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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Board Civil Rights
Compliance Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The passage of the Civil Rights Act of 1964 was a
milestone embodying a national policy of equal protection under
the law regardless of race, color, religion, sex, or national
origin.
(2) Title VII of the Civil Rights Act of 1964 protects
individuals against discrimination in the workplace.
(3) Section 717 of title VII of such Act applies to all
personnel actions affecting employees and applicants for
employment in an ``executive agency''.
(4) An ``executive agency'' is defined in section 105 of
title 5, United States Code, to include an ``independent
establishment'' in the executive branch.
(5) The Board of Governors of the Federal Reserve System
exercises extensive regulatory and enforcement authority as a
Federal banking agency (as defined in section 3 of the Federal
Deposit Insurance Act) with regard to State banks which are
members of a Federal reserve bank, bank holding companies, and
foreign bank operations in the United States under the Federal
Reserve Act, the Bank Holding Company Act of 1956, the Banking
Act of 1933, the International Banking Act of 1978, the Federal
Deposit Insurance Act, and other Federal laws, including the
authority to remove directors, officers, and employees from
their positions in banks and bank holding companies, the
authority to impose large civil money penalties, and the
authority to order the divestiture of banks by bank holding
companies.
(6) The Supreme Court of the United States has stated in
the case of Bowsher, Comptroller General of the United States
v. Synar, Member of Congress, et al., 478 U.S. 714, 733 (1986),
that ``[i]nterpreting a law enacted by Congress to implement
the legislative mandate is the very essence of `execution' of
the law'' and noted that the exercise of judgment concerning
facts that affect the application of an Act is typically made
by officers charged with executing a statute, ibid.
(7) The activities of the Board of Governors of the Federal
Reserve System clearly constitute ``execution of the law'' and
the Board is, therefore, clearly and unambiguously an
independent establishment in the executive branch (as such term
is used in section 104 of title 5, United States Code).
(8) The Equal Employment Opportunity Commission, which is
responsible for enforcing compliance with title VII of the
Civil Rights Act of 1964, has consistently and properly
interpreted title VII as applying to the Board of Governors of
the Federal Reserve System.
(9) The United States Court of Appeals for the District of
Columbia Circuit established, in the case of Hilliard v.
Volcker, 659 F.2d 1125 (D.C. Cir. 1981), that the Board of
Governors of the Federal Reserve System is an executive agency
within the meaning of section 105 of title 5, United States
Code, and section 717 of title VII of the Civil Rights Act of
1964.
(10) The Board of Governors of the Federal Reserve System
did not argue to the contrary while the case of Hilliard v.
Volcker was before the United States Court of Appeals for the
District of Columbia Circuit.
(11) On October 17, 1994, a jury in the case Bennett v.
Greenspan, C.A. No. 98-0813-RMU, (Dt. D.C.) found the Board of
Governors of the Federal Reserve liable for racial
discrimination, and retaliation, in violation of title VII of
the Civil Rights Act of 1964.
(12) The Board of Governors of the Federal Reserve System
has repeatedly suggested in correspondence with the Congress
that such Board is not an executive agency under section 105 of
title 5, United States Code, and is therefore not covered by
title VII of the Civil Rights Act of 1964.
(13) The Board of Governors of the Federal Reserve System
has acted inconsistently with current law in suggesting,
despite--
(A) the unambiguous meaning of section 105 of title
5, United States Code,
(B) the unambiguous language title VII of the Civil
Rights Act of 1964, and
(C) the clear applicability of title VII of the
Civil Rights Act of 1964 to the Board of Governors of
the Federal Reserve in several cases brought against
the Board in the courts of the United States,
that the Board is not covered by title VII of the Civil Rights
Act of 1964.
SEC. 3. REQUIRED POSTING OF NOTICES.
The Board of Governors of the Federal Reserve System shall post and
keep posted in conspicuous places upon its premises where such notices
to employees and applicants for employment are customarily posted, and
at such other places as the Equal Employment Opportunity Commission may
determine, a notice to be prepared or approved by the Commission
setting forth--
(1) excerpts from or summaries of the pertinent provisions
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.), and
(2) information pertinent to the rights and procedures
applicable under such Acts to employees of, and applicants for
employment by, the Board.
SEC. 4. REPORT ON COMPLIANCE.
Not later than 180 days after the date of the enactment of this
Act, the Board of Governors of the Federal Reserve System shall submit
a report, to the Committee on Banking and Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, describing in detail the actions taken by
the Board to achieve compliance with section 717 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-16). | Federal Reserve Board Civil Rights Compliance Act of 1999 - Directs the Board of Governors of the Federal Reserve System to post at its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth excerpts from or summaries of the pertinent provisions of title VII of the Civil Rights Act of 1964 and information pertinent to the rights and procedures applicable under such Act to Board employees and applicants. Requires the Board to report to the congressional banking committees on actions it has taken to achieve compliance with such Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Opportunity Tax Credit
Extension Act of 2010''.
SEC. 2. INCREASES IN HOPE SCHOLARSHIP CREDIT MADE PERMANENT.
(a) In General.--Subparagraphs (A) and (B) of section 25A(b)(1) of
the Internal Revenue Code of 1986 (relating to Hope Scholarship Credit)
are amended to read as follows:
``(A) 100 percent of so much of the qualified
tuition and related expenses paid by the taxpayer
during the taxable year (for education furnished to the
eligible student during any academic period beginning
in such taxable year) as does not exceed $2,000, plus
``(B) 25 percent of such expenses so paid as
exceeds $2,000 but does not exceed the applicable
limit.''.
(b) Credit Allowed for First 4 Years of Post-Secondary Education.--
Subparagraphs (A) and (C) of section 25A(b)(2) of such Code are amended
by striking ``2'' each place it appears and inserting ``4''.
(c) Qualified Tuition and Related Expenses To Include Required
Course Materials.--Subparagraph (A) of section 25A(f)(1) of such Code
is amended by striking ``and fees'' and inserting ``, fees, and course
materials''.
(d) Increase in AGI Limits.--
(1) In general.--Paragraph (2) of section 25A(d) of such
Code is amended to read as follows:
``(2) Amount of reduction.--
``(A) Hope scholarship credit.--In the case of the
Hope Scholarship Credit, the amount determined under
this paragraph is the amount which bears the same ratio
to the credit which would be determined under
subsection (a)(1) (without regard to this subsection)
as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $80,000 ($160,000 in the
case of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(B) Lifetime learning credit.--In the case of the
Lifetime Learning Credit, the amount determined under
this paragraph is the amount which bears the same ratio
to the credit which would be determined under
subsection (a)(2) (without regard to this subsection)
as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $40,000 ($80,000 in the case
of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).''.
(2) Conforming amendments to inflation adjustments.--
(A) Amount of credit.--Subparagraph (A) of section
25A(h)(1) of such Code is amended--
(i) by striking ``2001'' and inserting
``2010'',
(ii) by striking ``calendar year 2000'' and
inserting ``calendar year 2009'', and
(iii) by striking ``$1,000'' and inserting
``$2,000''.
(B) Income limits.--
(i) Paragraph (2) of section 25A(h) of such
Code is amended by redesignating subparagraphs
(A) and (B) as subparagraphs (B) and (C),
respectively, and by inserting before
subparagraph (B) (as so redesignated) the
following new subparagraph:
``(A) Hope scholarship credit.--In the case of a
taxable year beginning after 2010, the $80,000 and
$160,000 amounts in subsection (d)(2)(A) shall each be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2009'
for `calendar year 1992' in subparagraph (B)
thereof.''.
(ii) Subparagraph (B) of section 25A(h)(2)
of such Code, as redesignated by clause (i), is
amended--
(I) by striking ``In General'' in
the heading and inserting ``Lifetime
Learning Credit'', and
(II) by striking ``subsection
(d)(2)'' and inserting ``subsection
(d)(2)(B)''.
(C) Rounding.--Subparagraph (C) of section
25A(h)(2) of such Code, as redesignated by subparagraph
(B)(i), is amended by inserting ``or (B)'' after
``subparagraph (A)''.
(e) Credit Allowed Against Minimum Tax, Etc.--
(1) In general.--Subsection (i) of section 25A of such Code
is amended by striking paragraphs (1), (2), (3), (4), and (7)
and by redesignating paragraphs (5) and (6) as paragraphs (1)
and (2), respectively.
(2) Paragraph (2) of section 25A(i) of such Code, as
redesignated by paragraph (1), is amended--
(A) by striking ``paragraph (4)'' and inserting
``subsection (d)'', and
(B) by striking ``paragraph (5)'' and inserting
``paragraph (1)''.
(3) The heading for such subsection (i) is amended to read
as follows:
``(i) Hope Scholarship Credit Allowed Against Minimum Tax; Portion
of Credit Made Refundable.--''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | American Opportunity Tax Credit Extension Act of 2010 - Amends the Internal Revenue Code, with respect to the Hope Scholarship tax credit, to: (1) make permanent increases in the amount of such tax credit; (2) allow such credit for the first four years of post-secondary education (currently, first two years); (3) include course materials in the definition of qualified tuition and related expenses for purposes of such credit; (4) increase adjusted gross income levels for purposes of determining eligibility for such credit and the lifetime learning tax credit; and (5) allow such credit as an offset against the alternative minimum tax (AMT). | [
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SECTION 1. ACCESS TO STUDENT RECRUITING INFORMATION.
(a) Changes to the Elementary and Secondary Education Act of
1965.--Section 9528(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7908(a)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act, each local educational agency receiving
assistance under this Act shall provide, upon a request made by
a military recruiter or an institution of higher education,
access to the name, address, and telephone listing of each
secondary school student served by the local educational
agency, unless the parent of such student has submitted the
prior consent request under paragraph (2).
``(2) Consent.--
``(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to the
local educational agency, that the student's name,
address, and telephone listing not be released for
purposes of paragraph (1) without prior written consent
of the parent. Upon receiving such request, the local
educational agency may not release the student's name,
address, and telephone listing for such purposes
without the prior written consent of the parent.
``(B) Notification of opt-out process.--Each local
educational agency shall notify the parents of the
students served by the agency of the option to make a
request described in subparagraph (A).''; and
(2) by adding at the end the following:
``(4) Rule of construction prohibiting opt-in processes.--
Nothing in this subsection shall be construed to allow a local
educational agency to withhold access to a student's name,
address, and telephone listing from a military recruiter or
institution of higher education by implementing an opt-in
process or any other process other than the written consent
request process under paragraph (2)(A).
``(5) Parental consent.--For purposes of this subsection,
whenever a student has attained eighteen years of age, the
permission or consent required of and the rights accorded to
the parents of the student shall only be required of and
accorded to the student.''.
(b) Changes to Title 10 of the United States Code.--Section 503(c)
of title 10, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1)(A) Each local educational agency receiving assistance
under the Elementary and Secondary Education Act of 1965--
``(i) shall provide to military recruiters the same access
to secondary school students as is provided generally to
postsecondary educational institutions or to prospective
employers of those students; and
``(ii) shall provide, upon a request made by a military
recruiter for military recruiting purposes, access to the name,
address, and telephone listing of each secondary school student
served by the local educational agency, notwithstanding section
444(a)(5)(B) of the General Education Provisions Act (20 U.S.C.
1232g(a)(5)(B)), unless the parent of such student has
submitted the prior consent request under subparagraph (B).
``(B)(i) The parent of a secondary school student may submit a
written request, to the local educational agency, that the student's
name, address, and telephone listing not be released for purposes of
subparagraph (A) without prior written parental consent. Upon receiving
a request, the local educational agency may not release the student's
name, address, and telephone listing for such purposes without the
prior written consent of the parent.
``(ii) Each local educational agency shall notify parents of the
option to make a request described in clause (i).
``(C) Nothing in this paragraph shall be construed to allow a local
educational agency to withhold access to a student's name, address, and
telephone listing from a military recruiter or institution of higher
education by implementing an opt-in process or any other process other
than the written consent request process under subparagraph (B)(i).
``(D) Parental Consent.--For purposes of this paragraph, whenever a
student has attained eighteen years of age, the permission or consent
required of and the rights accorded to the parents of the student shall
only be required of and accorded to the student.'';
(2) by striking paragraphs (2), (3), and (4) and inserting
the following:
``(2)(A) If a local educational agency denies recruiting access to
a military recruiter under this section, the Secretary shall notify--
``(i) the Governor of the State in which the local
educational agency is located; and
``(ii) the Secretary of Education.
``(B) Upon receiving a notification under subparagraph (A), the
Secretary of Education--
``(i) shall, consistent with the provisions of part D of
title IV of the General Education Provisions Act (20 U.S.C.
1234c), determine whether the local educational agency is
failing to comply substantially with the requirements of this
subsection; and
``(ii) upon determining that the local educational agency
has failed to comply substantially with such requirements, may
impose a penalty or enforce a remedy available for a violation
of section 9528(a) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7908(a)) in the same manner as such
penalty or remedy would apply to a local educational agency
that violated such section.''; and
(3) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively. | Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the process for blocking the access of military recruiters or institutions of higher education (IHEs) to secondary school student information.
Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to submit a written request to the LEA that the student's name, address, and telephone listing not be released to military recruiters or IHEs without the parent's prior written consent. Prohibits LEAs from providing military recruiters or IHEs access to such information once they have received such consent request, unless the student's parent provides written consent to such access. Gives students the rights accorded to their parents when they reach age 18.
Requires the Secretary of Defense to notify the Governor of the LEA's state and the Secretary of Education when an LEA denies access to military recruiters. Requires the Secretary of Education, upon receiving such notice, to determine whether: (1) the LEA has failed to comply substantially with the requirement to provide military recruiters with access to students and student information unless the parents have filed a prior consent request under this Act; and (2) the imposition of a penalty or remedy against the LEA is warranted. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Liability Reform Act''.
SEC. 2. HEALTH CARE LIABILITY REFORM.
(a) Punitive Damages.--
(1) Award.--Punitive damages may, to the extent permitted
by applicable State law, be awarded against a manufacturer or
product seller in a civil action if the claimant establishes by
clear and convincing evidence that the harm suffered was the
result of conduct manifesting actual malice.
(2) Drugs and devices.--The manufacturer of a prescription
drug or device and a health care provider shall not be subject
to punitive damages with respect to harm caused by a drug or
device if the drug or device was approved under the Federal
Food, Drug, and Cosmetic Act unless--
(A) the manufacturer withholds from the Food and
Drug Administration, or
(B) the health care provider withholds from a
patient,
information which is relevant to the performance of the drug or
device and causally related to the harm suffered by the
plaintiff.
(3) Limitation on amount.--The amount of punitive damages
that may be awarded for a claim in any civil action shall not
exceed 3 times the amount awarded to the claimant for the
economic injury on which such claim is based, or $250,000,
whichever is greater.
(b) Several Liability for Noneconomic Damages.--In any action, the
liability of each manufacturer or product seller of the product
involved in such action shall be several only and shall not be joint
for noneconomic damages. Such manufacturer or product seller shall be
liable only for the amount of noneconomic damages allocated to such
manufacturer or seller in direct proportion to such manufacturer's or
such seller's percentage of responsibility as determined by the trier
of fact.
(c) Definitions.--As used in this section:
(1) Claimant.--The term ``claimant'' means any person who
brings a product liability action and any person on whose
behalf such an action is brought, including such person's
decedent if such an action is brought through or on behalf of
an estate or such person's legal representative if it is
brought through or on behalf of a minor or incompetent.
(2) Malice.--The term ``malice'' means conduct that is
either--
(A) specifically intended to cause serious personal
injury, or
(B) carried out with both a flagrant indifference
to the rights of the claimant and an awareness that
such conduct is likely to result in serious personal
injury.
(3) Manufacturer.--With respect to a product, the term
``manufacturer'' means--
(A) any person who is engaged in a business to
produce, create, make, or construct the product and who
designs or formulates the product or has engaged
another person to design or formulate the product,
(B) a product seller of the product who, before
placing the product in the stream of commerce--
(i) designs or formulates or has engaged
another person to design or formulate an aspect
of the product after the product was initially
made by another, and
(ii) produces, creates, makes, or
constructs such aspect of the product, or
(C) any product seller not described in
subparagraph (B) which holds itself out as a
manufacturer to the user of the product,
(4) Product.--The term ``product''--
(A) means any object, substance, mixture, or raw
material in a gaseous, liquid, or solid state--
(i) which is capable of delivery itself, in
a mixed or combined state, or as a component
part or ingredient,
(ii) which is produced for introduction
into trade or commerce,
(iii) which has intrinsic economic value,
and
(iv) which is intended for sale or lease to
persons for commercial or personal use, and
(B) does not include--
(i) human tissue, human organs, human
blood, and human blood products, or
(ii) electricity, water delivered by a
utility, natural gas, or steam,
(5) Product seller.--The term ``product seller''--
(A) means a person--
(i) who sells, distributes, leases,
prepares, blends, packages, or labels a product
or is otherwise involved in placing a product
in the stream of commerce, or
(ii) who installs, repairs, or maintains
the harm-causing aspect of a product, and
(B) does not include--
(i) a manufacturer,
(ii) a seller or lessor of real property,
(iii) a provider of professional services
in any case in which the sale or use of a
product is incidental to the transaction and
the essence of the transaction is the
furnishing of judgment, skill, or services,
(iv) any person who acts only in a
financial capacity with respect to the sale of
a product, or
(v) any person who leases a product under a
lease arrangement in which the selection,
possession, maintenance, and operation of the
product are controlled by a person other than
the lessor.
SEC. 3. PREEMPTION.
This Act preempts State law, with respect to both procedural and
substantive measures, to the extent that such law--
(1) permits the recovery of a greater amount of punitive
damages by a plaintiff than that authorized by section 2(a)(3);
or
(2) permits an action for joint liability for noneconomic
damages against a manufacturer or product seller of a product
involved in the action, which action is prohibited by section
2(b).
Any issue that is not governed by this Act shall be governed by
otherwise applicable State or Federal law. | Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration; or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Resiliency, Security, and
Source Water Protection Act''.
SEC. 2. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION
PLANNING.
Section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2) is
amended to read as follows:
``SEC. 1433. CLIMATE RESILIENCY, SECURITY, AND SOURCE WATER PROTECTION.
``(a) Source Water and Distribution System Vulnerability
Assessments.--
``(1) In general.--Not later than 24 months after the date
of enactment of the Climate Resiliency, Security, and Source
Water Protection Act, each community water system shall submit
to the Administrator source water and distribution system
vulnerability assessments.
``(2) Identification of threats.--Assessments submitted
pursuant to paragraph (1) shall identify--
``(A) threats to the community water system's
source water from industrial activity, pipelines and
storage tanks, contaminated sites, agricultural
activity, and oil and gas exploration;
``(B) threats to the community water system's
source water and distribution system from climate
change, extreme weather, drought, and temperature
changes; and
``(C) threats to the community water system's
source water and distribution system from intentional
acts, including intentional contamination, sabotage,
and theft of any chemical of interest (as designated
under Appendix A to part 27 of title 6, Code of Federal
Regulations, or any successor thereto).
``(3) Assessment of alternatives.--Assessments submitted
pursuant to paragraph (1) shall include a comparison of the
disinfection methods used by the community water system and
reasonably available alternative disinfection methods,
including a determination of whether reasonably available
alternative disinfection methods could reduce the community
water system's vulnerability to the threats identified pursuant
to paragraph (2).
``(4) Periodic review and resubmission.--Each community
water system submitting a vulnerability assessment pursuant to
paragraph (1) shall review, revise as necessary, and resubmit
such assessment not less often than every 5 years.
``(5) Guidance.--Not later than 1 year after the date of
enactment of the Climate Resiliency, Security, and Source Water
Protection Act, the Administrator shall provide guidance to
community water systems for the preparation of vulnerability
assessments under this subsection.
``(b) Source Water and Distribution System Protection Plans.--
``(1) In general.--Not later than 4 years after the date of
enactment of the Climate Resiliency, Security, and Source Water
Protection Act, each community water system shall submit to the
Administrator source water and distribution system protection
plans.
``(2) Mitigation of identified threats.--Plans submitted
pursuant to paragraph (1) shall identify strategies and
resources to mitigate the threats identified in assessments
prepared pursuant to subsection (a).
``(3) Emergency response planning.--Plans submitted
pursuant to paragraph (1) shall include specific emergency
response plans for the threats identified in assessments
prepared pursuant to subsection (a).
``(4) Periodic review and resubmission.--Each community
water system submitting a plan pursuant to paragraph (1) shall
review, revise as necessary, and resubmit such plan not less
often than every 5 years.
``(5) Guidance.--Not later than one year after the date of
enactment of the Climate Resiliency, Security, and Source Water
Protection Act, the Administrator shall provide guidance to
community water systems for the preparation of plans under this
subsection.
``(c) Technical Assistance and Grants.--
``(1) In general.--The Administrator shall establish and
implement a program, to be known as the Drinking Water
Infrastructure Resiliency and Sustainability Program, under
which the Administrator may award grants in each of fiscal
years 2017 through 2021 to owners or operators of community
water systems for the purpose of increasing the resiliency or
adaptability of the community water systems to threats
identified pursuant to subsection (a).
``(2) Use of funds.--As a condition on receipt of a grant
under this section, an owner or operator of a community water
system shall agree to use the grant funds exclusively to assist
in the planning, design, construction, implementation,
operation, or maintenance of a program or project consistent
with a plan developed pursuant to subsection (b).
``(3) Priority.--
``(A) Water systems at greatest and most immediate
risk.--In selecting grantees under this subsection, the
Administrator shall give priority to applicants that
are owners or operators of community water systems that
are, based on the best available research and data, at
the greatest and most immediate risk of facing
significant negative impacts due to threats described
in subsection (a)(2).
``(B) Goals.--In selecting among applicants
described in subparagraph (A), the Administrator shall
ensure that, to the maximum extent practicable, the
final list of applications funded for each year
includes a substantial number that propose to use
innovative approaches to meet one or more of the
following goals:
``(i) Promoting more efficient water use,
water conservation, water reuse, or water
recycling.
``(ii) Using decentralized, low-impact
development technologies and nonstructural
approaches, including practices that use,
enhance, or mimic the natural hydrological
cycle or protect natural flows.
``(iii) Reducing stormwater runoff or
flooding by protecting or enhancing natural
ecosystem functions.
``(iv) Modifying, upgrading, enhancing, or
replacing existing community water system
infrastructure in response to changing
hydrologic conditions.
``(v) Improving water quality or quantity
for agricultural and municipal uses, including
through salinity reduction.
``(vi) Providing multiple benefits,
including to water supply enhancement or demand
reduction, water quality protection or
improvement, increased flood protection, and
ecosystem protection or improvement.
``(4) Cost-sharing.--
``(A) Federal share.--The share of the cost of any
activity that is the subject of a grant awarded by the
Administrator to the owner or operator of a community
water system under this subsection shall not exceed 50
percent of the cost of the activity.
``(B) Calculation of non-federal share.--In
calculating the non-Federal share of the cost of an
activity proposed by a community water system in an
application submitted under this subsection, the
Administrator shall--
``(i) include the value of any in-kind
services that are integral to the completion of
the activity, including reasonable
administrative and overhead costs; and
``(ii) not include any other amount that
the community water system involved receives
from the Federal Government.
``(5) Report to congress.--Not later than 3 years after the
date of the enactment of the Climate Resiliency, Security, and
Source Water Protection Act, and every 3 years thereafter, the
Administrator shall submit to the Congress a report on progress
in implementing this subsection, including information on
project applications received and funded annually.
``(6) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated $50,000,000
for each of fiscal years 2017 through 2021.''. | Climate Resiliency, Security, and Source Water Protection Act This bill amends the Safe Drinking Water Act by requiring each community water system to submit to the Environmental Protection Agency (EPA) source water and distribution system vulnerability assessments that identify threats from: industrial activity, pipelines and storage tanks, contaminated sites, agricultural activity, and oil and gas exploration; climate change, extreme weather, drought, and temperature changes; and intentional acts, including intentional contamination, sabotage, and theft of any chemical of interest. Each community water system must also submit to the EPA protection plans that mitigate the threats to source water and distribution systems. The EPA must establish a grant program for increasing the resiliency or adaptability of the community water systems to threats. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Back to Business Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) 43 percent of businesses that close following a natural
disaster never reopen;
(2) an additional 29 percent of businesses close down
permanently within 2 years of a natural disaster;
(3) Hurricane Katrina struck the Gulf Coast of the United
States on August 29, 2005, negatively impacting small business
concerns and disrupting commerce in the States of Louisiana,
Mississippi, and Alabama;
(4) Hurricane Rita struck the Gulf Coast of the United
States on September 24, 2005, negatively impacting small
business concerns and disrupting commerce in the States of
Texas and Louisiana;
(5) according to the United States Chamber of Commerce,
more than 125,000 small- and medium-sized businesses in the
Gulf Coast were disrupted by Hurricane Katrina or Hurricane
Rita;
(6) due to a slow initial Federal response and the
widespread devastation in the affected States, businesses
impacted by Hurricane Katrina are in dire need of increased
access to capital and technical assistance to recover and
prosper; and
(7) without the full recovery and prosperity of affected
businesses, the Gulf Coast and the rest of the United States
will be negatively impacted.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Disaster Area'' means an area in which the
President has declared a major disaster in response to
Hurricane Katrina of 2005 or Hurricane Rita of 2005;
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122); and
(3) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce $100,000,000 for the Economic Development
Administration of the Department of Commerce to make grants to the
appropriate State government agencies in Louisiana and Mississippi, to
carry out this section.
(b) Disbursement of Funds.--
(1) In general.--Subject to paragraph (2), the Secretary of
Commerce shall disburse the funds authorized under subsection
(a) as follows:
(A) $75,000,000 to the State of Louisiana.
(B) $25,000,000 to the State of Mississippi.
(2) Proportionate allocation.--Regardless of the amount
appropriated under subsection (a), the amount appropriated
shall be allocated among the States listed in paragraph (1) of
this subsection in direct proportion to the allocation under
that paragraph.
(c) Use of Funds.--
(1) In general.--Grants awarded to a State under subsection
(a) shall be used by the State to provide grants, which may be
made to any small business concern located in a Disaster Area
that was negatively impacted by Hurricane Katrina of 2005 or
Hurricane Rita of 2005, to assist such small business concern
for the purposes of--
(A) paying employees;
(B) paying bills, insurance costs, and other
existing financial obligations;
(C) making repairs;
(D) purchasing inventory;
(E) restarting or operating that business in the
community in which it was conducting operations prior
to Hurricane Katrina of 2005 or Hurricane Rita of 2005,
or to a neighboring area or county or parish in a
Disaster Area;
(F) compensating such small business concerns for
direct economic injury suffered as a result of
Hurricane Katrina of 2005 or Hurricane Rita of 2005; or
(G) covering additional costs until that small
business concern is able to obtain funding through
insurance claims, Federal assistance programs, or other
sources.
(2) Criteria.--
(A) In general.--Notwithstanding any other
provision of law, in making grants under paragraph (1),
a State may use such criteria as the State determines
appropriate, and shall not be required to apply
eligibility criteria for programs administered by the
Federal Government, including the Department of
Commerce.
(B) Exclusion.--In making grants under paragraph
(1), a State may not exclude a small business concern
based on any increase in the revenue of that small
business concern during the 12-month period beginning
on October 1, 2005.
(3) Administrative expenses.--The Department of Commerce
may use not more than $1,500,000 of the funds authorized under
subsection (a) to administer the provision of grants to the
designated States under this subsection.
SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph (3) the
following:
``(4) Disaster loans after hurricane katrina or hurricane
rita in a disaster area.--
``(A) Definitions.--In this paragraph--
``(I) the term `Disaster Area' means an
area in which the President has declared a
major disaster in response to Hurricane Katrina
of 2005 or Hurricane Rita of 2005; and
``(ii) the term `qualified borrower' means
a person to whom the Administrator made a loan
under this section because of Hurricane Katrina
of 2005 or Hurricane Rita of 2005.
``(B) Deferment of disaster loan payments.--
``(i) In general.--Notwithstanding any
other provision of law, payments of principal
and interest on a loan to a qualified borrower
made before December 31, 2006, shall be
deferred, and no interest shall accrue with
respect to such loan, during the time period
described in clause (ii).
``(ii) Time period.--The time period for
purposes of clause (i) shall be 1 year from the
later of the date of enactment of this
paragraph or the date on which funds are
distributed under a loan described in clause
(i), but may be extended to 2 years from such
date, at the discretion of the Administrator.
``(iii) Resumption of payments.--At the end
of the time period described in clause (ii),
the payment of periodic installments of
principal and interest shall be required with
respect to such loan, in the same manner and
subject to the same terms and conditions as
would otherwise be applicable to any other loan
made under this subsection.''.
(b) Increasing Collateral Requirements.--
(1) In general.--Notwithstanding any other provision of
law, including section 7(c)(6) of the Small Business Act (15
U.S.C. 636(c)(6)), the Administrator may not require collateral
for any covered loan made by the Administrator.
(2) Definition.--In this subsection, the term ``covered
loan'' means a loan in an amount of not more than $35,000
made--
(A) under section 7(b)(1) of the Small Business Act
(15 U.S.C. 636(b)(1));
(B) as a result of Hurricane Katrina of 2005 or
Hurricane Rita of 2005; and
(C) after the date of enactment of this Act.
SEC. 6. OTHER PROGRAMS.
(a) HUBZones.--Section 3(p) of the Small Business Act (15 U.S.C.
632(p)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'';
(B) in subparagraph (E), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(F) an area in which the President has declared a
major disaster (as that term is defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) as a result of
Hurricane Katrina of August 2005 or Hurricane Rita of
September 2005, during the time period described in
paragraph (8).''; and
(2) by adding at the end the following:
``(8) Time period.--The time period for the purposes of
paragraph (1)(F)--
``(A) shall be the 2-year period beginning on the
later of the date of enactment of this paragraph and
August 29, 2007; and
``(B) may, at the discretion of the Administrator,
be extended to be the 3-year period beginning on the
later of the date of enactment of this paragraph and
August 29, 2007.''.
(b) Relief From Test Program.--Section 711(d) of the Small Business
Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is
amended--
(1) by striking ``The Program'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
Program''; and
(2) by adding at the end the following:
``(2) Exception.--
``(A) In general.--The Program shall not apply to
any contract related to relief or reconstruction from
Hurricane Katrina of 2005 or Hurricane Rita of 2005
during the time period described in subparagraph (B).
``(B) Time period.--The time period for the
purposes of subparagraph (A)--
``(I) shall be the 2-year period beginning
on the later of the date of enactment of this
paragraph and August 29, 2007; and
``(ii) may, at the discretion of the
Administrator, be extended to be the 3-year
period beginning on the later of the date of
enactment of this paragraph and August 29,
2007.''. | Gulf Coast Back to Business Act of 2007 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce for grants to appropriate state government agencies in Louisiana and Mississippi for small businesses located in disaster areas caused by Hurricanes Katrina or Rita.
Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to defer for a conditional period the payment of principal and interest on disaster loans made to small businesses affected by such hurricanes in the case of loans made before December 31, 2006. Prohibits an increased collateral requirement with respect to the deferred loans.
Includes as a HUBZone (historically underutilized business zone) any area in which the President has declared a major disaster as a result of such hurricanes.
Amends the Small Business Competitive Demonstration Program Act of 1988 to make the small business competitive demonstration program (to test innovative small business procurement methods and procedures) inapplicable, for a conditional period, to any contract related to relief or reconstruction from such hurricanes. | [
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SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE MATERIALS BY STATE AND
LOCAL LAW ENFORCEMENT AGENCIES.
(a) Reports on Locations, Types, and Amounts of Stored Explosive
Materials.--
(1) Initial reports.--Within 6 months after the date of the
enactment of this Act, each State shall submit to the Attorney
General a written report that specifies each location at which
any law enforcement agency operating under State law stores or
keeps explosive materials that have been shipped or transported
in interstate or foreign commerce, and the types and amounts of
such materials stored or kept at the location.
(2) Subsequent reports.--At such times as the Attorney
General shall provide in regulations, each State shall submit
to the Attorney General a written report that updates the most
recent report submitted by the agency pursuant to this
subsection.
(b) Regulations Governing Storage of Explosive Materials.--Within 6
months after the date of the enactment of this Act, the Attorney
General shall prescribe final regulations governing the storage and
keeping by State and local law enforcement agencies of explosive
materials that have been shipped or transported in interstate or
foreign commerce. The regulations shall set forth the standards of
public safety and security against theft which any place at which
explosive materials that have been shipped or transported in interstate
or foreign commerce are so stored or kept shall meet, and shall, at a
minimum, require any such place to be subject to video surveillance or
to have in operation an alarm system capable of notifying the agency of
unauthorized entry.
(c) Inspection Authority.--The Attorney General may enter during
business hours any place where a State or local law enforcement agency
stores or keeps explosive materials that have been shipped or
transported in interstate or foreign commerce, for the purpose of
inspecting the explosive materials and determining whether the
materials are being stored or kept in compliance with the regulations
prescribed under subsection (b).
(d) Authority to Impose Penalty for Noncompliance.--
(1) Authority to reduce grants.--If a State or local law
enforcement agency fails to comply with this section or any
regulation prescribed under this section, the Attorney General
may reduce by 10 percent the funds that the agency would
otherwise receive, or would otherwise be allocated, under any
grant program of the Department of Justice.
(2) Reallocation of funds.--Any funds that are not
allocated to a State or local law enforcement agency by reason
of paragraph (1) shall be reallocated to other State or local
law enforcement agencies whose grants are not reduced by reason
of paragraph (1).
SEC. 2. MATCHING GRANTS.
(a) Application.--A State or local law enforcement agency may
submit to the Attorney General an application for a grant under this
section, which shall contain--
(1) a good faith estimate of the total amount the agency
will need to expend to comply with the regulations prescribed
under section 1(b); and
(2) a certification that the agency has obtained
commitments to receive from State or local sources sums
totalling not less than \1/2\ of the amount referred to in
paragraph (1), and will expend the sums to achieve such
compliance.
(b) Grant Authority.--The Attorney General may make a grant under
this section to an applicant therefor if--
(1) the application contains the information required by
subsection (a)(1) of this section; and
(2) the applicant has submitted to the Attorney General all
reports required from the applicant by or under section 1(a).
(c) Amount of Grant.--The amount of the grant to be made to an
applicant under this section shall not exceed \1/2\ of the amount set
forth in the application pursuant to subsection (a)(1).
(d) Use of Grant.--An applicant who receives a grant under this
section shall use the grant only to cover the cost of complying with
the regulations prescribed under section 1(b).
(e) Limitations on Authorization of Appropriations.--For grants
under this section, there are authorized to be appropriated to the
Attorney General $10,000,000, without fiscal year limitation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Explosive materials.--The term ``explosive materials''
has the meaning given in section 841(c) of title 18, United
States Code.
(2) Law enforcement agency.--The term ``law enforcement
agency'' does not include any component of the National Guard.
(3) State.--The term ``State'' includes the District of
Columbia. | Requires each State to submit to the Attorney General a written report (and subsequent updates) that specifies each location at which a State law enforcement agency stores explosive materials that have been transported in interstate or foreign commerce and the types and amounts of such materials. Directs the Attorney General to prescribe final regulations governing the storage of such materials by such agencies, including public safety and security standards and requirements for video surveillance or an alarm system.
Authorizes the Attorney General to: (1) make matching grants to State and local law enforcement agencies for complying with such regulations; (2) enter any place where such an agency keeps such explosive materials for inspection and compliance determinations; and (3) reduce by ten percent the funds that an agency would otherwise receive under any Department of Justice grant program if the agency fails to comply. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``After School Education and Anti-
Crime Act of 1999''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve academic and social outcomes
for students and reduce both juvenile crime and the risk that youth
will become victims of crime by providing productive activities during
after school hours.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Today's youth face far greater social risks than did
their parents and grandparents.
(2) Students spend more of their waking hours alone,
without supervision, companionship, or activity, than the
students spend in school.
(3) Law enforcement statistics show that youth who are ages
12 through 17 are most at risk of committing violent acts and
being victims of violent acts between 3 p.m. and 6 p.m.
(4) The consequences of academic failure are more dire in
1999 than ever before.
(5) After school programs have been shown in many States to
help address social problems facing our Nation's youth, such as
drugs, alcohol, tobacco, and gang involvement.
(6) Many of our Nation's governors endorse increasing the
number of after school programs through a Federal/State
partnership.
(7) Over 450 of the Nation's leading police chiefs,
sheriffs, and prosecutors, along with presidents of the
Fraternal Order of Police and the International Union of Police
Associations, which together represent 360,000 police officers,
have called upon public officials to provide after school
programs that offer recreation, academic support, and community
service experience, for school-age children and teens in the
United States.
(8) One of the most important investments that we can make
in our children is to ensure that they have safe and positive
learning environments in the after school hours.
SEC. 4. GOALS.
The goals of this Act are as follows:
(1) To increase the academic success of students.
(2) To promote safe and productive environments for
students in the after school hours.
(3) To provide alternatives to drug, alcohol, tobacco, and
gang activity.
(4) To reduce juvenile crime and the risk that youth will
become victims of crime during after school hours.
SEC. 5. PROGRAM AUTHORIZATION.
Section 10903 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8243) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``to
Local Educational Agencies for Schools'' after
``Secretary''; and
(B) by striking ``rural and inner-city public'' and
all that follows through ``or to'' and inserting
``local educational agencies for the support of public
elementary schools or secondary schools, including
middle schools, that serve communities with substantial
needs for expanded learning opportunities for children
and youth in the communities, to enable the schools to
establish or''; and
(C) by striking ``a rural or inner-city community''
and inserting ``the communities'';
(2) in subsection (b)--
(A) by striking ``States, among'' and inserting
``States and among''; and
(B) by striking ``United States,'' and all that
follows through ``a State'' and inserting ``United
States''; and
(3) in subsection (c), by striking ``3'' and inserting
``5''.
SEC. 6. APPLICATIONS.
