible person, if such
medical care is required by reason of any
disease or accident that causes hospitalization
for more than 30 days.
``(iv) Eligible person.--The term `eligible
person' means--
``(I) an individual on whose behalf
the individual retirement plan is
established, and
``(II) a spouse, child (as defined
in section 151(c)(3)), or grandchild of
such individual (or of such
individual's spouse).
``(D) Amount limitation.--Subparagraphs (A) and (B)
shall not apply to any loan to the extent such loan
(when added to the outstanding balance of all other
loans from the individual retirement plan) exceeds the
lesser of--
``(i) $50,000, reduced by the excess (if
any) of--
``(I) the highest outstanding
balance of loans from the plan during
the 1-year period ending on the day
before the date on which such loan was
made, over
``(II) the outstanding balance of
loans from the plan on the date on
which such loan was made, or
``(ii) the greater of--
``(I) one-half of the value of the
plan, or
``(II) $10,000.''
(b) Exemption From Tax on Prohibited Transactions.--Subsection (d)
of section 4975 of such Code (relating to exemptions from tax on
prohibited transactions) is amended by striking ``or'' at end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``; or'', and by inserting after paragraph (15) the following
new paragraph:
``(16) any qualified loan within the meaning of section
408(e)(7).''
(c) Effective Date.--The amendments made by this section shall
apply to loans made after the date of the enactment of this Act. | IRA Self-Loan Act - Amends the Internal Revenue Code to allow loans to be made or secured by an individual retirement account for first-time homebuyer expenses, education expenses, or medical emergency expenses. Exempts such loans from the tax on prohibited transactions. | IRA Self-Loan Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DUI Reporting Act of 2018''.
SEC. 2. IMPAIRED DRIVING COUNTERMEASURES.
Section 405(d) of title 23, United States Code, is amended by
adding at the end the following:
``(8) Special rules relating to dui reporting.--
``(A) In general.--Notwithstanding any other
provision of this subsection, the Secretary shall
withhold from a State, in accordance with this
paragraph, each grant under this subsection for a
fiscal year if the State does not appear on the most
recent list provided to the Secretary under
subparagraph (B)(ii)(I).
``(B) List.--
``(i) Requirement.--The Attorney General
shall provide to the Secretary a list
identifying each State that, in the
determination of the Attorney General, is
ensuring, through law or policy, that all State
and local law enforcement agencies in that
State are appropriately reporting covered
arrests to the appropriate Federal repository
(which the Attorney General may determine to be
the National Crime Information Center or the
Next Generation Identification system).
``(ii) Timing.--Each year, the Attorney
General shall provide the list required under
clause (i)--
``(I) during the 30-day period
ending on September 30; and
``(II) on the date that is 90 days
after the date on which the list is
provided pursuant to subclause (I).
``(iii) Availability to the public.--The
Attorney General shall make available to the
public on an appropriate Federal website each
list provided to the Secretary under this
subparagraph.
``(C) Withholding.--
``(i) In general.--The Secretary shall
withhold grants under subparagraph (A) in
accordance with the following:
``(I) If the applicable State is
subject to withholding under
subparagraph (A) for the first time,
the Secretary shall withhold 25 percent
of the amount of the grant that would
otherwise be made available to the
State.
``(II) If the applicable State is
subject to withholding under
subparagraph (A) for the second time,
the Secretary shall withhold 50 percent
of the amount of the grant that would
otherwise be made available to the
State.
``(III) If the applicable State is
subject to withholding under
subparagraph (A) for the third time (or
more), the Secretary shall withhold 100
percent of the amount of the grant that
would otherwise be made available to
the State.
``(ii) First year warnings.--
``(I) No withholding.--During the
first fiscal year with respect to which
the Secretary may withhold grant
amounts under subparagraph (A), the
Secretary, notwithstanding such
subparagraph, shall not withhold any
grant amounts from any State under such
subparagraph.
``(II) Warnings.--The Secretary
shall notify each State that would have
been subject to withholding under
subparagraph (A), if not for this
clause, and such notice shall not be
treated as a withholding for purposes
of clause (i) of this subparagraph.
``(D) Availability of withheld amounts.--
``(i) In general.--Amounts withheld from a
State under subparagraph (A) shall remain
available to be provided to the State until the
end of the 90-day period beginning on the date
of the withholding.
``(ii) Return to compliance.--At the end of
a 90-day period described in clause (i), if the
applicable State appears on the most recent
list provided under subparagraph (B)(ii)(II),
amounts withheld from the State shall be
provided to the State.
``(iii) Continued noncompliance.--At the
end of a 90-day period described in clause (i),
if the applicable State does not appear on the
most recent list provided under subparagraph
(B)(ii)(II), amounts withheld from the State
shall be reallocated consistent with subsection
(a)(8).
``(E) Use of grants.--Notwithstanding any other
provision of this subsection, a State that receives a
grant under this subsection may use grant amounts for
costs associated with reporting covered arrests.
``(F) Covered arrests defined.--In this paragraph,
the term `covered arrests' means arrests for offenses
involving driving under the influence of, or while
intoxicated by, alcohol or drugs.
``(G) Applicability.--This paragraph shall apply to
the second fiscal year beginning after the date of
enactment of this paragraph and each fiscal year
thereafter.''. | DUI Reporting Act of 2018 This bill requires the Department of Transportation (DOT) to withhold national priority safety program grant funds from a state that does not appear on the most recent list provided to DOT by the Department of Justice identifying states that are appropriately reporting arrests for driving under the influence of alcohol or drugs. | DUI Reporting Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Participation in Regulations
Act of 2017''.
SEC. 2. ADVANCE NOTICE OF PROPOSED RULE MAKING.
Subchapter II of chapter 5 of title 5, United States Code, is
amended--
(1) in section 551--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(15) `major rule' means any rule that the Administrator
of the Office of Information and Regulatory Affairs determines
is likely to impose--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or tribal government agencies, or geographic
regions; or
``(C) significant effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; and
``(16) the `Office of Information and Regulatory Affairs'
means the office established under section 3503 of chapter 35
of title 44 and any successor to that office.''; and
(2) in section 553, by adding at the end the following:
``(f) Advance Notice of Proposed Rule Making for Major Rules.--
``(1) In general.--Except as provided in paragraph (3), not
later than 90 days before the date on which an agency publishes
a notice of proposed rule making for a major rule in the
Federal Register, the agency shall publish an advance notice of
proposed rule making for the major rule in the Federal
Register.
``(2) Requirements.--An advance notice of proposed rule
making published under paragraph (1) shall--
``(A) include a written statement identifying, at a
minimum--
``(i) the nature and significance of the
problem the agency may address with a major
rule, including data and other evidence and
information on which the agency expects to rely
for the proposed major rule;
``(ii) a general description of regulatory
alternatives under consideration;
``(iii) the legal authority under which a
major rule may be proposed, including whether a
rule making is required by statute, and if so,
whether by a specific date, or whether the
agency has discretion to commence a rule
making; and
``(iv) an achievable objective for the
major rule and metrics by which the agency
expects to measure progress toward that
objective;
``(B) solicit written data, views, and argument
from interested persons concerning the information and
issues addressed in the advance notice; and
``(C) provide for a period of not less than 60 days
for interested persons to submit such written data,
views, or argument to the agency.
``(3) Exceptions.--This subsection shall not apply to a
major rule if--
``(A) the agency proposing the major rule is not
required to publish a notice of proposed rule making in
the Federal Register for the major rule under
subsection (b) (3)(B);
``(B) the Administrator of the Office of
Information and Regulatory Affairs determines that
complying with the requirements described in this
subsection--
``(i) would not serve the public interest;
or
``(ii) would be unduly burdensome and
duplicative of processes required by specific
statutory requirements as rigorous as those
prescribed in paragraph (2); or
``(C) the agency proposing the major rule is
otherwise specifically exempted by law from the notice
and comment rule making procedures under this section.
``(4) Judicial review.--
``(A) In general.--A determination made by the
Administrator of the Office of Information and
Regulatory Affairs in accordance with paragraph (3)(B)
shall not be subject to judicial review.
``(B) Arbitrary and capricious.--Any deviation
between policies set forth in the written statement of
an agency under paragraph (2)(A) and any final agency
action shall not be considered arbitrary, capricious,
an abuse of discretion, or otherwise not in accordance
with the law under section 706(2)(A).''. | Early Participation in Regulations Act of 2017 This bill directs agencies to publish advance notice of a proposed rulemaking not later than 90 days before publishing a notice of proposed rulemaking for a major rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete with foreign-based enterprises. The advance notice shall: include a written statement identifying the nature and significance of the problem to be addressed, a general description of regulatory alternatives, the legal authority under which the rule is proposed, and an achievable objective for the rule and metrics by which the agency expects to measure progress toward that objective; and solicit and provide a period of at least 60 days for submission of written data, views, and argument from interested persons. Any deviation between policies set forth in such statement and any final agency action shall not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act. The bill is inapplicable to a major rule: for which the proposing agency is not required to publish a notice of proposed rulemaking, if OIRA determines that complying with the requirements described in this bill would not serve the public interest or would be unduly burdensome and duplicative of processes required by specific statutory requirements as rigorous as those prescribed in this bill, or if the agency proposing the major rule is otherwise specifically exempted by law from notice and comment rule making procedures. Such a determination made by OIRA shall not be subject to judicial review. | Early Participation in Regulations Act of 2017 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``S Corporation
Investment Act of 1994''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. S CORPORATIONS PERMITTED TO HAVE 40 SHAREHOLDERS.
Subparagraph (A) of section 1361(b)(1) (defining small business
corporation) is amended by striking ``35 shareholders'' and inserting
``40 shareholders''.
SEC. 3. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER.
Paragraph (1) of section 1361(c) (relating to special rules for
applying subsection (b)) is amended to read as follows:
``(1) Members of family treated as 1 shareholder.--
``(A) In general.--For purposes of subsection
(b)(1)(A)--
``(i) except as provided in clause (ii), a
husband and wife (and their estates) shall be
treated as 1 shareholder, and
``(ii) in the case of a family with respect
to which an election is in effect under
subparagraph (E), all members of the family
shall be treated as 1 shareholder.
``(B) Members of the family.--For purposes of
subparagraph (A)(ii), the term `members of the family'
means the lineal descendants of the common ancestor and
the spouses (or former spouses) of such lineal
descendants or common ancestor.
``(C) Common ancestor.--For purposes of this
paragraph, an individual shall not be considered a
common ancestor if, as of the later of the effective
date of this paragraph or the time the election under
section 1362(a) is made, the individual is more than 4
generations removed from the youngest generation of
shareholders.