Section 10904 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8244) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) in the first sentence, by striking ``an
elementary or secondary school or consortium''
and inserting ``a local educational agency'';
and
(ii) in the second sentence, by striking
``Each such'' and inserting the following:
``(b) Contents.--Each such''; and
(3) in subsection (b) (as so redesignated)--
(A) in paragraph (1), by striking ``or
consortium'';
(B) in paragraph (2), by striking ``and'' after the
semicolon; and
(C) in paragraph (3)--
(i) in subparagraph (B), by inserting ``,
including programs under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.)'' after ``maximized'';
(ii) in subparagraph (C), by inserting
``students, parents, teachers, school
administrators, local government, including law
enforcement organizations such as Police
Athletic and Activity Leagues,'' after
``agencies,'';
(iii) in subparagraph (D), by striking ``or
consortium''; and
(iv) in subparagraph (E)--
(I) in the matter preceding clause
(i), by striking ``or consortium''; and
(II) in clause (ii), by striking
the period and inserting a semicolon;
and
(E) by adding at the end the following:
``(4) information demonstrating that the local educational
agency will--
``(A) provide not less than 35 percent of the
annual cost of the activities assisted under the
project from sources other than funds provided under
this part, which contribution may be provided in cash
or in kind, fairly evaluated; and
``(B) provide not more than 25 percent of the
annual cost of the activities assisted under the
project from funds provided by the Secretary under
other Federal programs that permit the use of those
other funds for activities assisted under the project;
and
``(5) an assurance that the local educational agency, in
each year of the project, will maintain the agency's fiscal
effort, from non-Federal sources, from the preceding fiscal
year for the activities the local educational agency provides
with funds provided under this part.''.
SEC. 7. USES OF FUNDS.
Section 10905 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8245) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting:
``(a) In General.--Grants awarded under this part may be used to
establish or expand community learning centers. The centers may provide
1 or more of the following activities:'';
(2) in subsection (a)(11) (as redesignated by paragraph
(1)), by inserting ``, and job skills preparation'' after
``placement''; and
(3) by adding at the end the following:
``(14) After school programs, that--
``(A) shall include at least 2 of the following--
``(i) mentoring programs;
``(ii) academic assistance;
``(iii) recreational activities; or
``(iv) technology training; and
``(B) may include--
``(i) drug, alcohol, and gang prevention
activities;
``(ii) health and nutrition counseling; and
``(iii) job skills preparation activities.
``(b) Limitation.--Not less than \2/3\ of the amount appropriated
under section 10907 for each fiscal year shall be used for after school
programs, as described in paragraph (14). Such programs may also
include activities described in paragraphs (1) through (13) that offer
expanded opportunities for children or youth.''.
SEC. 8. ADMINISTRATION.
Section 10905 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8245) is amended by adding at the end the following:
``(c) Administration.--In carrying out the activities described in
subsection (a), a local educational agency or school shall, to the
greatest extent practicable--
``(1) request volunteers from business and academic
communities, and law enforcement organizations, such as Police
Athletic and Activity Leagues, to serve as mentors or to assist
in other ways;
``(2) ensure that youth in the local community participate
in designing the after school activities;
``(3) develop creative methods of conducting outreach to
youth in the community;
``(4) request donations of computer equipment and other
materials and equipment; and
``(5) work with State and local park and recreation
agencies so that activities carried out by the agencies prior
to the date of enactment of this subsection are not duplicated
by activities assisted under this part.''.
SEC. 9. COMMUNITY LEARNING CENTER DEFINED.
Section 10906 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8246) is amended in paragraph (2) by inserting ``, including
law enforcement organizations such as the Police Athletic and Activity
League'' after ``governmental agencies''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 10907 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8247) is amended by striking ``$20,000,000 for fiscal year
1995'' and all that follows and inserting ``$600,000,000 for each of
fiscal years 2000 through 2004, to carry out this part.''.
SEC. 11. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect on
October 1, 1999. | (Sec. 6) Requires an LEA, to be eligible to receive a grant, to submit an application including: (1) information demonstrating that the LEA will provide not less than 35 percent of the annual cost of the activities assisted under the project from sources other than funds provided under the Act, which may be provided in cash or in kind, and provide not more than 25 percent of the annual cost of the activities assisted under the project from funds provided by the Secretary under other Federal programs that permit their use; and (2) an assurance that the LEA, in each year of the project, will maintain the agency's fiscal effort, from non-Federal sources, from the preceding fiscal year.
(Sec. 7) Allows the use of grant funds to establish or expand community learning centers. Allows such centers to provide one or more of specified activities, including after school programs that: (1) include (at least two of the following) mentoring programs, academic assistance, recreational activities, or technology training; and (2) may include drug, alcohol, and gang prevention activities, health and nutrition counseling, and job skills preparation activities. Limits the amount of appropriated funds that may be used for after school programs.
(Sec. 8) Directs an LEA to: (1) request volunteers from business and academic communities, and law enforcement organizations, to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to this Act's enactment are not duplicated.
(Sec. 10) Authorizes appropriations. | [
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] |
That the Act of
December 18, 1967 (16 U.S.C. 19e-19n), entitled ``An Act to establish
the National Park Foundation'', is amended--
(1) in section 1--
(A) by striking ``therein'' and inserting in lieu
thereof ``therein, and to develop and implement means
of securing funds from the private sector, to enhance
funding for the National Park System without
supplanting appropriated funds otherwise available for
the National Park System,''; and
(B) by striking ``to accept and administer such
gifts'';
(2) in section 3--
(A) by inserting ``(a)'' after ``Sec. 3.''; and
(B) by inserting at the end:
``(b)(1) In furtherance of the purposes of this Act, the Foundation
shall have exclusive authority to license or authorize persons to use
such trademarks, tradenames, signs, symbols, emblems, insignia, logos,
likenesses or slogans that are or may be in the future adopted and
owned by the Foundation, and for which the Foundation has filed an
application or applications with the U.S. Patent and Trademark Office,
for the purposes of representing, promoting or advertising for
commercial purposes or pecuniary gain that an individual, company, or
particular good or service is an official sponsor or official supporter
of the National Park System or National Park Service.
``(2) The authority provided in paragraph (1) shall be subject to
the following conditions:
``(A) The criteria and guidelines for the competitive
issuance and the maintenance of a license or authorization, and
the issuance of each license or authorization, shall be subject
to the prior written approval of the Secretary as being
appropriate to the image of the National Park System and
consistent with the management policies and practices of the
National Park Service, and such approval authority may not be
delegated.
``(B) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an individual,
company, or particular good or service to represent, promote,
or advertise, and no person may represent or imply, for
commercial purposes or for pecuniary gain that it is an
official sponsor or official supporter of any individual unit
of the National Park System.
``(C) The advertisements and promotional activities
undertaken by a licensee or authorized person shall be
appropriate to the image of the National Park System and
consistent with the management policies and practices of the
National Park Service.
``(D) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an individual,
company, or particular good or service to represent that it is
endorsed by the National Park Service.
``(E) Nothing in this Act shall in any way restrict or
preclude the Statue of Liberty--Ellis Island Foundation, Inc.
(the `Statue of Liberty Foundation'), so long as its activities
are authorized by a Memorandum of Agreement with the Secretary
of the Interior, from raising donations for the restoration of
the Statue of Liberty and Ellis Island by, among other things,
offering to any third parties exclusive rights to any
trademark, tradename, sign, symbol, insignia, emblem, logo,
likeness, or slogan owned by the Statue of Liberty Foundation.
``(F) Activities of the Foundation undertaken pursuant to
this Act, including the licensing or authorizing of official
sponsors and official supporters of the National Park System or
National Park Service by the Foundation, shall not preclude
charitable organizations or cooperating associations from
conducting fundraising activities or selling merchandise to
generate support for a unit or units of the National Park
System or the National Park Service, so long as such activities
do not convey a right to be considered as an official sponsor
or official supporter of such unit or units as prohibited by
subparagraph (B) or of the National Park System or National
Park Service.
``(c) No license or authorization referred to in subsection (b)
shall grant any person any right or authority to market, advertise,
display, sell, or promote, any goods, products or services in any unit
of the National Park System or in any related facility operated outside
the boundaries of any unit, or to advertise or promote that it is an
official sponsor or official supporter within the meaning of subsection
(b) in any such unit or related facility: Provided, That the Secretary
of the Interior may authorize limited recognition of official sponsors
or official supporters within the meaning of subsection (b) in units of
the National Park System or any related facility operated outside the
boundaries of any unit but only under such appropriate policies and
procedures which ensure that status as an official sponsor or official
supporter within the meaning of subsection (b) shall not be
commercially exploited in any manner within any such unit or related
facility.'';
(3) in section 4--
(A) by inserting ``and section 8(b)'' between
``transfer'' and the comma;
(B) by inserting ``license,'' between ``lease,''
and ``invest''; and
(C) by striking ``any business, nor shall the
Foundation'' and inserting in lieu thereof ``business
for pecuniary profit or gain, except for the purposes
set forth in this Act; operate any commercial
establishment or enterprise within any unit of the
National Park System; engage in any lobbying activities
as defined in section 3(7) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602(7)) concerning the
management of the National Park System; or'';
(4) in section 8--
(A) by inserting ``(a)'' after ``Sec. 8.''; and
(B) by inserting at the end:
``(b) All of the income in the Foundation, net of reasonable
operating expenses, any contributions to local government pursuant to
subsection (a), and reserves determined necessary or appropriate by the
Board, shall be provided to or for the benefit of the National Park
Service: Provided, That all such net income derived from the licenses
and authorizations referred to in section 3(b) shall be expended in
accordance with policies and priorities of the National Park Service on
programs, projects, or activities that benefit the National Park System
or National Park Service as identified by the Secretary in consultation
with the Foundation.'';
(5) in section 10--
(A) by inserting ``(a)'' after ``Sec. 10.''; and
(B) by inserting at the end:
``(b) Within 30 days of the execution of each license or
authorization referred to in section 3(b), the Foundation shall
transmit a copy thereof to the Committee on Resources of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate.
``(c) No later than 5 years after the date of enactment of this
subsection, the Secretary of the Interior shall submit to the Committee
on Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate a report
assessing the cost, effectiveness, and effects of the licensing and
authorization program established pursuant to section 3(b). The report
shall include, but not be limited to, assessments of the effect of such
program on--
``(1) visitation levels in the National Park System;
``(2) the image of the National Park System;
``(3) achievement of the needs and priorities of the
National Park Service;
``(4) appropriations for the National Park System; and
``(5) the costs of the Foundation and the Secretary of the
Interior to administer the program.''; and
(6) at the end, by inserting:
``Sec. 11. Whoever, without the authorization of the Foundation,
uses for purposes of trade, to induce the sale of any good or service,
to promote any commercial activity, or for other commercial purpose the
name of the Foundation or any trademark, tradename, sign, symbol,
emblem, insignia, logo, likeness, or slogan referred to in section
3(b)(1), or any facsimile or simulation thereof tending to cause
confusion, to cause mistake, to deceive, or to suggest falsely that an
individual, company, or particular good or service is an official
sponsor or official supporter of the National Park System or National
Park Service, shall be subject to suit in a civil action by the
Foundation for the remedies provided in the Act of July 5, 1946, 60
Stat. 427 (15 U.S.C. 501 et seq.).
``Sec. 12. Section 1 of Public Law 88-504 (36 U.S.C. 1101), as
amended, is further amended by adding at the end `(78) The National
Park Foundation'.''. | Revises the purpose of the National Park Foundation to: (1) include developing and implementing means of securing funds from the private sector to enhance funding for the National Park System (NPS) without supplanting otherwise available appropriated funds; and (2) exclude accepting and administering private gifts on behalf of the National Park Service.
Grants the Foundation exclusive authority to license or authorize persons to use such trademarks, symbols, likenesses, or slogans that are adopted and owned by the Foundation and for which it has filed an application with the U.S. Patent and Trademark Office for the purpose of representing, promoting, or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good service is an official sponsor or official supporter of the NPS or the Service.
Specifies conditions under which such license or authorization may be granted, such as subjecting the criteria and guidelines for the competitive issuance and the maintenance of a license or authorization to the prior written approval of the Secretary of the Interior. Authorizes the Foundation to license property.
Prohibits the Foundation, except as provided in this Act, from: (1) engaging in any business for pecuniary profit or gain; (2) operating any commercial establishment or enterprise within NPS units; or (3) engaging in any lobbying activities concerning NPS management.
Requires: (1) all of the Foundation's income, net of reasonable operating expenses, contributions to local government, and reserves determined necessary or appropriate by its Board to be provided for the Service's benefit; and (2) all net income derived from the licenses and authorizations under this Act to be expended in accordance with Service's policies and priorities on programs, projects, or activities that benefit the NPS or the Service as identified by the Secretary of the Interior in consultation with the Foundation.
Sets forth congressional reporting requirements.
Subjects persons to a civil suit and remedies for unlawful use of the Foundation's name, trademark, symbol, slogan, or any facsimile or simulation thereof to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the NPS or the Service for commercial purposes.
Includes the Foundation as a private corporation established under Federal law for purposes of provisions concerning audits of federally chartered corporations. | [
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4
] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lending Enhancement Through
Necessary Due Process Act''.
SEC. 2. FINDINGS.
The Congress hereby finds the following:
(1) Excessive and groundless litigation against innocent
directors and officers of failed financial institutions is
adversely affecting the national economy by creating an
environment where bankers are reluctant to make loans.
(2) The efforts by Federal banking regulators to impose
liability on bank officials for good faith business decisions
is impeding our banking system by making it difficult for
financial institutions to attract officers and directors.
(3) Since 1989, Federal regulators have used enhanced
powers to pursue not only culpable individuals but also
countless innocent people who are targeted because of their
financial condition.
(4) Tactics used by regulators to induce settlements
include the threat of attachment of assets and the use of
taxpayer-funded outside fee counsel to file lawsuits, the costs
of which often bankrupt individuals trying to clear their
names.
(5) Reform of the banking laws are needed to curtail
regulatory abuse and to ensure that directors and officers have
due process protections and the ability to make good faith
lending decisions.
SEC. 3. FACTORS AND STANDARDS FOR CERTAIN ENFORCEMENT PROCEEDINGS.
Section 8(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818)
is amended by adding at the end the following new paragraphs:
``(5) Affirmative defenses applicable with respect to
certain administrative and judicial proceedings.--In the
determination of whether any director, officer, or institution-
affiliated party of an insured depository institution has
committed any violation or breach of duty for purposes of this
section or section 11(k), the following affirmative defenses
shall be available to the director, officer, or institution-
affiliated party in any civil action against the director,
officer, or party before a Federal banking agency or a court of
jurisdiction:
``(A) Business judgment.--A director, officer, or
institution-affiliated party of an insured depository
institution shall not be deemed to have committed any
violation or breach of duty in the making of any
business judgment (without regard to whether such
business judgment is later determined to have been in
error), if--
``(i) in a case in which the director,
officer, or institution-affiliated party had an
interest in the subject of the business
judgment, the director, officer, or party--
``(I) disclosed that interest at or
before the time the business judgment
was made; or
``(II) abstained from any vote
taken in connection with such business
judgment or from otherwise
participating in making the business
judgment;
``(ii) at or before the time the business
judgment was made, the director, officer, or
institution-affiliated party made such inquiry
about the subject of the business judgment as a
reasonably prudent person would have made under
the circumstances;
``(iii) after being put on reasonable
notice of a need to act, the director, officer,
or institution-affiliated party took such
actions as a reasonably prudent person would
have taken under the circumstances; and
``(iv) the director, officer, or
institution-affiliated party acted in good
faith.
``(B) Regulatory approval.--A director, officer, or
institution-affiliated party of an insured depository
institution shall not be deemed to have committed any
violation or breach of duty if any examiner or other
representative of an appropriate Federal banking agency
or State bank supervisor, upon full and accurate
disclosure of the relevant facts, approved the good
faith practice, action, or omission which is alleged to
be the violation or breach, whether or not such
approval was communicated to the director, officer, or
institution-affiliated party or any other person at
such institution.
``(C) Unforeseeable economic conditions.--A
director, officer, or institution-affiliated party of
an insured depository institution shall not be deemed
to have committed any violation or breach of duty if--
``(i) unforeseeable economic conditions,
which develop after the occurrence of the
practice, action, or omission which is alleged
to be a violation or breach, were the proximate
cause of any loss experienced by the
institution; and
``(ii) the director, officer, or
institution-affiliated party acted in good
faith.
``(6) Minimum standard for order of production of personal
financial information.--
``(A) In general.--Except as provided in
subparagraph (B), a Federal banking agency, including
the Resolution Trust Corporation in such corporation's
capacity as conservator or receiver of an insured
depository institution, may not seek to obtain,
directly or indirectly, and no court (with respect to
any request from any such agency or corporation) may
order the production of, the personal financial records
of any person for the agency unless the head of the
agency or corporation (or the designee of the head of
the agency or corporation), submits a written finding
which is disclosed to such person and certified to an
appropriate court of jurisdiction, and the court
through a de novo finding determines, that the agency
has reasonable cause to believe that--
``(i) the person whose records are being
sought has committed a violation for which a
civil penalty may be imposed under paragraph
(2) or has breached a duty owed to an insured
depository institution; and
``(ii) the person's financial condition is
undergoing or is likely, within 6 months of the
date of the request for the production of
financial records, to undergo a material
change.
``(B) Exception.--Subparagraph (A) shall not apply
with respect to a request for the production of
financial records by an appropriate Federal banking
agency of any person--
``(i) in connection with an investigation
of the person by the agency pursuant to section
7(j); or
``(ii) after an administrative or judicial
determination, on a record after opportunity
for agency hearing, that the person has
committed a violation for which a civil penalty
may be assessed under paragraph (2).''.
SEC. 4. DUE PROCESS PROTECTIONS RELATING TO ATTACHMENT OF ASSETS.
Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is
amended--
(1) by striking subsection (i)(4)(B) and inserting the
following new subparagraph:
``(B) Standard.--
``(i) Showing.--Rule 65 of the Federal
Rules of Civil Procedure shall apply with
respect to any proceeding under subparagraph
(A).
``(ii) State proceeding.--If, in the case
of any proceeding in a State court, the court
determines that rules of civil procedure
available under the laws of such State provide
substantially similar protections to such
party's right to due process as Rule 65 of the
Federal Rules of Civil Procedure, the relief
sought under subparagraph (A) may be requested
under the laws of such State.''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(10) Standard for certain orders.--No authority under
this subsection or subsection (c) to prohibit any institution-
affiliated party from withdrawing, transferring, removing,
dissipating, or disposing of any funds, assets, or other
property may be exercised unless the agency meets the standards
of Rule 65 of the Federal Rules of Civil Procedure.''.
SEC. 5. DIRECTOR AND OFFICER LIABILITY.
Section 11(k) of the Federal Deposit Insurance Act (12 U.S.C.
1821(k)) is amended by adding at the end the following new sentence:
``Notwithstanding the preceding sentence, a civil action for monetary
damages for losses due to a disregard of a duty of care may not be
brought against any director or officer of any insured depository
institution by the Corporation in any capacity described in clause (1),
(2), or (3) of the 1st sentence of this subsection under any provision
of State law, unless the standard of disregard required to be
demonstrated under such provision of law is as great or greater than
the standard described in the 1st sentence.''. | Lending Enhancement Through Necessary Due Process Act - Amends the Federal Deposit Insurance Act to make the following affirmative defenses available to a director, officer, or institution-affiliated party of an insured depository institution facing a civil action before a Federal banking agency or a court of jurisdiction: (1) business judgment; (2) regulatory approval; and (3) unforeseeable economic conditions.
Sets forth a minimum standard for the order of production of personal financial information by a regulatory agency or court.
Declares the Federal Rules of Civil Procedure relating to prejudgment attachment of assets applicable to Federal banking regulatory agencies.
Prohibits the Federal Deposit Insurance Corporation from bringing a civil action under State law against an officer or director of an insured depository institution for monetary damages for losses due to a disregard of a duty of care unless the State standard for such duty is as great or greater than the Federal standard. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Personal Exemption Fairness Act
of 2010''.
SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN PERSONAL EXEMPTIONS.
(a) In General.--Subsection (d) of section 151 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(5) Area cost-of-living adjustment.--
``(A) In general.--Each of the dollar amounts
otherwise in effect under paragraphs (1) and (3)(C) for
any taxable year beginning after 2010 shall be
multiplied by the applicable multiplier for the taxable
year which applies to the statistical area in which the
taxpayer's primary place of abode during the taxable
year is located.
``(B) Applicable multipliers.--For purposes of this
paragraph--
``(i) In general.--Not later than December
15 of each calendar year, the Secretary shall
prescribe an applicable multiplier for each
statistical area of the United States which
shall apply to taxable years beginning during
the succeeding calendar year.
``(ii) Determination of multipliers.--
``(I) In the case of a statistical
area where the cost-of-living
differential for the calendar year does
not exceed 125 percent, the applicable
multiplier is 1.
``(II) In the case of a statistical
area not described in subclause (I),
the applicable multiplier is the cost-
of-living differential for the calendar
year.
``(iii) Cost of living differential.--The
cost-of-living differential for any statistical
area for any calendar year is the percentage
determined by dividing--
``(I) the cost-of-living for such
area for the preceding calendar year,
by
``(II) the average cost-of-living
for the United States for the preceding
calendar year.
``(iv) Cost-of-living for area.--
``(I) In general.--For each
calendar year beginning after 2009, the
Secretary of Labor shall determine and
publish a cost-of-living index for each
statistical area.
``(II) Methodology.--The cost-of-
living index determined under subclause
(I) for any statistical area for any
calendar year shall be based on average
market prices for the area for the 12-
month period ending on August 31 of
such calendar year. The market prices
taken into account under the preceding
sentence shall be selected and used
under the same methodology as is used
by the Secretary of Labor in developing
the Consumer Price Index for All Urban
Consumers.
``(v) Statistical area.--For purposes of
this subsection the term `statistical area'
means--
``(I) any metropolitan statistical
area as defined by the Secretary of
Commerce, and
``(II) the portion of any State not
within a metropolitan statistical area
as so defined.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
(2) Transition rule.--Notwithstanding section 151(d)(5)(B)
of the Internal Revenue Code (as added by this section), the
date for prescribing applicable multipliers for taxable years
beginning in calendar year 2011 shall be the date 1 year after
the date of the enactment of this Act. | Personal Exemption Fairness Act of 2010 - Amends the Internal Revenue Code to require annual metropolitan statistical area cost-of-living adjustments, beginning after 2010, to the personal tax exemption amount. Directs the Secretary of Labor to determine and publish a cost-of-living index for each metropolitan statistical area. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell Phone Theft Prevention Act of
2012''.
SEC. 2. STOLEN MOBILE ELECTRONIC DEVICES.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. STOLEN MOBILE ELECTRONIC DEVICES.
``(a) Prohibition on Provision of Service.--
``(1) In general.--A provider of commercial mobile service
or commercial mobile data service may not provide service on a
mobile electronic device that has been reported to such
provider as stolen--
``(A) by the person who holds the account with
respect to such service, if such person submits to such
provider a copy of a report made to a law enforcement
agency regarding the theft; or
``(B) by another provider of commercial mobile
service or commercial mobile data service, in
accordance with paragraph (2).
``(2) Reporting by service providers.--A provider of
commercial mobile service or commercial mobile data service to
which a mobile electronic device is reported stolen as
described in paragraph (1)(A) shall inform all other providers
of such service--
``(A) that such device has been reported stolen;
and
``(B) of any information necessary for the
identification of such device.
``(b) Remote Deletion of Data.--A provider of commercial mobile
service or commercial mobile data service on a mobile electronic device
shall make available to the person who holds the account with respect
to such service the capability of deleting from such device, from a
remote location, all information that was placed on such device after
its manufacture.
``(c) Device Standards.--A person may not manufacture in the United
States or import into the United States for sale or resale to the
public a mobile electronic device unless such device is--
``(1) equipped with a unique identifier (such as a Mobile
Equipment Identifier) that allows a provider of commercial
mobile service or commercial mobile data service to identify
such device for purposes of complying with subsections (a) and
(b); and
``(2) configured in such a manner that the provider of
commercial mobile service or commercial mobile data service on
the device is able to make available the remote deletion
capability required by subsection (b).
``(d) Definitions.--In this section:
``(1) Commercial mobile data service.--The term `commercial
mobile data service' has the meaning given such term in section
6001 of the Middle Class Tax Relief and Job Creation Act of
2012 (Public Law 112-96).
``(2) Commercial mobile service.--The term `commercial
mobile service' has the meaning given such term in section 332.
``(3) Mobile electronic device.--The term `mobile
electronic device' means a personal electronic device on which
commercial mobile service or commercial mobile data service is
provided, except that such term does not include a device--
``(A) for which the consumer purchases service by
paying in advance for a specified amount of calling or
data usage; or
``(B) with respect to which the consumer does not
have a direct relationship with the provider of
commercial mobile service or commercial mobile data
service.''.
(b) Report to FCC.--Not later than 1 year after the date of the
enactment of this Act, each provider of commercial mobile service or
commercial mobile data service that provides such service on a mobile
electronic device shall submit to the Federal Communications Commission
a report on--
(1) the efforts such provider is making in order to be
prepared to comply, not later than the effective date described
in subsection (c)(1), with the requirements of subsections (a)
and (b) of section 343 of the Communications Act of 1934, as
added by subsection (a) of this section; and
(2) the progress of such provider toward being prepared to
comply with such requirements by such date.
(c) Effective Date.--
(1) In general.--Such section 343 shall take effect on the
date that is 2 years after the date of the enactment of this
Act.
(2) Devices previously manufactured or imported.--In the
case of a mobile electronic device that was manufactured in the
United States (or imported into the United States, if such
device was manufactured outside the United States) before the
date that is 2 years after the date of the enactment of this
Act, a provider of commercial mobile service or commercial
mobile data service shall only be required to comply with
subsections (a) and (b) of such section to the extent
technologically feasible.
(d) Definitions.--In this section, a term that is defined in such
section 343 shall have the meaning given such term in such section. | Cell Phone Theft Prevention Act of 2012 - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile or commercial mobile data service from providing service on a mobile electronic device reported to such provider as stolen by: (1) the person who holds the service account, if such person submits a copy of a report made to a law enforcement agency regarding the theft; or (2) another provider of commercial mobile or commercial mobile data service required by this Act to inform all other providers of a device reported stolen and of any information necessary for identification of the device.
Defines "mobile electronic device" as a personal electronic device on which commercial mobile or commercial mobile data service is provided, excluding devices: (1) for which the consumer purchases service by paying in advance for a specified amount of calling or data usage, or (2) with respect to which the consumer does not have a direct relationship with the provider.
Directs providers to make available to account holders the capability of deleting, from a remote location, all information that was placed on such a device after its manufacture.
Prohibits a person from manufacturing in or importing into the United States for sale or resale to the public a mobile electronic device unless it is: (1) equipped with a unique identifier that allows a provider to identify such device, and (2) configured to enable a provider to make available the remote deletion capability required by this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Junior Duck Stamp Conservation and
Design Program Act of 1994''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary of the Interior (in this Act
referred to as the ``Secretary'') may carry out in accordance with this
Act a program to be known as the ``Junior Duck Stamp Conservation and
Design Program'' (in this Act referred to as the ``Program'') to
accomplish the goals of--
(1) providing to school children environmental education
opportunities relating to the conservation and management of
migratory birds; and
(2) increasing the capacity for schools, States, and other
educational programs to conduct conservation and education
programs.
(b) Program Features.--The Program shall consist of--
(1) conducting in all interested States the activities which on
the day before the date of the enactment of this Act are conducted
under the program known as the Junior Duck Stamp Conservation and
Design Program;
(2) other activities authorized under the Program by this or
any other Act; and
(3) any other activity necessary to carry out the conservation
and education goals of the Program.
(c) Effort To Conduct Program in All States.--
(1) In general.--The Secretary shall take appropriate steps to
seek to conduct the Program in all of the 50 States.
(2) Annual report.--The Secretary shall annually submit a
report to the Congress on the status of the Program in each of the
50 States.
SEC. 3. JUNIOR DUCK STAMP.
(a) Competition.--As part of the Program, the Secretary may
annually conduct a competition to--
(1) solicit the submission by students at elementary and
secondary schools of designs relating to conservation of migratory
birds; and
(2) select winning designs from among those submissions for use
for licensing and marketing under subsection (b).
(b) Licensing and Marketing of Design of Junior Duck Stamps.--As
part of the Program, the Secretary may--
(1) license and market winning designs selected in competitions
under subsection (a); and
(2) license and market stamps bearing those designs, which
shall be known as Junior Duck Stamps.
(c) Use of Proceeds From Licensing and Marketing of Junior Duck
Stamps and Junior Duck Stamp Designs.--Amounts received under
subsection (b)--
(1) shall be available to the Secretary until expended, without
further appropriations, solely for--
(A) awards and scholarships to individuals who submit
designs in competitions under subsection (a), that are--
(i) selected in such a competition as winning designs;
or
(ii) otherwise determined in such a competition to be
superior;
(B) awards to schools and other participants to further
education activities related to the conservation education
goals of the Program; and
(C) expenses for licensing and marketing under subsection
(b); and
(2) may not be used for administrative expenses of the Program.
SEC. 4. ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS.
The Secretary may accept and use any gift, devise, or bequest of
personal property, or proceeds thereof, for the purpose of funding the
activities described in section 3(c)(1) (A) and (B).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for
administrative expenses of the Program $250,000 for each of the fiscal
years 1995 through 2000.
SEC. 6. ENVIRONMENTAL EDUCATION CENTER AND REFUGE HEADQUARTERS AT JOHN
HEINZ NATIONAL WILDLIFE REFUGE AT TINICUM.
(a) In General.--Notwithstanding other laws and subject to
subsection (b), the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, may transfer
to the National Fish and Wildlife Foundation the Cusano bequest.
(b) Conditions of Transfer.--As a condition of transferring the
Cusano bequest under subsection (a), the Secretary of the Interior
shall require the National Fish and Wildlife Foundation to enter into
an agreement under which the Foundation is required to--
(1) solicit additional non-Federal contributions to provide a
dollar for dollar match of the Cusano bequest;
(2) manage the Cusano bequest and those contributions in
accordance with all applicable requirements of the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.);
(3) use all amounts and proceeds from the Cusano bequest and
any non-Federal contributions received pursuant to paragraph (1)
for the purpose of designing and constructing a facility for an
environmental education center and refuge headquarters on lands
located within the John Heinz National Wildlife Refuge at Tinicum;
and
(4) donate the facility to the United States Fish and Wildlife
Service upon completion of its construction.
(c) Cusano Bequest Defined.--For purposes of this section, the term
``Cusano bequest'' means the amounts totaling approximately $2,473,971
which were donated to the Department of the Interior in 1994 by Mr.
Antonio Cusano of Crum Lynne, Pennsylvania, and includes all proceeds
derived from such amounts in the period since the donation was made.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Junior Duck Stamp Conservation and Design Program Act of 1994 - Authorizes the Secretary of the Interior to carry out the Junior Duck Stamp Conservation and Design Program. Permits the Secretary, as part of the Program, to conduct an annual competition to: (1) solicit the submission by elementary and secondary school students of designs relating to migratory bird conservation; and (2) select winning designs for use for licensing and marketing. Authorizes the Secretary to license and market winning designs and stamps bearing such designs, to be known as Junior Duck Stamps.
Makes licensing and marketing proceeds available solely for awards and scholarships to individuals who submit designs, awards to further education activities related to the conservation education goals of the Program, and expenses for licensing and marketing.
Authorizes appropriations.
Authorizes the Secretary, acting through the Director of the Fish and Wildlife Service, to accept a certain private bequest for the National Fish and Wildlife Foundation for purposes of designing and constructing an environmental education center and refuge headquarters within the John Heinz National Wildlife Refuge. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers Access to Justice Act
of 2012''.
SEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE ELEVENTH AMENDMENT WITH
RESPECT TO ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) In General.--Section 4323 of title 38, United States Code, is
amended--
(1) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) In the case of an action against a State (as an employer) by
a person, the action may be brought in the appropriate district court
of the United States or State court of competent jurisdiction.'';
(2) by redesignating subsection (i) as subsection (j); and
(3) by inserting after subsection (h) the following new
subsection:
``(i) Waiver of State Sovereign Immunity.--(1) A State's receipt or
use of Federal financial assistance for any program or activity of a
State shall constitute a waiver of sovereign immunity, under the
eleventh amendment to the Constitution or otherwise, to a suit brought
by--
``(A) a person who is or was an employee in that program or
activity for the rights or benefits authorized the person by
this chapter;
``(B) a person applying to be such an employee in that
program or activity for the rights or benefits authorized the
person by this chapter; or
``(C) a person seeking reemployment as an employee in that
program or activity for the rights or benefits authorized the
person by this chapter.
``(2) In this subsection, the term `program or activity' has the
meaning given that term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).''.
(b) Application.--The amendments made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are commenced after the date of the enactment of this
Act.
SEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES REGARDING
EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) In General.--Subchapter III of chapter 43 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 4328. Unenforceability of agreements to arbitrate disputes
``(a) Protection of Employee Rights.--Notwithstanding any other
provision of law, any clause of any agreement between an employer and
an employee that requires arbitration of a dispute arising under this
chapter shall not be enforceable.
``(b) Exceptions.--(1) Subsection (a) shall not apply with respect
to any dispute if, after such dispute arises, the parties involved
knowingly and voluntarily agree to submit such dispute to arbitration.
``(2) Subsection (a) shall not preclude the enforcement of any of
the rights or terms of a valid collective bargaining agreement.
``(c) Validity and Enforcement.--Any issue as to whether this
section applies to an arbitration clause shall be determined by Federal
law. Except as otherwise provided in chapter 1 of title 9, the validity
or enforceability of an agreement to arbitrate referred to in
subsection (a) or (b)(1), shall be determined by a court, rather than
the arbitrator, irrespective of whether the party resisting arbitration
challenges the agreement to arbitrate specifically or in conjunction
with other terms of the agreement.
``(d) Application.--This section shall apply with respect to all
contracts and agreements between an employer and an employee in force
before, on, or after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 4326 the
following new item:
``4328. Unenforceability of agreements to arbitrate disputes.''.
(c) Application.--The provisions of section 4328 of title 38,
United States Code, as added by subsection (a), shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) State and Private Employers.--Section 4323(d) of title 38,
United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(2) in paragraph (4) (as so redesignated)--
(A) by inserting after ``compensation'' each place
it appears the following: ``or damages'';
(B) by striking ``subparagraph (B) or (C) of
paragraph (1)'' the first place it appears and
inserting ``paragraph (1) or (3)''; and
(C) by striking ``subparagraph (B) or (C) of
paragraph (1)'' the second place it appears and
inserting ``paragraph (1) or (3)''; and
(3) by striking the subsection enumerator and heading and
paragraph (1) and inserting the following:
``(d) Remedies.--(1) A State or private employer who violates the
provisions of this chapter shall be liable to any person affected--
``(A) for damages in the amount of--
``(i) any wages, salary, benefits, or other
compensation denied or lost by such person by reason of
the violation; or
``(ii) in a case in which wages, salary, benefits,
or other compensation have not been denied or lost to
the person, any actual monetary losses sustained by the
person as a result of the violation;
``(B) the interest on the amount described in subparagraph
(A) calculated at the prevailing interest rates over the period
of time for which the damages are due; and
``(C) an additional amount as liquidated damages equal to
the sum of the amount described in subparagraph (A) and the
interest described in subparagraph (B), or $10,000, whichever
is greater except that, if the employer proves to the
satisfaction of the court that the act or omission giving rise
to the person's action was in good faith and that the employer
had reasonable grounds for believing the act or omission was
not a violation of the provisions of this chapter, the court
may award, in its discretion, no liquidated damages or award
any amount of liquidated damages not to exceed 100 percent of
the compensation or damages awarded under subparagraph (A) and
the interest described in subparagraph (B).
``(2) In any action under this section, the court may require the
employer to comply with the provisions of this chapter.''.
(b) Punitive Damages.--Section 4323(d) of such title is further
amended by inserting after paragraph (2) (as inserted by subsection
(a)(3) of this section) the following new paragraph:
``(3) In the case of a violation of this chapter by a State or
private employer with 25 or more employees, the court shall require the
employer to pay the person affected punitive damages if the court
determines that the employer's violation of this chapter was done with
malice or reckless indifference to the rights of the person under this
chapter.''.
(c) Right to Jury Trial.--Section 4323(d) of such title is further
amended by adding at the end the following:
``(6) A person who commences an action under this section shall be
entitled to a trial by jury.''.
(d) Federal Government Employers.--Paragraph (2) of section 4324(c)
of such title is amended to read as follows:
``(2) If the Board determines that a Federal executive agency or
the Office of Personnel Management has violated the provisions of this
chapter relating to the employment or reemployment of a person by the
agency, the Board shall enter an order requiring the agency or Office
to comply with such provisions and to compensate such person--
``(A) for damages in the amount of--
``(i) any wages, salary, benefits, or other
compensation denied or lost by such person by reason of
the violation; or
``(ii) in a case in which wages, salary, benefits,
or other compensation has not been denied or lost to
the person, any actual monetary losses sustained by the
person as a result of the violation;
``(B) the interest on the amount described in subparagraph
(A) calculated at the prevailing interest rates over the period
of time for which the damages are due; and
``(C) an additional amount as liquidated damages equal to
the sum of the amount described in subparagraph (A) and the
interest described in subparagraph (B), or $10,000, whichever
is greater; except that, if the Federal executive agency or the
Office of Personnel Management proves to the satisfaction of
the Board that the act or omission giving rise to such person's
complaint was in good faith and that the agency or Office had
reasonable grounds for believing that the act or omission was
not a violation of the provisions of this chapter, the Board
may award, in the discretion of the Board, no liquidated
damages or award any amount of liquidated damages not to exceed
100 percent of the compensation or damages awarded under
subparagraph (A) and the interest described in subparagraph
(B).''.
(e) Application.--The amendments made by this section shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are commenced after the date of the enactment of this
Act.
SEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE
EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) Enforcement of Rights With Respect to a State or Private
Employer.--Section 4323(h)(2) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
(b) Enforcement of Rights With Respect to Federal Executive
Agencies.--Section 4324(c)(4) of such title is amended by striking
``the Board may, in its discretion, award'' and inserting ``the Board
shall award''.
(c) Application.--The amendments made by subsections (a) and (b)
shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 6. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE.
(a) In General.--Section 4323(e) of title 38, United States Code,
is amended--
(1) by striking ``The court shall use,'' and inserting
``(1) The court shall use,''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding rule 65 of the Federal Rules of Civil
Procedure or any other provision of law, for purposes of determining
whether to issue an injunction or restraining order pursuant to
paragraph (1)--
``(A) an employer's denial of reemployment or retention in
employment shall constitute irreparable harm to a person who is
denied reemployment or retention in employment if an injunction
to reinstate such person is not issued, and such person shall
be considered to have no adequate remedy at law;
``(B) if the court balances the hardships between the
parties, there shall be a rebuttable presumption that the
balance of harm to a person who is denied reemployment or
retention in employment if an injunction to reinstate such
person is not issued outweighs the harm to such person's
employer or former employer if an injunction is issued to
reinstate such person; and
``(C) if the court considers the public interest or public
policy, there shall be a rebuttable presumption that the
issuance of an injunction to reinstate a person who is denied
reemployment or retention in employment is in the public
interest and advances public policy.''.
(b) Application.--The amendments made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 7. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE NOTICE TO CONTRACTORS
OF POTENTIAL OBLIGATIONS RELATING TO EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Civilian Agencies.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4712. Notice to contractors of potential obligations relating to
employment and reemployment rights of members of the
uniformed services
``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38, United States Code.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 47 of such title is amended by inserting
after the item relating to section 4711 the following new item:
``4712. Notice to contractors of potential obligations relating to
employment and reemployment rights of
members of the uniformed services.''.
(b) Armed Forces.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2336. Notice to contractors of potential obligations relating to
employment and reemployment rights of members of the
uniformed services
``Each contract for the procurement of property or services that is
entered into by the head of an executive agency shall include a notice
to the contractor that the contractor may have obligations under
chapter 43 of title 38.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by adding at the end the following new item:
``2336. Notice to contractors of potential obligations relating to
employment and reemployment rights of
members of the uniformed services.''.
SEC. 8. CLARIFYING THAT PROVISIONS OF SECTION 4302 OF TITLE 38, UNITED
STATES CODE, APPLY TO BOTH SUBSTANTIVE AND PROCEDURAL
RIGHTS.
Section 4302 of title 38, United States Code, is amended by
inserting ``substantive or procedural'' before ``right or benefit''
each place it occurs.
SEC. 9. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON EFFECTIVENESS
OF FEDERAL PROGRAMS OF EDUCATION AND OUTREACH ON EMPLOYER
OBLIGATIONS REGARDING EMPLOYMENT AND REEMPLOYMENT RIGHTS
OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study on the effectiveness of Federal programs of
education and outreach on employer obligations under chapter 43 of
title 38, United States Code.
(b) Contents of Study.--In carrying out the study required by
subsection (a), the Comptroller General shall--
(1) assess current practices and procedures of Federal
agencies for educating employers about their obligations under
chapter 43 of title 38, United States Code;
(2) identify best practices for bringing the employment
practices of small businesses into compliance with such
chapter;
(3) determine whether the Employer Support for the Guard
and Reserve, the Small Business Administration, or other
agencies could collaborate to develop a program to educate
employers regarding their obligations under such chapter; and
(4) determine the effect on recruitment and retention in
the National Guard and Reserves of the failure of employers to
meet their reemployment obligations under such chapter.
(c) Report to Congress.--Not later than December 31, 2012, the
Comptroller General shall submit to Congress a report on the study
conducted under subsection (a), including the following:
(1) The findings of the Comptroller General with respect to
such study.
(2) The recommendations of the Comptroller General for the
improvement of education and outreach for employers with
respect to their obligations under chapter 43 of title 38,
United States Code. | Servicemembers Access to Justice Act of 2012 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator).
Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases.
Requires (under current law, authorizes) the award of attorney fees in actions to enforce USERRA.
Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations.
Requires federal procurement contracts to include a notice that the contractor may have USERRA obligations.
Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Estate Transparency Act of
2007''.
SEC. 2. GREATER TRANSPARENCY OF SETTLEMENT FEES.
(a) In General.--Section 4 of the Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2603) is amended--
(1) in subsection (a), in the first sentence, by striking
``The Secretary,'' and inserting ``Provision of Settlement
Statement.--The Secretary,'';
(2) in subsection (b)--
(A) in the first sentence--
(i) by striking ``The form'' and inserting
``Advance Inspection of Settlement Statement.--
The form''; and
(ii) by striking ``, except'' and all that
follows through ``available at such time''; and
(B) in the second sentence--
(i) by striking ``Upon the request of the
borrower to inspect the form prescribed under
this section during the'' and inserting ``At
least 1'';
(ii) by striking ``shall permit the'' and
inserting ``shall provide a completed, written
copy of the settlement statement to the''; and
(iii) by striking ``to inspect those'' and
all that follows through ``preceding day''; and
(3) by adding at the end the following:
``(c) Agreement for Originator Fees.--
``(1) Notice of fees.--Not later than 3 days after a person
applies for a federally related mortgage loan, the mortgage
originator of such loan shall provide to that person a written
agreement itemizing all of the fees that person may be charged
by the mortgage originator, including any origination fees,
underwriting fees, broker fees, and any other fees to be
charged at or before the settlement of such loan to be paid to
the mortgage originator. Bona fide discount points payable by
such person to reduce the interest rate of such loan need not
be included on any originator fees agreement under this
paragraph.
``(2) Method of payment.--
``(A) In general.--Each originator fee agreement
under paragraph (1) shall set out the following 3
methods for the payment of the fees described in any
such agreement:
``(i) Payment in cash before or at
settlement.
``(ii) Adding such fees into the total loan
amount to be borrowed.
``(iii) Increasing the interest rate of the
loan.
``(B) Borrower's choice of payment method.--Each
applicant for a federally related mortgage loan, in
determining how to pay any of the fees described in an
originator fees agreement under paragraph (1), shall
choose one of the payment methods described under
subparagraph (A), except that the applicant may choose
to combine the payment methods described under clauses
(i) and (ii) of subparagraph (A).
``(C) Required explanation.--
``(i) Written.--Each originator fee
agreement under paragraph (1) shall include a
written explanation of each of the payment
options listed in subparagraph (A), along with
a clear and concise illustration of the effect
of each option on the amount borrowed, the
interest rate, the payments required on the
loan, and any other loan terms which might be
affected by such option.
``(ii) Oral.--Each mortgage originator of a
federally related mortgage loan shall explain
to each applicant for such a loan each of the
payment options listed in subparagraph (A)
before accepting any payment from that person.
``(D) Required signature.--Before any applicant for
a federally related mortgage loan is obligated to pay
any of the fees described in the originator fees
agreement under paragraph (1), the person shall have--
``(i) agreed to and signed the originator
fees agreement described under paragraph (1);
and
``(ii) exercised the option for determining
the method of payment for such fees.
``(d) Early Settlement Statement.--
``(1) In general.--Not later than 3 days after a person
applies for a federally related mortgage loan, the mortgage
originator of such loan shall provide to that person a written
early settlement statement of all of the settlement costs to be
charged to that person at or before settlement. The early
settlement statement shall be in the same or a similar form as
the statement of settlement costs provided to the person
pursuant to subsection (a).
``(2) Required inclusions.--Each early settlement statement
under this subsection shall include an itemization of the
following:
``(A) All fees agreed to by the applicant of a
federally related mortgage loan pursuant to the
originator fees agreement described under subsection
(c)(1).
``(B) All fees to be charged to that applicant by
independent third parties, including government
agencies at or before settlement of the loan, plus all
escrows reserves which may be required of that person.
``(e) Borrower Liability for Fees.--No borrower shall be liable for
any fees which are not disclosed on an early settlement statement,
except that the borrower is liable for such fees if--
``(1) the total amount charged for fees imposed by
independent third parties is--
``(A) not more than 10 percent greater than that
stated in the early settlement statement; or
``(B) greater than that allowed under subparagraph
(A) because bona fide and reasonable expenses were
incurred by such third parties for unanticipated
inspection, appraisal, survey, or flood certification
of the home which was the subject of such loan;
``(2) the mortgage originator provides a reasonable
explanation of the circumstances surrounding the settlement of
the loan of the borrower which were different than anticipated
by the mortgage originator when the statement was provided; and
``(3) the mortgage originator does not engage in a pattern
or practice of providing early settlement statements which
disclose individual fees of independent third parties in
different amounts than actually charged at settlement.
``(f) Liability for Failure To Comply.--
``(1) In general.--Whoever fails to comply with any
provision of this section shall be liable to the borrower for
an amount equal to the sum of--
``(A) any actual damages to the borrower as a
result of the failure; and
``(B) $5,000 for each such instance of
noncompliance.
``(2) Court costs.--In addition to any amount under
paragraph (1), in the case of any successful action brought by
a borrower under this subsection, such borrower shall be
reimbursed for the costs of the action, together with any
attorneys fees incurred in connection with such action as the
court may determine to be reasonable under the circumstances.
``(g) Definition.--As used in this section, the term `mortgage
originator'--
``(1) means any person who, for direct or indirect
compensation or gain, or in the expectation of direct or
indirect compensation or gain--
``(A) takes a residential mortgage loan
application; or
``(B) assists a consumer in obtaining or applying
to obtain a residential mortgage loan; and
``(2) includes any person who makes loans directly or
brokers loans for others.''.
(b) Conforming Amendment.--Section 5(c) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is hereby
repealed. | Real Estate Transparency Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to modify requirements governing settlement statements.
Requires the originator of a federally related mortgage loan to provide, within three days of a loan application, a written agreement to the applicant itemizing all of the fees the originator may charge at or before loan settlement, including origination, underwriting, and broker fees. Excludes from such requirement bona fide discount points payable by the borrower to reduce the loan's interest rate.
Requires an originator fee agreement to set out the following fee payment methods: (1) paying in cash before or at settlement; (2) adding such fees into the total loan amount to be borrowed; and (3) increasing the loan's interest rate.
Requires: (1) written and oral explanations of a borrower's payment options; and (2) a borrower's signature attesting agreement with originator fees and with the chosen method of payment.
Requires the originator to provide the applicant with a written early settlement statement of all settlement costs to be charged at or before settlement.
Shields borrowers from liability for any such fees not disclosed on an early settlement statement, except in certain circumstances.
Establishes originator liability to a borrower for non-compliance with this Act, including reimbursement of the borrower for court costs.
Repeals the requirement that special information booklets prepared by the Secretary of Housing and Urban Development (HUD) for borrowers contain a good faith estimate of the amount or range of expected settlement charges. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Control Credit Act of 2013''.
SEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT.
(a) In General.--Subject to subsection (b), the Secretary of the
Army may apply credit for in-kind contributions provided by a non-
Federal interest that is in excess of the required non-Federal cost-
share for a water resources study or project, including credit for in-
kind contributions provided to accelerate completion of a water
resources study or project, toward the required non-Federal cost-share
for a different water resources study or project.
(b) Restrictions.--
(1) In general.--Except for subsection (a)(4)(D)(i) of that
section, the requirements of section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 3 of
this Act) shall apply to any credit under this section.
(2) Conditions.--Credit in excess of the non-Federal cost-
share for a study or project may be approved under this section
only if--
(A) the non-Federal interest submits a
comprehensive plan to the Secretary that identifies--
(i) the studies and projects for which the
non-Federal interest intends to provide in-kind
contributions for credit that is in excess of
the non-Federal cost share for the study or
project; and
(ii) the studies and projects to which that
excess credit would be applied;
(B) the Secretary approves the comprehensive plan;
and
(C) the total amount of credit does not exceed the
total non-Federal cost-share for the studies and
projects in the approved comprehensive plan.
(c) Additional Criteria.--In evaluating a request to apply credit
in excess of the non-Federal cost-share for a study or project toward a
different study or project, the Secretary shall consider whether
applying that credit will--
(1) help to expedite the completion of a project or group
of projects;
(2) reduce costs to the Federal Government; and
(3) aid the completion of a project that provides
significant flood risk reduction or environmental benefits.
(d) Report.--
(1) Deadlines.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
an interim report on the use of the authority under
this section.
(B) Final report.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a final report on the use of the authority under this
section.
(2) Inclusions.--The reports described in paragraph (1)
shall include--
(A) a description of the use of the authority under
this section during the reporting period;
(B) an assessment of the impact of the authority
under this section on the time required to complete
projects; and
(C) an assessment of the impact of the authority
under this section on other water resources projects.
SEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS.
(a) In General.--Section 221(a)(4) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(a)(4)) is amended--
(1) in subparagraph (A), in the matter preceding clause (i)
by inserting ``or a project under an environmental
infrastructure assistance program'' after ``law'';
(2) in subparagraph (C), by striking ``In any case'' and
all that follows through the period at the end and inserting
the following:
``(i) Construction.--
``(I) In general.--In any case in
which the non-Federal interest is to
receive credit under subparagraph (A)
for the cost of construction carried
out by the non-Federal interest before
execution of a partnership agreement
and that construction has not been
carried out as of the date of enactment
of this subparagraph, the Secretary and
the non-Federal interest shall enter
into an agreement under which the non-
Federal interest shall carry out such
work prior to the non-Federal interest
initiating construction or issuing a
written notice to proceed for the
construction.
``(II) Eligibility.--Construction
that is carried out after the execution
of an agreement to carry out work
described in subclause (I) and any
design activities that are required for
that construction, even if the design
activity is carried out prior to the
execution of the agreement to carry out
work, shall be eligible for credit.
``(ii) Planning.--
``(I) In general.--In any case in
which the non-Federal interest is to
receive credit under subparagraph (A)
for the cost of planning carried out by
the non-Federal interest before
execution of a feasibility cost sharing
agreement, the Secretary and the non-
Federal interest shall enter into an
agreement under which the non-Federal
interest shall carry out such work
prior to the non-Federal interest
initiating that planning.
``(II) Eligibility.--Planning that
is carried out by the non-Federal
interest after the execution of an
agreement to carry out work described
in subclause (I) shall be eligible for
credit.'';
(3) in subparagraph (D)(iii), by striking ``sections 101
and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A)
of the Water Resources Development Act of 1986 (33 U.S.C.
2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
(4) by redesignating subparagraph (E) as subparagraph (H);
(5) by inserting after subparagraph (D) the following:
``(E) Analysis of costs and benefits.--In the
evaluation of the costs and benefits of a project, the
Secretary shall not consider construction carried out
by a non-Federal interest under this subsection as part
of the future without project condition.
``(F) Transfer of credit between separable elements
of a project.--Credit for in-kind contributions
provided by a non-Federal interest, under this section
or section 104 of the Water Resources Development Act
of 1986 (33 U.S.C. 2214), that are in excess of the
non-Federal cost share for an authorized separable
element of a project may be applied toward the non-
Federal cost share for a different authorized separable
element of the same project or toward another
authorized project, within the same watershed, for
which the non-Federal interest has a cost share
responsibility.
``(G) Application of credit.--To the extent that
credit for in-kind contributions, as limited by
subparagraph (D), and credit for required land,
easements, rights-of-way, dredged material disposal
areas, and relocations provided by the non-Federal
interest exceed the non-Federal share of the cost of
construction of a project other than a navigation
project, the Secretary shall reimburse the difference
to the non-Federal interest, subject to the
availability of funds.''; and
(6) in subparagraph (H) (as redesignated by paragraph
(4))--
(A) in clause (i), by inserting ``, and to water
resources projects authorized prior to the date of
enactment of the Water Resources Development Act of
1986 (Public Law 99-662), if correction of design
deficiencies is necessary'' before the period at the
end; and
(B) by striking clause (ii) and inserting the
following:
``(ii) Authorization in
addition to specific credit
provision.--In any case in
which a specific provision of
law authorizes credit for in-
kind contributions provided by
a non-Federal interest before
the date of execution of a
partnership agreement, the
Secretary may apply the
authority provided in this
paragraph to allow credit for
in-kind contributions provided
by the non-Federal interest on
or after the date of execution
of the partnership
agreement.''.
(b) Applicability.--Section 2003(e) of the Water Resources
Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended by
inserting ``, or construction of design deficiency corrections on the
project,'' after ``construction on the project''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
take effect on November 8, 2007.
(d) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Army shall update
any guidance or regulations for carrying out section 221(a)(4)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as
amended by subsection (a)) that are in existence on the date of
enactment of this Act or issue new guidelines, as determined to
be appropriate by the Secretary.
(2) Inclusions.--Any guidance, regulations, or guidelines
updated or issued under paragraph (1) shall include, at a
minimum--
(A) the milestone for executing an in-kind
memorandum of understanding for construction by a non-
Federal interest;
(B) criteria and procedures for evaluating a
request to execute an in-kind memorandum of
understanding for construction by a non-Federal
interest that is earlier than the milestone under
subparagraph (A) for that execution; and
(C) criteria and procedures for determining whether
work carried out by a non-Federal interest is integral
to a project.
(3) Public and stakeholder participation.--Before issuing
any new or revised guidance, regulations, or guidelines or any
subsequent updates to those documents, the Secretary shall--
(A) consult with affected non-Federal interests;
(B) publish the proposed guidelines developed under
this subsection in the Federal Register; and
(C) provide the public with an opportunity to
comment on the proposed guidelines.
(e) Interim Period.--During the period beginning on the date of
enactment of this Act and ending on the date on which guidance,
regulations, or guidelines are updated or issued under subsection (d),
the Secretary shall process credit under section 104 of the Water
Resources Development Act of 1986 (33 U.S.C. 2214), upon request of a
non-Federal interest, if--
(1) the applicable non-Federal work meets the requirements
for credit under section 104; and
(2) the applicable non-Federal work does not meet the
requirements for credit under existing guidelines for section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
(f) Availability of Credit.--Credit for in-kind contributions
authorized under section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) or section 104 of the Water Resources Development Act
of 1986 (33 U.S.C. 2214) shall be available for work performed by a
non-Federal interest on any separable element of a project following
the identification by the Secretary of project alternatives as part of
a feasibility study or a general or limited reevaluation report.
(g) Other Credit.--Nothing in section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by
subsection (a)) affects any eligibility for credit under section 104 of
the Water Resources Development of 1986 (33 U.S.C. 2214) that was
approved by the Secretary prior to the date of enactment of this Act. | Flood Control Credit Act of 2013 - Authorizes the Secretary of the Army to apply credit for in-kind contributions by a non-federal interest that exceed the required non-federal cost-share for a water resources study or project, including credit for in-kind contributions provided to accelerate completion of such a study or project, toward the required non-federal cost-share for a different water resources study or project. Allows credit in excess of non-federal cost-share for a study or project to be approved only if: (1) the non-federal interest submits a comprehensive plan to the Secretary that identifies the studies and projects for which it intends to provide in-kind contributions for credit that is in excess of the non-federal cost share for the study or project and the studies and projects to which that excess credit would be applied, (2) the Secretary approves such plan, and (3) the total amount of credit does not exceed the total non-federal cost-share for the studies and projects in the approved plan. Directs the Secretary to consider whether applying such credit will: (1) help to expedite the completion of a project or group of projects, (2) reduce federal government costs, and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. Amends the Flood Control Act of 1970 to: allow a partnership agreement for the construction of a water resources project to require the Secretary to credit the value of in-kind contributions made by the non-federal interest toward the non-federal share of the cost of a project under an environmental infrastructure assistance program; require the Secretary and the non-federal interest, in any case in which the non-federal interest is to receive credit for the cost of construction it carried out before execution of a partnership agreement and such construction has not been carried out as of the date of enactment of this Act, to enter into an agreement under which the non-federal interest shall carry out such work prior to initiating construction or issuing a written notice to proceed for the construction; provide that construction that is carried out after the execution of such an agreement, and any design activities that are required for that construction, shall be eligible for credit; allow credit for in-kind contributions provided by a non-federal interest that are in excess of the non-federal cost share for an authorized separable element of a project to be applied toward the non-federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-federal interest has a cost share responsibility; and require the Secretary, to the extent that credit for in-kind contributions and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-federal interest exceed the non-federal share of the cost of construction of a project other than a navigation project, to reimburse the difference to the non-federal interest. Requires credit for in-kind contributions authorized for a water resources project under the Flood Control Act of 1970 or a flood control project under the Water Resources Development Act of 1986 to be available for work performed by a non-federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense of Environment and Property
Act of 2012''.
SEC. 2. NAVIGABLE WATERS.
(a) In General.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting
the following:
``(7) Navigable waters.--
``(A) In general.--The term `navigable waters'
means the waters of the United States, including the
territorial seas, that are--
``(i) navigable-in-fact; or
``(ii) permanent, standing, or continuously
flowing bodies of water that form geographical
features commonly known as streams, oceans,
rivers, and lakes that are connected to waters
that are navigable-in-fact.
``(B) Exclusions.--The term `navigable waters' does
not include--
``(i) waters that--
``(I) do not physically abut waters
described in subparagraph (A); and
``(II) lack a continuous surface
water connection to navigable waters;
``(ii) man-made or natural structures or
channels--
``(I) through which water flows
intermittently or ephemerally; or
``(II) that periodically provide
drainage for rainfall; or
``(iii) wetlands without a continuous
surface connection to bodies of water that are
waters of the United States.
``(C) EPA and corps activities.--An activity
carried out by the Administrator or the Corps of
Engineers shall not, without explicit State
authorization, impinge upon the traditional and primary
power of States over land and water use.
``(D) Aggregation; wetlands.--
``(i) Aggregation.--Aggregation of wetlands
or waters not described in clauses (i) through
(iii) of subparagraph (B) shall not be used to
determine or assert Federal jurisdiction.
``(ii) Wetlands.--Wetlands described in
subparagraph (B)(iii) shall not be considered
to be under Federal jurisdiction.
``(E) Appeals.--A jurisdictional determination by
the Administrator that would affect the ability of a
State to plan the development and use (including
restoration, preservation, and enhancement) of land and
water resources may be appealed by the State during the
30-day period beginning on the date of the
determination.
``(F) Treatment of ground water.--Ground water
shall--
``(i) be considered to be State water; and
``(ii) not be considered in determining or
asserting Federal jurisdiction over isolated or
other waters, including intermittent or
ephemeral water bodies.''.
(b) Prohibition on Use of Nexus Test.--Notwithstanding any other
provision of law, the Administrator of the Environmental Protection
Agency may not use a significant nexus test (as used by the
Environmental Protection Agency in the document listed in section
3(a)(3) of this Act) to determine Federal jurisdiction over navigable
waters and waters of the United States (as those terms are defined and
used, respectively, in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362)).
(c) Applicability.--Nothing in this section or the amendments made
by this section affects or alters any exemption under--
(1) section 402(l) of the Federal Water Pollution Control
Act (33 U.S.C. 1342(l)); or
(2) section 404(f) of the Federal Water Pollution Control
Act (33 U.S.C. 1344(f)).
SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.
(a) In General.--The following regulations and guidance shall have
no force or effect:
(1) The final rule of the Corps of Engineers entitled
``Final Rule for Regulatory Programs of the Corps of
Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).
(2) The proposed rule of the Environmental Protection
Agency entitled ``Advance Notice of Proposed Rulemaking on the
Clean Water Act Regulatory Definition of `Waters of the United
States''' (68 Fed. Reg. 1991 (January 15, 2003)).
(3) The guidance document entitled ``Clean Water Act
Jurisdiction Following the U.S. Supreme Court's Decision in
`Rapanos v. United States' & `Carabell v. United States'''
(December 2, 2008) (relating to the definition of waters under
the jurisdiction of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.)).
(4) Any subsequent regulation of or guidance issued by any
Federal agency that defines or interprets the term ``navigable
waters''.
(b) Prohibition.--The Secretary of the Army, acting through the
Chief of Engineers, and the Administrator of the Environmental
Protection Agency shall not promulgate any rules or issue any guidance
that expands or interprets the definition of navigable waters unless
expressly authorized by Congress.
SEC. 4. STATE REGULATION OF WATER.
Nothing in this Act affects, amends, or supersedes--
(1) the right of a State to regulate waters in the State;
or
(2) the duty of a landowner to adhere to any State nuisance
laws (including regulations) relating to waters in the State.
SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES.
Section 308 of the Federal Water Pollution Control Act (33 U.S.C.
1318) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Entry by federal agency.--A representative of a
Federal agency shall only enter private property to collect
information about navigable waters if the owner of that
property--
``(A) has consented to the entry in writing;
``(B) is notified regarding the date of the entry;
and
``(C) is given access to any data collected from
the entry.
``(2) Access.--If a landowner consents to entry under
paragraph (1), the landowner shall have the right to be present
at the time any data collection on the property of the
landowner is carried out.''.
SEC. 6. COMPENSATION FOR REGULATORY TAKING.
(a) In General.--If a Federal regulation relating to the definition
of navigable waters or waters of the United States diminishes the fair
market value or economic viability of a property, as determined by an
independent appraiser, the Federal agency issuing the regulation shall
pay the affected property owner an amount equal to twice the value of
the loss.
(b) Administration.--Any payment provided under subsection (a)
shall be made from the amounts made available to the relevant agency
head for general operations of the agency.
(c) Applicability.--A Federal regulation described in subsection
(a) shall have no force or effect until the date on which each
landowner with a claim under this section relating to that regulation
has been compensated in accordance with this section. | Defense of Environment and Property Act of 2012 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to redefine "navigable waters" to specify that included territorial seas are those that are: (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters; (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall; or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States.
Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use.
Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction; and (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction.
Authorizes states to appeal jurisdictional determinations by the Administrator that would affect their ability to plan the development and use of land and water resources for 30 days after such determination.
Considers ground water to be state water. Prohibits ground water from being considered in determining or asserting federal jurisdiction over isolated or other waters.
Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States.
Gives no force or effect to: (1) the Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers"; (2) EPA's proposed rule entitled "Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States'"; (3) the guidance document entitled "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States (relating to the definition of waters under the jurisdiction of the Clean Water Act); and (4) any subsequent regulation of or guidance issued by federal agencies that defines or interprets the term "navigable waters."
Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.
Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters.
Requires federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Republic of the Marshall Islands
Supplemental Nuclear Compensation Act of 2011''.
SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND.
Section 103(f)(1) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921b(f)(1)) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(B) Continued monitoring on runit island.--
``(i) Cactus crater containment and
groundwater monitoring.--Effective beginning
January 1, 2008, the Secretary of Energy shall,
as a part of the Marshall Islands program
conducted under subparagraph (A), periodically
(but not less frequently than every 4 years)
conduct--
``(I) a visual study of the
concrete exterior of the Cactus Crater
containment structure on Runit Island;
and
``(II) a radiochemical analysis of
the groundwater surrounding and in the
Cactus Crater containment structure on
Runit Island.
``(ii) Report.--The Secretary shall submit
to the Committee on Energy and Natural
Resources of the Senate, and the Committee on
Natural Resources of the House of
Representatives, a report that contains--
``(I) a description of--
``(aa) the results of each
visual survey conducted under
clause (i)(I); and
``(bb) the results of the
radiochemical analysis
conducted under clause (i)(II);
and
``(II) a determination on whether
the surveys and analyses indicate any
significant change in the health risks
to the people of Enewetak from the
contaminants within the Cactus Crater
containment structure.
``(iii) Funding for groundwater
monitoring.--The Secretary of the Interior
shall make available to the Department of
Energy, Marshall Islands Program, from funds
available for the Technical Assistance Program
of the Office of Insular Affairs, the amounts
necessary to conduct the radiochemical analysis
of groundwater under clause(i)(II).''.
SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000.
(a) Definitions for Program Administration.--Section 3621 of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384l) is amended by adding at the end the following:
``(18) The terms `covered employee', `atomic weapons
employee', and `Department of Energy contractor employee' (as
defined in paragraphs (1), (3), and (11), respectively) include
a citizen or national of the Republic of the Marshall Islands
or the Federated States of Micronesia who is otherwise covered
by that paragraph.''.
(b) Definition of Covered DOE Contractor Employee.--Section 3671(1)
of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385s(1)) is amended by inserting before the period
at the end the following: ``, including a citizen or national of the
Republic of the Marshall Islands or the Federated States of Micronesia
who is otherwise covered by this paragraph''.
(c) Offset of Benefits With Respect to the Compact of Free
Association.--Subtitle C of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385 et seq.) is amended by
inserting after section 3653 (42 U.S.C. 7385j-2) the following:
``SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE COMPACT OF FREE
ASSOCIATION.
``An individual who has been awarded compensation under this title,
and who has also received compensation benefits under the Compact of
Free Association between the United States and the Republic of the
Marshall Islands (48 U.S.C. 1681 et seq.) (referred to in this section
as the `Compact of Free Association'), by reason of the same illness,
shall receive the compensation awarded under this title reduced by the
amount of any compensation benefits received under the Compact of Free
Association, other than medical benefits and benefits for vocational
rehabilitation that the individual received by reason of the illness,
after deducting the reasonable costs (as determined by the Secretary)
of obtaining those benefits under the Compact of Free Association.''.
SEC. 4. SUPPLEMENTAL HEALTH CARE GRANT.
Section 103(h) of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(h)) is amended by adding at the end the
following:
``(4) Supplemental health care grant.--
``(A) In general.--In addition to amounts provided
under section 211 of the U.S.-RMI Compact (48 U.S.C.
1921 note), the Secretary of the Interior shall provide
to the Republic of the Marshall Islands an annual
supplemental health care grant in the amount made
available under subparagraph (D)--
``(i)(I) to provide enhanced primary health
care, with an emphasis on providing regular
screenings for radiogenic illnesses by
upgrading existing services or by providing
quarterly medical field team visits, as
appropriate, in each of Enewetak, Bikini,
Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho,
Wotje, and Ujelang Atolls, which were affected
by the nuclear testing program of the United
States; and
``(II) to enhance the capabilities of the
Marshall Islands to provide secondary treatment
for radiogenic illness; and
``(ii) to construct and operate a whole-
body counting facility on Utrik Atoll.
``(B) Conditions on health care grants.--To ensure
the effective use of grants funds under clause (i) of
subparagraph (A), the Secretary of the Interior, after
consultation with the Republic of the Marshall Islands,
may establish additional conditions on the provision of
grants under that clause.
``(C) Memorandum of agreement.--To meet the
objectives of clause (ii) of subparagraph (A), the
Secretary of the Interior, the Secretary of Energy, and
the Government of the Republic of the Marshall Islands
shall enter into a memorandum of agreement setting
forth the terms, conditions, and respective
responsibilities of the parties to the memorandum of
agreement in carrying out that clause.
``(D) Funding.--As authorized by section 105(c),
there is appropriated to the Secretary of the Interior,
out of funds in the Treasury not otherwise
appropriated, to carry out this paragraph $4,500,000
for each of fiscal years 2009 through 2023, as adjusted
for inflation in accordance with section 218 of the
U.S.-RMI Compact, to remain available until
expended.''.
SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL ISLANDS.
(a) In General.--The Secretary of the Interior shall enter into an
agreement with the National Academy of Sciences under which the
National Academy of Sciences shall conduct an assessment of the health
impacts of the United States nuclear testing program conducted in the
Republic of the Marshall Islands on the residents of the Republic of
the Marshall Islands.
(b) Report.--On completion of the assessment under subsection (a),
the National Academy of Sciences shall submit to Congress, the
Secretary, the Committee on Energy and Natural Resources of the Senate,
and the Committee on Natural Resources of the House of Representatives,
a report on the results of the assessment.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2011 - Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of Energy (DOE) to periodically conduct: (1) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island, and (2) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. Makes specified funds available to conduct such radiochemical groundwater analysis.
Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia within the definitions of "covered employee," "atomic weapons employee," and "Department of Energy contractor employee."
Reduces compensation awarded to an individual under such Act who also received compensation under the Compact of Free Association between the United States and the Republic of the Marshall Islands for the same illness by any compensation received under such Compact, other than medical benefits and benefits for vocational rehabilitation that the individual received by reason of the illness, after deducting the reasonable costs of obtaining those benefits.
Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of the Interior to provide to the Republic of the Marshall Islands an annual supplemental health care grant to: (1) provide enhanced primary health care, with an emphasis on providing regular screenings for radiogenic illnesses by upgrading existing services or by providing quarterly medical field team visits in Enewetak, Bikini, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, Wotje, and Ujelang Atolls, which were affected by the U.S. nuclear testing program; (2) enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness; and (3) operate a whole-body counting facility on Utrik Atoll.
Provides for a National Academy of Sciences assessment of the U.S. nuclear testing program's health impacts on the residents of the Republic of the Marshall Islands. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Company Capital Formation Act
of 2011''.
SEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES.
(a) In General.--Section 3(b) of the Securities Act of 1933 (15
U.S.C. 77c(b)) is amended--
(1) by striking ``(b) The Commission'' and inserting the
following:
``(b) Additional Exemptions.--
``(1) Small issues exemptive authority.--The Commission'';
and
(2) by adding at the end the following:
``(2) Additional issues.--The Commission shall by rule or
regulation add a class of securities to the securities exempted
pursuant to this section in accordance with the following terms
and conditions:
``(A) The aggregate offering amount of all
securities offered and sold within the prior 12-month
period in reliance on the exemption added in accordance
with this paragraph shall not exceed $50,000,000.
``(B) The securities may be offered and sold
publicly.
``(C) The securities shall not be restricted
securities within the meaning of the Federal securities
laws and the regulations promulgated thereunder.
``(D) The civil liability provision in section
12(a)(2) shall apply to any person offering or selling
such securities.
``(E) The issuer may solicit interest in the
offering prior to filing any offering statement, on
such terms and conditions as the Commission may
prescribe in the public interest or for the protection
of investors.
``(F) The Commission shall require the issuer to
file audited financial statements with the Commission
annually.
``(G) Such other terms, conditions, or requirements
as the Commission may determine necessary in the public
interest and for the protection of investors, which may
include--
``(i) a requirement that the issuer prepare
and electronically file with the Commission and
distribute to prospective investors an offering
statement, and any related documents, in such
form and with such content as prescribed by the
Commission, including audited financial
statements, a description of the issuer's
business operations, its financial condition,
its corporate governance principles, its use of
investor funds, and other appropriate matters;
and
``(ii) disqualification provisions under
which the exemption shall not be available to
the issuer or its predecessors, affiliates,
officers, directors, underwriters, or other
related persons, which shall be substantially
similar to the disqualification provisions
contained in the regulations adopted in
accordance with section 926 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act
(15 U.S.C. 77d note).
``(3) Limitation.--Only the following types of securities
may be exempted under a rule or regulation adopted pursuant to
paragraph (2): equity securities, debt securities, and debt
securities convertible or exchangeable to equity interests,
including any guarantees of such securities.
``(4) Periodic disclosures.--Upon such terms and conditions
as the Commission determines necessary in the public interest
and for the protection of investors, the Commission by rule or
regulation may require an issuer of a class of securities
exempted under paragraph (2) to make available to investors and
file with the Commission periodic disclosures regarding the
issuer, its business operations, its financial condition, its
corporate governance principles, its use of investor funds, and
other appropriate matters, and also may provide for the
suspension and termination of such a requirement with respect
to that issuer.
``(5) Adjustment.--Not later than 2 years after the date of
enactment of the Small Company Capital Formation Act of 2011
and every 2 years thereafter, the Commission shall review the
offering amount limitation described in paragraph (2)(A) and
shall increase such amount as the Commission determines
appropriate. If the Commission determines not to increase such
amount, it shall report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on its reasons for not
increasing the amount.''.
(b) Treatment as Covered Securities for Purposes of NSMIA.--Section
18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
amended--
(1) in subparagraph (C), by striking ``; or'' at the end
and inserting a semicolon; and
(2) by redesignating subparagraph (D) as subparagraph (E),
and inserting after subparagraph (C) the following:
``(D) a rule or regulation adopted pursuant to
section 3(b)(2) and such security is--
``(i) offered or sold on a national
securities exchange; or
``(ii) offered or sold to a qualified
purchaser, as defined by the Commission
pursuant to paragraph (3) with respect to that
purchase or sale.''.
(c) Conforming Amendment.--Section 4(5) of the Securities Act of
1933 is amended by striking ``section 3(b)'' and inserting ``section
3(b)(1)''.
SEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A
OFFERINGS.
The Comptroller General shall conduct a study on the impact of
State laws regulating securities offerings, or ``Blue Sky laws'', on
offerings made under Regulation A (17 CFR 230.251 et seq.). The
Comptroller General shall transmit a report on the findings of the
study to the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and Urban
Affairs of the Senate not later than 3 months after the date of
enactment of this Act.
Passed the House of Representatives November 2, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Small Company Capital Formation Act of 2011 - (Sec. 2) Amends the Securities Act of 1933 (Act) to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities sold within the prior 12-month period in reliance upon such exemption does not exceed $50 million. Restricts any such exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities.
Subjects to civil liability certain violations arising from offering or selling securities by use of prospectuses and communications. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, financial condition, corporate governance principles, and use of investor funds; (2) require the issuer to file electronically with the SEC and distribute to prospective investors an offering statement which includes this information; (3) provide for the suspension and termination of this disclosure requirement with respect to that issuer; and (4) prescribe exemption disqualification requirements, substantially similar to regulations adopted in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, under which the exemption shall not be available to the issuer and related persons, including predecessors, affiliates, officers, directors, and underwriters.
Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate; and (2) report to certain congressional committees its reasons for not increasing the amount if it determines not to do so.
Exempts from state regulation the securities covered and required exempted from SEC regulation by this Act.
(Sec. 3) Directs the Comptroller General to study the impact of state laws regulating securities offerings (Blue Sky laws) on offerings made under Regulation A (which specifies the terms and conditions of exemption from the registration requirements of the Securities Act of 1933). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meat Promotion Act of 2005''.
SEC. 2. VOLUNTARY PROGRAM FOR COUNTRY OF ORIGIN LABELING FOR MEAT.
(a) Establishment.--The Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.) is amended by adding at the end the following:
``Subtitle E--Country of Origin Labeling for Meat
``SEC. 291. DEFINITIONS.
``In this subtitle:
``(1) Beef.--The term `beef' means meat produced from
cattle (including veal).
``(2) Covered meat product.--The term `covered meat
product' means ground beef, ground pork, ground lamb, and fresh
muscle cuts of beef, pork, and lamb.
``(3) Lamb.--The term `lamb' means meat produced from
sheep.