``(D) Effect of adoption, etc.--In determining
whether any relationship specified in subparagraph (B)
or (C) exists, the rules of section 152(b)(2) shall
apply.
``(E) Election.--An election under subparagraph
(A)(ii)--
``(i) must be made with the consent of all
shareholders,
``(ii) shall remain in effect until
terminated, and
``(iii) shall apply only with respect to 1
family in any corporation.''
SEC. 4. INCREASE IN PASSIVE INCOME PERMITTED.
(a) Termination Provision.--Paragraph (3) of section 1362(d)
(relating to termination) is amended by striking ``25 percent'' in the
heading and in subparagraph (A)(i) and inserting ``40 percent''.
(b) Tax on Former C Corporations.--
(1) Subsections (a)(2) and (b)(1)(A)(i) of section 1375
(relating to tax imposed when passive investment income of
corporation having subchapter C earnings and profits exceeds 25
percent of gross receipts) are each amended by striking ``25
percent'' and inserting ``40 percent''.
(2) The heading of section 1375 is amended by striking ``25
percent'' and inserting ``40 percent''.
(3) The table of sections for part III of subchapter S of
chapter 1 is amended by striking ``25 percent'' and inserting
``40 percent'' in the item relating to section 1375.
SEC. 5. REINVESTMENT RESERVE.
(a) In General.--Part III of subchapter S of chapter 1 (relating to
special rules) is amended by adding at the end the following new
section:
``SEC. 1376. REINVESTMENT RESERVE.
``(a) In General.--In the case of an S corporation, at the election
of such corporation, there shall be allowed as a deduction for the
taxable year an amount equal to the payments made by the corporation
during such taxable year to a reinvestment reserve.
``(b) Limitation.--The amount which an S corporation may pay into
its reinvestment reserve for any taxable year shall not exceed an
amount equal to 3 percent of its taxable income (determined without
regard to this section) for such taxable year.
``(c) Reinvestment Reserve.--
``(1) In general.--Each S corporation which elects the
application of this section shall establish a reinvestment
reserve.
``(2) No tax on reserve earnings.--Earnings (including
gains and losses) from the investment of amounts in the reserve
shall not be taken into account under this title.
``(3) Use of reserve.--The reinvestment reserve shall be
used exclusively for the acquisition, construction,
reconstruction, or erection of tangible property to which
section 168 applies for use in the active conduct of a trade or
business of the S corporation.
``(4) Contributions to reserve.--The reinvestment reserve
shall not accept any payments (or other amounts) other than
payments with respect to which a deduction is allowable under
subsection (a).
``(5) Distributions from reserve.--There shall be
includible in the gross income of the S corporation for any
taxable year any amount distributed from the reinvestment
reserve during such taxable year.
``(6) Treatment of amounts not withdrawn within 3 years.--
``(A) In general.--Any amount not withdrawn from
the reinvestment reserve within the 3-year period
beginning on the date of its deposit shall be treated
as distributed as of the close of such period.
``(B) Deemed distributions taxed at highest
marginal rate.--If any amount is treated under
subparagraph (A) as distributed during any taxable
year--
``(i) such amount shall be excluded from
the gross income of the corporation, and
``(ii) there is hereby imposed on such
amount a tax equal to the product of such
amount and the highest rate of tax specified in
section 1.
``(C) Certain rules to apply.--Rules similar to the
rules of subparagraphs (B) and (C) of paragraphs (5)
and (6) of section 7518(g) shall apply for purposes of
this paragraph.
``(d) Time When Payments Deemed Made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to the
reinvestment reserve on the last day of a taxable year if such payment
is made on account of such taxable year and is made with 2\1/2\ months
after the close of such taxable year.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter S of chapter 1 is amended by adding at the end the following
new section:
``Sec. 1376. Reinvestment reserve.''
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after the date of the enactment of this Act. | S Corporation Investment Act of 1994 - Amends the Internal Revenue Code to increase from 35 to 40 the maximum number of shareholders of an S Corporation (small business corporation). Allows members of a family to be treated as one shareholder.
Increases the percentage of permissible passive income.
Allows a deduction for payments made to a reinvestment reserve with limitations. | S Corporation Investment Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Enhancement and Security Act
of 2007''.
SEC. 2. ESTABLISHMENT OF FEDERAL GUIDELINES FOR ELECTRONIC VOTING
EQUIPMENT.
(a) Establishment of Guidelines; Support From National Institute of
Standards and Technology.--Section 221 of the Help America Vote Act of
2002 (42 U.S.C. 15361 et seq.) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Special Rules for Establishment of Guidelines for Electronic
Voting Equipment.--
``(1) Establishment of guidelines.--In addition to any
other guidelines developed under this section, the Development
Committee shall develop specific guidelines for the operation
of electronic voting equipment in elections for Federal office
under which the equipment will comply with each of the
following technologies:
``(A) A technology that allows a contemporaneous,
redundant, and auditable trail of the votes cast or
recorded on such equipment. For purposes of this
subparagraph, a trail is `contemporaneous' if it is
created and recorded at the same time as the original
record.
``(B) A technology that allows each individual who
is eligible to vote in such an election to verify the
ballot before the individual's vote is cast into the
equipment.
``(C) A technology that ensures reliable security
of the equipment from tampering or improper use.
``(D) A technology that ensures that individuals
with disabilities who are eligible to vote in the
election can vote independently and without assistance.
``(2) Technical support from nist.--The Director of the
National Institute of Standards and Technology shall provide
the Development Committee with technical support in the
development of the guidelines for electronic voting equipment
under this subsection, in the same manner as the technical
support provided under subsection (e).
``(3) Deadline.--The Director shall complete the
requirements of subsection (a) not later than January 1,
2010.''.
(b) Requiring States to Meet Guidelines.--
(1) Requirement.--
(A) In general.--Section 301 of such Act (42 U.S.C.
15481) is amended--
(i) by redesignating subsections (b)
through (d) as subsections (c) through (e); and
(ii) by inserting after subsection (a) the
following new subsection:
``(b) Special Requirements for Electronic Voting Equipment.--
``(1) In general.--Any voting system which consists in
whole or in part of an electronic vote recording device or an
electronic vote tabulation device shall meet the voting system
guidelines applicable to such devices which are adopted by the
Commission pursuant to section 222 (in accordance with the
requirements for the development of such guidelines under
section 221(f)).
``(2) Definitions.--In this subsection--
``(A) the term `vote recording device' means the
mechanism or medium used for recording a voter's ballot
choices; and
``(B) the term `vote tabulation device' means the
mechanism or equipment used to tabulate the votes
recorded on the vote recording device.
``(3) Effective date.--Paragraph (1) shall apply with
respect to elections for Federal office held in 2012 and each
succeeding year.''.
(B) Conforming amendment.--Section 301(e) of such
Act (42 U.S.C. 15481(e)), as redesignated by
subparagraph (A), is amended by striking ``Each State''
and inserting ``Except as provided in subsection (b),
each State''.
(2) Availability of funding for meeting requirements.--
Section 257(a) of such Act (42 U.S.C. 15407(a) is amended by
adding at the end the following new paragraph:
``(4) For fiscal year 2011, $1,000,000,000, except that any
funds provided under the authorization made by this paragraph
shall be used by a State only to meet the requirements of
section 301(b), or to otherwise modify or replace its voting
systems in response to such requirements.''.
SEC. 3. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
(a) Requiring States To Administer Audits in Accordance With State
Plan.--Subtitle A of title III of the Help America Vote Act of 2002 (42
U.S.C. 15481 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 303A. AUDITS OF RESULTS OF ELECTIONS.
``(a) Requiring States To Administer Audits in Accordance With
State Plan.--
``(1) In general.--Each State shall administer audits of
the results of elections for Federal office held in the State
in accordance with a State audit plan which describes the
entity responsible for administering the audits, the procedures
for administering the audits, and the rules for determining
which elections will be subject to audits and the number of
tabulation units in which the audits will occur.
``(2) Tabulation unit defined.--In this subsection, the
term `tabulation unit' means, with respect to an election, a
unit established by the State prior to the election (such as a
precinct, polling location, or particular type of voting
device) in which the votes tabulated by the voting system used
in the unit may be compared with the audit of the results of
the ballots cast in the unit.
``(3) Submission of plan to commission.--Not later than
January 1, 2009, the State shall submit its initial State audit
plan under this section to the Commission.
``(b) Certification.--A State does not meet the requirements of
this section unless the chief executive of the State and the chief
election official of the State certify that the State audit plan
provides for the fair and effective administration of audits under
procedures that are transparent and open to the public.
``(c) Effective Date.--This section shall apply with respect to the
regularly scheduled general elections for Federal office held in
November 2010 and each succeeding election for Federal office.''.
(b) Availability of Enforcement.--Section 401 of such Act (42
U.S.C. 15511) is amended by striking ``sections 301, 302, and 303'' and
inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following:
``303A. Audits of results of elections.''.
SEC. 4. REQUIRING STATES TO DEVELOP AND IMPLEMENT ELECTION SECURITY
PROTOCOLS AND CONTINGENCY PLANS.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 3(a), is
further amended by inserting after section 303A the following new
section:
``SEC. 303B. DEVELOPMENT AND IMPLEMENTATION OF ELECTION SECURITY
PROTOCOLS AND CONTINGENCY PLANS.
``(a) Requirements for States.--Each State and jurisdiction which
administers elections for Federal office shall--
``(1) develop and implement security protocols for
protecting the voting equipment used in such elections and for
ensuring the security of the administration of such elections;
and
``(2) develop and implement contingency plans for
addressing voting system failures and other emergencies which
may occur on the date of such an election, including the
protocols to be followed at polling places and the protocols
applicable to the use of emergency ballots.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office in November
2008 and each succeeding election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 3(c), is further amended by inserting after the item
relating to section 303A the following:
``303B. Development and implementation of election security protocols
and contingency plans.''. | Voting Enhancement and Security Act of 2007 - Amends the Help America Vote Act of 2002 to direct the Technical Guidelines Development Committee to develop for the Election Assistance Commission specific guidelines, meeting certain criteria, for the operation of electronic voting equipment in federal elections. Requires states to comply with such guidelines.
Requires states to: (1) administer audits of the results of federal elections held in the state in accordance with a state audit plan; and (2) develop and implement election security protocols for protecting the voting equipment and contingency plans for addressing voting system failures and other emergencies. | To amend the Help America Vote Act of 2002 to require States to meet Federal guidelines for the operation of electronic voting equipment, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Osteoporosis and Related Bone
Diseases Research Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) osteoporosis, or porous bone, is a condition
characterized by an excessive loss of bone tissue and an
increased susceptibility to fractures of the hip, spine, and
wrist;
(2) osteoporosis is a threat to an estimated 28,000,000
Americans, 80 percent of whom are women, many of whose cases go
undiagnosed because the condition develops without symptoms
until a strain, bump, or fall causes a fracture;
(3) between 3 and 4 million Americans have Paget's disease,
osteogenesis imperfecta, hyperparathyroidism, and other related
metabolic bone diseases;
(4) osteoporosis is responsible for 1,500,000 bone
fractures annually, including more than 300,000 hip fractures,
700,000 vertebral fractures, 200,000 fractures of the wrist,
and the remaining fractures at other sites;
(5) 1 of every 2 women and 1 of every 8 men over age 50
will develop fractures associated with osteoporosis in their
lifetimes;
(6) direct medical costs of osteoporosis are estimated to
be $13,800,000,000 annually for the United States, not
including the costs of family care and lost work for
caregivers;
(7) direct medical costs of osteoporosis are expected to
increase precipitously because the proportion of the population
comprised of older persons is expanding and each generation of
older persons tends to have a higher incidence of osteoporosis
than preceding generations;
(8) technology now exists, and new technology is
developing, that will permit early diagnosis and prevention of
osteoporosis as well as management of the condition once it has
developed;
(9) funding for research on osteoporosis and related bone
diseases is severely constrained at key research institutes,
including the National Institute of Arthritis and
Musculoskeletal and Skin Diseases, the National Institute on
Aging, the National Institute of Diabetes and Digestive and
Kidney Diseases, the National Institute of Dental Research, and
the National Institute of Child Health and Human Development;
(10) further research is needed to improve medical
knowledge concerning--
(A) cellular mechanisms related to the processes of
bone resorption and bone formation, and the effect of
different agents on bone remodeling;
(B) risk factors for osteoporosis, including newly
discovered risk factors, risk factors related to groups
not ordinarily studied (such as men and minorities),
risk factors related to genes that help to control
skeletal metabolism, and risk factors relating to the
relationship of aging processes to the development of
osteoporosis;
(C) bone mass measurement technology, including
more widespread and cost-effective techniques for
making more precise measurements and for interpreting
measurements;
(D) calcium (including bioavailability, intake
requirements, and the role of calcium in building
heavier and denser skeletons), and vitamin D and its
role as an essential vitamin in adults;
(E) prevention and treatment, including the
efficacy of current therapies, alternative drug
therapies for prevention and treatment, and the role of
exercise; and
(F) rehabilitation; and
(11) further educational efforts are needed to increase
public and professional knowledge of the causes of, methods for
avoiding, and treatment of osteoporosis.
SEC. 3. OSTEOPOROSIS RESEARCH.
Subpart 4 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285d et seq.) is amended by adding at the end the following
new section:
``research on osteoporosis and related diseases
``Sec. 442A. (a) Expansion of Research.--The Director of the
Institute, the Director of the National Institute on Aging, the
Director of the National Institute of Diabetes and Digestive and Kidney
Diseases, the Director of the National Institute of Dental Research,
and the Director of the National Institute of Child Health and Human
Development shall expand and intensify research on osteoporosis and
related bone diseases. The research shall be in addition to research
that is authorized under any other provision of law.
``(b) Mechanisms for Expansion of Research.--Each of the Directors
specified in subsection (a) shall, in carrying out such subsection,
provide for one or more of the following:
``(1) Investigator-initiated research.
``(2) Funding for investigators beginning their research
careers.
``(3) Mentorship research grants.
``(c) Specialized Centers of Research.--
``(1) In general.--The Director of the Institute, after
consultation with the advisory council for the Institute, shall
make grants to, or enter into contracts with, public or
nonprofit private entities for the development and operation of
centers to conduct research on osteoporosis and related bone
diseases. Subject to the extent of amounts made available in
appropriations Acts, the Director shall provide for not less
than three such centers.
``(2) Activities.--Each center assisted under this
subsection--
``(A) shall, with respect to osteoporosis and
related bone diseases--
``(i) conduct basic and clinical research;
``(ii) develop protocols for training
physicians, scientists, nurses, and other
health and allied health professionals;
``(iii) conduct training programs for such
individuals;
``(iv) develop model continuing education
programs for such professionals; and
``(v) disseminate information to such
professionals and the public;
``(B) may use the funds to provide stipends for
health and allied health professionals enrolled in
training programs described in subparagraph (A)(iii);
and
``(C) shall use the facilities of a single
institution, or be formed from a consortium of
cooperating institutions, meeting such requirements as
may be prescribed by the Director of the Institute.
``(3) Duration of support.--Support of a center under this
subsection may be for a period not exceeding 5 years. Such
period may be extended for one or more additional periods not
exceeding 5 years if the operations of such center have been
reviewed by an appropriate technical and scientific peer review
group established by the Director and if such group has
recommended to the Director that such period should be
extended.
``(d) Definition of Related Bone Diseases.--For purposes of this
section, the term `related bone diseases' includes--
``(1) Paget's disease, a bone disease characterized by
enlargement and loss of density with bowing and deformity of
the bones;
``(2) osteogenesis imperfecta, a familial disease marked by
extreme brittleness of the long bones;
``(3) hyperparathyroidism, a condition characterized by the
presence of excess parathormone in the body resulting in
disturbance of calcium metabolism with loss of calcium from
bone and renal damage;
``(4) hypoparathyroidism, a condition characterized by the
absence of parathormone resulting in disturbances of calcium
metabolism;
``(5) renal bone disease, a disease characterized by
metabolic disturbances from dialysis, renal transplants, or
other renal disturbances;
``(6) primary or postmenopausal osteoporosis and secondary
osteoporosis, such as that induced by corticosteroids; and
``(7) other general diseases of bone and mineral metabolism
including abnormalities of vitamin D.
``(e) Authorizations of Appropriations.--
``(1) National institute of arthritis and musculoskeletal
and skin diseases.--For the purpose of carrying out this
section through the National Institute of Arthritis and
Musculoskeletal and Skin Diseases, there are authorized to be
appropriated $17,000,000 for each of the fiscal years 1999
through 2001, and such sums as may be necessary for each
subsequent fiscal year.
``(2) National institute on aging.--For the purpose of
carrying out this section through the National Institute on
Aging, there are authorized to be appropriated $10,000,000 for
each of the fiscal years 1999 through 2001, and such sums as
may be necessary for each subsequent fiscal year.
``(3) National institute of diabetes and digestive and
kidney diseases.--For the purpose of carrying out this section
through the National Institute of Diabetes and Digestive and
Kidney Diseases, there are authorized to be appropriated
$10,000,000 for each of the fiscal years 1999 through 2001, and
such sums as may be necessary for each subsequent fiscal year.
``(4) National institute of dental research.--For the
purpose of carrying out this section through the National
Institute of Dental Research, there are authorized to be
appropriated $5,000,000 for each of the fiscal years 1999
through 2001, and such sums as may be necessary for each
subsequent fiscal year.
``(5) National institute of child health and human
development.--For the purpose of carrying out this section
through the National Institute of Child Health and Human
Development, there are authorized to be appropriated $5,000,000
for each of the fiscal years 1999 through 2001, and such sums
as may be necessary for each subsequent fiscal year.
``(6) Specialized centers of research.--For the purpose of
carrying out subsection (c), there are authorized to be
appropriated $3,000,000 for each of the fiscal years 1999
through 2001, and such sums as may be necessary for each
subsequent fiscal year.
``(7) Relation to other provisions.--Authorizations of
appropriations under this subsection are in addition to amounts
authorized to be appropriated for biomedical research relating
to osteoporosis and related bone diseases under any other
provision of law.''. | Osteoporosis and Related Bone Diseases Research Act of 1997 - Amends the Public Health Service Act to require specified institutes of the National Institutes of Health to expand and intensify research on osteoporosis and related bone diseases. Directs the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases, after consultation with the advisory council for the Institute, to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of not less than three centers to conduct research on osteoporosis and related bone diseases. Sets a limitation on the duration of support for the centers. Authorizes appropriations. | Osteoporosis and Related Bone Diseases Research Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Lands Tracts Conveyance Act''.
SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF
NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS.
(a) Definitions.--In this section:
(1) Adjacent landholder.--The term ``adjacent landholder''
means any holder of non-Federal land (including a holder that
is a State, county, or local government or any agency thereof,
or an Indian tribe) that shares one or more boundaries with an
eligible Federal lands parcel and who makes a request to
purchase an eligible Federal lands parcel.
(2) Director concerned.--The term ``Director concerned''
means the Director of the Bureau of Land Management for a
State.
(3) Eligible federal lands parcel.--The term ``eligible
Federal lands parcel'' means a parcel of National Forest System
land or the public lands that--
(A) shares one or more boundaries with non-Federal
land;
(B) is located within the boundaries of an
incorporated or unincorporated area with a population
of at least 500 residents;
(C) is not subject to existing rights held by a
non-Federal entity;
(D) does not contain an exceptional resource; and
(E) is not habitat for an endangered species or a
threatened species determined under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
(4) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, historic, cultural,
or recreational value on a parcel of public lands that the
Director concerned or Regional Forester concerned determines,
on the record and after an opportunity for a hearing--
(A) is documented by a Federal, State, or local
governmental authority; and
(B) requires extraordinary conservation and
protection to maintain the resource for the benefit of
the public.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(6) National forest system land.--
(A) In general.--The term ``National Forest System
land'' means land within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)), including the National Grasslands and land
utilization projects designated as National Grasslands
administered pursuant to the Act of July 22, 1937 (7
U.S.C. 1010-1012).
(B) Exclusions.--The term does not include any land
managed by the Forest Service that is included in a
national monument, an area of critical environmental
concern, a national conservation area, a national
riparian conservation area, a national recreation area,
a national scenic area, a research natural area, a
national outstanding natural area, a national natural
landmark, a wilderness area, a wilderness study area,
the national wild and scenic rivers system, the
national system of trails, or land held in trust by the
United States for the benefit of any Indian tribe.
(7) Public lands.--
(A) In general.--The term ``public lands'' has the
meaning given that term in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702(e)).
(B) Exclusions.--The term does not include any land
managed by the Bureau of Land Management that is
included in a national monument, an area of critical
environmental concern, a national conservation area, a
national riparian conservation area, a national
recreation area, a national scenic area, a research
natural area, a national outstanding natural area, a
national natural landmark, a wilderness area, a
wilderness study area, the national wild and scenic
rivers system, the national system of trails, or land
held in trust by the United States for the benefit of
any Indian tribe.