``(4) Pork.--The term `pork' means meat produced from
swine.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``SEC. 292. VOLUNTARY PROGRAM.
``The Secretary of Agriculture shall establish a voluntary program
of country of origin labeling for covered meat products.
``SEC. 293. LABEL.
``For purposes of the program established under section 292, the
Secretary shall--
``(1) design a label to be used to designate the country of
origin of covered meat products; and
``(2) require persons participating in the program to use
the label designed under paragraph (1), or such other label as
the Secretary determines appropriate, to designate the country
of origin of covered meat products.
``SEC. 294. LIMITATION ON USE OF UNITED STATES AS COUNTRY OF ORIGIN.
``A person participating in the program established under section
292 may not designate a covered meat product as having the United
States as the country of origin unless the covered meat product is
derived exclusively from--
``(1) an animal born, raised, and slaughtered in the United
States; or
``(2) an animal born and raised in Alaska or Hawaii,
transported for a period not to exceed 60 days outside of those
States, and slaughtered in the United States.
``SEC. 295. VERIFICATION.
``The Secretary may require participants in the program established
under section 292 to maintain a recordkeeping audit trail that will
permit the Secretary to verify compliance with the program.
``SEC. 296. ENFORCEMENT.
``(a) Civil Penalty.--
``(1) Assessment.--The Secretary may assess a civil penalty
against a participant in the program established under section
292 that purposely or knowingly violates the terms of the
program.
``(2) Amount of penalty.--The amount of the civil penalty
assessed under paragraph (1) may not exceed $10,000 for each
violation.
``(3) Continuing violation.--Each day during which a
violation of the program continues shall be considered to be a
separate violation.
``(b) Notice and Hearing.--The Secretary shall not assess a civil
penalty under this section against a person unless the person is given
notice and opportunity for a hearing in accordance with section 554 of
title 5, United States Code, with respect to the violation for which
the person is being assessed.
``SEC. 297. REGULATIONS.
``Not later than 180 days after the date of the enactment of the
Meat Promotion Act of 2005, the Secretary shall promulgate regulations
to carry out the program established under section 292.''.
(b) Conforming Amendments.--Subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.) is amended--
(1) in the heading to read as follows:
``Subtitle D--Country of Origin Labeling for Fish, Perishable
Agricultural Commodities, and Peanuts''.
(2) in section 281--
(A) by striking paragraphs (1), (5), and (7);
(B) in paragraph (2)(A)--
(i) by striking clauses (i) and (ii); and
(ii) by redesignating clauses (iii), (iv),
(v), and (vi) as clauses (i), (ii), (iii), and
(iv), respectively; and
(C) by redesignating paragraphs (2), (3), (4), (6),
(8), and (9) as paragraphs (1), (2), (3), (4), (5), and
(6), respectively; and
(3) in section 282--
(A) in subsection (a)(2)--
(i) by striking subparagraphs (A) and (B);
and
(ii) by redesignating subparagraphs (C),
(D), and (E) as subparagraphs (A), (B), and
(C), respectively; and
(B) in subsection (f)(2)--
(i) by striking subparagraphs (A), (B), and
(C); and
(ii) by redesignating subparagraphs (D) and
(E) as subparagraphs (A) and (B). | Meat Promotion Act of 2005 - Amends the Agricultural Marketing Act of 1946 to replace current mandatory country of origin labeling requirements with a voluntary country of origin labeling program for meat and meat products.
Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Readiness Act of
2003''.
SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES.
(a) Designation of Critical Habitat.--Section 4(a)(3) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by
striking ``prudent and determinable'' and inserting ``necessary''.
(b) Limitation on Designation of Critical Habitat.--Section 4(a)(3)
of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(3)''; and
(3) by adding at the end the following:
``(B)(i) The Secretary shall not designate as critical habitat any
lands or other geographical areas owned or controlled by the Department
of Defense, or designated for its use, that are subject to an
integrated natural resources management plan prepared under section 101
of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that
such plan addresses special management considerations or protection (as
those terms are used in section 3(5)(A)(i)).
``(ii) Nothing in this paragraph affects the requirement to consult
under section 7(a)(2) with respect to an agency action (as that term is
defined in that section).
``(iii) Nothing in this paragraph affects the obligation of the
Department of Defense to comply with section 9, including the
prohibition preventing extinction and taking of endangered species and
threatened species.''.
(c) Consideration of Effects of Designation of Critical Habitat.--
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended by inserting ``the impact on national
security,'' after ``the economic impact,''.
SEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT UNDER MARINE MAMMAL
PROTECTION ACT OF 1972.
Section 3(18) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1362(18)) is amended by striking the matter preceding
subparagraph (B) and inserting the following:
``(18)(A) The term `harassment' means--
``(i) any act that injures or has the significant
potential to injure a marine mammal or marine mammal
stock in the wild; or
``(ii) any act that disturbs or is likely to
disturb a marine mammal or marine mammal stock in the
wild by causing disruption of natural behavioral
patterns, including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or sheltering,
to a point where such behavioral patterns are abandoned
or significantly altered.''.
SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE.
Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371) is amended by inserting after subsection (e) the following:
``(f) Exemption of Actions Necessary for National Defense.--(1) The
Secretary of Defense, after conferring with the Secretary of Commerce,
the Secretary of the Interior, or both, as appropriate, may exempt any
action or category of actions undertaken by the Department of Defense
or its components from compliance with any requirement of this Act, if
the Secretary determines that it is necessary for national defense.
``(2) An exemption granted under this subsection--
``(A) subject to subparagraph (B), shall be effective for a
period specified by the Secretary of Defense; and
``(B) shall not be effective for more than 2 years.
``(3)(A) The Secretary of Defense may issue additional exemptions
under this subsection for the same action or category of actions,
after--
``(i) conferring with the Secretary of Commerce, the
Secretary of the Interior, or both as appropriate; and
``(ii) making a new determination that the additional
exemption is necessary for national defense.
``(B) Each additional exemption under this paragraph shall be
effective for a period specified by the Secretary of Defense, of not
more than 2 years.''.
SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS
ACTIVITY.
Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371(a)(5)) is amended--
(1) in subparagraph (A)--
(A) by striking ``within a specified geographical
region'';
(B) by striking ``within that region of small
numbers''; and
(C) by adding at the end the following:
``Notwithstanding the preceding sentence, the Secretary is not
required to publish notice under this subparagraph with respect
to incidental takings while engaged in military readiness
activities authorized by the Secretary of Defense, except in
the Federal Register.'';
(2) in subparagraph (B)--
(A) by striking ``within a specified geographical
region''; and
(B) by striking ``within one or more regions''; and
(3) in subparagraph (D)--
(A) in clause (i)--
(i) by striking ``within a specific
geographic region'';
(ii) by striking ``of small numbers''; and
(iii) by striking ``within that region'';
and
(B) by adding at the end the following:
``(vi) Notwithstanding clause (iii), the Secretary is not
required to publish notice under this subparagraph with respect
to an authorization under clause (i) of incidental takings
while engaged in military readiness activities authorized by
the Secretary of Defense, except in the Federal Register.''.
SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR CIVILIAN
WATER CONSUMPTION IMPACTS ON CRITICAL HABITAT OR
ENDANGERED SPECIES.
(a) Rule of Construction.--For purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536), the terms ``action''
and ``agency action'', when applied to any action of the Department of
Defense, shall not include water consumption of any kind unless--
(1) such water consumption occurs on a military
installation, whether the source of the water consumed is
located on or off the installation; or
(2) such water consumption occurs off of a military
installation and the source of the water is under the direct
control of the Department of Defense.
(b) Voluntary Efforts.--Nothing in this section shall prohibit a
military installation from voluntarily undertaking efforts to mitigate
water use and consumption.
(c) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given such term in section 2687(e) of title 10, United States
Code.
(2) The term ``water consumption'' means the use of water,
from any source, for human purposes of any kind, including
household or industrial use, irrigation, or landscaping.
(d) Effective Date.--This section applies only to Department of
Defense actions regarding which consultation or reconsultation under
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is
first required on or after the date of the enactment of this Act. | National Security Readiness Act of 2003 - Amends the Endangered Species Act of 1973 (ESA) to prohibit the Secretary of the Interior (or the Secretary of Commerce, as appropriate) from designating as critical habitat any land or geographical area controlled by the Department of Defense, or designated for its use, that is subject to an integrated natural resources management plan for a military installation under the Sikes Act, if the Secretary determines that the plan addresses special management considerations or protections.
Amends the Marine Mammal Protection Act of 1972 (MMPA) to redefine the term "harassment" as it relates to marine mammals to limit the meaning of: (1) any act that has the potential to injure a marine mammal or marine mammal stock in the wild to any act that has the significant potential to cause such an injury; and (2) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing a disruption of natural behavioral patterns to causing such a disruption to the point where such behavioral patterns are abandoned or significantly altered.
Authorizes the Secretary of Defense, after conferring with the Secretary of Commerce or the Secretary of the Interior (as appropriate), to exempt any action undertaken by the Department of Defense from requirements of the MMPA, if the Secretary of Defense determines that the action is necessary for national defense. Limits such exemption to a renewable two-year period.
Repeals the limitation to a specified geographical region or a region of small numbers of any allowance of incidental, but not intentional, taking of marine mammals by U.S. citizens engaged in a specified activity (including a military readiness activity) other than commercial fishing.
Exempts the Secretary of the Interior (or, as appropriate, the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating) from the requirement to publish notice (except in the Federal Register) with respect to incidental takings of marine mammals and marine mammal products while engaged in military readiness activities authorized by the Secretary of Defense. (Currently, the appropriate Secretary is required to publish notice also in newspapers of general circulation, and through electronic media, in the coastal areas that may be affected.)
Limits the Department of Defense responsibility under ESA for water consumption impacts on critical habitats or endangered species to: (1) water consumption occurring on a military installation, whether the source of the water consumed is located on or off the installation; or (2) water consumption occurring off of a military installation and the source of the water is under the direct control of the Department of Defense. (Exempts military installations from certain ESA requirements regarding official actions or agency actions with respect to civilian water consumption impacts on critical habitats or endangered species.) States that nothing shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption. | [
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1,
1,
1,
1,
1,
1,
1,
1,
1
] |
SECTION 1. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) Transfer From BLM to Department of Energy.--
(1) In general.--Administrative jurisdiction over the
following parcels of land in the State of Washington,
comprising approximately 49,280 acres, is transferred from the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management, to the Secretary of Energy:
(A) Sections 6 and 8, the portion of the NE\1/4\ of
18 north of the north right-of-way for Horn Rapids
Road, T10N, R28E, Willamette Meridian.
(B) Section 6, the portion of S\1/2\ of 12 north of
the north right-of-way of Horn Rapids Road, the portion
of 2 north of the north right-of-way of Route 240,
NE\1/2\ of 8, N\1/2\ and W\1/2\, SW\1/4\ and the
portion of the NE\1/4\, SE\1/4\ of 4, north of the
Yakima River, T10N, R27E, Willamette Meridian.
(C) NW\1/4\ of 2, T11N, R24E, Willamette Meridian.
(D) NE\1/4\ of the NE\1/4\ of 4, NE\1/4\ and the
N\1/2\ of the NW\1/4\ of 2, NW\1/4\ and W\1/2\ of the
NE\1/4\ of 6, T11N, R26E, Willamette Meridian.
(E) Sections 2, 4, 6, 8, 10, 12, 14, and 24, T11N,
R26E, Willamette Meridian.
(F) Sections 2, 8, 10, 12, 14, 18, 22, 24, 26, 28,
30, 32, 34, and the NE\1/4\ and SE\1/4\ of 4, SW\1/4\
of 6, NW\1/4\, SW\1/4\ and SE\1/4\ of 20, T11N, R27E,
Willamette Meridian.
(G) Sections 4, 6, 8, 10, 18, 20, 28, 30, and 32,
NW\1/4\ and SW\1/4\ of 22 and all land lying west of
the Columbia River in 2, T11N, R28E, Willamette
Meridian.
(H) Sections 14, 24, and 26, T12N, R24E, Willamette
Meridian.
(I) Sections 6, 8, 10, 18, 22, 24, and 30, NW\1/4\,
NE\1/4\ and SE\1/4\ of 4, W\1/2\, and the E\1/2\ of the
NE\1/4\ and the NE\1/4\ of the SE\1/4\ of 20, N\1/2\ of
the NW\1/4\ and N\1/2\ of the NE\1/4\ and SW\1/4\ of
the SE\1/4\ and SE\1/4\ of the SW\1/4\ of 26, NE\1/4\
of the NE\1/4\ of 32, S\1/2\ of the NW\1/4\ and S\1/2\
of the NE\1/4\ and S\1/2\ of 34, T12N, R25E, Willamette
Meridian.
(J) Sections 20, 22, 24, 26, 28, 30, 32, and 34,
T12N, R26E, Willamette Meridian.
(K) Sections 14, 18, 20, 22, 24, 26, 28, 30, 32,
and 34, NE\1/4\ and S\1/2\ of the SE\1/4\ of 4, S\1/2\
and NW\1/4\ of the SW\1/4\ of 6, SW\1/4\, and the NW\1/
4\, SW\1/4\, SE\1/4\ of the SE\1/4\ and SW\1/4\ of the
NW\1/4\ of 8, T12N, R27E, Willamette Meridian.
(L) Section 30, S\1/2\ and NW\1/4\ of 32, S\1/2\ of
34, T12N, R28E, Willamette Meridian.
(M) S\1/2\ of the NW\1/4\ and SW\1/4\ of 14, N\1/2\
of the NE\1/4\ of 24, SW\1/4\ of the SE\1/4\ of 22,
T13N, R24E, Willamette Meridian.
(N) Sections 24, 28, S\1/2\ of the SE\1/4\ and
SW\1/4\ of 18, NW\1/4\ of the SE\1/4\ of 20, S\1/2\ of
32, T13N, R25E, Willamette Meridian.
(2) Withdrawal and use.--The land described in paragraph
(1) is withdrawn from all forms of appropriation under the
public land laws, including the mining and mineral leasing
laws, and reserved for the use of the Hanford project of the
Department of Energy.
(3) Authorities.--
(A) In general.--The Secretary of Energy shall
exercise all of the authorities with respect to the
land described in paragraph (1) under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) and the Atomic
Energy Community Act of 1955 (42 U.S.C. 2301 et seq.).
(B) Disposal.--Any disposal of land described in
paragraph (1) under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) or the Atomic Energy Community Act
of 1955 (42 U.S.C. 2301 et seq.) shall be subject to
valid existing rights of third parties.
(C) Effect.--This paragraph does not add to,
modify, or eliminate any authority of the Secretary of
Energy to dispose of property under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) or the Atomic
Energy Community Act of 1955 (42 U.S.C. 2301 et seq.).
(b) Transfer From Department of Energy to BLM.--
(1) In general.--Administrative jurisdiction over the
following parcels of land in the State of Washington,
comprising approximately 48,640 acres, is transferred from the
Secretary of Energy to the Secretary of the Interior, acting
through the Director of the Bureau of Land Management:
(A) Sections 13, 24, 25, 34-36, NE\1/4\ and SE\1/4\
of 11, NE\1/4\ and SE\1/4\ of 14, NE\1/4\ and SE\1/4\
of 23, NE\1/4\ and SE\1/4\ of 26, SW\1/4\ and SE\1/4\
of 33, except NW\1/4\ of section 12, T14N, R26E,
Willamette Meridian.
(B) Sections 7, 17-20, 28-34, T14N, R27E,
Willamette Meridian.
(C) Sections 1-4, 9-13, 15-17, 20-24, SE\1/4\ of 5,
NE\1/4\, SE\1/4\ and SW\1/4\ of 8, NE\1/4\ and NW\1/4\
of 27, NE\1/4\ and NW\1/4\ of 26, NW\1/4\, NE\1/4\ and
SE\1/4\ of 25, NW\1/4\ and SW\1/4\ of the NW\1/4\ of
14, NW\1/4\ and NE\1/4\ of the SW\1/4\ of 14, NW\1/4\
and NE\1/4\ of the SE\1/4\ of 14, SW\1/4\ and SE\1/4\
of the NE\1/4\ of 14, T13N, R26E, Willamette Meridian.
(D) Sections 3-10, 14-17, 19-30, 35, 36, NE\1/4\
and NW\1/4\ of 31, NE\1/4\ and NW\1/4\ of 32, NE\1/4\
and NW\1/4\ of 33, NW\1/4\, NE\1/4\ and SE\1/4\ of 34,
NE\1/4\ and SE\1/4\ of NW\1/4\ NE\1/4\ and SE\1/4\
SW\1/4\ of 18, T13N, R27E, Willamette Meridian.
(E) Sections 30-32, T13N, R28E, Willamette
Meridian.
(F) Section 1, NW\1/4\ and NE\1/4\ of 2, NE\1/4\ of
12, NW\1/4\ and SW\1/4\ of the SE\1/4\ of 12, NE\1/4\
and SE\1/4\ of 13, T12N, R27E, Willamette Meridian.
(G) Sections 4, 5, 7, 9, 10, 15-17, 19, 21, 23, 27,
29, NE\1/4\ and SE\1/4\ of 6, NE\1/4\ and NW\1/4\ of 8,
NE\1/4\ and NW\1/4\ of 33, NE\1/4\ and NW\1/4\ of 35,
T12N, R28E, Willamette Meridian.
(2) Status.--The land described in paragraph (1)--
(A) shall be treated as public land (within the
meaning of section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) and shall be
subject to all of the laws (including regulations)
applicable to the public land; and
(B) is withdrawn from all forms of appropriation
under the public land laws, including the mining and
mineral leasing laws, and reserved for the use of the
Secretary of Energy in connection with the Hanford
operations of the Department of Energy until the
withdrawal and reservation are revoked by order of the
Secretary of the Interior with the concurrence of the
Secretary of Energy. | Transfers administrative jurisdiction over specified lands in the State of Washington from: (1) the Secretary of the Interior, acting through the Bureau of Land Management, to the Secretary of Energy; and (2) the Secretary of Energy to the Secretary of the Interior, acting through the Bureau of Land Management.
Withdraws such lands from all forms of appropriation under the public land laws, including the mining and mineral leasing law. Sets forth: (1) reservations of such lands in connection with the Hanford project of the Department of Energy; and (2) authorities and disposal requirements under the Atomic Energy Act of 1954 with respect to the lands transferred to the Secretary of Energy. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2008''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Food allergy is an increasing food safety and public
health concern in the United States, especially among students.
(2) Peanut allergy doubled among children from 1997 to
2002.
(3) In a 2004 survey of 400 elementary school nurses, 37
percent reported having at least 10 students with severe food
allergies and 62 percent reported having at least 5.
(4) Forty-four percent of the elementary school nurses
surveyed reported that the number of students in their school
with food allergy had increased over the past 5 years, while
only 2 percent reported a decrease.
(5) In a 2001 study of 32 fatal food-allergy induced
anaphylactic reactions (the largest study of its kind to date),
more than half (53 percent) of the individuals were aged 18 or
younger.
(6) Eight foods account for 90 percent of all food-allergic
reactions: milk, eggs, fish, shellfish, tree nuts, peanuts,
wheat, and soy.
(7) Currently, there is no cure for food allergies; strict
avoidance of the offending food is the only way to prevent a
reaction.
(8) Anaphylaxis is a systemic allergic reaction that can
kill within minutes.
(9) Food-allergic reactions are the leading cause of
anaphylaxis outside the hospital setting, accounting for an
estimated 30,000 emergency room visits, 2,000 hospitalizations,
and 150 to 200 deaths each year in the United States.
(10) Fatalities from anaphylaxis are associated with a
delay in the administration of epinephrine (adrenaline), or
when epinephrine was not administered at all. In a study of 13
food allergy-induced anaphylactic reactions in school-age
children (6 fatal and 7 near fatal), only 2 of the children who
died received epinephrine within 1 hour of ingesting the
allergen, and all but 1 of the children who survived received
epinephrine within 30 minutes.
(11) The importance of managing life-threatening food
allergies in the school setting has been recognized by the
American Medical Association, the American Academy of
Pediatrics, the American Academy of Allergy, Asthma and
Immunology, the American College of Allergy, Asthma and
Immunology, and the National Association of School Nurses.
(12) There are no Federal guidelines concerning the
management of life-threatening food allergies in the school
setting.
(13) Three-quarters of the elementary school nurses
surveyed reported developing their own training guidelines.
(14) Relatively few schools actually employ a full-time
school nurse. Many are forced to cover more than 1 school, and
are often in charge of hundreds if not thousands of students.
(15) Parents of students with severe food allergies often
face entirely different food allergy management approaches when
their students change schools or school districts.
(16) In a study of food allergy reactions in schools and
day-care settings, delays in treatment were attributed to a
failure to follow emergency plans, calling parents instead of
administering emergency medications, and an inability to
administer epinephrine.
SEC. 3. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``local educational
agency'', ``secondary school'', and ``elementary school'' have
the meanings given the terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) School.--The term ``school'' includes public--
(A) kindergartens;
(B) elementary schools; and
(C) secondary schools.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, in consultation with the
Secretary of Education.
SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS
MANAGEMENT POLICY.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(1) develop a policy to be used on a voluntary basis to
manage the risk of food allergy and anaphylaxis in schools; and
(2) make such policy available to local educational
agencies and other interested individuals and entities,
including licensed child care providers, preschool programs,
and Head Start, to be implemented on a voluntary basis only.
(b) Contents.--The voluntary policy developed by the Secretary
under subsection (a) shall contain guidelines that address each of the
following:
(1) Parental obligation to provide the school, prior to the
start of every school year, with--
(A) documentation from the student's physician or
nurse--
(i) supporting a diagnosis of food allergy
and the risk of anaphylaxis;
(ii) identifying any food to which the
student is allergic;
(iii) describing, if appropriate, any prior
history of anaphylaxis;
(iv) listing any medication prescribed for
the student for the treatment of anaphylaxis;
(v) detailing emergency treatment
procedures in the event of a reaction;
(vi) listing the signs and symptoms of a
reaction; and
(vii) assessing the student's readiness for
self-administration of prescription medication;
and
(B) a list of substitute meals that may be offered
to the student by school food service personnel.
(2) The creation and maintenance of an individual health
care plan tailored to the needs of each student with a
documented risk for anaphylaxis, including any procedures for
the self-administration of medication by such students in
instances where--
(A) the students are capable of self-administering
medication; and
(B) such administration is not prohibited by State
law.
(3) Communication strategies between individual schools and
local providers of emergency medical services, including
appropriate instructions for emergency medical response.
(4) Strategies to reduce the risk of exposure to
anaphylactic causative agents in classrooms and common school
areas such as cafeterias.
(5) The dissemination of information on life-threatening
food allergies to school staff, parents, and students, if
appropriate by law.
(6) Food allergy management training of school personnel
who regularly come into contact with students with life-
threatening food allergies.
(7) The authorization and training of school personnel to
administer epinephrine when the school nurse is not immediately
available.
(8) The timely accessibility of epinephrine by school
personnel when the nurse is not immediately available.
(9) Extracurricular programs such as non-academic outings
and field trips, before- and after-school programs, and school-
sponsored programs held on weekends that are addressed in the
individual health care plan.
(10) The collection and publication of data for each
administration of epinephrine to a student at risk for
anaphylaxis.
(c) Relation to State Law.--Nothing in this Act or the policy
developed by the Secretary under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.
SEC. 5. VOLUNTARY NATURE OF POLICY AND GUIDELINES.
The policy developed by the Secretary under section 4(a) and the
food allergy management guidelines contained in such policy are
voluntary. Nothing in this Act or the policy developed by the Secretary
under section 4(a) shall be construed to require a local educational
agency or school to implement such policy or guidelines.
Passed the House of Representatives April 8, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Food Allergy and Anaphylaxis Management Act of 2008 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a policy to manage the risk of food allergy and anaphylaxis in schools to be implemented on a voluntary basis only. Directs that such policy address: (1) the documentation of student allergies and the development of an individual health care plan for each such student; (2) communication with emergency medical services, school staff, parents, and students; (3) reduction of exposure to causative agents of food allergies; (4) food allergy management training; and (5) administration of epinephrine.
Provides that the policy developed by the Secretary and the food allergy management guidelines contained in such policy are voluntary. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fast Track to College Act of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to increase high school graduation rates
and the percentage of students who complete a recognized postsecondary
credential by the age of 26, including among low-income students and
students from other populations underrepresented in higher education.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Dual enrollment program.--The term ``dual enrollment
program'' means an academic program through which a high school
student is able simultaneously to earn credit toward a high
school diploma and a postsecondary degree or certificate.
(2) Early college high school.--The term ``early college
high school'' means a high school that provides a course of
study that enables a student to earn a high school diploma and
either an associate's degree or one to two years of college
credit toward a postsecondary degree or credential.
(3) Educational service agency.--The term ``educational
service agency'' means an educational service agency as defined
by section 9101(17) of the Elementary and Secondary Education
Act of 1965.
(4) Eligible entity.--The term ``eligible entity'' means a
local educational agency, which may be an educational service
agency, in a collaborative partnership with an institution of
higher education. Such partnership also may include other
entities, such as a nonprofit organization with experience in
youth development.
(5) Institution of higher education.--The term
``institution of higher education'' means an institution of
higher education as defined by section 102 of the Higher
Education Act of 1965.
(6) Local educational agency.--The term ``local educational
agency'' means a local educational agency as defined by section
9101(26) of the Elementary and Secondary Education Act of 1965.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Early College High Schools.--To support early college high
schools under this Act, there are authorized to be appropriated
$50,000,000 for fiscal year 2009 and such sums as may be necessary for
each of fiscal years 2010 through 2014.
(b) Other Dual Enrollment Programs.--To support other dual
enrollment programs under this Act, there are authorized to be
appropriated $50,000,000 for fiscal year 2009 and such sums as may be
necessary for each of fiscal years 2010 through 2014.
(c) Funds Reserved.--The Secretary shall reserve 3 percent of funds
appropriated pursuant to subsection (b) for grants to States under
section 9.
SEC. 5. AUTHORIZED PROGRAM.
(a) In General.--The Secretary is authorized to award six-year
grants to eligible entities seeking to establish a new or support an
existing early college high school or other dual enrollment program.
(b) Grant Amount.--A grant under this Act shall not exceed
$2,000,000.
(c) Matching Requirement.--
(1) In general.--An eligible entity shall contribute
matching funds toward the costs of the early college high
school or other dual enrollment program to be supported under
this Act, of which not less than half shall be from non-Federal
sources, which funds shall represent not less than the
following:
(A) 20 percent of the grant amount in the first and
second years of the grant.
(B) 30 percent in the third and fourth years.
(C) 40 percent in the fifth year.
(D) 50 percent in the sixth year.
(2) Determination of amount contributed.--The Secretary
shall allow an eligible entity to satisfy the requirement of
this subsection through in-kind contributions.
(d) Supplement, Not Supplant.--An eligible entity shall use a grant
received under this Act only to supplement funds that would, in the
absence of such grant, be made available from non-Federal funds for
support of the activities described in the eligible entity's
application under section 7, and not to supplant such funds.
(e) Priority.--In awarding grants under this Act, the Secretary
shall give priority to applicants--
(1) that propose to establish or support an early college
high school or other dual enrollment program that will serve a
student population of which 40 percent or more are students
counted under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965; and
(2) from States that provide assistance to early college
high schools or other dual enrollment programs, such as
assistance to defray the costs of higher education, such as
tuition, fees, and textbooks.
(f) Geographic Distribution.--The Secretary shall, to the maximum
extent practicable, ensure that grantees are from a representative
cross-section of urban, suburban, and rural areas.
SEC. 6. USES OF FUNDS.
(a) Mandatory Activities.--An eligible entity shall use grant funds
received under section 7 to support the activities described in its
application, including for the following:
(1) Planning year.--In the case of a new early college high
school or dual enrollment program, during the first year of the
grant--
(A) hiring a principal and staff, as appropriate;
(B) designing the curriculum and sequence of
courses in collaboration with at a minimum, teachers
from the local educational agency and faculty from the
partner institution of higher education;
(C) educating parents and the community about the
school;
(D) recruiting students;
(E) liaison activities among partners in the
eligible entity; and
(F) coordinating secondary and postsecondary
support services, academic calendars, and
transportation.
(2) Implementation period.--During the remainder of the
grant period--
(A) academic and social support services, including
counseling;
(B) student recruitment and community education and
engagement;
(C) professional development, including joint
professional development for secondary school and
faculty from the institution of higher education; and
(D) school design and planning team activities,
including curriculum development.
(b) Allowable Activities.--An eligible entity may also use grant
funds received under this Act to otherwise support the activities
described in its application, including, but not limited to--
(1) purchasing textbooks and equipment that support
academic programs;
(2) learning opportunities for students that complement
classroom experiences, such as internships, career-based
capstone projects, and opportunities provided under title IV,
part A, subpart 2, and chapters 1 and 2 of the Higher Education
Act of 1965;
(3) transportation;
(4) planning time for high school and college educators to
collaborate; and
(5) data collection, sharing, reporting, and evaluation.
SEC. 7. APPLICATION.
(a) In General.--To receive a grant under section 4(a) or (b), an
eligible entity shall submit to the Secretary an application at such
time, in such manner, and including such information as the Secretary
determines to be appropriate.
(b) Contents of Application.--At a minimum, the application
described in subsection (a) shall include a description of--
(1) the early college high school's or other dual
enrollment program's budget;
(2) each partner in the eligible entity and its experience
with early college high schools or other dual enrollment
programs, key personnel from each partner and their
responsibilities for the early college high school or dual
enrollment program, and how the eligible entity will work with
secondary and postsecondary teachers, other public and private
entities, community-based organizations, businesses, and labor
organizations to ensure that students will be prepared to
succeed in postsecondary education and employment, which may
include the development of an advisory board;
(3) how the eligible entity will target and recruit at-risk
youth, including those at risk of dropping out of school, first
generation college students, and students from populations
described in section 1111(b)(2)(C)(v)(II) of the Elementary and
Secondary Education Act of 1965;
(4) a system of student supports including, but not limited
to, small group activities, tutoring, literacy and numeracy
skill development in all academic disciplines, parental
outreach, extended learning time, and college readiness
activities, such as early college academic seminars and
counseling;
(5) in the case of an early college high school, how a
graduation and career plan will be developed, consistent with
State graduation requirements, for each student and reviewed
each semester;
(6) how parents or guardians of dually enrolled students
will be informed of their academic performance and progress
and, subject to paragraph (5), involved in the development of
their career and graduation plan;
(7) coordination between the institution of higher
education and the local educational agency, including regarding
academic calendars, provision of student services, curriculum
development, and professional development;
(8) how the eligible entity will ensure that teachers in
the early college high school or other dual enrollment program
receive appropriate professional development and other
supports, including to enable them to help English-language
learners, students with disabilities, and students from diverse
cultural backgrounds to succeed;
(9) learning opportunities for students that complement
classroom experiences, such as internships, career-based
capstone projects, and opportunities provided under title IV,
part A, subpart 2, and chapters 1 and 2 of the Higher Education
Act of 1965;
(10) a plan to ensure that postsecondary credits earned
will be transferable to, at a minimum, public institutions of
higher education within the State, consistent with existing
statewide articulation agreement;
(11) student assessments and other measurements of students
achievement including benchmarks for student achievement;
(12) outreach programs to provide elementary and secondary
school students, especially those in middle grades, and their
parents, teachers, school counselors, and principals
information about and academic preparation for the early
college high school or other dual enrollment program;
(13) how the eligible entity will help students meet
eligibility criteria for postsecondary courses; and
(14) how the eligible entity will sustain the early college
high school or other dual enrollment program after the grant
expires.
(c) Assurances.--An eligible entity's application under subsection
(a) shall include assurances that--
(1) in the case of an early college high school, the
majority of courses offered, including of postsecondary
courses, will be offered at facilities of the institution of
higher education;
(2) students will not be required to pay tuition or fees
for postsecondary courses;
(3) postsecondary credits earned will be transcribed upon
completion of the requisite coursework; and
(4) faculty teaching postsecondary courses meet the normal
standards for faculty established by the institution of higher
education.
(d) Waiver.--The Secretary may waive the requirement of subsection
(c)(1) upon a showing that it is impractical to apply due to geographic
considerations.
SEC. 8. PEER REVIEW.
(a) Peer Review of Applications.--The Secretary shall establish
peer review panels to review applications submitted pursuant to section
7 to advise the Secretary regarding such applications.
(b) Composition of Peer Review Panels.--The Secretary shall ensure
that each peer review panel is not comprised wholly of full-time
officers or employees of the Federal Government and includes, at a
minimum--
(1) experts in the establishment and administration of
early college high schools or other dual enrollment programs
from the high school and college perspective;
(2) faculty at institutions of higher education and
secondary school teachers with expertise in dual enrollment;
and
(3) experts in the education of at-risk students.
SEC. 9. GRANTS TO STATES.
(a) In General.--The Secretary is authorized to award six-year
grants to State agencies responsible for secondary or postsecondary
education for efforts to support or establish statewide dual enrollment
programs.
(b) Application.--To receive a grant under this section, a State
agency shall submit to the Secretary an application at such time, in
such manner, and including such information as the Secretary determines
to be appropriate.
(c) Contents of Application.--At a minimum, the application
described in subsection (b) shall include--
(1) how the State will create outreach programs to ensure
that middle and high school students and their families are
aware of dual enrollment programs in the State;
(2) how the State will provide technical assistance to
local dual enrollment programs as appropriate;
(3) how the State will ensure the quality of state and
local dual enrollment programs; and
(4) such other information as the Secretary determines to
be appropriate.
(d) State Activities.--A State receiving a grant under this section
shall use such funds for--
(1) planning and implementing a statewide strategy for
expanding access to dual enrollment programs for students who
are underrepresented in higher education; and
(2) providing technical assistance to local dual enrollment
programs.
SEC. 10. REPORTING AND OVERSIGHT.
(a) Reporting by Grantees.--
(1) In general.--The Secretary shall establish uniform
guidelines for all grantees concerning information such
grantees annually shall report to the Secretary to demonstrate
a grantee's progress toward achieving the goals of this Act.
(2) Contents of report.--At a minimum, the report described
in paragraph (1) shall include, for eligible entities receiving
funds under section 7, for each category of students described
in section 1111(h)(1)(C)(i) of the Elementary and Secondary
Education Act of 1965:
(A) The number of students.
(B) The percentage of students scoring advanced,
proficient, basic, and below basic on the assessments
described in section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965.
(C) The performance of students on other
assessments or measurements of achievement.
(D) The number of secondary school credits earned.
(E) The number of postsecondary credits earned.
(F) Attendance rate.
(G) Graduation rate.
(H) Placement in postsecondary education or
advanced training, in military service, and in
employment.
(b) Reporting by the Secretary.--The Secretary annually shall
compile and analyze the information described in subsection (a) and
report it to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of the House of
Representatives, which report shall include identification of best
practices for achieving the goals of this Act.
(c) Monitoring Visits.--The Secretary's designee shall visit each
grantee at least once for the purpose of helping the grantee achieve
the goals of this Act and to monitor the grantee's progress toward
achieving such goals.
(d) National Evaluation.--Within six months of the appropriation of
funds for this Act, the Secretary shall enter into a contract with an
independent organization to perform an evaluation of the grants awarded
under this Act. Such evaluation shall apply rigorous procedures to
obtain valid and reliable data concerning participants' outcomes by
social and academic characteristics and monitor the progress of
students from high school to and through postsecondary education.
(e) Technical Assistance.--The Secretary shall provide technical
assistance to eligible entities concerning best practices in early
college high schools and dual enrollment programs and shall disseminate
such best practices among eligible entities and State and local
educational agencies.
SEC. 11. RULES OF CONSTRUCTION.
(a) Employees.--Nothing in this Act shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded to the
employees of local educational agencies (including schools) or
institutions of higher education under Federal, State, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employers.
(b) Graduation Rate.--A student who graduates from an early college
high school supported under this Act in the standard number of years
for graduation described in the eligible entity's application shall be
considered to have graduated on time for purposes of section
1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965. | Fast Track to College Act of 2008 - Authorizes the Secretary of Education to award matching six-year grants to local educational agencies (LEAs) that partner with institutions of higher education (IHEs) to establish or support dual enrollment programs, such as early college high schools, that allow high school students to simultaneously earn credit toward a high school diploma and a postsecondary degree or certificate.
Gives grant priority to applicants: (1) that propose to establish or support a dual enrollment program for a student body at least 40% of which is impoverished; and (2) from states that provide assistance to dual enrollment programs, such as assistance defraying the costs of higher education.
Requires applicants to make assurances that students will not be required to pay tuition or fees for postsecondary courses, and that those courses will be taught by faculty that meet their partner IHE's normal standards.
Authorizes the Secretary to award six-year grants to states to: (1) plan and implement statewide strategies to make dual enrollment programs more accessible to students who are underrepresented in postsecondary education; and (2) provide technical assistance to local dual enrollment programs.
Directs the Secretary to: (1) contract for an independent evaluation of this Act's programs; and (2) provide technical assistance to LEAs and their partners, and disseminate information concerning best practices in dual enrollment programs. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Patient Access to
Inpatient Rehabilitation Hospitals Act of 2005''.
SEC. 2. EFFECT ON ENFORCEMENT OF REGULATIONS.
(a) In General.--Notwithstanding section 412.23(b)(2) of title 42,
Code of Federal Regulations, during the period beginning on July 1,
2005, and ending on the date that is 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall not--
(1) require a compliance rate, pursuant to the criterion
(commonly known as the ``75 percent rule'') that is used to
determine whether a hospital or unit of a hospital is an
inpatient rehabilitation facility (as defined in the rule
published in the Federal Register on May 7, 2004, entitled
``Medicare Program; Final Rule; Changes to the Criteria for
Being Classified as an Inpatient Rehabilitation Facility'' (69
Fed. Reg. 25752)), that is greater than the 50 percent
compliance threshold that became effective on July 1, 2004;
(2) change the designation of an inpatient rehabilitation
facility that is in compliance with the 50 percent threshhold;
or
(3) conduct medical necessity review of inpatient
rehabilitation facilities using any guidelines, such as fiscal
intermediary Local Coverage Determinations, other than the
national criteria established in chapter 1, section 110 of the
Medicare Benefits Policy Manual.