(8) Regional forester concerned.--The term ``Regional
Forester concerned'' means the Regional Forester with
jurisdiction over the National Forest System land of a specific
Forest Service Region.
(b) Selection of Parcels for Conveyance.--
(1) Two selection methods.--The Director concerned or the
Regional Forester concerned shall select an eligible Federal
lands parcel for conveyance under this section--
(A) in response to a request submitted by an
adjacent landholder; or
(B) upon the recommendation of the District Office
of the Bureau of Land Management or unit of the
National Forest System exercising administration over
the parcel.
(2) Adjacent landholder request.--
(A) Process required.--The Secretary of Agriculture
and the Secretary of the Interior each shall create a
process by which an adjacent landholder may request to
purchase an eligible Federal lands parcel.
(B) Guidelines.--To the maximum extent practicable,
the process shall be consistent with other public
purchase request processes used by the Forest Service
and the Bureau of Land Management to convey Federal
land under their respective statutory and regulatory
authority.
(C) Public accessibility.--The process shall be
open to the public and available on the internet.
(D) Deadline.--The process shall be available to
the public within 90 days of the date of the enactment
of this Act.
(3) Review of adjacent landholder request.--When an
adjacent landholder submits a request under paragraph (1)(A)
for conveyance of a parcel of National Forest System land or
public lands, the Director concerned or the Regional Forester
concerned shall review the parcel and determine, within 30 days
after receipt of the request, whether the parcel satisfies the
definition of eligible Federal lands parcel for conveyance.
(4) Rejection of adjacent landholder request.--If the
Director concerned or the Regional Forester concerned
determines under paragraph (2) that all or a portion of the
parcel of National Forest System land or public lands covered
by an adjacent landholder request under paragraph (1)(A) fails
to satisfy the definition of eligible Federal lands parcel, the
Director concerned or the Regional Forester concerned shall
give the landowner--
(A) a written explanation of the reasons for the
rejection, which specifies--
(i) which of the elements of the definition
of eligible Federal lands parcel the parcel
fails to satisfy and how and why the parcel
fails to satisfy that element;
(ii) how the continued administration of
the parcel by the Bureau of Land Management or
the Forest Service would impact the parcel and
surrounding economy; and
(iii) why the Federal Government needs to
maintain ownership of the parcel and would be
the best land ownership steward of the parcel;
and
(B) an opportunity to appeal the rejection under
subsection (e).
(c) Parcel and Acreage Limitations.--
(1) Acreage.--An eligible Federal lands parcel conveyed
under this section may not exceed 160 acres unless a request
for additional acreage is approved by the Director concerned or
the Regional Forester concerned.
(2) Number of parcels.--An adjacent landholder may only
acquire one eligible Federal lands parcel under this section
per year, except that, if the parcel is less than 160 acres in
size, the adjacent landholder may acquire additional eligible
Federal lands parcels during that year so long as the total
acreage acquired does not exceed 160 acres unless a request for
additional acreage is approved by the Director concerned or the
Regional Forester concerned.
(d) Conveyance Process.--
(1) Public notice.--The Director concerned or the Regional
Forester concerned shall provide public notice of the
availability of an eligible Federal lands parcel, even in cases
in which the parcel shares a boundary with only a single parcel
of non-Federal land or with multiple parcels owned by the same
adjacent landholder. The notice shall state that the parcel
satisfies the definition of eligible Federal lands parcel for
conveyance.
(2) Single adjacent landholder.--If the eligible Federal
lands parcel shares a boundary with only a single parcel of
non-Federal land or with multiple parcels owned by the same
adjacent landholder, the Director concerned or the Regional
Forester concerned shall carry out a negotiated sale of the
eligible Federal lands parcel with the adjacent landholder.
(3) Multiple adjacent landholders.--If multiple parcels of
non-Federal land, owned by different adjacent landholders,
share a boundary with an eligible public lands parcel, the sale
of the eligible public lands parcel under this section shall be
conducted using competitive bidding procedures established
under section 203(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1713(f)).
(4) Rejection of offers.--The Director concerned or the
Regional Forester concerned may reject any offer made under
this subsection that does not offer the minimum consideration
required by subsection (f). The adjacent landholder shall be
given an opportunity to appeal the rejection under subsection
(e).
(5) Compliance with local planning and zoning.--As a
condition of the conveyance of an eligible public lands parcel
under this section, the Director concerned or the Regional
Forester concerned shall require the purchaser of the parcel to
agree to comply with all local land use ordinances and any
master zoning plan applicable to the parcel or the adjacent
non-Federal land of the purchaser.
(6) Form of conveyance.--When an eligible Federal lands
parcel is to be sold under this section, the Director concerned
or the Regional Forester concerned shall convey, by quitclaim
deed, all right, title, and interest, including the mineral
estate, of the United States in and to the parcel.
(e) Appeals Process.--
(1) Availability of appeal.--If the Director concerned or
the Regional Forester concerned rejects an adjacent landholder
request under subsection (b)(1)(A) for selection of a parcel of
National Forest System land or public lands for conveyance
under this section or rejects an adjacent landholder offer for
purchase of an eligible Federal lands parcel under subsection
(d), the Director concerned or the Regional Forester concerned
shall provide an appeals process for reconsideration of the
rejection using the expedited Forest Service appeals process
available under section 322(d) of Public Law 102-381 (16 U.S.C.
1612 note).
(2) Administering official.--For purposes of applying
section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note),
references to the Chief of the Forest Service or the Secretary
of Agriculture shall be deemed to mean the Director concerned
or the Regional Forester concerned.
(f) Consideration.--
(1) Fair market value.--As consideration for the sale of an
eligible Federal lands parcel under this section, the Director
concerned or the Regional Forester concerned shall require a
cash payment in an amount that is equal to not less than the
fair market value of the parcel, including the mineral estate,
being conveyed by the Director concerned or the Regional
Forester concerned.
(2) Establishment.--The fair market value of an eligible
Federal lands parcel shall be established by an appraisal
submitted by the adjacent landholder seeking to purchase the
parcel, unless the Director concerned or the Regional Forester
concerned rejects such appraisal within 45 days after
submission. In the case of the rejection of the appraisal, the
Director concerned or the Regional Forester concerned shall
cause another appraisal to be conducted, within 30 days, in
accordance with the regulations regarding appraisals issued
under section 206(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(f)).
(g) Treatment of Proceeds.--
(1) Establishment of fund.--The Secretary of the Treasury
shall establish in the Treasury of the United States a special
fund to provide for the collection and distribution of funds
under this subsection.
(2) Collection.--Funds collected from the conveyance of an
eligible Federal lands parcel under this section shall be
deposited into the Treasury fund created under paragraph (1).
(3) Distribution.--Funds collected under this subsection
shall be distributed annually to those States in which the
Federal Government owns more than 33 percent of the land area
of that State according to the calculation provided in
paragraph (4).
(4) Calculation of distribution.--From amounts collected
and deposited under this section--
(A) 50 percent of the amount collected from a
conveyance shall be distributed to the State in which
the conveyance took place; and
(B) the remaining 50 percent shall be distributed
equally between the remaining States identified under
paragraph (3).
(5) Limitation of use.--As a condition of receipt of funds
under this subsection, a State receiving such funds shall agree
to use the funds only for the following purposes:
(A) Purchase.--To purchase additional eligible
Federal lands parcels, that are consistent with land
use management under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701).
(B) Compliance.--To comply with a Federal
requirement under--
(i) Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); or
(iii) National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(h) Payment of Costs of Conveyance.--
(1) Payment of costs required.--The Director concerned or
the Regional Forester concerned shall require the purchaser to
cover the costs to be incurred, or to reimburse the Director
concerned or the Regional Forester concerned for costs
incurred, to carry out the conveyance, including survey and
appraisal costs, costs for environmental documentation, and any
other administrative costs related to the conveyance.
(2) Refund of excess.--If amounts are collected from the
purchaser in advance of the Director concerned or the Regional
Forester concerned incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Director
concerned or the Regional Forester concerned to carry out the
conveyance, the Director concerned or the Regional Forester
concerned shall refund the excess amount to the purchaser.
(3) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs in carrying out
the conveyance. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(i) Time for Conveyance.--It is the intent of the Congress that the
conveyance of an eligible Federal lands parcel under this section, from
selection of the parcel for conveyance through completion of the sale,
should take no more than 18 months.
(j) Categorical Exclusion.--Because the scope of a conveyance is
limited and excluded from any exceptional resource, a conveyance of an
eligible Federal lands parcel under this section is categorically
excluded from the requirement to prepare an environmental assessment or
an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(k) Additional Authority.--The conveyance authority provided by
this section is in addition to the sale authority provided by section
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1713) or any other provision of law. | Small Lands Tracts Conveyance Act Requires the Bureau of Land Management (BLM) for a state (respecting certain public lands) or the Forest Service (respecting certain National Forest System lands) to select an eligible federal lands parcel for conveyance: (1) in response to a request by an adjacent landholder (any holder of non-federal land that shares one or more boundaries with such a parcel and who requests to purchase such a parcel), or (2) upon the recommendation of the BLM District Office or System unit that exercises administration over such parcel. Directs the Department of Agriculture (USDA) and the Department of the Interior to each create a process by which an adjacent landholder may request to purchase an eligible parcel. Instructs that such process be open to the public and available on the Internet. Bars a conveyed eligible parcel from exceeding 160 acres unless the BLM or the Forest Service approves a request for additional acreage. Permits acquisition by an adjacent landholder of only one eligible parcel a year, subject to an exception. Instructs the BLM or the Forest Service, as consideration for the sale of an eligible parcel, to require a cash payment in an amount equal to at least the fair market value of such parcel, including the mineral estate, being conveyed. Requires the proceeds collected from such conveyances to be deposited into a special fund established by this Act and distributed annually to each state in which the federal government owns more than 33% of the land area of such state. Requires, from amounts collected and deposited: (1) 50% of the amount collected from a conveyance to be distributed to the state in which the conveyance took place, and (2) the remaining 50% to be distributed equally between the remaining states identified pursuant to the preceding paragraph. Requires states receiving such funds to use them only for: (1) purchasing additional eligible parcels consistent with land use management under the Federal Land Policy and Management Act; and (2) complying with requirements under the Endangered Species Act of 1973, the Federal Water Pollution Control Act (commonly known as the Clean Water Act), and the National Environmental Policy Act of 1969 (NEPA). Requires the purchaser of an eligible federal lands parcel under this Act to cover the costs to be incurred, or to reimburse the BLM or the Forest Service for the costs incurred, in carrying out the conveyance. Excludes categorically a conveyance of an eligible federal lands parcel under this Act from the requirement to prepare an environmental assessment or an environmental impact statement under NEPA. (A categorical exclusion under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.) | Small Lands Tracts Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Telehealth Services for
Substance Use Disorders Act''.
SEC. 2. AUTHORITY NOT TO APPLY CERTAIN MEDICARE TELEHEALTH REQUIREMENTS
IN THE CASE OF CERTAIN TREATMENT OF A SUBSTANCE USE
DISORDER OR CO-OCCURRING MENTAL HEALTH DISORDER.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (2)(B)(i), by inserting ``and paragraph
(7)(E)'' after ``Subject to clause (ii)''; and
(2) by adding at the end the following new paragraphs:
``(7) Authority not to apply certain requirements in the
case of certain treatment of substance use disorder or co-
occurring mental health disorder.--
``(A) In general.--For purposes of payment under
this subsection, in the case of telehealth services
described in subparagraph (C) furnished on or after
January 1, 2020, to an eligible beneficiary (as defined
in subparagraph (F)) for the treatment of a substance
use disorder or a mental health disorder that is co-
occurring with a substance use disorder, the Secretary
is authorized to, through rulemaking, not apply any of
the requirements described in subparagraph (B).
``(B) Requirements described.--For purposes of this
paragraph, the requirements described in this
subparagraph are any of the following:
``(i) Qualifications for an originating
site under paragraph (4)(C)(ii).
``(ii) Geographic limitations under
paragraph (4)(C)(i).
``(C) Telehealth services described.--For purposes
of this paragraph, the telehealth services described in
this subparagraph are services that are both telehealth
services and identified by the Secretary, through
rulemaking, as services that are the most commonly
furnished (as defined by the Secretary) under this part
to individuals diagnosed with a substance use disorder
or a mental health disorder that is co-occurring with a
substance use disorder.
``(D) Clarification.--Nothing in this paragraph
shall be construed as limiting or otherwise affecting
the authority of the Secretary to limit or eliminate
the non-application pursuant to this paragraph of any
of the requirements under subparagraph (B).
``(E) Treatment of originating site facility fee.--
No facility fee shall be paid under paragraph (2)(B) to
an originating site with respect to a telehealth
service described in subparagraph (B) for which payment
is made under this subsection by reason of the non-
application of a requirement described in subparagraph
(B) pursuant to this paragraph if payment for such
service would not otherwise be permitted under this
subsection if such requirement were applied.
``(F) Eligible beneficiary defined.--For purposes
of this paragraph, the term `eligible beneficiary'
means an individual who--
``(i) is entitled to, or enrolled for,
benefits under part A and enrolled for benefits
under this part;
``(ii) has a diagnosis for a substance use
disorder; and
``(iii) meets such other criteria as the
Secretary determines appropriate.
``(G) Report.--Not later than 5 years after the
date of the enactment of this paragraph, the Secretary
shall submit to Congress a report on the impact of any
non-application under this paragraph of any of the
requirements described in subparagraph (B) on
``(i) the utilization of health care
services related to substance use disorder,
such as behavioral health services and
emergency department visits; and
``(ii) health outcomes related to substance
use disorder, such as substance use overdose
deaths.
``(H) Funding.--For purposes of carrying out this
paragraph, in addition to funds otherwise available,
the Secretary shall provide for the transfer, from the
Federal Supplementary Medical Insurance Trust Fund
under section 1841, of $3,000,000 to the Centers for
Medicare & Medicaid Services Program Management Account
to remain available until expended.
``(8) Rule of construction.--Nothing in this subsection may
be construed as waiving requirements under this title to comply
with applicable State law, including State licensure
requirements.''.
Amend the title so as to read: ``A bill to amend title
XVIII of the Social Security Act to provide the Secretary of
Health and Human Services authority not to apply certain
Medicare telehealth requirements in the case of certain
treatment of a substance use disorder or co-occurring mental
health disorder.''. | Access to Telehealth Services for Substance Use Disorders Act This bill authorizes the Centers for Medicare & Medicaid Services to waive certain requirements with respect to payment for telehealth services provided to a Medicare beneficiary who is receiving treatment for a substance-use disorder or a co-occurring mental-health disorder. | Access to Telehealth Services for Opioid Use Disorders Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Forces Command Act of 1998''.
SEC. 2. UNIFIED COMMAND FOR JOINT FORCES.
(a) In General.--Chapter 6 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 169. Joint forces command
``(a) Establishment.--With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through the
Secretary of Defense, shall establish under section 161 of this title a
unified combatant command for joint forces (hereinafter in this section
referred to as the `joint forces command'). The principal functions of
the command are--
``(1) to integrate elements of the different armed forces
into joint forces, to prepare those forces to be provided to
the commanders of other combatant commands to carry out
assigned missions, and to provide those forces as required by
those commanders; and
``(2) to design, develop, and carry out a process of joint
experimentation to assist in determining the future
capabilities, organization, and operational concepts of the
joint military force.
``(b) Assignment of Forces.--(1) Unless otherwise directed by the
Secretary of Defense, all active and reserve forces stationed in the
continental United States other than those specified in paragraph (2)
shall be assigned to the joint forces command.
(2) Special operations forces covered by section 167(b) of this
title and forces assigned to a functional combatant command shall not
be assigned to the joint forces command.
``(c) Grade of Commander; Selection.--(1) The commander of the
joint forces command shall hold the grade of general or, in the case of
an officer in the Navy, admiral, while serving in that position,
without vacating his permanent grade. The commander of such command
shall be appointed to that grade by the President, by and with the
advice and consent of the Senate, for service in that position.
``(2) The Secretary of Defense may recommend an officer to the
President for appointment as commander of the joint forces command only
after seeking a recommendation from the Secretary of each military
department for that recommendation. In the case of the Secretary of the
Navy, the Secretary of Defense shall seek a recommendation of both a
Navy officer and a Marine Corps officer.
``(d) Authority and Responsibilities of Combatant Commander.--(1)
In addition to the authority prescribed in section 164(c) of this
title, the commander of the joint forces command shall be responsible
for, and shall have the authority to conduct, all joint force
activities related to the responsibilities specified in paragraphs (2)
and (3) for forces assigned to that command in consultation with the
Chairman of the Joint Chiefs of Staff, and other activities as directed
by the Secretary of Defense.
``(2) In carrying out the function specified in subsection (a)(1),
the commander of the joint forces command shall be responsible for, and
shall have the authority to conduct, the following functions relating
to joint forces:
``(A) Planning, conducting, and assessing the joint
training of assigned forces, including joint task force command
and staff.
``(B) Developing joint doctrine, operational concepts, and
joint tactics, techniques, and procedures.
``(C) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for forces
assigned to the joint forces command.
``(D) Conducting `red team' vulnerability assessments
against fielded and developmental systems to determine whether
these systems are effective in countermeasure environments.
``(E) Integrating training facilities and areas of the
separate armed forces to assure consistency in the application
of joint doctrine, tactics, techniques, and procedures.
``(F) Conducting specialized joint courses of instruction
for commissioned and noncommissioned officers.
``(G) Assisting in the development of joint training and
analytical simulation systems.
``(H) Assessing the interoperability of equipment and
forces and making recommendations to the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff for the reduction
of unnecessary redundancy across equipment, forces, and
training and experimentation facilities and programs in the
continental United States.
``(I) Recommending plans to the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff to synchronize the
fielding of advanced technologies across the armed forces to
enable the development and execution of joint operational
concepts.
``(J) Submitting, reviewing, and making recommendations to
the Chairman of the Joint Chiefs of Staff on mission needs
statements and operational requirements documents for major
warfighting platforms, munitions, and enabling capabilities in
the areas of--
``(i) command, control, communications, and
computers;
``(ii) intelligence, surveillance, and
reconnaissance;
``(iii) logistics;
``(iv) force protection; and
``(v) other areas designated by the Secretary of
Defense.
``(K) Ensuring the joint readiness of forces assigned to
the joint forces command, in accordance with guidance from the
Chairman of the Joint Chiefs of Staff.
``(L) Monitoring the joint preparedness of joint forces
deployed from bases in the continental United States and
assigned to the commander of a unified combatant command other
than the joint forces command.
``(M) Integrating the capabilities of forces of the
different armed forces to achieve the joint warfighting
capabilities required by the commanders of the unified
combatant commands.
``(N) Providing trained and ready joint forces in support
of the mission requirements of the commanders of the unified
combatant commands.
``(3) In carrying out the function specified in subsection (a)(2),
the commander of the joint forces command shall be responsible for, and
shall have the authority to conduct, the following functions relating
to joint experimentation:
``(A) Developing a process of joint experimentation
comprised of simulations, wargames, vulnerability assessments,
experiments, and exercises conducted in virtual and actual
field environments.
``(B) Developing equipment required by the joint force in
the conduct of joint experimentation, to include the
identification and use of surrogate or real technologies,
platforms, and systems.
``(C) Establishing joint battle laboratories and
coordinating with battle laboratories of the different armed
forces to investigate advanced technologies, changes in
organizational structures, or new joint operational concepts.
``(D) Establishing or coordinating for the development of
joint training centers, to include urban warfare training
centers.
``(E) Establishing a Joint Concepts Development Center
focused on meeting future operational challenges.
``(F) Developing scenarios and measures of effectiveness
for experimentation activities.
``(G) Assessing the effectiveness of organizational
structures, operational concepts, and technologies, platforms,
and systems employed in joint experimentation activities.
``(H) Acquiring material, supplies, and services required
for the conduct of joint experimentation.
``(I) Exercising authority, direction, and control over the
expenditure of funds for the conduct of joint experimentation
activities of forces assigned to the joint forces command.
``(J) Integrating and testing in joint experiments those
systems and concepts which emerge from service or agency
experimentation activities.
``(K) Developing and recommending to the Chairman of the
Joint Chiefs of Staff requirements for future joint warfighting
capabilities.
``(L) Advising the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff in establishing priorities for joint
requirements and acquisition programs as they relate to joint
warfighting capabilities.
``(e) Joint Experimentation Force.--The commander of the joint
forces command shall establish with assigned forces from each of the
armed forces a joint experimentation force to carry out the commander's
joint experimentation responsibilities.
``(f) Annual Report on Joint Experimentation.--(1) The commander of
the joint forces command shall submit to the Secretary of Defense an
annual report describing the conduct of joint experimentation
activities by the command during the preceding year. Each such report
shall include the number of such activities and, for each such
activity, the following:
``(A) A description of the forces involved.