(b) Retroactive Status as an Inpatient Rehabilitation Facility;
Payments; Expedited Review.--The Secretary shall establish procedures
for--
(1) making any necessary retroactive adjustment to restore
the status of a facility as an inpatient rehabilitation
facility as a result of subsection (a);
(2) making any necessary payments to inpatient
rehabilitation facilities based on such adjustment for
discharges occurring on or after July 1, 2005 and before the
date of enactment of this Act; and
(3) developing and implementing an appeals process that
provides for expedited review of any adjustment to the status
of a facility as an inpatient rehabilitation facility made
during the period beginning on July 1, 2005 and ending on the
date that is 2 years after the date of enactment of this Act.
SEC. 3. NATIONAL ADVISORY COUNCIL ON MEDICAL REHABILITATION.
(a) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means
the National Advisory Council on Medical Rehabilitation
established under subsection (b).
(2) Appropriate federal agencies.--The term ``appropriate
Federal agencies'' means--
(A) the Agency for Healthcare Research and Quality;
(B) the Centers for Medicare & Medicaid Services;
(C) the National Institute on Disability and
Rehabilitation Research; and
(D) the National Center for Medical Rehabilitation
Research.
(b) Establishment.--Pursuant to section 222 of the Public Health
Service Act (42 U.S.C. 217a), the Secretary shall establish an advisory
panel to be known as the ``National Advisory Council on Medical
Rehabilitation''.
(c) Membership.--
(1) Appointment.--The Advisory Council shall be composed of
17 members, of whom--
(A) 9 members shall be appointed by the Secretary,
in consultation with the medical rehabilitation
community, from a diversity of backgrounds, including--
(i) physicians;
(ii) medicare beneficiaries;
(iii) representatives of inpatient
rehabilitation facilities; and
(iv) other practitioners experienced in
rehabilitative care; and
(B) 8 members, not more than 4 of whom are members
of the same political party, shall be appointed jointly
by--
(i) the Majority Leader of the Senate;
(ii) the Minority Leader of the Senate;
(iii) the Speaker of the House of
Representatives;
(iv) the Minority Leader of the House of
Representatives;
(v) the Chairman and the Ranking Member of
the Committee on Finance of the Senate; and
(vi) the Chairman and the Ranking Member of
the Committee on Ways and Means of the House of
Representatives.
(2) Date.--Members of the Advisory Council shall be
appointed not later than 30 days after the date of enactment of
this Act.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Council. A vacancy on the
Advisory Council shall be filled not later than 30 days after
the date on which the Advisory Council is given notice of the
vacancy, in the same manner as the original appointment.
(4) Meetings.--
(A) Initial meeting.--The Advisory Council shall
conduct an initial meeting not later than 120 days
after the date of enactment of this Act.
(B) Meetings.--The Advisory Council shall conduct
such meetings as the Council determines to be necessary
to carry out its duties but shall meet not less
frequently than 2 times during each calendar year.
(d) Duties.--The duties of the Advisory Council shall include
providing advice and recommendations to--
(1) Congress and the Secretary concerning the coverage of
rehabilitation services under the medicare program, including--
(A) policy issues related to rehabilitative
treatment and reimbursement for rehabilitative care,
such as issues relating to any rulemaking relating to,
or impacting, rehabilitation hospitals and units;
(B) the appropriate criteria for--
(i) determining clinical appropriateness of
inpatient rehabilitation facility admissions;
and
(ii) distinguishing an inpatient
rehabilitation facility from an acute care
hospital and other providers of intensive
medical rehabilitation;
(C) the efficacy of inpatient rehabilitation
services, as opposed to other post-acute inpatient
settings, through a comparison of quality and cost,
controlling for patient characteristics (such as
medical severity and motor and cognitive function) and
discharge destination;
(D) the effect of any medicare regulations on
access to inpatient rehabilitation care by medicare
beneficiaries and the clinical effectiveness of care
available to such beneficiaries in other health care
settings; and
(E) any other topic or issue that the Secretary or
Congress requests the Advisory Council to provide
advice and recommendations on; and
(2) appropriate Federal agencies (as defined in subsection
(a)) on how to best utilize available research funds and
authorities focused on medical rehabilitation research,
including post-acute care site of service and outcomes
research.
(e) Periodic Reports.--The Advisory Council shall provide the
Secretary with periodic reports that summarize--
(1) the Council's activities; and
(2) any recommendations for legislation or administrative
action the Council considers to be appropriate.
(f) Termination.--The Advisory Council shall terminate on September
30, 2010.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section.
(h) Effective Date.--This section shall take effect on the date of
enactment of this Act. | Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion (commonly known as the "75 percent rule") used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold; or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual.
Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act; (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period
Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act; and (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Safety in Medicine
Utilizing Leading Advanced Simulation Technologies to Improve Outcomes
Now Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Simulation-based education and training in medicine,
nursing, allied health, podiatry, osteopathy, dentistry, and
emergency response teams can enhance procedural skills and
reinforce best practices by allowing students, experienced
clinicians, and health care professionals to practice
procedures in a realistic setting.
(2) The enhanced clinical skill development provided by
simulation-based training benefits patients and health care
consumers in the form of improved health outcomes, patient
safety, and quality; reduced medical errors and deaths; and
reduced costs associated with providing patient care.
(3) Many educational institutions and health care
providers, particularly those in urban and rural settings, have
difficulty acquiring medical simulation technology. Financial
assistance in the form of Federal grants would significantly
enhance the ability of these entities to deploy medical
simulation technology and incorporate such technology into
training protocols.
(4) The creation of medical simulation centers of
excellence to provide guidance and leadership to educational
institutions and health care entities will facilitate the
deployment of medical simulation technologies and the
commercialization of cutting-edge medical simulation research.
(5) A Federal medical simulation coordinating council would
promote better communication and collaboration between the
Federal entities with experience or interest in simulation-
based education and medical simulation technology deployment.
SEC. 3. MEDICAL SIMULATION ENHANCEMENT.
Part B of title IX of the Public Health Service Act (42 U.S.C. 299b
et seq.) is amended by adding at the end the following:
``SEC. 918. MEDICAL SIMULATION ENHANCEMENT.
``(a) In General.--The Director shall conduct and support research,
evaluations, initiatives, and demonstration projects, and provide
grants or enter into contracts or cooperative agreements, to enhance
the deployment of medical simulation technologies and the incorporation
of such technologies and equipment into medical, nursing, allied
health, podiatric, osteopathic, and dental education and training
protocols.
``(b) Programs.--In carrying out subsection (a), the Director shall
establish the following programs:
``(1) Medical simulation centers of excellence.--
``(A) Establishment.--The Director shall establish
medical simulation centers of excellence--
``(i) to provide leadership and conduct
research with respect to enhancing and
expanding the utilization of medical simulation
technologies and simulation-based skills
training for physicians, nurses, allied health
professionals, and qualified students; and
``(ii) to improve the efficiency and
effectiveness of medical simulation research
and programs.
``(B) Purpose.--Each medical simulation center of
excellence established under subsection (a) shall--
``(i) provide leadership in a specific area
of medical simulation technology or knowledge;
``(ii) enhance and expand the knowledge
base within the specific area of medical
simulation technology or knowledge in line with
the program requirements and the long-term
interests of the medical simulation community;
and
``(iii) serve as a resource center to
interested health professional schools and
individuals who want to learn about medical
simulation.
``(2) Medical simulation innovation.--The Director shall
promote innovation in medical simulation technologies and
encourage development and deployment of challenging and complex
medical simulation technologies and applications by--
``(A) conducting and supporting research on the
development and deployment of complex or challenging
medical simulation and interdisciplinary simulation
technologies;
``(B) identifying, in consultation with the
Telemedicine and Advanced Technology Research Center,
particularly challenging or complex medical simulation
technologies and applications; and
``(C) developing, in consultation with the National
Library of Medicine, an electronic clearinghouse of
medical simulation technologies currently available and
those being developed.
``(3) Medical simulation technology acquisition.--
``(A) Grants.--The Director shall award grants to
eligible entities for the purchase of medical
simulation technologies for use in the training of
physicians, nurses, allied health professionals, and
qualified students.
``(B) Definition.--In this paragraph, the term
`eligible entity' means a hospital, an academic medical
center, or a school of allied health, dentistry,
medicine, nursing, osteopathic medicine, or podiatric
medicine.
``(4) Medical and interdisciplinary simulation curricula.--
``(A) Grants.--The Director shall award grants to
eligible entities to incorporate medical simulation and
interdisciplinary simulation technologies into
curricula and training of physicians, nurses, and
allied health professionals.
``(B) Definition.--In this subsection, the term
`eligible entity' means an academic medical center or a
school of medicine, osteopathy, podiatry, dentistry,
nursing, or allied health.
``(5) Grants to professional organizations.--
``(A) Grants.--The Director shall award grants to
eligible entities to deploy medical simulation
technologies for the purpose of providing training to
health care providers.
``(B) Definition.--In this paragraph, the term
`eligible entity' means an academic medical center, a
professional organization that provides accreditation
or quality assurance to health care professionals, a
health profession licensing board, or an agency
studying utilization of simulation-based methods in
credentialing and accreditation in health care.
``(6) Federal medical simulation coordinating council.--
``(A) Establishment.--There is established within
the Department of Health and Human Services the Federal
Medical Simulation Coordinating Council (in this
paragraph referred to as the `Coordinating Council').
``(B) Purpose.--The Coordinating Council shall
coordinate the Federal Government's activities
regarding the research on and development, deployment,
and utilization of medical simulation technologies.
``(C) Voting members.--The voting members of the
Coordinating Council shall consist of representatives
of Federal agencies with responsibility for improving
health care delivery to patients, as follows:
``(i) A majority of the voting members of
the Coordinating Council shall be
representatives of the Department of Health and
Human Services. Such majority shall consist of
the Director and such individuals as may be
appointed by the Secretary of Health and Human
Services. At a minimum, the Secretary shall
appoint representatives of--
``(I) the Agency for Healthcare
Research and Quality;
``(II) the National Institutes of
Health;
``(III) the Health Resources and
Services Administration;
``(IV) the Centers for Medicare &
Medicaid Services; and
``(V) the Food and Drug
Administration.
``(ii) The remainder of the voting members
of the Coordinating Council shall consist of--
``(I) representatives of the
Department of Defense, appointed by the
Secretary of Defense; and
``(II) representatives of the
Department of Veterans Affairs,
appointed by the Secretary of Veterans
Affairs.
``(D) Liaisons.--In addition to the voting members
appointed pursuant to subparagraph (C), the membership
of the Coordinating Council shall include 2
representatives of the advisory panel established under
subsection (c) who--
``(i) shall be selected by the Secretary of
Health and Human Services, the Secretary of
Defense, and the Secretary of Veterans Affairs
acting jointly;
``(ii) shall be nonvoting members; and
``(iii) shall serve as liaisons between the
advisory panel and the Coordinating Council.
``(E) Leadership.--The Director shall serve as the
Chair of the Coordinating Council and shall be
responsible for the leadership and oversight of the
activities of the Coordinating Council.
``(F) Consultation.--In carrying out the purpose
described in subparagraph (B), the Coordinating Council
shall consult with outside organizations on ways to
improve medical simulation policy and access.
``(G) Meetings.--
``(i) In general.--The Coordinating Council
shall meet regularly and no less than 2 times
each year.
``(ii) Notice.--Notice of any upcoming
meeting of the Coordinating Council shall be
published in the Federal Register.
``(iii) Public access.--Any meeting of the
Coordinating Council shall be open to the
public.
``(c) Advisory Panel.--The Director shall establish an advisory
panel to make recommendations on how to structure the programs under
subsection (b). The members of such advisory panel shall consist of a
total of at least 10 representatives of the medical simulation
community, including representatives of--
``(1) academic medical centers or schools of medicine,
osteopathy, podiatry, dentistry, nursing, or allied health;
``(2) health care professionals who are actively involved
in medical simulation centers; and
``(3) at least 2 multidisciplinary associations which are
recognized as having a primary focus on medical simulation.
``(d) Definitions.--
``(1) Medical simulation.--The term `medical simulation'
means the use of a device, such as a mannequin, a task trainer,
virtual reality, or a standardized patient, to emulate a real
device, patient, or patient care situation or environment to
teach therapeutic and diagnostic procedures, processes, medical
concepts, and decisionmaking to a health care professional.
``(2) Qualified student.--The term `qualified student'
means a student enrolled full-time or part-time in--
``(A) a school of allied health, a school of
dentistry, a school of medicine, a school of
osteopathic medicine, or a school of podiatric medicine
(as such terms are defined in section 799B); or
``(B) a school of nursing (as such term is defined
in section 801).
``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) $50,000,000 for fiscal year 2008; and
``(2) such sums as may be necessary for fiscal years 2009
through 2012.''. | Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols.
Requires the Director to: (1) establish medical simulation centers of excellence; (2) promote innovation by conducting and supporting research on complex or challenging medical simulation and interdisciplinary simulation technologies and developing an electronic clearinghouse of such technologies; and (3) award grants for purchasing, incorporating, and deploying such technologies for training of physicians, nurses, allied health professionals, and qualified students.
Establishes within the Department of Health and Human Services (HHS) the Federal Medical Simulation Coordinating Council. Requires the Director to establish an advisory panel to make recommendations on how to structure programs established by this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief and Fulfilling Our
Obligation to Patriotic Soldiers Act of 2007''.
SEC. 2. EXCLUSION FROM GROSS INCOME OF ENLISTMENT AND REENLISTMENT
BONUSES FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 112 of the Internal Revenue Code of 1986
(relating to certain combat zone compensation of members of the Armed
Forces) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and by inserting after
subsection (b) the following new subsection:
``(c) Qualified Bonus.--Gross income does not include a qualified
bonus.''.
(b) Qualified Bonus Defined.--Subsection (d) of section 112 of such
Code (relating to definitions), as redesignated by subsection (a), is
amended by adding at the end the following new paragraph:
``(6) Qualified bonus.--
``(A) In general.--The term `qualified bonus' means
an enlistment, accession, reenlistment, retention,
incentive, or other bonus paid by the Secretary
concerned to a member of the Armed Forces of the United
States in exchange for the agreement of the member to
accept a commission as an officer, extend an active
service commitment as an officer, enlist, reenlist, or
extend an enlistment as an enlisted member in an active
or reserve component, or enter into a reserve
affiliation agreement.
``(B) Other definitions.--For purposes of
subparagraph (A), the terms `active service', `enlisted
member', `officer', and `Secretary concerned' have the
meanings given to such terms in section 101 of title
10, United States Code.''.
(c) Conforming Amendments.--
(1) Section 2201 of such Code is amended by striking
``section 112(c)'' both places it appears and inserting
``section 112(d)''.
(2) The heading for section 112 of such Code is amended by
inserting ``and other'' before ``compensation''.
(3) Section 3401(a)(1) of such Code is amended by inserting
``and other'' before ``compensation''.
(4) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 112 and inserting the following new item:
``Sec. 112. Certain combat zone and other compensation of members of
the Armed Forces.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. CONTINUATION OF CERTAIN BONUS PAYMENTS TO MEMBERS OF THE ARMED
FORCES RETIRED OR SEPARATED DUE TO A COMBAT-RELATED
INJURY.
(a) Payment Required.--Chapter 17 of title 37, United States Code,
is amended by inserting after section 903 the following new section:
``Sec. 904. Continued payment of bonuses to members retired or
separated due to combat-related injuries
``(a) Payment Required.--In the case of a member of the armed
forces who is retired or separated for disability under chapter 61 of
title 10, due to a combat-related injury, the Secretary of Defense
shall require the continued payment to the member of any bonus
described in subsection (b) that the member--
``(1) was entitled to immediately before the retirement or
separation of the member; and
``(2) would continue to be entitled to if the member was
not retired or separated.
``(b) Covered Bonuses.--The bonuses referred to in subsection (a)
are the following (numbers refer to the corresponding section in
chapter 5 of this title):
``(1) 301b. Special pay for aviation career officers
extending period of active duty.
``(2) 301d. Multiyear retention bonus for medical officers
of the armed forces.
``(3) 301e. Multiyear retention bonus for dental officers
of the armed forces.
``(4) 302d. Accession bonus for registered nurses.
``(5) 302h. Accession bonus for dental officers.
``(6) 302j. Accession bonus for pharmacy officers.
``(7) 302k. Accession bonus for medical officers in
critically short wartime specialties.
``(8) 302l. Accession bonus for dental specialist officers
in critically short wartime specialties.
``(9) 308. Reenlistment bonus.
``(10) 308b. Reenlistment bonus for members of the Selected
Reserve.
``(11) 308c. Bonus for affiliation or enlistment in the
Selected Reserve.
``(12) 308g. Bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve.
``(13) 308h. Bonus for reenlistment, or voluntary extension
of enlistment in elements of the Ready Reserve other than the
Selected Reserve.
``(14) 308i. Prior service enlistment bonus.
``(15) 308j. Affiliation bonus for officers in the Selected
Reserve.
``(16) 309. Enlistment bonus.
``(17) 312. Special pay for nuclear-qualified officers
extending period of active duty.
``(18) 312b. Nuclear career accession bonus.
``(19) 312c. Nuclear career annual incentive bonus.
``(20) 315. Engineering and scientific career continuation
pay.
``(21) 316. Bonus for members with foreign language
proficiency.
``(22) 317. Special pay for officers in critical
acquisition positions extending period of active duty.
``(23) 318. Special pay for special warfare officers
extending period of active duty.
``(24) 319. Surface warfare officer continuation pay.
``(25) 321. Judge advocate continuation pay.
``(26) 322. 15-year career status bonus for members
entering service on or after August 1, 1986.
``(27) 323. Retention incentives for members qualified in
critical military skills or assigned to high priority units.
``(28) 324. Accession bonus for new officers in critical
skills.
``(29) 326. Incentive bonus for conversion to military
occupational specialty to ease personnel shortage.
``(30) 327. Incentive bonus for transfer between armed
forces.
``(31) 329. Incentive bonus for retired members and reserve
component members volunteering for high-demand, low-density
assignments.
``(32) 330. Accession bonus for officer candidates.
``(c) Time for Payment.--A bonus required to be paid to a member
under this section shall be paid to the member in a lump sum not later
than 30 days after the date of the retirement or separation of the
member, notwithstanding any terms to the contrary in the agreement
under which the bonus was originally authorized.
``(d) Combat-Related Injury Defined.--In this section, the term
`combat-related injury' means an injury--
``(1) for which the member was awarded the Purple Heart; or
``(2) that was incurred (as determined under criteria
prescribed by the Secretary of Defense)--
``(A) as a direct result of armed conflict;
``(B) while engaged in hazardous service;
``(C) in the performance of duty under conditions
simulating war; or
``(D) through an instrumentality of war.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 903 the following new item:
``904. Continued payment of bonuses to members retired or separated due
to combat-related injuries.''. | Tax Relief and Fulfilling Our Obligation to Patriotic Soldiers Act of 2007 - Amends the Internal Revenue Code to exclude from gross income payments made to members of the Armed Forces as enlistment and reenlistment bonuses.
Requires the Secretary of Defense to continue the payment to members of the Armed Forces who are retired or separated for disability due to a combat-related injury of certain bonuses to which such members were entitled immediately before retirement or separation and to which such members would continue to be entitled if they were not retired or separated. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Medical Oversight in the
Department of Veterans Affairs Act of 2014''.
SEC. 2. OFFICE OF THE MEDICAL INSPECTOR.
(a) Establishment.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7310. Office of the Medical Inspector
``(a) In General.--There is established in the Department within
the Office of the Under Secretary for Health an office to be known as
the `Office of the Medical Inspector' (in this section referred to as
the `Office').
``(b) Head.--(1) The Medical Inspector shall be the head of the
Office.
``(2) The Medical Inspector shall be appointed by the Secretary
from among individuals qualified to perform the duties of the position.
``(3) The Medical Inspector shall report directly to the Under
Secretary for Health.
``(c) Functions.--The functions of the Office shall include the
following:
``(1) To review the quality of health care provided to
veterans--
``(A) by the Department generally; and
``(B) by the Department through contracts with non-
Department health care providers.
``(2) To review offices of the Veterans Health
Administration that have an impact on the quality of health
care provided to veterans by the Department and the performance
of the Department in providing such care.
``(3) To review offices and facilities of the Veterans
Health Administration to ensure that policies and procedures of
the Department and the Veterans Health Administration are
applied consistently at all such offices and facilities.
``(4) To investigate any systemic issues, as determined by
the Medical Inspector, that arise within the Veterans Health
Administration, including the following:
``(A) Improper issuance of credentials and
privileges to health care providers.
``(B) Impediments to the access of veterans to
health care from the Department.
``(C) Wait times for appointments by veterans at
medical facilities of the Department in excess of wait-
time goals established by the Department.
``(D) Intentional falsification by employees of the
Department of information or data with respect to wait
times for such appointments.
``(5) To establish temporary investigative teams to carry
out reviews or investigations described in paragraphs (1), (2),
(3), and (4) in response to specific incidents or inquiries,
including the following:
``(A) Investigations of complaints by a veteran, a
family member of a veteran, or another individual that
may require a visit to a facility or facilities of the
Department.
``(B) Assessments to examine potential systemic
issues within the Veterans Health Administration that
may require the conduct of surveys, the collection of
data, and the analysis of databases of the Department.
``(6) To recommend policies to promote economy and
efficiency in the administration of, and to prevent and detect
criminal activity, waste, abuse, and mismanagement in, programs
and operations of the Veterans Health Administration.
``(7) To carry out any other tasks required of the Office
by the Secretary or the Under Secretary for Health before, on,
or after the date of the enactment of this section.
``(d) Reports.--(1) Not later than 30 days after the date of the
enactment of this section, and periodically thereafter, the Medical
Inspector shall submit to the Secretary, the Under Secretary for
Health, and Congress reports on any problems or deficiencies
encountered in programs and operations of the Veterans Health
Administration, including any recommendations for corrective actions.
``(2) Each report required by paragraph (1) shall be made available
to the public on an Internet website of the Department.
``(3) Any other report prepared by the Medical Inspector in
carrying out the functions of the Office under this section shall be--
``(A) submitted to Congress; and
``(B) made available to the public on an Internet website
of the Department.
``(e) Privacy Matters.--Any medical or other personal information
obtained by the Office shall be protected from disclosure or misuse in
accordance with the laws on privacy applicable to such information.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7309 the following new item:
``7310. Office of the Medical Inspector.''.
(c) Conforming Amendments.--Section 7306(a) of such title is
amended by--
(1) redesignating paragraph (10) as paragraph (11); and
(2) inserting after paragraph (9) the following new
paragraph (10):
``(10) The Medical Inspector, who shall be the head of the
Office of the Medical Inspector under section 7310 of this
title.''.
(d) Continuation in Office.--The individual serving as the Medical
Inspector of the Department of Veterans Affairs on the day before the
date of the enactment of this Act may serve as the Medical Inspector of
the Department of Veterans Affairs after that date until the date on
which the Secretary of Veterans Affairs appoints an individual to be
the Medical Inspector pursuant to section 7310(b)(2) of title 38,
United States Code, as added by subsection (a). | Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014 - Establishes the Office of the Medical Inspector of the Department of Veterans Affairs (VA) within the Office of the Under Secretary for Health. Includes among the functions of the Office to: review the quality of health care provided to veterans by the VA generally and by the VA through contracts with non-VA health care providers; review offices of the Veterans Health Administration (VHA) that have an impact on the quality of health care provided to veterans by the VA and the performance of the VA in providing such care; review VHA offices and facilities to ensure that VA and VHA policies and procedures are applied consistently; investigate any systemic issues that arise within VHA, including improper issuance of credentials and privileges to health care providers, impediments to access to VA health care, wait times for appointments at VA medical facilities in excess of VA goals, and intentional falsification by VA employees of information regarding wait times; establish temporary investigative teams to carry out reviews in response to specific incidents or inquiries, including veterans' complaints and potential systemic issues within VHA that may require the conduct of surveys, the collection of data, and the analysis of VA databases; recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, VHA programs and operations; and report on problems or deficiencies encountered in VHA programs and operations and recommend corrective actions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Medicare Options Act
of 2009''.
SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE
BENEFICIARIES.
(a) In General.--Section 1882(s) of the Social Security Act (42
U.S.C. 1395ss(s)) is amended--
(1) in paragraph (2)(A), by striking ``65 years of age or
older and is enrolled for benefits under part B'' and inserting
``entitled to, or enrolled for, benefits under part A and
enrolled for benefits under part B'';
(2) in paragraph (2)(D), by striking ``who is 65 years of
age or older as of the date of issuance and''; and
(3) in paragraph (3)(B)(vi), by striking ``at age 65''.
(b) Phase-In Authority.--
(1) In general.--Subject to paragraph (2), the Secretary of
Health and Human Services may phase in the implementation of
the amendments made under subsection (a) in such manner as the
Secretary determines appropriate to minimize any adverse impact
on individuals enrolled under a Medicare supplemental policy
prior to the effective date of this Act.
(2) Limit.--The phase-in period under paragraph (1) shall
not exceed 5 years.
(c) Separate Premium Class.--
(1) In general.--Subject to paragraph (2), any individuals
enrolled under a Medicare supplemental policy pursuant to the
amendments made under subsection (a) shall be classified by the
issuer as part of a separate premium class.
(2) Limit.--The provision in paragraph (1) shall apply to
individuals that enroll under a Medicare supplemental policy
prior to January 1, 2015.
(d) Additional Enrollment Period for Certain Individuals.--
(1) One-time enrollment period.--
(A) In general.--In the case of an individual
described in paragraph (2), the Secretary shall
establish a one-time enrollment period during which
such an individual may enroll in any Medicare
supplemental policy of the individual's choosing.
(B) Period.--The enrollment period established
under subparagraph (A) shall begin on the date on which
the phase-in period under subsection (b) is completed
and end 6 months after such date.
(2) Individual described.--An individual described in this
paragraph is an individual who--
(A) is entitled to hospital insurance benefits
under part A under section 226(b) or section 226A of
the Social Security Act (42 U.S.C. 426(b); 426-1);
(B) is enrolled for benefits under part B of such
Act (42 U.S.C. 1395j et seq.); and
(C) would not, but for the provisions of and
amendments made by this section, be eligible for the
guaranteed issue of a Medicare supplemental policy
under section 1882(s)(2) of such Act (42 U.S.C.
1395ss(s)(2)).
(3) Outreach plan.--The Secretary shall develop an outreach
plan to notify individuals described in paragraph (2) of the
one-time enrollment period established under paragraph (1).
SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND
MEDICAID ENROLLEES.
(a) In General.--Section 1882(s)(3) of the Social Security Act (42
U.S.C. 1395ss(s)(3)), as amended by section 2, is amended--
(1) in subparagraph (B), by adding at the end the following
new clauses:
``(vii) The individual was enrolled in a Medicare Advantage
plan under part C for not less than 12 months and subsequently
disenrolled from such plan and elects to receive benefits under
this title through the original Medicare fee-for-service
program under parts A and B.
``(viii) The individual--
``(I) is entitled to, or enrolled for, benefits
under part A and enrolled for benefits under part B;
``(II) was eligible for medical assistance under a
State plan or waiver under title XIX and was enrolled
in such plan or waiver; and
``(III) subsequently lost eligibility for such
medical assistance.''; and
(2) by striking subparagraph (C)(iii) and inserting the
following:
``(iii) Subject to subsection (v)(1), for purposes of an
individual described in clause (vi), (vii), or (viii) of
subparagraph (B), a Medicare supplemental policy described in
this subparagraph shall include any Medicare supplemental
policy.''.
(3) in subparagraph (E)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(vi) in the case of an individual described in
subparagraph (B)(vii), the annual, coordinated election period
(as defined in section 1851(e)(3)(B)) or a continuous open
enrollment period (as defined in section 1851(e)(2)) during
which the individual disenrolls from a Medicare Advantage plan
under part C; and
``(vii) in the case of an individual described in
subparagraph (B)(viii), the period beginning on the date that
the individual receives a notice of cessation of such
individual's eligibility for medical assistance under the State
plan or waiver under title XIX and ending on the date that is
123 days after the individual receives such notice.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to Medicare supplemental policies effective on or after January
1, 2010.
SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN
MEDICARE ADVANTAGE.
(a) In General.--Section 1851(a) of the Social Security Act (42
U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting
the following:
``(3) Medicare+Choice Eligible Individual.--In this title, the term
`Medicare+Choice eligible individual' means an individual who is
entitled to benefits under part A and enrolled under part B.''.
(b) Conforming Amendments.--
(1) Section 1852(b) of the Social Security Act (42 U.S.C.
1395w-22(b)) is amended by striking paragraph (1) and inserting
the following:
``(1) Beneficiaries.--A Medicare+Choice organization may not deny,
limit, or condition the coverage or provision of benefits under this
part, for individuals permitted to be enrolled with the organization
under this part, based on any health status-related factor described in
section 2702(a)(1) of the Public Health Service Act. The Secretary
shall not approve a plan of an organization if the Secretary determines
that the design of the plan and its benefits are likely to
substantially discourage enrollment by certain MA eligible individuals
with the organization.''.
(2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w-
28(b)(6)(B)) is amended in the second sentence by striking
``may waive application of section 1851(a)(3)(B) in the case of
an individual described in clause (i), (ii), or (iii) of this
subparagraph and''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2010. | Equal Access to Medicare Options Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide all Medicare beneficiaries, regardless of whether they have enrolled in Medicare part B, as well as Medicare Advantage and Medicaid enrollees with the right to guaranteed issue of a supplemental insurance (Medigap) policy.
Amends part C (Medicare+Choice) of SSA title XVIII to permit enrollment of individuals with end stage renal disease (ESRD) in Medicare Advantage. | [
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] |
SECTION 1. SCHOOL CONSTRUCTION FUNDS FOR CERTAIN LOCAL EDUCATIONAL
AGENCIES.
Title XII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8501 et seq.) is amended--
(1) by inserting after the title heading the following:
``PART A--EDUCATION INFRASTRUCTURE ACT OF 1994'';
(2) by striking ``title'' each place such term appears and
inserting ``part''; and
(3) by adding at the end the following:
``PART B--SCHOOL CONSTRUCTION FUNDS FOR LOCAL EDUCATIONAL AGENCIES THAT
HAVE MADE IMPROVEMENTS IN TEACHER QUALITY AND STUDENT ACHIEVEMENT
``SEC. 12020. PURPOSE.
``The purpose of the part is to award grants for school
construction to local educational agencies that have taken steps to
improve teacher quality and raise student achievement.
``SEC. 12021. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants to local educational
agencies that satisfy the conditions in section 12022 to enable such
agencies to carry out school construction.
``SEC. 12022. CONDITIONS FOR RECEIVING FUNDS.
``(a) In General.--In order to receive a grant under this part, a
local educational agency shall have submitted to the Secretary (at such
time and in such manner as the Secretary may require) an application
establishing the following:
``(1) The percentage of children eligible for free and
reduced priced lunches under the National School Lunch Act
under the jurisdiction of the agency equals or exceeds 65
percent.
``(2) It has taken significant steps to ensure that all
students are taught by fully qualified teachers.
``(3) It does not use teachers certified on an emergency
basis.
``(4) It does not use social promotion.
``(5) All students in grades kindergarten through grade 12
under its jurisdiction are subject to State achievement
standards in the core curriculum at key transition points, as
determined by the State.
``(6) It uses tests and other indicators, such as grades
and teacher evaluations, to assess student performance in
meeting the State achievement standards, which tests are valid
for the purpose of such assessment.
``(b) Plan.--In order to receive a grant under this part, a local
educational agency shall include in the application submitted under
subsection (a)--
``(1) a plan for ensuring that all students are taught by
fully qualified teachers; and
``(2) an assurance that the agency will provide annual
reports to the Secretary quantifying progress toward achieving
that end.
``SEC. 12023. DEFINITIONS.
``For purposes of this part:
``(1) Construction.--The term `construction' means--
``(A) preparation of drawings and specifications
for school facilities;
``(B) building new school facilities, or acquiring,
remodeling, demolishing, renovating, improving, or
repairing facilities; or
``(C) inspection of work described in subparagraph
(B).
``(2) Fully qualified teacher.--The term `fully qualified
teacher' means--
``(A) when used with respect to a public elementary
or secondary school teacher means that the teacher
holds a valid State teaching certificate or license for
the grade level at which he or she provides
instruction; and
``(B) when used with respect to--
``(i) an elementary school teacher, means
that the teacher holds at least a bachelor's
degree and has demonstrated the knowledge and
teaching skills needed to teach effectively in
the areas of reading writing, mathematics,
science and other areas of the elementary
school curriculum; or
``(ii) a middle or secondary school
teacher, means that the teacher holds at least
a bachelors degree and has demonstrated
proficiency in all subject areas in which he or
she provides instruction through--
``(I) a high level of performance
on a rigorous and formal State
assessment of content area knowledge;
or
``(II) completion of at least an
undergraduate major in each of the
academic subject areas in which he or
she provides instruction.
``(3) School facility.--The term `school facility' means a
public structure suitable for use as a classroom, laboratory,
library, media center, or related facility the primary purpose
of which is the instruction of public elementary school or
secondary school students.
``SEC. 12024. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$1,000,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal
years.''. | Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and student achievement. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Steel Loan Guarantee
Program''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States steel industry has been severely
harmed by a record surge of more than 40,000,000 tons of steel
imports into the United States in 1998, caused by the world
financial crisis;
(2) this surge in imports resulted in the loss of more than
10,000 steel worker jobs in 1998, and was the imminent cause of
3 bankruptcies by medium-sized steel companies, Acme Steel,
Laclede Steel, and Geneva Steel;
(3) the crisis also forced almost all United States steel
companies into--
(A) reduced volume, lower prices, and financial
losses; and
(B) an inability to obtain credit for continued
operations and reinvestment in facilities;
(4) the crisis also has affected the willingness of private
banks and investment institutions to make loans to the U.S.
steel industry for continued operation and reinvestment in
facilities;
(5) these steel bankruptcies, job losses, and financial
losses are also having serious negative effects on the tax base
of cities, counties, and States, and on the essential health,
education, and municipal services that these government
entities provide to their citizens; and
(6) a strong steel industry is necessary to the adequate
defense preparedness of the United States in order to have
sufficient steel available to build the ships, tanks, planes,
and armaments necessary for the national defense.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Board'' means the Loan Guarantee Board
established under section 5;
(2) the term ``Program'' means the Emergency Steel
Guaranteed Loan Program established under section 4; and
(3) the term ``qualified steel company'' means any company
that--
(A) is incorporated under the laws of any State;
(B) is engaged in the production and manufacture of
a product defined by the American Iron and Steel
Institute as a basic steel mill product, including
ingots, slab and billets, plates, flat-rolled steel,
sections and structural products, bars, rail type
products, pipe and tube, and wire rod; and
(C) has experienced layoffs, production losses, or
financial losses since the beginning of the steel
import crisis, after January 1, 1998.
SEC. 4. ESTABLISHMENT OF EMERGENCY STEEL GUARANTEED LOAN PROGRAM.
There is established the Emergency Steel Guaranteed Loan Program,
to be administered by the Board, the purpose of which is to provide
loan guarantees to qualified steel companies in accordance with this
Act.
SEC. 5. LOAN GUARANTEE BOARD MEMBERSHIP.
There is established a Loan Guarantee Board, which shall be
composed of--
(1) the Secretary of Commerce, who shall serve as Chairman
of the Board;
(2) the Secretary of Labor; and
(3) the Secretary of the Treasury.
SEC. 6. LOAN GUARANTEE PROGRAM.
(a) Authority.--The Program may guarantee loans provided to
qualified steel companies by private banking and investment
institutions in accordance with the procedures, rules, and regulations
established by the Board.
(b) Total Guarantee Limit.--The aggregate amount of loans
guaranteed and outstanding at any one time under this Act may not
exceed $1,000,000,000.
(c) Individual Guarantee Limit.--The aggregate amount of loans
guaranteed under this Act with respect to a single qualified steel
company may not exceed $250,000,000.
(d) Minimum Guarantee Amount.--No single loan in an amount that is
less than $25,000,000 may be guaranteed under this Act, except that the
Board may, in exceptional circumstances, guarantee smaller loans.
(e) Timelines.--The Board shall approve or deny each application
for a guarantee under this Act as soon as possible after receipt of
such application.
(f) Additional Costs.--For the additional cost of the loans
guaranteed under this section, including the costs of modifying the
loans as defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a), there is authorized to be appropriated $140,000,000,
to remain available until expended.
(g) Requirements for Loan Guarantees.--A loan guarantee may be
issued under this Act upon application to the Board by a qualified
steel company pursuant to an agreement to provide a loan to that
qualified steel company by a private bank or investment company, if the
Board determines that--
(1) credit is not otherwise available to that company under
reasonable terms or conditions sufficient to meet its financing
needs, as reflected in the financial and business plans of that
company;
(2) the prospective earning power of that company, together
with the character and value of the security pledged, furnish
reasonable assurance of repayment of the loan to be guaranteed
in accordance with its terms;
(3) the loan to be guaranteed bears interest at a rate
determined by the Board to be reasonable, taking into account
the current average yield on outstanding obligations of the
United States with remaining periods of maturity comparable to
the maturity of such loan; and
(4) the company has agreed to an audit by the General
Accounting Office, prior to the issuance of the loan guarantee
and annually while any such guaranteed loan is outstanding.
(h) Terms and Conditions of Loan Guarantees.--
(1) Loan duration.--All loans guaranteed under this Act
shall be payable in full not later than December 31, 2005, and
the terms and conditions of each such loan shall provide that
the loan may not be amended, or any provision thereof waived,
without the consent of the Board.
(2) Loan security.--Any commitment to issue a loan
guarantee under this Act shall contain such affirmative and
negative covenants and other protective provisions that the
Board determines are appropriate. The Board shall require
security for the loans to be guaranteed under this Act at the
time at which the commitment is made.
(3) Fees.--A qualified steel company receiving a guarantee
under this Act shall pay a fee in an amount equal to 0.5
percent of the outstanding principal balance of the guaranteed
loan to the Department of the Treasury.
(i) Reports to Congress.--The Secretary of Commerce shall submit to
the Congress annually a full report of the activities of the Board
under this Act during fiscal years 1999 and 2000, and annually
thereafter, during such period as any loan guaranteed under this Act is
outstanding.
SEC. 7. SALARIES AND ADMINISTRATIVE EXPENSES.
For necessary expenses to administer the Program, there is
authorized to be appropriated to the Department of Commerce $5,000,000,
to remain available until expended, which may be transferred to the
Office of the Assistant Secretary for Trade Development of the
International Trade Administration.
SEC. 8. TERMINATION OF GUARANTEE AUTHORITY.
The authority of the Board to make commitments to guarantee any
loan under this Act shall terminate on December 31, 2001.
SEC. 9. REGULATORY ACTION.
The Board shall issue such final procedures, rules, and regulations
as may be necessary to carry out this Act not later than 60 days after
the date of enactment of this Act.
SEC. 10. IRON ORE COMPANIES.
(a) In General.--Subject to the requirements of this section, an
iron ore company incorporated under the law of any State shall be
treated as a qualified steel company for purposes of the Program.
(b) Total Guarantee Limit for Iron Ore Companies.--Of the aggregate
amount of loans authorized to be guaranteed and outstanding at any one
time under section 6(b), not to exceed $30,000,000 of the amount of
loans guaranteed and outstanding at any one time shall be loans with
respect to iron ore companies.
(c) Minimum Iron Ore Company Guarantee Amount.--Notwithstanding
section 6(d), a single loan to an iron ore company in an amount of not
less than $6,000,000 may be guaranteed under this section.
SEC. 11. EMERGENCY DESIGNATION.
The entire amount made available to carry out this Act--
(1) is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)); and
(2) shall be available only to the extent that an official
budget request that includes designation of the entire amount
of the request as an emergency requirement (as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985) is
transmitted by the President to the Congress. | Emergency Steel Loan Guarantee Program - Establishes the Emergency Steel Loan Guarantee Program, and the Loan Guarantee Board to administer it, composed of the Secretaries of Commerce, the Treasury, and Labor.
Authorizes such Program to guarantee loans by private banking and investment institutions to qualified steel companies, in accordance with Board-established procedures.
Sets forth loan guarantee parameters.
Authorizes appropriations.
Treats an iron ore company as a qualified steel company for purposes of the Program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Mortgage Loan Modification
Act of 2008''.
SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS
FOR CERTAIN RESIDENTIAL MORTGAGE LOANS.
(a) Standard for Loan Modifications or Workout Plans.--Absent
contractual provisions to the contrary--
(1) the duty to maximize, or to not adversely affect, the
recovery of total proceeds from pooled residential mortgage
loans is owed by a servicer of such pooled loans to the
securitization vehicle for the benefit of all investors and
holders of beneficial interests in the pooled loans, in the
aggregate, and not to any individual party or group of parties;
and
(2) a servicer of pooled residential mortgage loans shall
be deemed to be acting on behalf of the securitization vehicle
in the best interest of all investors and holders of beneficial
interests in the pooled loans, in the aggregate, if for a loan
that is in payment default under the loan agreement or for
which payment default is imminent or reasonably foreseeable,
the loan servicer makes reasonable and documented efforts to
implement a modification or workout plan or, if such efforts
are unsuccessful or such plan would be infeasible, engages in
other loss mitigation, including accepting a short payment or
partial discharge of principal, or agreeing to a short sale of
the property, to the extent that the servicer reasonably
believes the particular modification or workout plan or other
mitigation actions will maximize the net present value to be
realized on the loan, including over that which would be
realized through foreclosure.
(b) Safe Harbor.--Absent contractual provisions to the contrary, a
servicer of a residential mortgage loan that acts in a manner
consistent with the duty set forth in subsection (a), shall not be
liable for entering into a qualified loan modification or workout plan,
to--
(1) any person, based on that person's ownership of a
residential mortgage loan or any interest in a pool of
residential mortgage loans or in securities that distribute
payments out of the principal, interest and other payments in
loans on the pool;
(2) any person who is obligated pursuant to a derivatives
instrument to make payments determined in reference to any loan
or any interest referred to in paragraph (1); or
(3) any person that insures any loan or any interest
referred to in paragraph (1) under any law or regulation of the
United States or any law or regulation of any State or
political subdivision of any State.
(c) Rule of Construction.--No provision of this section shall be
construed as limiting the ability of a servicer to enter into loan
modifications or workout plans other than qualified loan modification
or workout plans.
(d) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Qualified loan modification or workout plan.--The term
``qualified loan modification or workout plan'' means a
modification or plan that--
(A) is scheduled to remain in place until the
borrower sells or refinances the property, or for at
least 5 years from the date of adoption of the plan,
whichever is sooner;
(B) does not provide for a repayment schedule that
results in negative amortization at any time; and
(C) does not require the borrower to pay additional
points and fees.
(2) Negative amortization.--For purposes of paragraph (1),
the term ``negative amortization'' does not include the
capitalization of delinquent interest and arrearages.
(3) Residential mortgage loan defined.--The term
``residential mortgage loan'' means a loan that is secured by a
lien on an owner-occupied residential dwelling.
(4) Securitization vehicle.--The term ``securitization
vehicle'' means a trust, corporation, partnership, limited
liability entity, special purpose entity, or other structure
that--
(A) is the issuer, or is created by the issuer, of
mortgage pass-through certificates, participation
certificates, mortgage-backed securities, or other
similar securities backed by a pool of assets that
includes residential mortgage loans; and
(B) holds such loans.
(e) Effective Period.--This section shall apply only with respect
to qualified loan modification or workout plans initiated prior to
January 1, 2011. | Emergency Mortgage Loan Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans.
States that the servicer of such pooled loans owes a duty to the securitization vehicle to maximize recovery of proceeds for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties.
Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer makes certain loss mitigation efforts for a loan in or facing payment default in the reasonable belief that the particular modification, workout plan, or other mitigation actions will maximize the net present value to be realized over that which would be realized through foreclosure.
Declares that, absent contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons (including any person obligated pursuant to a derivatives instrument to make specified payments) for entering into a qualified loan modification or workout plan for loss mitigation purposes.
Defines "qualified loan modification or workout plan" as one that: (1) is scheduled to remain in place until the borrower sells or refinances the property, or for at least five years from the date of adoption of the plan, whichever is sooner; (2) does not provide for a repayment schedule that results in negative amortization at any time; and (3) does not require the borrower to pay additional points and fees.
States that, for purposes of a qualified loan modification or workout plan, negative amortization does not include capitalization of delinquent interest and arrearages.
Defines "securitization vehicle" as a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that: (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such loans. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Our Democracy Act of 2014''.
SEC. 2. ELECTION OF MEMBERS OF HOUSE OF REPRESENTATIVES THROUGH OPEN
PRIMARIES.
(a) Rules for Election of House Members.--A candidate for election
for the office of Member of the House of Representatives shall be
elected to such office pursuant to the following elections held by the
State in which the candidate seeks election:
(1) A single open primary election for such office held in
accordance with subsection (b).
(2) A single general election for such office held in
accordance with subsection (c).
(b) Open Primaries.--Each State shall hold a single open primary
election for each office of Member of the House of Representatives in
the State under which--
(1) each candidate for such office, regardless of the
candidate's political party preference, shall appear on a
single ballot; and
(2) each voter in the State who is eligible to vote in
elections for Federal office in the Congressional district
involved may cast a ballot in the election, regardless of the
voter's political party preference.
(c) General Election.--Each State shall hold a general election for
each office of Member of the House of Representatives in the State
under which the 2 candidates receiving the greatest number of votes in
the single open primary election for such office (as described in
subsection (b)), without regard to the political party preference of
such candidates, shall be the only candidates appearing on the ballot.
SEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES.
(a) Option of Candidates To Declare Political Party Preference.--At
the time a candidate for the office of Member of the House of
Representatives files to run for such office, the candidate shall have
the option of declaring a political party preference, and the
preference chosen (if any) shall accompany the candidate's name on the
ballot for the election for such office.
(b) Designation for Candidates Not Declaring Preference.--If a
candidate does not declare a political party preference under
subsection (a), the designation ``No Party Preference'' shall accompany
the candidate's name on the ballot for the election for such office.
(c) No Party Endorsement Implied.--The selection of a party
preference by a candidate under subsection (a) shall not constitute or
imply endorsement of the candidate by the party designated, and no
candidate in a general election shall be deemed the official candidate
of any party by virtue of his or her selection in the primary.
SEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES.
Nothing in this Act shall restrict the right of individuals to join
or organize into political parties or in any way restrict the right of
private association of political parties. Nothing in this Act shall
restrict a party's right to contribute to, endorse, or otherwise
support a candidate for the office of Member of the House of
Representatives. A political party may establish such procedures as it
sees fit to endorse or support candidates or otherwise participate in
all elections, and may informally designate candidates for election to
such an office at a party convention or by whatever lawful mechanism
the party may choose, other than pursuant to a primary election held by
a State. A political party may also adopt such rules as it sees fit for
the selection of party officials (including central committee members,
presidential electors, and party officers), including rules restricting
participation in elections for party officials to those who disclose a
preference for that party at the time of registering to vote.
SEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC
HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT.
(a) In General.--For purposes of any law relating to Federal
employment, the Tuesday next after the first Monday in November in 2016
and each even-numbered year thereafter shall be treated in the same
manner as a legal public holiday described in section 6103 of title 5,
United States Code.
(b) Sense of Congress Regarding Treatment of Day by Private
Employers.--It is the sense of Congress that private employers in the
United States should give their employees a day off on the Tuesday next
after the first Monday in November in 2016 and each even-numbered year
thereafter to enable the employees to cast votes in the elections held
on that day.
SEC. 6. STUDY OF NATIONAL STANDARDS AND CRITERIA FOR CONGRESSIONAL
REDISTRICTING.
(a) Study.--The Comptroller General shall conduct a study of the
feasibility and desirability of enacting national standards and
criteria for Congressional redistricting.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall submit a
report to Congress on the study conducted under subsection (a).
----------------------------------------------------------------------------------------------------------------
7.5.......................................... Before January 1, 1999.
7.75........................................ January 1, 1999, to December 31, 1999.
7.9......................................... January 1, 2000, to December 31, 2000.
7.55........................................ After January 11, 2003.
----------------------------------------------------------------------------------------------------------------
SEC. 7. MEMBER DEFINED.
In this Act, the term ``Member of the House of Representatives''
included a Delegate or Resident Commissioner to the Congress.
SEC. 8. EFFECTIVE DATE.
Except as provided in sections 5(a) and 6(b), this Act shall apply
with respect to elections occurring during 2016 or any succeeding year. | Open Our Democracy Act of 2014 - Requires all candidates for election to the House of Representatives to run in a single open primary, regardless of political party preference. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the single open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Requires the Comptroller General (GAO) to study the feasibility and desirability of enacting national standards and criteria for congressional redistricting. | [
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] |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Individual Income
Tax Rate Reduction Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Section 15 Not To Apply.--No amendment made by this Act shall
be treated as a change in a rate of tax for purposes of section 15 of
such Code.
SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES.
(a) Rates for 2001.--Section 1 (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 every
married individual (as defined in section 7703) who makes a single
return jointly with his spouse under section 6013, and 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 $45,200...............
12% of taxable income.
Over $45,200 but not over
$109,250.
$5,424, plus 25% of the excess
over $45,200
Over $109,250 but not over
$166,500.
$21,436.50, plus 28% of the
excess over $109,250
Over $166,500 but not over
$297,350.
$37,466.50, plus 35.5% of the
excess over $166,500
Over $297,350..................
$83,918.25, plus 38.2% of the
excess over $297,350
``(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 $36,250...............
12% of taxable income.
Over $36,250 but not over
$93,650.
$4,350, plus 25% of the excess
over $36,250
Over $93,650 but not over
$151,650.
$18,700, plus 28% of the excess
over $93,650
Over $151,650 but not over
$297,350.
$34,940, plus 35.5% of the
excess over $151,650
Over $297,350..................
$86,663.50, plus 38.2% of the
excess over $297,350
``(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 $27,050...............
12% of taxable income.
Over $27,050 but not over
$65,550.
$3,246, plus 25% of the excess
over $27,050
Over $65,550 but not over
$136,750.
$12,871, plus 28% of the excess
over $65,550
Over $136,750 but not over
$297,350.
$32,807, plus 35.5% of the
excess over $136,750
Over $297,350..................
$89,820, plus 38.2% of the
excess over $297,350
``(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 $22,600...............
12% of taxable income.
Over $22,600 but not over
$54,625.
$2,712, plus 25% of the excess
over $22,600
Over $54,625 but not over
$83,250.
$10,718.25, plus 28% of the
excess over $54,625
Over $83,250 but not over
$148,675.
$18,733.25, plus 35.5% of the
excess over $83,250
Over $148,675..................
$41,959.12, plus 38.2% of the
excess over $148,675
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of every estate, and every trust, taxable under this subsection
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $1,800................
12% of taxable income.
Over $1,800 but not over $4,250
$216, plus 25% of the excess
over $1,800
Over $4,250 but not over $6,500
$828.50, plus 28% of the excess
over $4,250
Over $6,500 but not over $8,900
$1,458.50, plus 35.5% of the
excess over $6,500
Over $8,900....................
$2,310.50, plus 38.2% of the
excess over $8,900''
(b) Rate Reductions After 2001.--Section 1 is amended by adding at
the end the following new subsection:
``(i) Rate Reductions After 2001.--
``(1) In general.--In the case of taxable years beginning
in a calendar year after 2001, the corresponding percentage
specified for such calendar year in the following table shall
be substituted for the otherwise applicable tax rate.
------------------------------------------------------------------------
The corresponding
percentages shall be
In the case of taxable years beginning during substituted for the
calendar year: following percentages:
-------------------------
35.5% 38.2%
------------------------------------------------------------------------
2002.......................................... 35.0% 37.0%
2003.......................................... 34.5% 35.8%
2004.......................................... 34.0% 34.6%
2005.......................................... 33.5% 33.5%
2006 and thereafter........................... 33.0% 33.0%
------------------------------------------------------------------------
``(2) Adjustment of tables.--The Secretary shall adjust the
tables prescribed under subsection (f) to carry out the
reductions under this subsection.''
(c) Inflation Adjustment To Apply After 2001.--Subsection (f) of
section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``2001'', and
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``2000''.
(d) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``2000'' each place it appears:
(A) Section 32(j)(1)(B).
(B) Section 41(e)(5)(C).
(C) Section 42(h)(3)(H)(i)(II).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 132(f)(6)(A)(ii).
(H) Section 135(b)(2)(B)(ii).
(I) Section 146(d)(2)(B).
(J) Section 151(d)(4).
(K) Section 220(g)(2).
(L) Section 221(g)(1)(B).
(M) Section 512(d)(2)(B).
(N) Section 513(h)(2)(C)(ii).
(O) Section 685(c)(3)(B).
(P) Section 877(a)(2).
(Q) Section 911(b)(2)(D)(ii)(II).
(R) Section 2032A(a)(3)(B).
(S) Section 2503(b)(2)(B).
(T) Section 2631(c)(2).
(U) Section 4001(e)(1)(B).
(V) Section 4261(e)(4)(A)(ii).
(W) Section 6039F(d).
(X) Section 6323(i)(4)(B).
(Y) Section 6334(g)(1)(B).
(Z) Section 6601(j)(3)(B).
(AA) Section 7430(c)(1).
(2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each
amended by striking ``begins,'' and all that follows through
``thereof''.
(3) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``2000''.
(e) Additional Conforming Amendments.--
(1) Subparagraph (B) of section 1(g)(7) is amended--
(A) by striking ``15 percent'' in clause (ii)(II)
and inserting ``the first bracket percentage'', and
(B) by adding at the end the following flush
sentence:
``For purposes of clause (ii), the first bracket
percentage is the percentage applicable to the lowest
income bracket in the table under subsection (c).''
(2) Section 1(h) is amended--
(A) by striking ``28 percent'' both places it
appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and
inserting ``25 percent'', and
(B) by striking paragraph (13).
(3) Section 15 is amended by adding at the end the
following new subsection:
``(f) Rate Reductions Enacted by Individual Income Tax Rate
Reduction Act of 2001.--This section shall not apply to any change in
rates under subsection (i) of section 1 (relating to rate reductions
after 2000).''
(4) Section 531 is amended by striking ``equal to'' and all
that follows and inserting ``equal to the product of the
highest rate of tax under section 1(c) and the accumulated
taxable income.''.
(5) Section 541 of such Code is amended by striking ``equal
to'' and all that follows and inserting ``equal to the product
of the highest rate of tax under section 1(c) and the
undistributed personal holding company income.''.
(6) Section 3402(p)(1)(B) is amended by striking ``7, 15,
28, or 31 percent'' and inserting ``7 percent, any percentage
applicable to any of the 3 lowest income brackets in the table
under section 1(c),''.
(7) Section 3402(p)(2) is amended by striking ``equal to 15
percent of such payment'' and inserting ``equal to the product
of the lowest rate of tax under section 1(c) and such
payment''.
(8) Section 3402(q)(1) is amended by striking ``equal to 28
percent of such payment'' and inserting ``equal to the product
of the third to the lowest rate of tax under section 1(c) and such
payment''.
(9) Section 3402(r)(3) is amended by striking ``31
percent'' and inserting ``the third to the lowest rate of tax
under section 1(c)''.
(10) Section 3406(a)(1) is amended by striking ``equal to
31 percent of such payment'' and inserting ``equal to the
product of the third to the lowest rate of tax under section
1(c) and such payment''.
(11) Section 13273 of the Revenue Reconciliation Act of
1993 is amended by striking ``28 percent'' and inserting ``the
third to the lowest rate of tax under section 1(c) of the
Internal Revenue Code of 1986''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2000.
(2) Amendments to withholding provisions.--The amendments
made by paragraphs (6), (7), (8), (9), (10), and (11) of
subsection (e) shall apply to amounts paid after the date of
the enactment of this Act.
SEC. 3. INCREASE IN STANDARD DEDUCTION.
(a) In General.--Paragraph (2) of section 63(c) (relating to
standard deduction) is amended to read as follows:
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) twice the dollar amount in effect under
subparagraph (C) for the taxable year in the case of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)),
``(B) $8,500 in the case of a head of household (as
defined in section 2(b)), or
``(C) $6,000 in any other case.''
(c) Technical Amendments.--
(1) Paragraph (4) of section 63(c) is amended to read as
follows:
``(4) Adjustments for inflation.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 1988, each dollar
amount contained in paragraph (2) or (5) or subsection
(f) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins.
The preceding sentence shall not apply to the amount
referred to in paragraph (2)(A).
``(B) Base period adjustments.--In determining the
adjustment under subparagraph (A), section 1(f)(3)
shall be applied by substituting for `calendar year
1992' in subparagraph (B) thereof--
``(i) `calendar year 1987' in the case of
the dollar amount contained in paragraph (5)(A)
or subsection (f),
``(ii) `calendar year 1997' in the case of
the dollar amount contained in paragraph
(5)(B)'', and
``(iii) `calendar year 2000' in the case of
the dollar amounts contained in paragraph
(2).''
(2) Subparagraph (B) of section 1(f)(6) is amended by
striking ``subsection (c)(4) of section 63 (as it applies to
subsections (c)(5)(A) and (f) of such section)'' and inserting
``section 63(c)(4)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Individual Income Tax Rate Reduction Act of 2001 - Amends the Internal Revenue Code to establish new, lower tax rates for individuals. Increases the standard deduction and provides that such deduction on a joint return shall be twice the amount of a single return. | [
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] |
SECTION 1. DISTRIBUTION OF JUDGMENT FUNDS.
(a) Funds To Be Deposited Into Separate Accounts.--
(1) In general.--Subject to section 2, not later than 30
days after the date of enactment of this Act, the funds
appropriated on September 19, 1989, in satisfaction of an award
granted to the Quinault Indian Nation under Dockets 772-71,
773-71, 774-71, and 775-71 before the United States Claims
Court, less attorney fees and litigation expenses, and
including all interest accrued to the date of disbursement,
shall be distributed by the Secretary and deposited into 3
separate accounts to be established and maintained by the
Quinault Indian Nation (referred to in this Act as the
``Tribe'') in accordance with this subsection.
(2) Account for principal amount.--
(A) In general.--The Tribe shall--
(i) establish an account for the principal
amount of the judgment funds; and
(ii) use those funds to establish a
Permanent Fisheries Fund.
(B) Use and investment.--The principal amount
described in subparagraph (A)(i)--
(i) except as provided in subparagraph
(A)(ii), shall not be expended by the Tribe;
and
(ii) shall be invested by the Tribe in
accordance with the investment policy of the
Tribe.
(3) Account for investment income.--
(A) In general.--The Tribe shall establish an
account for, and deposit in the account, all investment
income earned on amounts in the Permanent Fisheries
Fund established under paragraph (2)(A)(ii) after the
date of distribution of the funds to the Tribe under
paragraph (1).
(B) Use of funds.--Funds deposited in the account
established under subparagraph (A) shall be available
to the Tribe--
(i) subject to subparagraph (C), to carry
out fisheries enhancement projects; and
(ii) pay expenses incurred in administering
the Permanent Fisheries Fund established under
paragraph (2)(A)(ii).
(C) Specification of projects.--Each fisheries
enhancement project carried out under subparagraph
(B)(i) shall be specified in the approved annual budget
of the Tribe.
(4) Account for income on judgment funds.--
(A) In general.--The Tribe shall establish an
account for, and deposit in the account, all investment
income earned on the judgment funds described in
subsection (a) during the period beginning on September
19, 1989, and ending on the date of distribution of the
funds to the Tribe under paragraph (1).
(B) Use of funds.--
(i) In general.--Subject to clause (ii),
funds deposited in the account established
under subparagraph (A) shall be available to
the Tribe for use in carrying out tribal
government activities.
(ii) Specification of activities.--Each
tribal government activity carried out under
clause (i) shall be specified in the approved
annual budget of the Tribe.
(b) Determination of Amount of Funds Available.--Subject to
compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) of
subsection (a), the Quinault Business Committee, as the governing body
of the Tribe, may determine the amount of funds available for
expenditure under paragraphs (3) and (4) of subsection (a).
(c) Annual Audit.--The records and investment activities of the 3
accounts established under subsection (a) shall--
(1) be maintained separately by the Tribe; and
(2) be subject to an annual audit.
(d) Reporting of Investment Activities and Expenditures.--Not later
than 120 days after the date on which each fiscal year of the Tribe
ends, the Tribe shall make available to members of the Tribe a full
accounting of the investment activities and expenditures of the Tribe
with respect to each fund established under this section (which may be
in the form of the annual audit described in subsection (c)) for the
fiscal year.
SEC. 2. CONDITIONS FOR DISTRIBUTION.
(a) United States Liability.--On disbursement to the Tribe of the
funds under section 1(a), the United States shall bear no trust
responsibility or liability for the investment, supervision,
administration, or expenditure of the funds.
(b) Application of Other Law.--All funds distributed under this Act
shall be subject to section 7 of the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1407). | Specifies the distribution and use of funds appropriated on September 19, 1989, in satisfaction of an award granted to the Quinault Indian Nation under Dockets 772-71, 773-71, 774-71, and 775-71 before the United States Claims Court. Requires distribution and deposit of such funds into three accounts (for Principal Amount, for Investment Income, and for Income on Judgment Funds), to be established by the Tribe, maintained separately, and audited annually. Requires use of the Account for Principal Amount to establish a Permanent Fisheries Fund. Exempts the United States from any trust responsibility or liability for funds upon their disbursement to the Tribe. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Enhancement for Education in
College Act''.
SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.
(a) In General.--Subsection (d) of section 25B of the Internal
Revenue Code of 1986 (relating to elective deferrals and IRA
contributions by certain individuals) is amended by redesignating
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) Contributions to qualified tuition programs.--
``(A) In general.--The term `qualified savings
contribution' includes the amount of any purchase or
contribution described in paragraph (1)(A) of section
529(b) to a qualified tuition program (as defined in
such section) if--
``(i) the taxpayer has the power to
authorize distributions and otherwise
administer the account, and
``(ii) the designated beneficiary of such
purchase or contribution is the taxpayer, the
taxpayer's spouse, or an individual with
respect to whom the taxpayer is allowed a
deduction under section 151.
``(B) Limitation based on compensation.--The amount
treated as a qualified savings contribution by reason
of subparagraph (A) for any taxable year shall not
exceed the sum of--
``(i) the compensation (as defined in
section 219(f)(1)) includible in the taxpayer's
gross income for the taxable year, and
``(ii) the amount excluded from the
taxpayer's gross income under section 112
(relating to combat pay) for such year.
``(C) Determination of adjusted gross income.--
Solely for purposes of determining the applicable
percentage under subsection (b) which applies with
respect to the amount treated as a qualified savings
contribution by reason of subparagraph (A), adjusted
gross income (determined without regard to this
subparagraph) shall be increased by the excess (if any)
of--
``(i) the social security benefits received
during the taxable year (within the meaning of
section 86), over
``(ii) the amount included in gross income
for such year under section 86.''.
(b) Conforming Amendments.--
(1) Section 25B of such Code is amended by striking
``qualified retirement savings'' each place it appears in the
text and inserting ``qualified savings''.
(2) The subsection heading for section 25B(d) of such Code
is amended by striking ``Retirement''.
(3) Subparagraph (A) of section 25B(d)(3) of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``paragraph (1)'' the first place
it appears and inserting ``paragraph (1) or (2)'', and
(B) by striking ``paragraph (1)'' the second place
it appears and inserting ``paragraph (1), or (2), as
the case may be,''.
(4) The heading for section 25B of such Code is amended by
striking ``and ira contributions'' and inserting ``, ira
contributions, and qualified tuition program contributions''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25B and inserting the following
new item:
``Sec. 25B. Elective deferrals, IRA contributions, and qualified
tuition program contributions by certain
individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2012, in taxable years
ending after such date.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO
QUALIFIED TUITION PROGRAMS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 127 the
following new section:
``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid by the employer as contributions to a qualified tuition
program held by the employee or spouse of the employee if the
contributions are made pursuant to a program which is described in
subsection (b).
``(b) Maximum Exclusion.--The amount excluded from the gross income
of an employee under this section for the taxable year shall not exceed
$600.
``(c) Qualified Tuition Assistance Program.--For purposes of this
section, a qualified tuition assistance program is a separate written
plan of an employer for the benefit of such employer's employees--
``(1) under which the employer makes matching contributions
to qualified tuition programs of--
``(A) such employees,
``(B) their spouses, or
``(C) any individual with respect to whom such an
employee or spouse--
``(i) is allowed a deduction under section
151, and
``(ii) has the power to authorize
distributions and otherwise administer such
individual's account under the qualified
tuition program, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), (4), (5), and (6) of section 127(b).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified tuition program.--The term `qualified
tuition program' means a qualified tuition program as defined
in section 529(b).
``(2) Employee and employer.--The terms `employee' and
`employer' shall have the meaning given such terms by
paragraphs (2) and (3), respectively, of section 127(c).
``(3) Applicable rules.--Rules similar to the rules of
paragraphs (4), (5), (6), and (7) of section 127(c) shall
apply.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2013, the $600 amount
contained in subsection (b)(1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2012' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(f) Cross Reference.--For reporting and recordkeeping
requirements, see section 6039D.''.
(b) Exclusion From Employment Taxes.--
(1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of
such Code are each amended by inserting ``127A,'' after
``127,'' each place it appears.
(2) Section 3231(e)(6) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1)
of such Code is amended by inserting ``127A,'' after ``127,''.
(d) Other Conforming Amendments.--
(1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such
Code are each amended by inserting ``127A,'' after ``127,''
each place it appears.
(2) Section 132(j)(8) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(3) Section 1397(a)(2)(A) of such Code is amended by
inserting at the end the following new clause:
``(iii) Any amount paid or incurred by an
employer which is excludable from the gross
income of an employee under section 127A, but
only to the extent paid or incurred to a person
not related to the employer.''.
(4) Section 209(a)(15) of the Social Security Act (42
U.S.C. 409(a)(15)) is amended by striking ``or 129'' and
inserting ``, 127A, or 129''.
(e) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 127 the following new item:
``Sec. 127A. Employer contributions to qualified tuition programs.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) allow a tax credit for contributions to qualified tuition plans; and (2) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a qualified tuition program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Surface Transportation
Policy and Planning Act of 2009''.
SEC. 2. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION POLICY AND
PLAN.
(a) In General.--Chapter 3 of title 49, United States Code, is
amended--
(1) by redesignating sections 304 through 309 as sections
307 through 312;
(2) by redesignating sections 303 and 303a as sections 305
and 306, respectively; and
(3) by inserting after section 302, the following:
``Sec. 303. National surface transportation policy
``(a) Policy.--It is the policy of the United States to develop a
comprehensive national surface transportation system that advances the
national interest and defense, interstate and foreign commerce, the
efficient and safe interstate mobility of people and goods, and the
protection of the environment. The system shall be built, maintained,
managed, and operated as a partnership between the Federal, State, and
local governments and the private sector and shall be coordinated with
the overall transportation system of the United States, including the
Nation's air, rail, pipeline, and water transportation systems. The
Secretary of Transportation shall be responsible for carrying out this
policy and for defining the Federal Government's role in the system.
``(b) Objectives.--The objectives of the policy shall be to
facilitate and advance--
``(1) the efficient connectivity of persons and goods
within and between nations, regions, States, and metropolitan
areas;
``(2) the safety and health of the public;
``(3) the security of the Nation and the public;
``(4) environmental protection and enhancement, including
the reduction of carbon-related emissions;
``(5) energy conservation and security, including reducing
transportation-related energy use;
``(6) international and interstate freight movement, trade
enhancement, job creation, and economic development;
``(7) responsible land use and sustainable development;
``(8) the preservation and adequate performance of system-
critical transportation assets, as defined by the Secretary;
``(9) reasonable access to the national surface
transportation system for all system users, including rural
communities;
``(10) sustainable, balanced, and adequate financing of the
national surface transportation system; and
``(11) innovation in transportation services,
infrastructure, and technology.
``(c) Goals.--
``(1) In general.--The goals of the policy shall be--
``(A) to reduce national per capita motor vehicle
miles traveled on an annual basis;
``(B) to reduce national motor vehicle-related
fatalities by 50 percent by 2030;
``(C) to reduce national surface transportation-
generated carbon dioxide levels by 40 percent by 2030;
``(D) to reduce national surface transportation
delays per capita on an annual basis;
``(E) to increase the percentage of system-critical
surface transportation assets, as defined by the
Secretary, that are in a state of good repair by 20
percent by 2030;
``(F) to increase the total usage of public
transportation, intercity passenger rail services, and
non-motorized transportation on an annual basis;
``(G) to increase the proportion of national
freight transportation provided by non-highway or
multimodal services by 10 percent by 2020;
``(H) to reduce passenger and freight
transportation delays and congestion at international
points of entry on an annual basis;
``(I) to ensure adequate transportation of domestic
energy supplies; and
``(J) to maintain or the reduce the percentage of
gross domestic product consumed by transportation
costs.
``(2) Baselines.--Within 1 year after the date of enactment
of the National Surface Transportation Policy and Planning Act
of 2009, the Secretary shall develop baselines for the goals
and shall determine appropriate methods of data collection to
measure the attainment of the goals.
``(d) Requirements.--The Secretary, consistent with the plan
developed under section 304 and notwithstanding any other provision of
law in effect as of the date of enactment of the National Surface
Transportation Policy and Planning Act of 2009, shall--
``(1) develop appropriate performance criteria and data
collections systems for each Federal surface transportation
program in order to evaluate:
``(A) whether such programs are consistent with the
policy, objectives, and goals established by this
section; and
``(B) how effective such programs are in
contributing to the achievement of the policy,
objectives, and goals established by this section;
``(2) using the criteria developed under paragraph (1),
annually evaluate each such program and provide the results to
the public;
``(3) based on the evaluation performed under paragraph
(2), make any necessary changes or improvements to such
programs to ensure such consistency and effectiveness;
``(4) align the availability and award of Federal surface
transportation funding to meet the policy, objectives, goals,
and performance criteria established by this section,
consistent with the evaluation performed under paragraph (2);
``(5) carry out this section in a manner that is consistent
with sections 302, 5503, 10101, and 13101 of this title and
section 101 of title 23 to the extent that such sections do not
conflict with the policy, objectives, and goals established by
this section;
``(6) review, update, and reissue all relevant surface
transportation planning requirements to ensure that such
requirements require that regional, State, and local surface
transportation planning efforts funded with Federal funds are
consistent with the policy, objectives, and goals established
by this section; and
``(7) require recipients of Federal surface transportation
funds to annually report on the use of such funds, including a
description of--
``(A) which projects and priorities were funded
with such funds;
``(B) the rationale and method employed for
apportioning such funds to the projects and priorities;
and
``(C) how the obligation of such funds is
consistent with or advances the policy, objectives, and
goals established by this section.
``(e) Authority.--
``(1) In general.--Notwithstanding any other provision of
law in effect as of the date of enactment of the National
Surface Transportation Policy and Planning Act of 2009, the
Secretary may, through a process of public notice and comment
and with reasonable prior notice to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
preceding any significant change, consistent with the public
interest, amend the goals under subsection (c) or develop
additional goals to effectively meet the policy and objectives
set forth in this section.
``(2) The Secretary may also make recommendations to those
Committees for reorganizing the Department of Transportation,
as necessary and consistent with the requirements of section
304(b)(6), in order to achieve the policy, objectives, and
goals established by this section.
``Sec. 304. National surface transportation performance plan
``(a) Development.--Within 2 years after the date of enactment of
the National Surface Transportation Policy and Planning Act of 2009,
the Secretary of Transportation shall develop and implement a National
Surface Transportation Performance Plan to achieve the policy,
objectives, and goals set forth in section 303.
``(b) Contents.--The plan shall include--
``(1) an assessment of the current performance of the
national surface transportation system and an analysis of the
system's ability to achieve the policy, objectives, and goals
set forth in section 303;
``(2) an analysis of emerging and long-term projected
trends that will impact the performance, needs, and uses of the
national surface transportation system;
``(3) a description of the major impediments to effectively
meeting the policy, objectives, and goals set forth in section
303 and recommended actions to address such impediments;
``(4) a comprehensive strategy and investment plan to meet
the policy, objectives, and goals set forth in section 303;
``(5) initiatives to improve transportation modeling,
research, data collection, and analysis; and
``(6) a plan for any reorganization of the Department of
Transportation or its agencies necessary to meet the policy,
objectives, and goals set forth in section 303.
``(c) Consultation.--In developing the plan required by subsection
(a), the Secretary shall--
``(1) consult with local, State, and tribal governments,
public and private transportation providers and carriers, non-
profit organizations representing transportation employees,
appropriate foreign governments, and other interested parties;
and
``(2) provide public notice and hearings and solicit public
comments on the plan.
``(d) Submittal.--The Secretary shall submit the completed plan to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
``(e) Progress Reports.--The Secretary shall submit biennial
progress reports on the implementation of the plan beginning 2 years
after the date of submittal of the plan under subsection (d) to the
Committees. The progress report shall--
``(1) describe progress made toward fully implementing the
plan and achieving the policies, objectives, and goals
established under section 303;
``(2) describe challenges and obstacles to full
implementation;
``(3) describe updates to the plan necessary to reflect
changed circumstances or new developments; and
``(4) make policy and legislative recommendations the
Secretary believes are necessary and appropriate to fully
implement the plan.
``(f) Data.--The Secretary shall have the authority to conduct
studies, gather information, and require the production of data
necessary to develop or update this plan, consistent with Federal
privacy standards.
``(g) Funding.--The Secretary may use such sums as may be necessary
from any funds provided to the Department of Transportation for surface
transportation programs for the purpose of completing and updating the
plan and developing and issuing the progress reports pursuant to this
section.''.
(b) Conforming Amendments.--
(1) Section 302(a) of title 49, United States Code, is
amended by striking ``10101 and 13101'' and inserting ``303,
10101, and 13101''.
(2) Section 308, as redesignated, of title 49, United
States Code, is amended by striking ``sections 301-304'' and
inserting ``sections 301 through 307''.
(3) The table of contents for chapter 3 of title 49, United
States Code, is amended--
(A) by redesignating the items relating to sections
303 through 309 as relating to sections 305 through
312; and
(B) by inserting after the item relating to section
302 the following:
``303. National surface transportation policy.
``304. National surface transportation performance plan.''. | Federal Surface Transportation Policy and Planning Act of 2009 - Declares it is U.S. policy to develop a national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment.
Sets forth certain U.S. policy objectives and goals, including to: (1) reduce national per capita motor vehicle miles traveled annually; (2) reduce national surface transportation-generated carbon dioxide levels by 40% by 2030; (3) reduce national surface transportation (including passenger and freight) delays and congestion at U.S. points of entry; (4) increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation; and (5) ensure adequate transportation of domestic energy supplies.
Directs the Secretary of Transportation to: (1) develop performance criteria and data collections systems to evaluate the effectiveness of federal surface transportation programs; (2) implement such programs to meet the policy, objectives, goals, and performance criteria established by this Act; and (3) develop and implement a National Surface Transportation Performance Plan.
Authorizes the Secretary to amend the goals established under this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Empowerment Act''.
SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.
(a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter X--Educational Empowerment Zones
``Sec. 1400E. Designation of educational
empowerment zones.
``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.
``(a) Designation.--
``(1) Educational empowerment zone.--For purposes of this
title, the term `educational empowerment zone' means any area--
``(A) which is nominated by one or more local
governments and the State or States in which it is
located for designation as an educational empowerment
zone (hereinafter in this section referred to as a
`nominated area'), and
``(B) which the Secretary of Health and Human
Services and the Secretary of Education (hereinafter in
this section referred to as the `Secretaries
concerned') jointly designate as an educational
empowerment zone.
``(2) Number of designations.--The Secretaries concerned
may designate not more than 30 nominated areas as educational
empowerment zones.