``(B) The operational challenges addressed.
``(C) The assessed results.
``(2) Each such report shall include the commander's comments on
the effect of each activity on the transformation process, to include
recommendations on the development or procurement of advanced
technologies, systems, or platforms, and recommendations for changes in
force structure, operational concepts, joint doctrine, and resource
allocation.
``(3) The Secretary of Defense shall submit to Congress the annual
report of the commander of the joint forces command under paragraph
(1), together with the comments of the Secretary and the Chairman of
the Joint Chiefs of Staff on the report. The Secretary shall submit the
report each year in conjunction with the submission of the President's
budget for the next fiscal year.
``(g) Budget.--(1) The Secretary of Defense shall establish a
separate major force program category for joint experimentation
activities. This program category shall be administered by the
commander of the joint forces command, who shall have planning,
programming, budgeting, and execution authority.
``(2) In addition to the activities of a combatant command for
which funding may be requested under section 166(b) of this title, the
budget proposal of the joint forces command shall include requests for
funding for the following:
``(A) Research and development of equipment required by the
joint force in the conduct of joint experimentation.
``(B) Procurement of material, supplies, and services
required for the conduct of joint experimentation.
``(C) Operations and maintenance expenditures associated
with the conduct of joint experimentation activities.
``(D) Operation of joint battle laboratories and joint
concept development centers.
``(3) Subject to the authority, direction, and control of the
Secretary of Defense, the commander of the joint forces command, in
carrying out his responsibilities under subsection (d), shall have
authority to exercise the functions of the head of an agency under
chapter 137 of this title.
``(h) Budget Support for Joint Force Activities.--(1) Before the
budget proposal for the joint forces command for any fiscal year is
submitted to the Secretary of Defense, the commander of the joint
forces command shall consult with the Secretaries of the military
departments concerning funding for joint force experimentation. If the
Secretary of a military department does not concur in the recommended
level of funding with respect to such experimentation that is under the
jurisdiction of the Secretary, the commander shall include with the
budget proposal submitted to the Secretary of Defense the views of the
Secretary of the military department concerning such funding.
``(2) Before the budget proposal for a military department for any
fiscal year is submitted to the Secretary of Defense, the Secretary of
that military department shall consult with the commander of the joint
forces command concerning funding for participation in joint
experimentation in the military personnel, operations and maintenance,
procurement, or research and development account in that military
department. If the commander of the joint forces command does not
concur in the recommended level of funding with respect to joint
experimentation activities, the Secretary shall include with the budget
proposal submitted to the Secretary of Defense the views of the
commander of joint forces command.
``(i) Staff for Commander, Joint Forces Command.--(1) The Secretary
of Defense shall provide sufficient staff for the commander of the
joint forces command to carry out his duties and responsibilities,
including particularly his duties relating to the following functions:
``(A) Developing equipment and acquiring material,
supplies, and services required for the process of joint
experimentation.
``(B) Designing, conducting, and assessing joint
experimentation activities.
``(C) Operating joint battle laboratories and concept
development centers.
``(D) Managing assigned resources from the major force
program category for joint experimentation activities of the
Future-Years Defense Plan of the Department as required to be
created pursuant to subsection (g).
``(2) The commander of the joint forces command shall appoint an
acquisition executive with appropriate authority to conduct all
required contracting actions and reviews associated with research and
development and procurement programs.
``(3) The staff of the joint forces command shall include an
inspector general who shall conduct internal audits and inspections of
purchasing and contracting actions through the joint forces command and
such other inspector general functions as may be assigned.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for the activities of the joint forces command. Those
regulations shall include authorization for the commander of the
command to provide operational security of joint forces while under
that commander's combatant command authority during joint activities
conducted in the continental United States.
``(k) Continental United States.--In this section, the term
`continental United States' means the 48 contiguous States and the
District of Columbia.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``169. Joint forces command.''.
SEC. 3. IMPLEMENTATION.
(a) Effective Date.--The joint forces command required to be
established by section 169 of title 10, United States Code, as added by
section 2, shall be established not later than October 1, 1999.
(b) Implementation Plan.--The Secretary of Defense shall submit to
Congress an implementation plan for the joint forces command. The plan
shall be submitted in conjunction with submission of the President's
budget for fiscal year 2000.
(c) Initial Budgeting.--The Secretary of Defense shall request
funding for the implementation of joint forces command in the
President's budget for fiscal year 2000. Funding for a major force
program category for joint experimentation shall be included in the
President's budget beginning with fiscal year 2001. | Joint Forces Command Act of 1998 - Directs the President to establish a unified combatant command for joint forces which shall: (1) integrate elements of the various service branches into joint forces, prepare such forces for their assigned mission, and provide such forces as required by combatant commanders; and (2) design, develop, and carry out joint experimentation to assist in determining the future capabilities, organization, and operational concepts of the joint military force.
Provides for: (1) joint forces command assignments; (2) authorities and responsibilities of the combatant commander; (3) the establishment within such command of a joint experimentation force; (4) annual reports from the joint commander to the Secretary of Defense describing joint experimentation activities conducted (requiring such reports to be transmitted to the Congress, along with the Secretary's comments); (5) the establishment by the Secretary of a separate major force program budget category for joint experimentation activities; (6) funding determinations for joint force experimentation; and (7) joint command staffing.
Requires the: (1) joint force command to be established no later than October 1, 1999; and (2) Secretary to submit an implementation plan and initial budgeting request for such command. | Joint Forces Command Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing food-based Inorganic
Compounds Exposure Act of 2015'' or the ``RICE Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the World Health Organization, arsenic is
a natural component of the Earth's crust and is widely and
variably distributed throughout the environment in the air,
water, and land. It is also used commercially in herbicides and
poultry feed.
(2) Arsenic is most toxic in its inorganic form.
(3) Inorganic arsenic is a known carcinogen and long-term
oral exposure to high levels of inorganic arsenic is associated
with developmental defects, cardiovascular disease,
neurotoxicity, and diabetes, according to the World Health
Organization.
(4) According to the European Food Safety Authority, the
estimated exposure of young children to inorganic arsenic is 2
to 3 times the exposure of adults to inorganic arsenic.
(5) According to the European Food Safety Authority, diet
is the main source of arsenic exposure for most individuals.
(6) According to the Food and Drug Administration, due to
absorption from the soil and water, arsenic is present in many
foods, including grains, fruits, and vegetables.
(7) Rice takes up inorganic arsenic from soil and water
more readily than other grains, according to the Food and Drug
Administration.
(8) Rice is a staple food in the diet of many individuals
in the United States and is often one of the first foods fed to
infants. According to the Food and Drug Administration,
inorganic arsenic has been detected in an infant's first foods,
such as infant rice cereal and brown rice syrup used in an
increasing number of products including toddler formula and
snack bars. Inorganic arsenic is also found in other rice
products including children's breakfast cereals and rice
itself. Rice may continue to be a large part of the diet of
children who have swallowing difficulties and gastrointestinal
reflux, according to the American Academy of Pediatrics.
(9) The Food and Drug Administration's analysis of
approximately 1,300 samples found that the average levels of
inorganic arsenic for various rice and rice products are 0.1 to
7.2 micrograms per serving.
(10) The Environmental Protection Agency limits
concentrations of arsenic in all forms in drinking water to 10
parts per billion. The Food and Drug Administration has
established a limit of 10 parts per billion in bottled water,
and has also proposed a limit of 10 parts per billion in apple
juice. However, there are no Federal limits for arsenic in most
foods, including rice for adults and children or baby foods.
SEC. 3. ESTABLISHMENT OF LIMITATION ON INORGANIC ARSENIC IN RICE AND
RICE PRODUCTS.
(a) Regulation Required.--For the purpose of protecting the public
health, not later than the day that is 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs and acting under the
Secretary's authority under chapter IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 341 et seq.), shall promulgate a final
regulation establishing the minimum quantity of inorganic arsenic
contained in rice or a rice product which shall cause the rice or rice
product, respectively, to be deemed to be adulterated under section 402
of such Act (21 U.S.C. 343).
(b) Scope of Regulation.--The minimum quantity established under
subsection (a) shall apply to rice and rice products containing
inorganic arsenic regardless of whether the arsenic is present as a
result of a natural process, an ingredient added to a food, the use of
a pesticide, or other means.
(c) Regulation Includes Tolerances.--The regulation under
subsection (a) shall include the establishment of a tolerance under
section 406 and section 408 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346; 346a).
(d) Minimum Stringency.--The standard established under subsection
(a) (and any subsequent revision thereto) for inorganic arsenic
contained in rice or a rice product shall--
(1) be based on the maximum achievable reduction in health
risks to individuals, taking into account the cancer effects,
neurodevelopmental effects, and other health effects of arsenic
exposure;
(2) be protective of the long-term health of children,
taking into account--
(A) the differing eating patterns of children;
(B) the rate of brain development in children;
(C) any differences in the metabolization of
arsenic in children, as compared to adults; and
(D) the fact that children have a longer expected
life span than adults; and
(3) include separate standards for rice milk and other
frequently consumed rice-based foods, especially rice-based
foods frequently consumed by infants and children.
(e) Definitions.--For purposes of this Act:
(1) Food.--The term ``food'' has the meaning given such
term in section 201(f) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(f)).
(2) Inorganic arsenic.--The term ``inorganic arsenic''
means inorganic arsenic and its metabolites.
(3) Rice.--The term ``rice'' means a food that is rice.
(4) Rice product.--The term ``rice product'' means a food
that contains an ingredient made from rice.
SEC. 4. REPORT ON INORGANIC ARSENIC IN RICE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Congress on inorganic arsenic in rice
grown in the United States.
(b) Contents.--The report under subsection (a) shall include--
(1) an analysis of--
(A) the agronomy and production management
practices that will reduce inorganic arsenic in rice;
(B) the germplasm analysis and breeding that may
reduce inorganic arsenic in rice;
(C) the analytical technology improvements needed
to address the issue of inorganic arsenic in rice; and
(D) the current efforts of Federal agencies to
reduce inorganic arsenic in the food supply;
(2) recommendations for actions by the Federal Government
in order to reduce the presence of inorganic arsenic in rice
grown in the United States; and
(3) recommendations for additional research on inorganic
arsenic in rice, including the estimated cost for such
research. | Reducing food-based Inorganic Compounds Exposure Act of 2015 or the RICE Act This bill directs the Food and Drug Administration to promulgate a final regulation establishing the minimum quantity of inorganic arsenic contained in rice or a rice product that will cause sale of the rice or rice product to be prohibited. The regulation must: (1) apply the minimum quantity to rice and rice products regardless of the origin of the arsenic, (2) include the establishment of tolerances, and (3) establish a standard for inorganic arsenic that is based on the maximum achievable reduction in health risks and is protective of the long-term health of children. | Reducing food-based Inorganic Compounds Exposure Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World University Games Commemorative
Coin Act of 1993''.