``(3) Areas designated based on degree of poverty, etc.--
Except as otherwise provided in this section, the nominated
areas designated as educational empowerment zones under this
subsection shall be those nominated areas with the highest
average ranking with respect to the criteria described in
subsection (c)(3). For purposes of the preceding sentence, an
area shall be ranked within each such criterion on the basis of
the amount by which the area exceeds such criterion, with the
area which exceeds such criterion by the greatest amount given
the highest ranking.
``(4) Limitation on designations.--
``(A) Publication of regulations.--The Secretaries
concerned shall prescribe by regulation no later than 4
months after the date of the enactment of this
section--
``(i) the procedures for nominating an area
under paragraph (1)(A),
``(ii) the parameters relating to the size
and population characteristics of an
educational empowerment zone, and
``(iii) the manner in which nominated areas
will be evaluated based on the criteria
specified in subsection (c).
``(B) Time limitations.--The Secretaries concerned
may designate nominated areas as educational
empowerment zones only during the 24-month period
beginning on the first day of the first month following
the month in which the regulations described in
subparagraph (A) are prescribed.
``(C) Procedural rules.--The Secretaries concerned
shall not make any designation of a nominated area as
an educational empowerment zone under paragraph (2)
unless--
``(i) a nomination regarding such area is
submitted in such a manner and in such form,
and contains such information, as the
Secretaries concerned shall by regulation
prescribe, and
``(ii) the Secretaries concerned determine
that any information furnished is reasonably
accurate.
``(5) Nomination process for indian reservations.--For
purposes of this subchapter, in the case of a nominated area on
an Indian reservation, the reservation governing body (as
determined by the Secretary of the Interior) shall be treated
as being both the State and local governments with respect to
such area.
``(b) Period for Which Designation Is in Effect.--Any designation
of an area as an educational empowerment zone shall remain in effect
during the period beginning on the date of the designation and ending
on the earliest of--
``(1) December 31, 2005,
``(2) the termination date designated by the State and
local governments in their nomination, or
``(3) the date the Secretaries concerned revoke such
designation.
``(c) Area and Eligibility Requirements.--
``(1) In general.--The Secretary of Commerce may designate
a nominated area as an educational empowerment zone under
subsection (a) only if the area meets the requirements of
paragraphs (2) and (3) of this subsection.
``(2) Area requirements.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph if--
``(A) the area is within the jurisdiction of one or
more local governments,
``(B) the boundary of the area is
continuous, and
``(C) the area does not include an
empowerment zone (as defined in section
1393(b)) other than such a zone designated
under section 1391(g).
``(3) Eligibility requirements.--For purposes of paragraph
(1), a nominated area meets the requirements of this paragraph
if the State and the local governments in which it is located
certify that the nominated area satisfies such conditions as
the Secretary of Education deems appropriate.
``(4) Consideration of dropout rate, etc.--The Secretary of
Education, in setting forth the conditions for eligibility
pursuant to paragraph (3), shall take into account the extent
to which an area has low-income families, a high dropout rate,
a high rate of teen pregnancy, and large school class sizes.
``(d) Coordination With Treatment of Enterprise Communities.--For
purposes of this title, if there are in effect with respect to the same
area both--
``(1) a designation as an educational empowerment zone, and
``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to
such area.
``(e) Definitions and Special Rules.--For purposes of this
subchapter, rules similar to the rules of paragraphs (2), (3), (5), and
(7) of section 1393 shall apply.''.
(b) Clerical Amendment.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:
``Subchapter X. Educational Empowerment
Zones.''
SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL
EMPOWERMENT ZONES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:
``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL
EMPOWERMENT ZONES.
``(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 amount of qualified educational empowerment zone
contributions made by the taxpayer during such year.
``(b) Maximum Credit.--The amount of the credit allowed by
subsection (a)--
``(1) in the case of an individual, shall not exceed
$2,000, and
``(2) in the case of any other taxpayer, shall not exceed
$10,000.
``(c) Definition of Qualified Educational Empowerment Zone
Contributions.--For purposes of this section, the term `qualified
educational empowerment zone contributions' means cash contributions
made to any school district located in an educational empowerment zone
(as designated under section 1400E) if such contributions--
``(1) but for subsection (d), would be allowable as a
deduction under section 170, and
``(2) are used for any of the following purposes by the
school district:
``(A) Hiring new teachers.
``(B) Increasing teacher salaries.
``(C) Training teachers.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution taken into account in computing
the credit under this section.
``(e) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.
``(f) Application With Other Credits; Carryover of Excess Credit.--
The credit allowed by subsection (a) for any taxable year shall not
exceed the excess (if any) of--
``(1) 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
``(2) the tentative minimum tax for the taxable year.
If the credit under subsection (a) exceeds the limitation of the
preceding sentence, such excess shall be added to the credit allowable
under subsection (a) for the succeeding 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
inserting after the item relating to section 30A the following new
item:
``Sec. 30B. Contributions to school
districts in educational
empowerment zones.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following new
section:
``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS.
``(a) Purpose.--It is the purpose of this section to encourage more
individuals to enter and stay in the field of teaching mathematics,
science, and related fields.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a program
of assuming the obligation to repay, pursuant to subsection
(c), a loan made, insured, or guaranteed under this part or
part D (excluding loans made under sections 428B and 428C or
comparable loans made under part D) for any new borrower after
October 1, 1998, who--
``(A) has been employed as a full-time teacher for
3 consecutive complete school years in a school that is
located in an educational empowerment zone, as such
term is defined in section 1400E of the Internal
Revenue Code of 1986;
``(B) is a fully qualified teacher; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis and subject to the
availability of appropriations.
``(B) Priority.--The Secretary shall give priority
in providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
``(3) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(c) Loan Repayment.--
``(1) Eligible amount.--The amount the Secretary may repay
on behalf of any individual under this section shall not
exceed--
``(A) 80 percent of the sum of the principal
amounts outstanding of the individual's qualifying
loans at the end of 3 consecutive complete school years
of service described in subsection (b)(1)(A);
``(B) an additional 10 percent of such sum at the
end of each of the next 2 consecutive complete school
years of such service; and
``(C) a total of more than $10,000.
``(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(4) Double benefits prohibited.--No borrower may, for the
same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a
reduction of loan obligations under both this section and
section 428J or 460.
``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing the required
number of years of qualifying employment.
``(3) Fully qualified teachers.--An application for loan
repayment under this section shall include such information as
is necessary to demonstrate that the applicant--
``(A) if teaching in a public elementary or
secondary school (other than as a teacher in a public
charter school), has obtained State certification as a
teacher (including certification obtained through
alternative routes to certification) or passed the
State teacher licensing exam and holds a license to
teach in such State; and
``(B) if teaching in--
``(i) an elementary school, holds a
bachelor's degree and demonstrates knowledge
and teaching skills in reading, writing,
mathematics, science, and other areas of the
elementary school curriculum; or
``(ii) a middle or secondary school, holds
a bachelor's degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through--
``(I) a high level of performance
on a rigorous State or local academic
subject areas test; or
``(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
``(f) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the program assisted under this section.
``(2) Competitive basis.--The grant or contract described
in subsection (b) shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall--
``(A) determine the number of individuals who were
encouraged by the program assisted under this section
to pursue teaching careers;
``(B) determine the number of individuals who
remain employed in teaching mathematics, science, or
related fields as a result of participation in the
program;
``(C) identify the barriers to the effectiveness of
the program;
``(D) assess the cost-effectiveness of the program;
and
``(E) identify the number of years each individual
participates in the program.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and the Congress such
interim reports regarding the evaluation described in this
subsection as the Secretary deems appropriate, and shall
prepare and so submit a final report regarding the evaluation
by January 1, 2004.''. | Establishes a teacher loan forgiveness program for mathematics and science teachers. | [
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] |
SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE APPLICANTS CERTAIN
MEDICAL TEST RESULTS.
(a) In General.--Except as provided in subsections (c) and (d), a
life or disability insurer who requires, as a condition for the sale of
a covered insurance product, that an applicant for the purchase of the
product submit to an examination or test by a physician, health
professional, or medical laboratory--
(1) shall require the physician, health professional, or
laboratory to provide the results to the insurer in the form of
a written report containing the findings of the physician,
professional, or laboratory, including the results of all
tests, diagnoses, and conclusions made; and
(2) shall mail, not later than 30 days after the date on
which the insurer receives such report, the report to the
applicant at an address provided for this purpose by the
applicant.
(b) Abnormal Finding.--In any case in which a life or disability
insurer mails a report to an applicant under subsection (a) that
contains a finding of abnormality or irregularity with respect to the
health or condition of the applicant, the insurer shall include with
the report a document that--
(1) highlights the abnormal or irregular finding in
language that is understandable to a person of average
intelligence with no medical training; and
(2) advises the applicant to consult with a suitable health
professional for further explanation and appropriate follow-up.
(c) Election To Receive Results through Physician.--An applicant
described in subsection (a) may elect to have the report described in
such subsection, and the document described in subsection (b), mailed
to a physician of the applicant's choice designated by the applicant
for such purpose, in lieu of having the report and document mailed to
the applicant. The election shall be effective in any case where the
applicant, before the date of the examination or test, submits to the
insurer an election form described in subsection (e)(1) that includes--
(1) a check-off box, marked by hand by the applicant,
showing the applicant's election to have the report and
document mailed to such physician;
(2) the applicant's signature; and
(3) the date on which the form was completed by the
applicant.
(d) Waiver by Applicant.--Subsections (a) and (b) shall not apply
where the applicant, before the date of the examination or test,
declines to receive the results by submitting to the insurer a waiver
form described in subsection (e)(1) that includes--
(1) a check-off box, marked by hand by the applicant,
showing the applicant's choice to waive the applicant's right
to receive any reports under subsection (a);
(2) the applicant's signature; and
(3) the date on which the form was completed by the
applicant.
(e) Requirements Relating to Forms.--
(1) Requirement to supply forms.--A life or disability
insurer described in subsection (a) shall furnish to an
applicant described in such subsection an election form,
sufficient for purposes of subsection (c), and a waiver form,
sufficient for purposes of subsection (d), at the same time the
insurer furnishes to the applicant the application for sale of
the covered product. The forms shall be distinct from, and not
a part of, such application.
(2) Copy.--A life or disability insurer described in
subsection (a) shall furnish to an applicant described in such
subsection a copy of an election form or a waiver form
submitted to the insurer by the applicant upon the insurer's
receipt of the form.
(3) Revocation.--An election under subsection (c), or a
waiver under subsection (d), may be revoked by the applicant at
any time, through a written or oral notification to the life or
disability insurer.
SEC. 2. PROHIBITION ON CERTAIN DISCLOSURES OF EXAMINATION RESULTS.
A life or disability insurer who requires, as a condition for the
sale of a covered insurance product, that an applicant for the purchase
of the product submit to an examination or test by a physician, health
professional, or medical laboratory may not disclose to any other
person, in any form, the results of such examination or test, except--
(1) as provided in section 1;
(2) pursuant to a valid and fully executed written
authorization for such disclosure--
(A) during the period specified by the
authorization, in the case of an authorization that
permits the disclosure to be made only during a period
that is shorter than the 2-year period beginning on the
date the authorization is executed by the applicant; or
(B) during 2-year period beginning on the date the
authorization is executed by the applicant, in the case
of any other authorization;
(3) pursuant to a court order, subpoena, warrant, or search
warrant, for use by a law enforcement agency in an official law
enforcement investigation or proceeding inquiring into a
violation of any civil or criminal law, and where such
disclosure is expressly required by an applicable law other
than this Act;
(4) where the disclosure is made to a public health
authority and is expressly required by an applicable law other
than this Act.
SEC. 3. CIVIL ACTION BY AGGRIEVED PERSON.
(a) In General.--Any person who is aggrieved by a violation of this
Act by a life or disability insurer may commence a civil action against
the insurer in an appropriate State court or district court of the
United States.
(b) Relief.--
(1) In general.--In an action under this section, if the
court finds that the defendant has failed to comply with this
Act, the aggrieved person may recover--
(A) statutory damages in an amount equal to $10,000
for each such violation;
(B) compensatory damages; and
(C) punitive damages.
(2) Attorney's fees.--In an action under this section, the
court, in its discretion, may allow a prevailing plaintiff,
other than the United States, a reasonable attorney's fee
(including expert fee) as part of the costs, and the United
States shall be liable for costs the same as a private person.
SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.
For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C.
1012(b); commonly known as the McCarran-Ferguson Act), this Act shall
be considered to specifically relate to the business of insurance.
SEC. 5. REGULATIONS.
The Secretary of Health and Human Services may issue regulations to
carry out this Act.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Applicant.--The term ``applicant'' means an individual
whose death or disability will be, or is, the subject of a
covered insurance product, upon the acceptance by the life or
disability insurer selling the product of the application for
the purchase of the product.
(2) Covered insurance product.--The term ``covered
insurance product'' means--
(A) a life insurance policy or contract, or
benefits under such a policy or contract; or
(B) a disability insurance policy or contract, or
benefits under such a policy or contract.
(3) Disclose.--The term ``disclose'', means to release,
transfer, provide access to, or otherwise divulge the
information to any person other than an individual who is the
subject of the information. Such term includes the placement of
information into a computerized data base, networked computer
system, or any other electronic or magnetic data system, that
more than one person may access by any means.
(4) Life or disability insurer.--The term ``life or
disability insurer'' means--
(A) a person doing business in interstate commerce
who is licensed or certified by a State to provide a
covered insurance product; or
(B) a person who acts as an agent of a person
described in subparagraph (A) with respect to the sale
of a covered insurance product.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on July 1, 1998. | Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results. Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law. Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Adopted Children Equality
Act'' or the ``FACE Act''.
SEC. 2. CITIZENSHIP FOR CHILDREN ADOPTED FROM OUTSIDE THE UNITED
STATES.
(a) In General.--Section 320(b) of the Immigration and Nationality
Act (8 U.S.C. 1431(b)) is amended to read as follows:
``(b) Citizenship for Children Adopted From Outside the United
States.--
``(1) In general.--A child born outside the United States
automatically becomes a citizen of the United States if the
Secretary of State is satisfied that all of the following
conditions are met:
``(A) The child is adopted by a parent who is a
citizen of the United States.
``(B) The child is younger than 18 years of age.
``(C) It is determined that each adopting parent is
eligible and suitable to adopt the child, including
determining that the parent is able to support the
child and has undergone an appropriate criminal
background check.
``(D) Prior to the adoption, the child was an
unmarried individual younger than 18 years of age--
``(i)(I) whose biological parents (or
parent, in the case of an individual who has 1
sole or surviving parent) or other person or
institution that retains legal custody of the
individual--
``(aa) have freely given their
written irrevocable consent to the
termination of their legal relationship
with the individual, and to the
individual's emigration and adoption
and that such consent has not been
induced by payment or compensation of
any kind and has not been given prior
to the birth of the individual;
``(bb) are unable to provide proper
care for the individual, as determined
by the competent authority of the
individual's residence; or
``(cc) have voluntarily
relinquished the individual to the
competent authorities pursuant to the
law of the individual's residence; or
``(II) who, as determined by the competent
authority of the individual's residence--
``(aa) has been abandoned or
deserted by the individual's biological
parents or legal guardian; or
``(bb) has been orphaned due to the
death or disappearance of the
individual's biological parents or
legal guardian; and
``(ii) with respect to whom the Secretary
of State--
``(I) is satisfied that the proper
care will be furnished the individual
if admitted to the United States;
``(II) is satisfied that the
purpose of the adoption is to form a
bona fide parent-child relationship and
that the parent-child relationship of
the individual and the biological
parents has been terminated (and in
carrying out both obligations under
this subparagraph, the Secretary of
State, in consultation with the
Secretary of Homeland Security, may
consider whether there is a petition
pending to confer immigrant status on 1
or both of the biological parents);
``(III) is satisfied that there has
been no inducement, financial or
otherwise, offered to obtain the
consent nor was it given before the
birth of the individual; and
``(IV) in consultation with the
Secretary of Homeland Security, is
satisfied that the individual is not a
security risk.
``(2) Citizenship from birth.--An individual who becomes a
citizen of the United States pursuant to paragraph (1) shall be
deemed to have been a citizen of the United States at birth and
shall be issued a United States Consular Report of Birth.
``(3) Special rule for adoptees who are older than 18 years
of age.--
``(A) In general.--A person described in
subparagraph (B) shall be deemed to have been a citizen
of the United States at birth after the approval of an
application filed within the United States or with a
United States Embassy.
``(B) Person described.--A person described in this
clause is a person who--
``(i) is older than 18 years of age;
``(ii) was born outside the United States
and was adopted by a parent who is a citizen of
the United States before the date on which the
person reached 18 years of age; and
``(iii) was described in subparagraph (E),
(F), or (G) of section 101(b)(1).
``(4) No liability for prior taxes.--An individual who
becomes a citizen of the United States pursuant to paragraph
(1) or (3) may not be liable for any taxes that the individual
would have paid to the United States as a citizen of the United
States before the date on which the individual becomes such a
citizen.''.
(b) Conforming Amendments.--
(1) Heading.--The heading of section 320 of the Immigration
and Nationality Act (8 U.S.C. 1431) is amended to read as
follows:
``children born outside the united states; conditions under which
citizenship is acquired''.
(2) Section 301 of the immigration and nationality act.--
Section 301 of the Immigration and Nationality Act (8 U.S.C.
1401) is amended--
(A) in subsection (g), by striking ``and'' at the
end;
(B) in subsection (h), by striking the period at
the end, inserting a semicolon and ``and''; and
(C) by adding at the end the following:
``(i) a person deemed a citizen at birth pursuant to section
320(b).''.
(c) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by striking the item relating to section
320 and inserting the following:
``Sec. 320. Children born outside the United States; conditions under
which citizenship acquired.''.
SEC. 3. NONIMMIGRANT STATUS FOR CHILDREN BROUGHT TO THE UNITED STATES
TO BE ADOPTED.
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(W) an individual brought to the United States as
a child to be adopted by a citizen of the United
States.''.
SEC. 4. APPEAL OF NOTICE OF INTENT TO DENY AN ADOPTION.
(a) Requirement To Provide Opportunity To Appeal.--If the Secretary
of State determines that a covered individual is not eligible to be
adopted by a citizen or national of the United States on the basis that
the conditions described in subsection (c) are not met, the Secretary
shall provide--
(1) a notice of intent to deny the adoption of the child to
such citizen or national of the United States; and
(2) an opportunity for such citizen or national to appeal
the determination.
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who--
(1) is younger than 18 years of age;
(2) was born in a foreign country; and
(3) is seeking to be adopted by a parent who is a citizen
or national of the United States.
(c) Conditions for Adoption.--The conditions described in this
subsection are met if--
(1) the covered individual's biological parents (or parent,
in the case of an individual who has 1 sole or surviving
parent) or other person or institution that retains legal
custody of the covered individual--
(A) have freely given their written irrevocable
consent to the termination of their legal relationship
with the individual, and to the individual's emigration
and adoption and that such consent has not been induced
by payment or compensation of any kind and has not been
given prior to the birth of the individual;
(B) are unable to provide proper care for the
individual, as determined by the competent authority in
the country of the individual's residence; or
(C) have voluntarily relinquished the individual to
the competent authorities pursuant to the law of the
country of the individual's residence; or
(2) the covered individual, as determined by the competent
authority in the country of the individual's residence--
(A) has been abandoned or deserted by the
individual's biological parents or legal guardian; or
(B) has been orphaned due to the death or
disappearance of the individual's biological parents or
legal guardian.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendment made by this Act, may be
construed to--
(1) abrogate any citizenship rights provided to an adoptee
by the adoptee's country of origin; or
(2) nullify the facts of the adoptee's birth history.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the government of each foreign
country from which children are adopted by citizens of the United
States should provide documentation of the adopted children's original
birth history to the adoptive family in accordance with the laws of
such country. | Foreign Adopted Children Equality Act or the FACE Act - Amends the Immigration and Nationality Act to set forth automatic citizenship criteria for a child adopted outside the United States by a U.S. citizen parent.
Deems such an adopted child to be a U.S. citizen at birth.
Deems to be a U.S. citizen at birth, after the approval of an application filed within the United States or with a U.S. Embassy, a person who: (1) is older than 18 years of age; (2) was born outside the United States and was adopted by a U.S. citizen parent before such person reached 18 years of age; and (3) was adopted under 16 years of age and has lived with the adoptive parents for at least two years, was abused, or is an orphan who was under 16 years of age at the time an immediate relative status petition was filed on his or her behalf.
Includes within the definition of nonimmigrant an individual brought to the United States as a child to be adopted by a U.S. citizen.
Expresses the sense of Congress that the government of each foreign country from which children are adopted by U.S. citizens should provide the adoptive family with birth history documentation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Children Opportunity Act''.
SEC. 2. STATE PLAN REQUIREMENT TO HAVE PROCEDURES TO HELP ALIEN
CHILDREN IN THE CHILD WELFARE SYSTEM ACHIEVE SPECIAL
IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT
STATUS.
Sect. 471(a)(27) of the Social Security Act (42 U.S.C. 671(a)(27))
is amended by inserting ``, and if the child is an alien without a
lawful immigration status, for reviewing the child's eligibility for
special immigrant juvenile status, lawful permanent resident status,
and other forms of relief under immigration law, within 1 year after
the status of the child is first reviewed pursuant to section
475(5)(B), and annually thereafter, and for assisting the child in
applying for special immigrant juvenile status, lawful permanent
resident status, and other forms of relief under immigration law, so
that the child can reasonably be expected to achieve such relief before
exiting foster care, if doing so would be in the best interests of the
child'' before the period.
SEC. 3. REQUIREMENT THAT STATE CHILD WELFARE AGENCIES DOCUMENT THEIR
EFFORTS TO PURSUE LAWFUL IMMIGRANT STATUS FOR ELIGIBLE
ALIEN FOSTER CHILDREN.
Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is
amended by adding at the end the following:
``(H) In the case of an alien child who, after a
review conducted pursuant to section 471(a)(27), is
determined to be a child who may qualify for special
immigrant juvenile status, lawful permanent resident
status, or other forms of relief under immigration law,
documentation of the steps the agency is taking in
assisting the child to obtain the status before exiting
foster care, including whether the requisite petitions
have been filed on behalf of the child, and whether
assistance has been provided to secure immigration
legal counsel for the child.''.
SEC. 4. REQUIRMENT TO DETERMINE WHETHER FILING PETITIONS FOR SPECIAL
IMMIGRANT JUVENILE STATUS AND LAWFUL PERMANENT RESIDENT
STATUS FOR ALIEN FOSTER CHILDREN IS IN THE CHILD'S BEST
INTEREST IN APPROPRIATE CASES.
Section 475(5)(C)(i) of the Social Security Act (42 U.S.C.
675(5)(C)(i)) is amended by inserting ``, and, in the case of an alien
child without lawful immigration status, the hearing shall determine
whether a petition for special immigrant juvenile status or lawful
permanent resident status has been filed on behalf of the child and, if
such a petition has not been so filed, whether it is in the best
interests of the child, including consideration of the potential
effects on family reunification efforts, to have such a petition so
filed or to have immigration counsel appointed'' before the semicolon
at the end.
SEC. 5. AUTHORITY TO USE COURT IMPROVEMENT PROGRAM GRANT FUNDS TO
EDUCATE AND TRAIN CHILD WELFARE AND COURT STAFF,
INCLUDING JUDGES, SOCIAL WORKERS, COURT-APPOINTED SPECIAL
ADVOCATES, AND LAWYERS TO ASSIST ALIEN CHILDREN IN
ACHIEVING SPECIAL IMMIGRANT JUVENILE STATUS, LAWFUL
PERMANENT RESIDENT STATUS, AND OTHER FORMS OF RELIEF
UNDER IMMIGRATION LAW.
Section 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2))
is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by adding ``and'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) to educate and train child welfare and court
staff, including judges, social workers, court-
appointed special advocates, and attorneys to assist
alien children in achieving special immigrant juvenile
status, lawful permanent resident status, and other
forms of relief under immigration law in a timely
manner;''.
SEC. 6. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES.
On request of a State child welfare agency for technical assistance
in carrying out the amendments made by this Act, the Secretary of
Health and Human Services, in consultation with the Secretary of
Homeland Security and the Secretary of State, shall provide the
assistance, and may award grants to and enter into contracts with
qualified non-profit or other community-based service providers with
substantive expertise to perform the assistance.
SEC. 7. ELIGIBILITY FOR ASSISTANCE.
(a) Public Benefits.--
(1) Federal means-tested public benefits.--Section 403(b)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by
adding at the end the following:
``(3) Exception for individuals who have obtained special
immigrant juvenile status.--An alien who is granted special
immigrant juvenile status under section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)).''.
(2) Other federal programs.--Section 402 of such Act (8
U.S.C. 1612) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(N) Exception for individuals who have obtained
special immigrant juvenile status.--With respect to
eligibility for benefits for the specified Federal
programs described in paragraph (3), paragraph (1)
shall not apply to any alien who is granted special
immigrant juvenile status under section 101(a)(27)(J)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)).''; and
(B) in subsection (b)(2), by adding at the end the
following:
``(G) Exception for individuals who have obtained
special immigrant juvenile status.--An alien who is
granted special immigrant juvenile status under section
101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)).''.
(b) State Reimbursement.--Section 472(a)(4) of the Social Security
Act (42 U.S.C. 672(a)(4)) is amended by inserting ``, and if the child
is an alien who has obtained special immigrant juvenile status under
section 101(a)(27)(J) of the Immigration and Nationality Act and would
have been qualified to receive aid under the State plan approved under
section 402 of this Act in or for the month in which the agreement
described in paragraph (2)(A)(i) of this subsection was entered into or
court proceedings leading to the determination described in paragraph
(2)(A)(ii) of this subsection were initiated if the child had been a
United States citizen, the child shall be considered to satisfy the
requirements of paragraph (3) with respect to the month'' before the
period.
SEC. 8. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act, other than by
section 7, shall take effect on the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the Social
Security Act for quarters beginning on or after such date.
(b) Delay Permitted if State Legislation Required.--In the case of
a State plan approved under part E of title IV 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 requirements imposed by
this Act, the State plan shall not be regarded as failing to comply
with the requirements of such part solely on the basis of the failure
of the plan to meet such additional requirements before the 1st day of
the 1st calendar quarter beginning after the close of the 1st regular
session of the State legislature that ends after the 1-year period
beginning with the date of the enactment of this Act. For purposes of
the preceding sentence, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature. | Foster Children Opportunity Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to have procedures to assist alien children in the child welfare system achieve special immigrant juvenile status and lawful permanent resident status before exiting foster care.
Requires case plans to include documentation of the steps the state child welfare agency is taking in assisting children obtain lawful immigrant status before exiting foster care.
Requires a permanency hearing to determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of an alien foster child and, if it has not been filed, whether it is in the child's best interest to have such a petition filed or to have immigration counsel appointed.
Authorizes the use of court improvement program grant funds to educate and train child welfare and court staff to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law.
Requires the Secretary of Health and Human Services (HHS), on the request of a child welfare agency, to provide technical assistance in carrying out this Act. Authorizes the Secretary to award grants to and contract with qualified non-profit or other community-based service providers to perform the assistance.
Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make an exception to the five-year limited eligibility of qualified aliens for federal means-tested public benefits for individuals who have obtained special immigrant juvenile status.
Makes a similar exception for such individuals with respect to the limited eligibility of qualified aliens for certain Federal programs. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Choice Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States was founded on the principles of
individual liberty, personal privacy, and equality. Such
principles ensure that each individual is free to make the most
intimate decisions free from governmental interference and
discrimination.
(2) A woman's decision to commence, prevent, continue, or
terminate a pregnancy is one of the most intimate decisions an
individual ever faces. As such, reproductive health decisions
are best made by the woman, in consultation with her medical
provider or loved ones, without governmental interference.
(3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and
in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410
U.S. 179), the Supreme Court recognized the right to privacy
protected by the Constitution and that such right encompassed
the right of every woman to weigh the personal, moral, and
religious considerations involved in deciding whether to
commence, prevent, continue, or terminate a pregnancy.
(4) The Roe v. Wade decision carefully balanced the rights
of women to make important reproductive decisions with the
state's interest in potential life. Under Roe v. Wade and Doe
v. Bolton, a woman's right to choose to terminate her pregnancy
is absolute only prior to fetal viability, with the state
permitted to ban abortion after fetal viability except when
necessary to protect the life or health of a woman.
(5) These decisions have protected the health and lives of
women in the United States. Prior to the Roe v. Wade decision,
an estimated 1,200,000 women each year were forced to resort to
illegal abortions, despite the known hazards that included
unsanitary conditions, incompetent treatment, infection,
hemorrhage, disfiguration, and death.
(6) According to one estimate, prior to 1973, as many as
5,000 women died each year in the United States as a result of
having an illegal abortion.
(7) In countries where abortion remains illegal, the risk
of complications and maternal mortality is high. According to
the World Health Organization, of the approximately 600,000
pregnancy-related deaths occurring annually around the world,
80,000 are associated with unsafe abortions.
(8) The Roe v. Wade decision expanded the opportunities for
women to participate equally in society. In 1992, in Planned
Parenthood v. Casey (505 U.S. 833), the Supreme Court observed
that, ``[t]he ability of women to participate equally in the
economic and social life of the Nation has been facilitated by
their ability to control their reproductive lives.''.
(9) Even though the Roe v. Wade decision guaranteed a
constitutional right to choose whether to terminate or continue
a pregnancy, threats to that right remain, including possible
reversal or further erosion by the Supreme Court of the right,
and legislative and administrative policies at all levels of
government that make abortion more difficult and dangerous to
obtain.
(10) 87 percent of the counties in the United States have
no abortion provider.
(11) Legal barriers to the full range of reproductive
services endanger the health and lives of women.
(12) Women should have meaningful access to reproductive
health services to prevent unintended pregnancies, thereby
reducing the need for abortions.
(13) To ensure that a woman's right to choose whether to
terminate a pregnancy is available to all women in the United
States, Federal protection for that right is necessary.
(14) Although Congress may not create constitutional rights
without amending the Constitution, Congress may, where
authorized by its enumerated powers and not prohibited by the
Constitution, enact legislation to create and secure statutory
rights in areas of legitimate national concern.
(15) Congress has the affirmative power under section 8 of
article I of the Constitution and section 5 of the 14th
amendment to the Constitution to enact legislation to
facilitate interstate commerce and to prevent State
interference with interstate commerce, liberty, or equal
protection of the laws.
(16) Federal protection of a woman's right to choose to
prevent or terminate a pregnancy falls within this affirmative
power of Congress, in part, because--
(A) many women cross State lines to obtain
abortions and many more would be forced to do so absent
a constitutional right or Federal protection;
(B) reproductive health clinics are commercial
actors that regularly purchase medicine, medical
equipment, and other necessary supplies from out-of-
State suppliers; and
(C) reproductive health clinics employ doctors,
nurses, and other personnel who travel across State
lines in order to provide reproductive health services
to patients.
SEC. 3. DEFINITIONS.
In this Act:
(1) Government.--The term ``government'' includes a branch,
department, agency, instrumentality, or official (or other
individual acting under color of law) of the United States, a
State, or a subdivision of a State.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each territory or possession of the United States.
(3) Viability.--The term ``viability'' means that stage of
pregnancy when, in the best medical judgment of the attending
physician based on the particular medical facts of the case
before the physician, there is a reasonable likelihood of the
sustained survival of the fetus outside of the woman.
SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.
(a) Statement of Policy.--It is the policy of the United States
that every woman has the fundamental right to choose to bear a child,
to terminate a pregnancy prior to fetal viability, or to terminate a
pregnancy after fetal viability when necessary to protect the life or
health of the woman.
(b) Prohibition of Interference.--A government may not--
(1) deny or interfere with a woman's right to choose--
(A) to bear a child;
(B) to terminate a pregnancy prior to viability; or
(C) to terminate a pregnancy after viability where
termination is necessary to protect the life or health
of the woman; or
(2) discriminate against the exercise of the rights set
forth in paragraph (1) in the regulation or provision of
benefits, facilities, services, or information.
(c) Civil Action.--An individual aggrieved by a violation of this
section may obtain appropriate relief (including relief against a
government) in a civil action.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, or the application of such provision to persons
or circumstances other than those as to which the provision is held to
be unconstitutional, shall not be affected thereby.
SEC. 6. RETROACTIVE EFFECT.
This Act applies to every Federal, State, and local statute,
ordinance, regulation, administrative order, decision, policy,
practice, or other action enacted, adopted, or implemented before, on,
or after the date of enactment of this Act. | Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate it after fetal viability when necessary to protect her life or her health.
Prohibits a governmental entity from : (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in its regulation or provision of benefits, facilities, services, or information.
Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity in a civil action.
States that this Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``TSA Office of Inspection
Accountability Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Consistent with Federal law and regulations, for law
enforcement officers to qualify for premium pay as criminal
investigators, the officers must, in general, spend on average
at least 50 percent of their time investigating, apprehending,
or detaining individuals suspected or convicted of offenses
against the criminal laws of the United States.
(2) According to the Inspector General of the Department of
Homeland Security (DHS IG), the Transportation Security
Administration (TSA) does not ensure that its cadre of criminal
investigators in the Office of Inspection are meeting this
requirement, even though they are considered law enforcement
officers under TSA policy and receive premium pay.
(3) Instead, TSA criminal investigators in the Office of
Inspection primarily monitor the results of criminal
investigations conducted by other agencies, investigate
administrative cases of TSA employee misconduct, and carry out
inspections, covert tests, and internal reviews, which the DHS
IG asserts could be performed by employees other than criminal
investigators at a lower cost.
(4) The premium pay and other benefits afforded to TSA
criminal investigators in the Office of Inspection who are
incorrectly classified as such will cost the taxpayer as much
as $17,000,000 over 5 years if TSA fails to make any changes to
the number of criminal investigators in the Office of
Inspection, according to the DHS IG.
(5) This may be a conservative estimate, as it accounts for
the cost of Law Enforcement Availability Pay, but not the costs
of law enforcement training, statutory early retirement
benefits, police vehicles, and weapons.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Homeland Security
(Transportation Security) of the Department of Homeland
Security.
(3) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of Homeland
Security.
SEC. 4. INSPECTOR GENERAL REVIEW.
(a) Review.--Not later than 60 days after the date of the enactment
of this Act, the Inspector General shall analyze the data and methods
that the Assistant Secretary uses to identify employees of the
Administration who meet the requirements of sections 8331(20),
8401(17), and 5545a of title 5, United States Code, and provide the
relevant findings to the Assistant Secretary, including a finding on
whether the data and methods are adequate and valid.
(b) Prohibition on Hiring.--If the Inspector General finds that
such data and methods are inadequate or invalid, the Administration may
not hire any new employee to work in the Office of Inspection of the
Administration until--
(1) the Assistant Secretary makes a certification described
in section 5 to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Inspector General submits to such Committees a
finding, not later than 30 days after the Assistant Secretary
makes such certification, that the Assistant Secretary utilized
adequate and valid data and methods to make such certification.
SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFICATION.
(a) Certification to Congress.--The Assistant Secretary shall, by
not later than 90 days after the date the Inspector General provides
its findings to the Assistant Secretary under section 4(a), document
and certify in writing to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that only those employees of the
Administration who meet the requirements of sections 8331(20),
8401(17), and 5545a of title 5, United States Code, are classified as
criminal investigators and are receiving premium pay and other benefits
associated with such classification.
(b) Employee Reclassification.--The Assistant Secretary shall
reclassify criminal investigator positions in the Office of Inspection
as noncriminal investigator positions or non-law enforcement positions
if the individuals in those positions do not, or are not expected to,
spend an average of at least 50 percent of their time performing
criminal investigative duties.
(c) Projected Cost Savings.--
(1) In general.--The Assistant Secretary shall estimate the
total long-term cost savings to the Federal Government
resulting from the implementation of subsection (b), and
provide such estimate to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate by not later than 180
days after the date of enactment of this Act.
(2) Contents.--Such estimate shall identify savings
associated with the positions reclassified under subsection (b)
and include, among other factors the Assistant Secretary
considers appropriate, savings from--
(A) law enforcement training;
(B) early retirement benefits;
(C) law enforcement availability pay; and
(D) weapons, vehicles, and communications devices.
SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERVICE USE OF FEDERAL
FIREARMS LICENSE.
Not later than 90 days after the date of the enactment of this Act,
or as soon as practicable, the Assistant Secretary shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate--
(1) any materials in the possession or control of the
Department of Homeland Security associated with the Office of
Inspection's review of the use of a Federal firearms license by
Federal Air Marshal Service officials to obtain discounted or
free firearms for personal use; and
(2) information on specific actions that will be taken to
prevent Federal Air Marshal Service officials from using a
Federal firearms license, or exploiting, in any way, the
Service's relationships with private vendors to obtain
discounted or free firearms for personal use.
Passed the House of Representatives July 22, 2014.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on July 3, 2014. TSA Office of Inspection Accountability Act of 2014 - (Sec. 4) Directs the Inspector General of the Department of Homeland Security (DHS) to: (1) analyze the data and methods that the Assistant Secretary of Homeland Security (Transportation Security) uses to identify Transportation Security Administration (TSA) law enforcement officer and criminal investigators; and (2) provide relevant findings to the Assistant Secretary, including regarding whether the data and methods are adequate and valid. Prohibits TSA from hiring any new employee to work in its Office of Inspection if the Inspector General finds that such data and methods are inadequate or invalid, until: (1) the Assistant Secretary makes a certification to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation that only TSA employees who meet such requirements are classified as criminal investigators and are receiving premium pay and other benefits associated with such classification; and (2) the Inspector General submits a finding that the Assistant Secretary utilized adequate and valid data and methods to make such certification. (Sec. 5) Directs the Assistant Secretary to: (1) reclassify criminal investigator positions in the Office of Inspection as noncriminal investigator positions or non-law enforcement positions if the individuals in those positions do not, or are not expected to, spend an average of at least 50% of their time performing criminal investigative duties; and (2) estimate the total long-term cost savings to the federal government resulting from such reclassification and provide such estimate to such committees. Requires such estimate to identify savings associated with the positions reclassified, including savings from: law enforcement training, early retirement benefits, law enforcement availability pay, weapons, vehicles, and communications devices. (Sec. 6) Directs the Assistant Secretary to submit to such committees: (1) any materials in the possession or control of DHS associated with the Office of Inspection's review of the use of a federal firearms license by Federal Air Marshal Service officials to obtain discounted or free firearms for personal use; and (2) information on specific actions that will be taken to prevent Service officials from using a federal firearms license, or exploiting the Service's relationships with private vendors, to obtain discounted or free firearms for personal use. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Mortgage Modifications
Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mortgage modifications often afford the best
opportunity to avoid foreclosures and provide long term,
sustainable solutions for American homeowners;
(2) reaching mortgage modification agreements with
homeowners has been unacceptably slow and foreclosure rates
continue to rise, with the number of homeowners forced into
foreclosure double the number who receive modifications or
repayment plans;
(3) servicers have an obligation to protect the interests
of investors when determining whether to offer a modification
or repayment plan;
(4) the best course of action for the investor pool as a
whole may disadvantage the interests of individual classes of
investors;
(5) servicers have expressed concern that investor classes
that are disproportionately disadvantaged by a modification or
repayment plan may seek to hold the servicer liable;
(6) without liability protection, many servicers will not
be willing to take on the risk associated with approving a
mortgage modification or repayment plan, and instead, they will
eventually pursue foreclosure even though foreclosure costs can
equal 50 percent or more of mortgage value; and
(7) the net present value of a modified mortgage loan will
almost always exceed the amount recouped by allowing the home
to go into foreclosure.