SEC. 2. COIN SPECIFICATIONS.
(a) Five-Dollar Gold Coins.--
(1) Issuance.--The Secretary of the Treasury (hereinafter
in this Act referred to as the ``Secretary'') shall issue not
more than 200,000 five-dollar coins which shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) Design.--The design of such five-dollar coins shall be
emblematic of the participation of American athletes in the
World University Games. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``1993'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(b) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary shall issue not more than
750,000 one-dollar coins which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) Design.--The design of such dollar coins shall be
emblematic of the participation of American athletes in the
World University Games. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``1993'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(c) Legal Tender.--The coins issued under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
(a) Silver Bullion.--The Secretary shall obtain silver for the
coins minted under this Act only from stockpiles established under the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.).
(b) Gold Bullion.--The Secretary shall obtain gold for the coins
minted under this Act pursuant to the authority of the Secretary under
existing law.
SEC. 4. SELECTION OF DESIGN.
The design for each coin authorized by this Act shall be selected
by the Secretary, after consultation with the Greater Buffalo Athletic
Corporation and the Commission of Fine Arts. As required under section
5135 of title 31, United States Code, the design shall also be reviewed
by the Citizens Commemorative Advisory Committee.
SEC. 5. SALE OF THE COINS.
(a) Sale Price.--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, and overhead expenses).
(b) Bulk Sales.--The Secretary shall make bulk sales at a
reasonable discount.
(c) Prepaid Orders at a Discount.--The Secretary shall accept
prepaid orders for the coins prior to the issuance of such coins. Sales
under this subsection shall be at a reasonable discount.
(d) Surcharge Required.--All sales shall include a surcharge of $35
per coin for the five-dollar coins and $7 per coin for the one-dollar
coins.
SEC. 6. ISSUANCE OF THE COINS.
(a) Gold Coins.--The five-dollar coins authorized under this Act
shall be issued in uncirculated and proof qualities and shall be struck
at the United States Bullion Depository at West Point.
(b) Silver Coins.--The one-dollar coins authorized under this Act
may be issued in uncirculated and proof qualities, except that not more
than 1 facility of the United States Mint may be used to strike each
such quality.
(c) Commencement of Issuance.--The coins authorized and minted
under this Act may be issued beginning on July 1, 1993.
(d) Termination of Authority.--Coins may not be minted under this
Act after June 30, 1994.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public contracts shall
be applicable to the procurement of goods or services necessary for
carrying out the provisions of this Act. Nothing in this section shall
relieve any person entering into a contract under the authority of this
Act from complying with any law relating to equal employment
opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
All surcharges which are received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Greater Buffalo Athletic Corporation. Such amounts shall be used by
the Greater Buffalo Athletic Corporation to support local or community
amateur athletic programs, to erect facilities for the use of such
athletes, and to underwrite the cost of sponsoring the World University
Games.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the Greater Buffalo Athletic
Corporation as may be related to the expenditures of amounts paid under
section 8.
SEC. 10. NUMISMATIC PUBLIC ENTERPRISE FUND.
The coins issued under this Act are subject to the provisions
section 5134 of title 31, United States Code, relating to the
Numismatic Public Enterprise Fund.
SEC. 11. FINANCIAL ASSURANCES.
It is the sense of the Congress that this coin program should be
self-sustaining and should be administered in a manner that results in
no net cost to the Numismatic Public Enterprise Fund. | World University Games Commemorative Coin Act of 1993 - Authorizes the minting and issuance of five-dollar gold coins and one-dollar silver coins to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games. | World University Games Commemorative Coin Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brooke Amendment Restoration Act''.
SEC. 2. DISCRETION FOR PUBLIC HOUSING AGENCIES TO ESTABLISH RENTAL
CONTRIBUTIONS OF LESS, BUT NOT MORE, THAN 30 PERCENT OF
ASSISTED FAMILIES' INCOMES.
The third sentence of section 3(a)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(a)(1)) is amended by inserting ``an amount
(determined by the public housing agency) that does not exceed'' before
``the highest of the following amounts''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Section 8 Vouchers.--Section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) is amended--
(1) in paragraph (2), by inserting ``an amount (determined
by the public housing agency) that is not less than'' after
``shall be''; and
(2) in paragraph (11)(B)(ii), by inserting ``an amount
(determined by the public housing agency) that is not less
than'' after ``shall be''.
(b) Section 8 Certificates.--Section 8(c)(3) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(3)(A)) is amended--
(1) in subparagraph (A), by striking the first sentence and
inserting the following new sentence: ``The amount of the
monthly assistance payment with respect to any dwelling unit
shall be the difference between the maximum monthly rent which
the contract provides that the owner is to receive for the unit
and (i) in the case of tenant-based assistance, the rent the
family is required by the public housing agency to pay pursuant
to section 3(a), and (ii) in the case of project-based
assistance, the maximum amount of rent authorized to be charged
under section 3(a) to the family.''; and
(2) in subparagraph (B)(i), in the matter preceding
subclause (I), by striking ``that'' and inserting ``the maximum
amount''.
(c) Section 8 Assistance for Manufactured Homes.--Section 8(j) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(j)) is amended--
(1) in paragraph (2)(B), by striking ``to pay under'' and
inserting ``by the public housing agency (or in the case of
contracts under paragraph (1)(B), the Secretary) to pay
pursuant to''; and
(2) in paragraph (3)(B), by striking ``to pay under'' and
inserting ``by the public housing agency (or in the case of
contracts under paragraph (1)(B), the Secretary) to pay
pursuant to''.
(d) Section 8 Homeownership.--Section 8(y)(2)(A) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(y)(2)(A)) is amended by
striking ``30 percent of the family's monthly adjusted income'' and
inserting ``the amount the family is required by the public housing
agency to pay pursuant to section 3(a)''.
(e) Public Housing Homeownership and Management Opportunities.--
Section 21(b)(4)(B) of the United States Housing Act of 1937 (42 U.S.C.
1437s(b)(4)(B)) is amended by striking ``required'' and inserting ``the
maximum amount authorized''.
(f) Documentation of Excessive Rent Burdens.--Section 550(b)(2) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437f
note) is amended by striking ``amount determined'' each place it
appears and inserting ``maximum amount authorized''.
(g) Public Housing Mixed-Income New Communities Strategy
Demonstration.--Section 522(e)(4) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 1437f note) is amended by striking
``equal to'' and inserting ``not exceeding''.
(h) Supportive Housing for Elderly Families.--Section 202(c) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by striking ``any part
of the'';
(B) in the first sentence, by striking ``is not
met'' and inserting ``are not met''; and
(C) in the second sentence, by inserting before the
period at the end the following: ``, and shall be
determined assuming tenant rent contributions of the
maximum amount allowable under paragraph (3)''; and
(2) in paragraph (3), by inserting ``an amount that does
not exceed'' before ``the highest''.
(i) Supportive Housing for Persons With Disabilities.--Section
811(d) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by striking ``any part
of the'';
(B) in the first sentence, by striking ``is not
met'' and inserting ``are not met''; and
(C) in the second sentence, by inserting before the
period at the end the following: ``, and shall be
determined assuming tenant rent contributions of the
maximum amount allowable under paragraph (3)''; and
(2) in paragraph (3), by inserting ``an amount that does
not exceed'' before ``the higher''.
(j) Grants for Community Residences for Persons With AIDS.--Section
861(b)(1)(B) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12910(b)(1)(B)) is amended--
(1) in the matter preceding clause (i), by striking ``an
amount equal to the following'' and inserting ``the following
amount''; and
(2) in clause (i), by striking ``the amount of rent'' and
inserting ``an amount that does not exceed the maximum amount
of rent authorized to be''.
(k) HOME Program.--The second sentence of section 215(a)(3) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12745(a)(3)) is amended by inserting ``an amount (determined by the
participating jurisdiction that provides the assistance for the
housing) that does not exceed'' after ``pay as rent''.
(l) Section 236 Rental Assistance.--Section 236(f) of the National
Housing Act (12 U.S.C. 1715z-1(f)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by striking
``represents'' and inserting ``does not exceed'';
(B) in the fourth sentence, by striking
``represents'' and inserting ``does not exceed''; and
(C) in the fifth sentence, by striking clause (ii)
and inserting the following new clause:
``(ii) to permit a decrease of the amount otherwise charged
for rental for such dwelling units by such an amount as the
Secretary determines represents a proportionate decrease for
the utility charges to be paid by such tenant.''; and
(2) in paragraph (2)--
(A) in the second sentence, by inserting ``that
would be'' before ``required''; and
(B) by inserting after subparagraph (C) the
following new sentence:
``Notwithstanding the amount of additional assistance payments
determined under the preceding sentence, the amount of rent paid by the
tenant may be established at an amount less than the highest of the
amounts under subparagraphs (A), (B), and (C), and establishment of
such rent shall not affect the amount of the additional assistance
payments under this paragraph.''.
(m) Tenant Rent Increases.--Section 206(d)(6) of the Housing and
Urban-Rural Recovery Act of 1983 (42 U.S.C. 1437a note) is amended by
striking ``an amount'' and all that follows through ``payment for the
tenant'' and inserting ``the amount that the tenant pays for rent
pursuant to''.
(n) Shelter Plus Care Program for Homeless Families.--Section 458
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403e-2)
is amended by striking ``in accordance with the provisions of'' and
inserting ``by the recipient that does not exceed the maximum amount
authorized under''.
(o) Housing for Rural Homeless and Migrant Farm Workers.--Section
516(k)(3)(D) of the Housing Act of 1949 (42 U.S.C. 1486(k)(3)(D)) is
amended by striking ``in accordance with the provisions of'' and
inserting ``by the recipient that does not exceed the maximum amount
authorized under''.
(p) Rural Housing Voucher Program.--The third sentence of section
542(a) of the Housing Act of 1949 (42 U.S.C. 1490r(a)) is amended by
inserting ``an amount that is not less than'' after ``shall be''.
SEC. 3. RULE OF CONSTRUCTION.
(a) In General.--The amendments made by this Act may not be
construed to authorize, result in, or require any increase in the
amount of assistance provided by the Secretary of Housing and Urban
Development--
(1) to any public housing agency under any annual
contributions contract for tenant-based rental or homeownership
assistance under section 8 of the United States Housing Act of
1937; or
(2) under any contract or other arrangement under any
program for housing assistance that is subject to any provision
so amended.
(b) Exception for Public Housing.--Subsection (a) shall not apply
to any amendment made by this Act that relates to assistance for public
housing to the extent only that such amendment relates to assistance
for such housing. To the extent that the amendment affects assistance
for other housing, subsection (a) shall apply to the amendment. | Brooke Amendment Restoration Act - Amends the following Acts with respect to certain housing program rental contributions: (1) the United States Housing Act of 1937; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Housing Act of 1959; (4) the National Housing Act; (5) the Housing and Urban-Rural Recovery Act of 1983; (6) the Stewart B. Mckinney Homeless Assistance Act; and (7) the Housing Act of 1949. | Brooke Amendment Restoration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caribbean Regional Assistance Act of
2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The 16 countries of the Caribbean region constitute a
``third border'' with the United States because of the
proximity and importance of countries in this region as a
tourist destination.
(2) Unemployment, weak judicial systems, environmental
degradation, and natural disasters in the Caribbean region
directly affect the well-being of the United States and the
future of the countries in this region will inevitably affect
the future of the United States.
(3) The public sector in many Caribbean countries lacks
appropriate training and clearly defined authority and needs to
become more efficient.
(4) In the 1990's economic growth in the Caribbean region
lagged seriously behind economic growth in the Latin American
region. This discrepancy will produce significantly lower
living standards and lower levels of tax revenues with which to
address critical social needs for the Caribbean region.
(5) Highly trained labor is often unavailable in the
Caribbean region and governmental red tape limits the ability
of the private sector to take full advantage of opportunities
in the world marketplace.
(6) Heavy reliance on relatively few exports and tourism
products and the relatively high cost of transportation and
telecommunications services further constrain growth in the
Caribbean region.
(7) A more regional corporate strategy for business success
and competition in the global marketplace needs to be developed
for the Caribbean region.
(8) Many small Caribbean countries are facing severe
economic and social stress due to the decline in banana
production and the prospective loss or curtailment of existing
European Union trade preferences.
(9) Economic displacement of small farmers and individuals
employed in the supporting infrastructure of the banana
industry--individuals who comprise approximately 50 percent of
the workforce of some Caribbean countries--will continue and
will place added pressures on the economies of these countries.
(10) In the small open economies of countries in the
Caribbean region, growth can only be achieved as the policies
and products of these countries, both goods and services,
become increasingly competitive in the global market.
(11) Deterioration in economic, social, and political
conditions in the small countries of the Caribbean region is
leading to increased crime in the region and increased illegal
immigration to the United States.
(12) The United States is also concerned about narcotics
trafficking in the Caribbean region, particularly with respect
to continuing bilateral cooperation with Caribbean governments
in drug interdiction and combating money laundering.
(13) The economic and social development of the Caribbean
region depends on the efficiency and fairness of the legal
systems of this region. There is a widespread perception that
the legal systems in the Caribbean region are inefficient and
ineffective and that the administration of law and the quality
of justice that is rendered needs to be improved.
(14) The ecosystems which sustain the economies of the
countries of the Caribbean region, whether based on
agriculture, fisheries, or tourism, are under severe and
increasing stress.
(15) Environmental problems in the Caribbean region arise
from inadequate and inappropriate waste management, land use
practices, and coastal zone management.
(16) The Caribbean region currently has the highest HIV/
AIDS prevalence rate of any region in the world other than sub-
Saharan Africa. Out of the 12 countries with the highest HIV/
AIDS prevalence rates in Latin America and the Caribbean
region, 9 are in the Caribbean region. HIV/AIDS has spread to
the general population in 5 countries in the Caribbean region,
and in other Caribbean countries the epidemic is accelerating
rapidly and is poised to strike the remaining general
populations.
(17) The enactment in 1983 of the Caribbean Basin Economic
Recovery Act represented a successful commitment by the United
States to encourage the development of strong democratic
governments and revitalized economies in neighboring countries
in the Caribbean region.
(18) In May 1997, United States and Caribbean leaders met
in Bridgetown, Barbados, and pledged to strengthen cooperation
in responding to the challenges of the coming millennium.
(19) The Bridgetown Barbados Summit commits the United
States and signatory Caribbean countries to a Plan of Action in
the areas of trade, economic development, and justice and
security.
(20) In April 1998 leaders from the Western Hemisphere
nations met in Santiago, Chile, and noted in their summit
declaration that ``the real economic benefits in the Americas
[result] from more open trade, transparency in economic
regulations, sound market-based policies, as well as efforts by
the private sector to increase competitiveness''.
(21) The United States is committed to completing a Free
Trade Area of the Americas (FTAA) process by 2005 in order to
expand markets for United States goods and services and to help
ensure safe destinations for United States foreign investment.
SEC. 3. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961.
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:
``CHAPTER 13--ASSISTANCE FOR THE CARIBBEAN REGION
``SEC. 499N. PURPOSE.
``The purpose of this chapter is to provide assistance for the
countries of the Caribbean region to promote broad-based, sustainable,
and successful economic development and growth that emphasizes small
economy diversification, technical training, trade enhancement,
judicial reform, environmental management, and other related goals.
``SEC. 499O. AUTHORIZATION.
``The President, acting through the Administrator of the United
States Agency for International Development, is authorized to establish
and carry out a coordinated program to provide assistance for the
countries of the Caribbean region to support the economic and
development activities described in section 499P.
``SEC. 499P. ACTIVITIES.
``Activities that may be supported by assistance under section 499O
include the following:
``(1) Improvement of governmental institutions.--Activities
to improve the quality and capacity of governmental
institutions of countries of the Caribbean region, including
activities--
``(A) to provide technical assistance and training
for institutions that provide customs services, revenue
collection, or institutions which promote investment
opportunities;
``(B) to provide assistance for specialized
training to judges and magistrates in order to improve
efficiency and to reduce case backlogs of Caribbean
court systems; and
``(C) to coordinate and consolidate administrative
procedures and to expand the use of alternative dispute
resolution mechanisms.
``(2) Economic diversification.--Activities to improve the
economic diversification of countries of the Caribbean region,
including activities--
``(A) to provide technical assistance and training
to such countries to develop more focused regional
business strategies to increase the development of new
businesses and stimulate competition among businesses;
``(B) to increase lending assistance to small and
micro-enterprises, to improve institutions that provide
training for such enterprises, and to enhance the
ability of such enterprises to market products and
increase production capacity;
``(C) to promote compliance by such countries and
regional organizations with the World Trade
Organization (WTO) and the proposed Free Trade Area of
the Americas (FTAA);
``(D) to promote the tourism industry of the
Caribbean region through the development of community-
based tourism, sustainable tourism, and public-private
partnerships; and
``(E) to promote the diversification of the
agricultural sector by improving the production and
marketing of competitive, non-traditional agricultural
commodities.
``(3) Environmental management.--Activities to increase the
capacity of governments of countries of the Caribbean region to
provide environmental management services, including
activities--
``(A) to fund programs to strengthen environmental
management organizations and legal frameworks; and
``(B) to increase public awareness of and encourage
public compliance with environmental regulations.
``(4) HIV/AIDS prevention and treatment.--Activities to
reduce the rate of HIV/AIDS in countries of the Caribbean
region and to provide treatment for individuals with HIV/AIDS
in such region.
``SEC. 499Q. CREDIT ASSISTANCE.
``In carrying out the program authorized under section 499O, the
President is encouraged to provide credit assistance to carry out the
economic and development activities described in section 499P. The
provisions of section 107A(d) (relating to general provisions
applicable to development credit authority), as proposed to be added to
this Act by section 306 of H.R. 1486 (as reported in the House of
Representatives in the 105th Congress), shall apply with respect to
credit assistance provided under the program.
``SEC. 499R. DEFINITIONS.
``In this chapter:
``(1) Countries of the caribbean region.--The term
`countries of the Caribbean region'--
``(A) means Antigua and Barbuda, the Commonwealth
of the Bahamas, Barbados, Belize, the Commonwealth of
Dominica, the Dominican Republic, Grenada, the Co-
operative Republic of Guyana, the Republic of Haiti,
Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint
Vincent and the Grenadines, the Republic of Suriname,
and the Republic of Trinidad and Tobago; and
``(B) includes Montserrat.
``(2) HIV/AIDS.--The term `HIV/AIDS' means infection with
the human immunodeficiency virus. Such term includes the
acquired immune deficiency syndrome.
``SEC. 499S. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In addition to amounts otherwise available for
the purposes of this chapter, there are authorized to be appropriated
to carry out this chapter $8,000,000 for each of the fiscal years 2002
through 2006.
``(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.''.
SEC. 4. USAID OFFICE FOR THE CARIBBEAN REGION.
The Administrator of the United States Agency for International
Development is authorized to establish an office in Bridgetown,
Barbados, or in another appropriate country in the Caribbean region,
for the purpose of carrying out chapter 13 of part I of the Foreign
Assistance Act of 1961, as added by section 3 of this Act.
SEC. 5. REPORT.
(a) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the United
States Agency for International Development shall prepare and
submit to the appropriate congressional committees a report
that contains a proposed plan to implement chapter 13 of part I
of the Foreign Assistance Act of 1961, as added by section 3 of
this Act.
(2) Plan requirements.--The plan referred to in paragraph
(1) shall contain, at a minimum, the following:
(A) Key objectives for assistance to be provided
under chapter 13 of part I of the Foreign Assistance
Act of 1961 for countries in the Caribbean region.
(B) Actions required to support and achieve such
objectives, including a schedule and cost estimates for
implementing such actions.
(C) A description of the benchmarks to be used to
measure the progress toward such objectives.
(D) A description of how such objectives relate to
and affect the overall United States objectives for the
Western Hemisphere and worldwide.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate. | Caribbean Regional Assistance Act of 2001 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide U.S. credit assistance to countries of the Caribbean region to promote broad-based, sustainable, and successful economic development and growth that emphasizes activities to: (1) improve the quality and capacity of governmental institutions of countries of the Caribbean region; (2) improve economic diversification there; (3) increase the capacity of such governments to provide environmental management services; and (4) reduce the rate of, and provide for the treatment of individuals with, HIV/AIDS in such region.Authorizes the Administrator of the U.S. Agency for International Development to establish an office in Bridgetown, Barbados, or in another appropriate country in the Caribbean region, for the purpose of carrying out the activities contained in this Act. | To amend the Foreign Assistance Act of 1961 to establish a coordinated program to provide economic and development assistance for the countries of the Caribbean region. |
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