SEC. 3. LEGAL SAFE HARBOR FOR ENTERING INTO CERTAIN LOAN MODIFICATIONS
OR WORKOUT PLANS.
Section 6 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605) is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Duty of Servicers Regarding Certain Loan Modifications or
Workout Plans.--
``(1) In general.--Notwithstanding any other provision of
law, absent specific contractual provisions to the contrary, a
servicer of pooled qualified residential mortgages--
``(A) owes any duty to determine if the net present
value of the payments on the loan, as modified, is
likely to be greater than the anticipated net recovery
that would result from foreclosure to all investors and
parties having a direct or indirect interest in the
pooled loans or securitization vehicle, but not to any
individual party or group of parties; and
``(B) acts in the best interests of all such
investors and parties, if the servicer agrees to or
implements a qualified loan modification or workout
plan for a qualified residential mortgage, or if, and
only if, such efforts are unsuccessful or infeasible,
takes other reasonable loss mitigation actions,
including accepting partial payments or short sale of
the property; and
``(C) if the servicer acts in a manner consistent
with the duty set forth in subparagraphs (A) and (B),
shall not be liable under any law or regulation of the
United States, any State or any political subdivision
of any State, for entering into a qualified loan
modification or workout plan in any action filed by or
on behalf of any person--
``(i) based on the person's ownership of
any interest in a residential mortgage, a pool
of residential mortgage loans, or a
securitization vehicle, that distributes
payments out of the principal, interest, or
other payment on loans in the pool;
``(ii) based on the person's obligation to
make payments determined in reference to any
loan or interest referred to in clause (i); or
``(iii) based on the person's obligation to
insure any loan or any interest referred to in
clause (i).
``(2) Definitions.--As used in this subsection--
``(A) the term `qualified loan modification or
workout plan' means a contract, modification, or plan
relating to a qualified residential mortgage loan
consummated on or after January 1, 2004, with respect
to which--
``(i) payment default on the loan or loans
has occurred, is imminent, or is reasonably
foreseeable;
``(ii) the dwelling securing the loan or
loans is the primary residence of the owner;
``(iii) the servicer reasonably believes
that the anticipated recovery under the loan
modification or workout plan will exceed the
anticipated recovery through foreclosure, on a
net present value basis;
``(iv) the effective period runs for at
least 5 years from the date of adoption of the
plan, or until the borrower sells or refinances
the property, if that occurs earlier; and
``(v) the borrower is not required to pay
additional fees to the servicer;
``(B) the term `qualified residential mortgage'
means a consumer credit transaction or loan that is
secured by the consumer's principal dwelling;
``(C) the term `securitization vehicle' means a
trust, corporation, partnership, limited liability
entity, special purpose entity, or other structure that
is the issuer, or is created by the issuer, of mortgage
pass-through certificates, participation certificates,
mortgage-backed securities, or other similar securities
backed by a pool of assets that includes residential
mortgage loans; and
``(D) the term `servicer'--
``(i) means the person responsible for
servicing of a loan (including the person who
makes or holds a loan, if such person also
services the loan); and
``(ii) includes the entities listed in
subparagraphs (A) and (B) of subsection (j)(2).
``(3) Effective period.--This subsection shall apply only
with respect to qualified loan modification or workout plans
initiated during the 6-month period beginning on the date of
enactment of this subsection.
``(4) Rule of construction.--Nothing in this subsection may
be construed to limit the ability of a servicer to enter into a
loan modification or workout plan other than a qualified loan
modification or workout plan covered by this subsection.''. | Encouraging Mortgage Modifications Act of 2008 - Amends the Real Estate Settlement Procedures Act of 1974 to set forth duties of mortgage servicers regarding certain loan modifications or workout plans that affect pooled qualified residential mortgages.
Specifies among such duties the duty to: (1) determine if the net present value of the payments on the modified loan is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and parties having a direct or indirect interest in the pooled loans or securitization vehicle; and (2) act in the best interests of all such investors and parties, if the servicer agrees to or implements a qualified loan modification or workout plan for a qualified residential mortgage, or takes other reasonable loss mitigation actions, including accepting partial payments or short sale of the property, if such efforts are unsuccessful or infeasible.
Shields from liability a servicer who enters into a qualified loan modification or workout plan if the servicer acts in a manner consistent with such duties. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Relief Act of
2007''.
SEC. 2. WORK OPPORTUNITY CREDIT MADE PERMANENT.
(a) In General.--Subsection (c) of section 51 of the Internal
Revenue Code of 1986 is amended by striking paragraph (4).
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred to individuals who begin work for the
employer after the date of the enactment of this Act.
SEC. 3. NEW MARKETS TAX CREDIT MADE PERMANENT.
(a) In General.--Subparagraph (D) of section 45D(f)(1) of the
Internal Revenue Code of 1986 (relating to national limitation on
amount of investments designated) is amended by striking ``for 2006,
2007, and 2008'' and inserting ``for 2006 and each calendar year
thereafter''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY AND QUALIFIED
RESTAURANT PROPERTY TREATED AS 15-YEAR PROPERTY.
(a) In General.--Clauses (iv) and (v) of section 168(e)(3)(E) of
the Internal Revenue Code of 1986 are each amended by striking ``placed
in service before January 1, 2008''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2007.
SEC. 5. RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by striking subsection (h).
(b) Conforming Amendment.--Section 45C(b)(1) of such Code (relating
to qualified clinical testing expenses) is amended by striking
subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2007.
SEC. 6. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.
(a) In General.--Section 198 is amended by striking subsection (h).
(b) Effective Date.--The amendment made by this section shall apply
to expenditures paid or incurred after December 31, 2007.
SEC. 7. INCREASE IN EXCLUSION OF GAIN FROM QUALIFIED SMALL BUSINESS
STOCK.
(a) In General.--Paragraph (1) of section 1202(a) of the Internal
Revenue Code of 1986 is amended by striking ``50 percent'' and
inserting ``62.5 percent''.
(b) Empowerment Zone Businesses.--Subparagraph (A) of section
1202(a)(2) is amended--
(1) by striking ``60 percent'' and inserting ``75
percent'', and
(2) by striking ``50 percent'' and inserting ``62.5
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to sales or exchanges of qualified small business stock in
taxable years beginning after the date of the enactment of this Act.
SEC. 8. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A
MONTH FROM APRIL TO NOVEMBER.
(a) In General.--Part I of subchapter E of chapter 1 of the
Internal Revenue Code of 1986 (relating to accounting periods) is
amended by inserting after section 444 the following new section:
``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING
IN A MONTH FROM APRIL TO NOVEMBER.
``(a) General Rule.--A qualified small business may elect to have a
taxable year, other than the required taxable year, which ends on the
last day of any of the months of April through November (or at the end
of an equivalent annual period (varying from 52 to 53 weeks)).
``(b) Years for Which Election Effective.--An election under
subsection (a)--
``(1) shall be made not later than the due date (including
extensions thereof) for filing the return of tax for the first
taxable year of the qualified small business, and
``(2) shall be effective for such first taxable year or
period and for all succeeding taxable years of such qualified
small business until such election is terminated under
subsection (c).
``(c) Termination.--
``(1) In general.--An election under subsection (a) shall
be terminated on the earliest of--
``(A) the first day of the taxable year following
the taxable year for which the entity fails to meet the
gross receipts test,
``(B) the date on which the entity fails to qualify
as an S corporation, or
``(C) the date on which the entity terminates.
``(2) Gross receipts test.--For purposes of paragraph (1),
an entity fails to meet the gross receipts test if the entity
fails to meet the gross receipts test of section 448(c).
``(3) Effect of termination.--An entity with respect to
which an election is terminated under this subsection shall
determine its taxable year for subsequent taxable years under
any other method that would be permitted under subtitle A.
``(4) Income inclusion and deduction rules for period after
termination.--If the termination of an election under paragraph
(1)(A) results in a short taxable year--
``(A) items relating to net profits for the period
beginning on the day after its last fiscal year-end and
ending on the day before the beginning of the taxable
year determined under paragraph (4) shall be includible
in income ratably over the succeeding 4 taxable years,
or (if fewer) the number of taxable years equal to the
fiscal years for which the election under this section
was in effect, and
``(B) items relating to net losses for such period
shall be deductible in the first taxable year after the
taxable year with respect to which the election
terminated.
``(d) Definitions.--For purposes of this section--
``(1) Qualified small business.--The term `qualified small
business' means an entity--
``(A)(i) for which an election under section
1362(a) is in effect for the first taxable year or
period of such entity and for all subsequent years, or
``(ii) which is treated as a partnership for the
first taxable year or period of such entity for Federal
income tax purposes,
``(B) which conducts an active trade or business or
which would qualify for an election to amortize start-
up expenditures under section 195, and
``(C) which is a start-up business.
``(2) Start-up business.--For purposes of paragraph (1)(C),
an entity shall be treated as a start-up business so long as
not more than 75 percent of the entity is owned by any person
who previously conducted a similar trade or business at any
time within the 1-year period ending on the date on which such
entity is formed. For purposes of the preceding sentence, a
person and any other person bearing a relationship to such
person specified in section 267(b) or 707(b)(1) shall be
treated as one person, and sections 267(b) and 707(b)(1) shall
be applied as if section 267(c)(4) provided that the family of
an individual consists of the individual's spouse and the
individual's children under the age of 21.
``(3) Required taxable year.--The term `required taxable
year' has the meaning given to such term by section 444(e).
``(e) Tiered Structures.--The Secretary shall prescribe rules
similar to the rules of section 444(d)(3) to eliminate abuse of this
section through the use of tiered structures.''.
(b) Conforming Amendment.--Section 444(a)(1) of such Code is
amended by striking ``section,'' and inserting ``section and section
444A''.
(c) Clerical Amendment.--The table of sections for part I of
subchapter E of chapter 1 of such Code is amended by inserting after
the item relating to section 444 the following new item:
``444A. Qualified small businesses election of taxable year ending in a
month from April to November.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 9. INCREASE IN MAXIMUM NUMBER OF S CORPORATION SHAREHOLDERS.
(a) In General.--Subparagraph (A) of section 1361(b)(1) is amended
by striking ``100'' and inserting ``150''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 10. GOVERNMENT CONTRACTS WITH SMALL BUSINESSES NOT SUBJECT TO TAX
WITHHOLDING.
(a) In General.--Paragraph (2) of section 3402(t) is amended by
striking ``and'' at the end of subparagraph (H), by striking the period
at the end of subparagraph (I) and inserting ``, and'', and by adding
at the end the following new subparagraph:
``(J) to any specified small business.''.
(b) Specified Small Business.--Subsection (t) of section 3402 is
amended by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
``(3) Specified small business.--For purposes of this
subsection, the term `specified small business' means a
corporation or partnership which meets the gross receipts test
of section 448(c) for the taxable year prior to the taxable
year in which the payment is received (or, in the case of a
sole proprietorship, which would meet such test if such
proprietorship were a corporation).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 511 of the Tax Increase Prevention and
Reconciliation Act of 2005. | Small Business Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) make permanent the work opportunity tax credit, the new markets tax credit, and the tax credit for increasing research activities; (2) make permanent accelerated depreciation of qualified leasehold improvement and restaurant property and expensing of environmental remediation expenditures; (3) increase the partial tax exclusion of gain from sales of certain small business stock for noncorporate business taxpayers and businesses in an empowerment zone; (4) permit certain small businesses to elect taxable years ending between April and November; (5) increase the allowable number of S corporation shareholders from 100 to 150; and (6) exempt certain small businesses from the 3% withholding requirement applicable to payments made to such businesses by government entities. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USDA Civil Rights Resolution Act of
2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) there exists a strong public policy against
discrimination against minority groups, whether the
discrimination is committed by private persons or by the
Federal Government in the operation of its programs;
(2) whenever discrimination occurs in the conduct of
Federal programs, the responsible Federal agencies should take
quick and aggressive action to remedy the discrimination;
(3) in 1997, it was determined that the Department of
Agriculture had, for decades, been guilty of civil rights
violations against United States agricultural producers
participating, or attempting to participate, in Department
programs;
(4) in 1998, Congress created a 2-year waiver of the
statute of limitations to allow persons injured by
discrimination by the Department to seek redress in court or by
filing an administrative compliant with the Department;
(5) despite the waiver of the statute of limitations, it
remains a difficult challenge to ensure that agricultural
producers injured by discrimination by the Department over the
years will get a speedy and balanced resolution of their
complaints because it appears now that--
(A) a number of complaints that have already been
investigated by investigators hired by the Office of
Civil Rights of the Department are not being resolved;
and
(B) nothing is being done to expeditiously resolve
these cases; and
(6) it is unfair for agricultural producers to be faced
with these delays because--
(A) the producers cannot get on with their lives,
or plan their farming operations, until their
complaints are resolved; and
(B) the producers are being wronged a second time
by delays in resolving meritorious complaints.
(b) Purposes.--It is the purpose of this Act--
(1) to impose on the Department of Agriculture a reasonable
time limit to resolve the complaints described in subsection
(a); and
(2) if the Department fails to meet the reasonable time
limit, to enable complainants to seek the experience and
expertise of the Civil Rights Division of the Department of
Justice in resolving the complaints in a timely manner.
SEC. 3. WAIVER OF STATUTE OF LIMITATIONS.
Section 741(b) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C.
2279 note; Public Law 105-277) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by striking ``(b) The'' and inserting the following:
``(b) Administrative Determinations.--
``(1) In general.--The'';
(3) by indenting the margins of subparagraphs (A), (B), and
(C) (as so redesignated) to reflect the amendment made by
paragraph (2); and
(4) by adding at the end the following:
``(2) Review by department of justice.--
``(A) In general.--If a complainant seeks a
determination by the Department of Agriculture on the
merits of an eligible complaint under paragraph (1) and
the complaint is not resolved by the Department within
270 days after the complaint has been investigated by
the Department, the complainant may petition the Civil
Rights Division of the Department of Justice--
``(i) to review the complaint; and
``(ii) to make recommendations to the
Department of Agriculture to resolve the
complaint.
``(B) Deadline.--The Civil Rights Division of the
Department of Justice shall conduct the review, and
make recommendations to resolve the complaint, not
later than 30 days after the complainant files a
petition under subparagraph (A).
``(C) Access to review for other cases.--
``(i) In general.--The right to review by
the Department of Justice under this paragraph
shall be made available to any complainant with
a complaint that--
``(I) is not considered an eligible
complaint under the time criteria
described in subsection (e); and
``(II) is pending at the Office of
Civil Rights of the Department of
Agriculture on the date of enactment of
this paragraph.
``(ii) Tolling.--In the case of any
complaint that is reviewed by the Department of
Justice under this paragraph, after the review
process is completed--
``(I) the complainant--
``(aa) shall be deemed to
have exhausted the
administrative remedies of the
complainant; and
``(bb) may file an action
on the complaint in United
States District Court; and
``(II) any applicable statute of
limitations shall be tolled for the
period beginning on the date that the
complaint was filed at the Department
of Agriculture and ending on the date
of completion of the review by the
Department of Justice.''. | Makes the right to review by the Department of Justice available to any complainant with a complaint that: (1) is not considered an eligible complaint under specified time criteria (eligible complaints were filed before July 1, 1997, and allege discrimination occurred between 1981 and 1996); and (2) is pending at the Office of Civil Rights of the Department of Agriculture on this Act's enactment date.
Deems complainants to have exhausted administrative remedies after review is completed and authorizes the filing of actions after such time in a district court. Requires the tolling of any statute of limitations beginning on the date the complaint was filed at the Department of Agriculture and ending on date of completion of review by the Department of Justice. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Federal File Sharing Act''.
SEC. 2. REQUIREMENTS.
(a) Updated Guidance on Use of Certain Software Programs.--Not
later than 90 days after the date of the enactment of this Act, the
Director of the Office of Management and Budget, after consultation
with the Federal Chief Information Officers Council, shall issue
guidance on the use of peer-to-peer file sharing software--
(1) to prohibit the download, installation, or use by
Government employees and contractors of open-network peer-to-
peer file sharing software on all Federal computers, computer
systems, and networks, including those operated by contractors
on the Government's behalf, unless such software is approved in
accordance with procedures under subsection (b); and
(2) to address the download, installation, or use by
Government employees and contractors of such software on home
or personal computers as it relates to telework and remotely
accessing Federal computers, computer systems, and networks,
including those operated by contractors on the Government's
behalf.
(b) Approval Process for Certain Software Programs.--Not later than
90 days after the date of the enactment of this Act, the Director of
the Office of Management and Budget shall develop a procedure by which
the Director, in consultation with the Chief Information Officer, may
receive requests from heads of agencies or chief information officers
of agencies for approval for use by Government employees and
contractors of specific open-network peer-to-peer file sharing software
programs that are--
(1) necessary for the day-to-day business operations of the
agency;
(2) instrumental in completing a particular task or project
that directly supports the agency's overall mission;
(3) necessary for use between, among, or within Federal,
State, or local government agencies in order to perform
official agency business; or
(4) necessary for use during the course of a law
enforcement investigation.
(c) Agency Responsibilities.--Not later than 180 days after the
date of enactment of this Act, the Director of the Office of Management
and Budget shall--
(1) direct agencies to establish or update personal use
policies of the agency to be consistent with the guidance
issued pursuant to subsection (a);
(2) direct agencies to require any contract awarded by the
agency to include a requirement that the contractor comply with
the guidance issued pursuant to subsection (a) in the
performance of the contract;
(3) direct agencies to update their information technology
security or ethics training policies to ensure that all
employees, including those working for contractors on the
Government's behalf, are aware of the requirements of the
guidance required by subsection (a) and the consequences of
engaging in prohibited conduct; and
(4) direct agencies to ensure that proper security controls
are in place to prevent, detect, and remove file sharing
software that is prohibited by the guidance issued pursuant to
subsection (a) from all Federal computers, computer systems,
and networks, including those operated by contractors on the
Government's behalf.
SEC. 3. ANNUAL REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Director of the Office of Management and
Budget shall submit to the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report on the implementation
of this Act, including--
(1) a justification for each open-network peer-to-peer file
sharing software program that is approved pursuant to
subsection (b); and
(2) an inventory of the agencies where such programs are
being used.
SEC. 4. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning provided
the term ``Executive agency'' by section 105 of title 5, United
States Code.
(2) Open-network.--The term ``open-network'', with respect
to software, means a network in which--
(A) access is granted freely, without limitation or
restriction; or
(B) there are little or no security measures in
place.
(3) Peer-to-peer file sharing software.--The term ``peer-
to-peer file sharing software''--
(A) means a program, application, or software that
is commercially marketed or distributed to the public
and that enables--
(i) a file or files on the computer on
which such program is installed to be
designated as available for searching and
copying to one or more other computers;
(ii) the searching of files on the computer
on which such program is installed and the
copying of any such file to another computer--
(I) at the initiative of such other
computer and without requiring any
action by an owner or authorized user
of the computer on which such program
is installed; and
(II) without requiring an owner or
authorized user of the computer on
which such program is installed to have
selected or designated another computer
as the recipient of any such file; and
(iii) an owner or authorized user of the
computer on which such program is installed to
search files on one or more other computers
using the same or a compatible program,
application, or software, and copy such files
to such owner or user's computer; and
(B) does not include a program, application, or
software designed primarily--
(i) to operate as a server that is
accessible over the Internet using the Internet
Domain Name system;
(ii) to transmit or receive email messages,
instant messaging, real-time audio or video
communications, or real-time voice
communications; or
(iii) to provide network or computer
security (including the detection or prevention
of fraudulent activities), network management,
maintenance, diagnostics, or technical support
or repair.
(4) Contractor.--The term ``contractor'' means a prime
contractor or a subcontractor, as defined by the Federal
Acquisition Regulation.
SEC. 5. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives March 24, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) prohibit the download, installation, or use by government employees and contractors of open-network peer-to-peer file sharing software on all federal computers, computer systems, and networks, unless approved in accordance with procedures under this Act; and (2) address the download, installation, or use by government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing federal computers, computer systems, and networks.
Requires the Director to develop a procedure for receiving requests from heads or chief information officers of agencies for approval for use by government employees and contractors of specific open-network peer-to-peer file sharing software programs that are: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business; or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission.
Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act; (2) require contracts to require contractor compliance with that guidance; (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct; and (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited.
Requires the Director to report annually to specified congressional committees, including: (1) a justification for each open-network peer-to-peer file sharing software program that is approved under this Act; and (2) an inventory of the agencies where such programs are being used.
Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Catastrophic Disaster
Risk and Insurance Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hurricanes Katrina, Rita, and Wilma, which struck the
United States in 2005, caused over $200 billion in total
economic losses, including insured and uninsured losses.
(2) Although private sector insurance is currently
available to spread some catastrophe-related losses throughout
the Nation and internationally, most experts believe there will
be significant insurance and reinsurance shortages, resulting
in dramatic rate increases for consumers and businesses, and
the unavailability of catastrophe insurance.
(3) The Federal Government has provided and will continue
to provide billions of dollars and resources to pay for losses
from catastrophes, including hurricanes, volcanic eruptions,
tsunamis, tornados, and other disasters, at huge costs to
American taxpayers.
(4) The Federal Government has a critical interest in
ensuring appropriate and fiscally responsible risk management
of catastrophes. Mortgages require reliable property insurance,
and the unavailability of reliable property insurance would
make most real estate transactions impossible. In addition, the
public health, safety, and welfare demand that structures
damaged or destroyed in a catastrophe be reconstructed as soon
as possible. Therefore, the inability of the private sector
insurance and reinsurance markets to maintain sufficient
capacity to enable Americans to obtain property insurance
coverage in the private sector endangers the national economy
and the public health, safety, and welfare.
(5) Multiple proposals have been introduced in the United
States Congress over the past decade to address catastrophic
risk insurance, including the creation of a national
catastrophic reinsurance fund and the revision of the Federal
tax code to allow insurers to use tax-deferred catastrophe
funds, yet Congress has failed to act on any of these
proposals.
(6) To the extent the United States faces high risks from
catastrophe exposure, essential technical information on
financial structures and innovations in the catastrophe
insurance market is needed.
(7) The most efficient and effective approach to assessing
the catastrophe insurance problem in the public policy context
is to establish a bipartisan commission of experts to study the
management of catastrophic disaster risk, and to require such
commission to timely report its recommendations to Congress so
that Congress can quickly craft a solution to protect the
American people.
SEC. 3. ESTABLISHMENT.
There is established a bipartisan Commission on Catastrophic
Disaster Risk and Insurance (in this Act referred to as the
``Commission'').
SEC. 4. MEMBERSHIP.
(a) Members.--The Commission shall be composed of the following:
(1) The Director of the Federal Emergency Management Agency
or a designee of the Director.
(2) The Administrator of the National Oceanic and
Atmospheric Administration or a designee of the Administrator.
(3) 12 additional members or their designees of whom one
shall be--
(A) a representative of a consumer group;
(B) a representative of a primary insurance
company;
(C) a representative of a reinsurance company;
(D) an independent insurance agent with experience
in writing property and casualty insurance policies;
(E) a State insurance regulator;
(F) a State emergency operations official;
(G) a scientist;
(H) a faculty member of an accredited university
with experience in risk management;
(I) a member of nationally recognized think tank
with experience in risk management;
(J) a homebuilder with experience in structural
engineering;
(K) a mortgage lender; and
(L) a nationally recognized expert in antitrust
law.
(b) Manner of Appointment.--
(1) In general.--Any member of the Commission described
under subsection (a)(3) shall be appointed only upon unanimous
agreement of--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(2) Consultation.--In making any appointment under
paragraph (1), each individual described in paragraph (1) shall
consult with the President.
(c) Eligibility Limitation.--Except as provided in subsection (a),
no member or officer of the Congress, or other member or officer of the
Executive Branch of the United States Government or any State
government may be appointed to be a member of the Commission.
(d) Period of Appointment.--
(1) In general.--Each member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy on the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment was made.
(e) Quorum.--
(1) Majority.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(2) Approval actions.--All recommendations and reports of
the Commission required by this Act shall be approved only by a
majority vote of a quorum of the Commission.
(f) Chairperson.--The majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of Representatives, and
the minority leader of the House of Representatives shall jointly
select 1 member appointed pursuant to subsection (a) to serve as the
Chairperson of the Commission.
(g) Meetings.--The Council shall meet at the call of its
Chairperson or a majority of its members at any time.
SEC. 5. DUTIES OF THE COMMISSION.
The Commission shall--
(1) assess--
(A) the condition of the property and casualty
insurance and reinsurance markets in the aftermath of
Hurricanes Katrina, Rita, and Wilma in 2005, and the 4
major hurricanes that struck the United States in 2004;
and
(B) the ongoing exposure of the United States to
earthquakes, volcanic eruptions, tsunamis, and floods;
and
(2) recommend and report, as required under section 6, any
necessary legislative and regulatory changes that will--
(A) improve the domestic and international
financial health and competitiveness of such markets;
and
(B) assure consumers of the--
(i) availability of adequate insurance
coverage when an insured event occurs; and
(ii) best possible range of insurance
products at competitive prices.
SEC. 6. REPORT.
(a) In General.--Not later than 90 days after the appointment of
Commission members under section 4, the Commission shall submit to the
President and the Congress a final report containing a detailed
statement of its findings, together with any recommendations for
legislation or administrative action that the Commission considers
appropriate, in accordance with the requirements of section 5.
(b) Considerations.--In developing any recommendations under
subsection (a), the Commission shall consider--
(1) the catastrophic insurance and reinsurance market
structures and the relevant commercial practices in such
insurance industries in providing insurance protection to
different sectors of the American population;
(2) the constraints and opportunities in implementing a
catastrophic insurance system that can resolve key obstacles
currently impeding broader implementation of catastrophe risk
management and financing with insurance;
(3) methods to improve risk underwriting practices,
including--
(A) analysis of modalities of risk transfer for
potential financial losses;
(B) assessment of private securitization of
insurances risks;
(C) private-public partnerships to increase
insurance capacity in constrained markets; and
(D) the financial feasibility and sustainability of
a national catastrophe pool or regional catastrophe
pools designed to provide adequate insurance coverage
and increased underwriting capacity to insurers and
reinsurers;
(4) approaches for implementing a public insurance scheme
for low-income communities, in order to promote risk reduction
and explicit insurance coverage in such communities;
(5) methods to strengthen insurance regulatory requirements
and supervision of such requirements, including solvency for
catastrophic risk reserves;
(6) methods to promote public insurance policies linked to
programs for loss reduction in the uninsured sectors of the
American population;
(7) methods to strengthen the risk assessment and
enforcement of structural mitigation and vulnerability
reduction measures, such as zoning and building code
compliance;
(8) the appropriate role for the Federal Government in
stabilizing the property and casualty insurance and reinsurance
markets, with an analysis--
(A) of options such as--
(i) a reinsurance mechanism;
(ii) the modernization of Federal taxation
policies; and
(iii) an ``insurance of last resort''
mechanism; and
(B) how to fund such options; and
(9) the merits of the 3 principle legislative proposals
currently pending in the 109th Congress, namely:
(A) The creation of a Federal catastrophe fund to
act as a backup to State catastrophe funds;
(B) Tax-deferred catastrophe accounts for insurers;
and
(C) Tax-free catastrophe accounts for
policyholders.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at the direction of the
Commission, any subcommittee or member of the Commission, may, for the
purpose of carrying out this Act--
(1) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths or
affirmations as the Commission or such subcommittee or member
considers advisable; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or member
considers advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall
bear the signature of the Chairperson of the Commission and
shall be served by any person or class of persons designated by
the Chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
(3) Confidentiality.--
(A) In general.--Information obtained under a
subpoena issued under subsection (a) which is deemed
confidential, or with reference to which a request for
confidential treatment is made by the person furnishing
such information--
(i) shall be exempt from disclosure under
section 552 of title 5, United States Code; and
(ii) shall not be published or disclosed
unless the Commission determines that the
withholding of such information is contrary to
the interest of the United States.
(B) Exception.--The requirements of subparagraph
(A) shall not apply to the publication or disclosure of
any data aggregated in a manner that ensures protection
of the identity of the person furnishing such data.
(c) Authority of Members or Agents of the Commission.--Any member
or agent of the Commission may, if authorized by the Commission, take
any action which the Commission is authorized to take by this Act.
(d) Obtaining Official Data.--
(1) Authority.--Notwithstanding any provision of section
552a of title 5, United States Code, the Commission may secure
directly from any department or agency of the United States any
information necessary to enable the Commission to carry out the
purposes of this Act.
(2) Procedure.--Upon request of the Chairperson of the
Commission, the head of that department or agency shall furnish
the information requested to the Commission.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, any administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Gifts.--
(1) In general.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(2) Regulations.--The Commission shall adopt internal
regulations governing the receipt of gifts or donations of
services or property similar to those described in part 2601 of
title 5, Code of Federal Regulations.
SEC. 8. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for GS-18 of the General Schedule under section
5332 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 Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission 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
Commission.
(c) Subcommittees.--The Commission may establish subcommittees and
appoint persons to such subcommittees as the Commission considers
appropriate.
(d) Staff.--Subject to such policies as the Commission may
prescribe, the Chairperson of the Commission may appoint and fix the
pay of such additional personnel as the Chairperson considers
appropriate to carry out the duties of the Commission.
(e) Applicability of Certain Civil Service Laws.--Subcommittee
members and staff of the Commission may be--
(1) appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service; and
(2) 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 that an
individual so appointed may not receive pay in excess of the
annual rate of basic pay prescribed for GS-18 of the General
Schedule under section 5332 of that title.
(f) Experts and Consultants.--In carrying out its objectives, the
Commission may procure temporary and intermittent services of
consultants and experts under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily equivalent
of the annual rate of basic pay prescribed for GS-18 of the General
Schedule under section 5332 of that title.
(g) Detail of Government Employees.--Upon request of the
Chairperson of the Commission, any Federal Government employee may be
detailed to the Commission to assist in carrying out the duties of the
Commission--
(1) on a reimbursable basis; and
(2) such detail shall be without interruption or loss of
civil service status or privilege.
SEC. 9. TERMINATION.
The Commission shall terminate 60 days after the date on which the
Commission submits its report under section 6.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 to carry out the
purposes of this Act. | Commission on Catastrophic Disaster Risk and Insurance Act of 2006 - Establishes a bipartisan Commission on Catastrophic Disaster Risk and Insurance to assess: (1) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the four major hurricanes that struck the United States in 2004; (2) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods; and (3) recommend and report legislative and regulatory changes that will improve the domestic and international financial health and competitiveness of such markets. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mud Dump Permanent Closure and
Remediation Act of 2000''.
SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE.
Section 103 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1413) is amended by adding at the end the following:
``(f) Historic Area Remediation Site.--
``(1) Prohibition on ocean dumping.--Except as provided by
paragraph (2), after the date of enactment of this subsection,
dumping shall be prohibited at the Historic Area Remediation
Site (as defined in subsection (g)).
``(2) Permits for remediation.--After the date of issuance
of standards for remediation materials under subsection (g),
the Secretary may issue permits under this section authorizing
the transportation of dredged materials to the Historic Area
Remediation Site solely for the purpose of providing for
remediation of the site.
``(3) Remediation to be followed by permanent closure.--
Upon satisfying the goal specified in subsection (g)(2)(B) at
the Historic Area Remediation Site, as determined by the
Administrator, the Secretary shall not issue any further
permits under this section authorizing the transportation of
dredged materials to the site for any purpose.
``(4) Existing permits.--A permit issued under this section
before the date of enactment of this subsection shall not be
effective to the extent that the permit authorizes dumping in
violation of this subsection.
``(5) Advance notice of permits.--At least 30 days before
issuing a permit under paragraph (2), the Secretary shall
provide written notice of the permit to the Governors of the
States of New York and New Jersey and to each Member of
Congress representing one of such States. This paragraph shall
not be construed to affect any notification requirement under
any other provision of law.''.
SEC. 3. STANDARDS FOR REMEDIATION MATERIALS.
Section 103 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1413) is further amended by adding at the end the
following:
``(g) Standards for Remediation Materials.--
``(1) Development of standards.--Not later than 90 days
after the date of enactment of this subsection, the
Administrator, in consultation with the Under Secretary for
Oceans and Atmosphere, shall develop and publish in the Federal
Register standards for evaluating dredged materials to be used
solely for remediation purposes at the Historic Area
Remediation Site.
``(2) Requirements for standards.--
``(A) In general.--In developing standards under
paragraph (1), the Administrator shall ensure that the
materials used for remediation--
``(i) contain significantly lower levels of
contaminants (as referred to in section 227.6
of title 40, Code of Federal Regulations),
including polycyclic aromatic hydrocarbons and
polyclorinated biphenyls, than exist at the
Historic Area Remediation Site;
``(ii) will significantly reduce
contamination levels in biota and sediments at
the Historic Area Remediation Site; and
``(iii) will reduce both the number,
extent, and magnitude of undesirable effects on
marine life in and around the Historic Area
Remediation Site, including through
bioaccumulation.
``(B) Goal.--The goal of the standards to be
developed under paragraph (1) shall be to reduce the
level of contamination at the Historic Area Remediation
Site to a level that reflects background ambient
contamination levels in the ocean.
``(3) Notice and comment.--The Administrator shall provide
notice and an opportunity for public comment before issuing
final standards under paragraph (1).
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Background ambient contamination levels.--The
term `background ambient contamination levels' means a
level of contamination that is substantially equivalent
to or less than--
``(i) the levels of contamination in biota
and sediments found occurring naturally in the
ocean in areas that have never been impacted by
ocean dumping; and
``(ii) the levels of contamination found in
the clean reference sediments used by the
Environmental Protection Agency when testing
and evaluating remediation materials to be
deposited at the Historic Area Remediation
Site.
``(B) Clean reference sediments.--The term `clean
reference sediments' means a sediment, substantially
free of contaminants, that is as similar to the grain
size of the dredged material and the sediment at the
disposal site as practical, and reflects conditions
that would exist in the vicinity of the disposal site
had no dredged material disposal ever occurred, but had
all other influences on sediment taken place.
``(C) Historic area remediation site.--The term
`Historic Area Remediation Site' means the dredged
material disposal area known by that name that is
located east of Sandy Hook, New Jersey, and described
in section 228.15(d)(6) of title 40, Code of Federal
Regulations (as in effect on July 1, 1999).''. | Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act.
Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site; (2) will significantly reduce contamination levels in biota and sediments at the Site; and (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean. | [
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] |
SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Role Models
Academy Demonstration Act''.
(b) Purpose.--The purpose of this Act is to establish a Role Models
Academy that--
(1) serves as a model, residential, military style magnet
school for at-risk youth from around the Nation who cease to
attend secondary school before graduation from secondary
school; and
(2) will foster a student's growth and development by
providing a residential, controlled environment conducive for
developing leadership skills, self-discipline, citizenship, and
academic and vocational excellence in a structured living and
learning environment.
(c) Definitions.--For the purpose of this Act--
(1) the term ``Academy'' means the academy established
under section 3;
(2) the term ``former member of the Armed Forces'' means
any individual who was discharged or released from service in
the Armed Forces under honorable conditions;
(3) the term ``local educational agency'' has the meaning
given that term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801);
(4) the term ``secondary school'' has the meaning given
that term in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801); and
(5) the term ``Secretary'' means the Secretary of
Education.
SEC. 2. OBJECTIVES.
The objectives of this Act are as follows:
(1) To provide a comprehensive, coherent, integrated, high
quality, cost-effective, residential, education and vocational
training academy for the Nation's at-risk youth, designed to
meet the entrance demands of colleges and universities and the
needs of employers.
(2) To establish a comprehensive, national partnership
investment model among the Federal Government, States,
corporate America, and colleges and universities.
(3) To provide for community partnerships among local
community leaders, businesses, and churches to provide
mentoring to Academy students.
(4) To provide for a community partnership between the
Academy and the local school system under which model Academy
students will serve as mentors to at-risk youth who are
attending school to provide such in-school at-risk youth with
valuable instruction and insights regarding--
(A) the prevention of drug use and crime;
(B) self-restraint; and
(C) conflict resolution skills.
(5) To provide Academy students with--
(A) the tools to become productive citizens;
(B) learning skills;
(C) traditional, moral, ethical, and family values;
(D) work ethics;
(E) motivation;
(F) self-confidence; and
(G) pride.
(6) To provide employment opportunities at the Academy for
former members of the Armed Forces and participants in the
program assisted under section 1151 of title 10, United States
Code (Troops to Teachers Program).
(7) To make the Academy available, upon demonstration of
success, for expansion or duplication throughout every State,
through block grant funding or other means.
SEC. 3. ACADEMY ESTABLISHED.
The Secretary shall carry out a demonstration program under which
the Secretary establishes a four-year, residential, military style
academy--
(1) that shall offer at-risk youth secondary school
coursework and vocational training, and that may offer
precollegiate coursework;
(2) that focuses on the education and vocational training
of youth at risk of delinquency or dropping out of secondary
school;
(3) whose teachers are primarily composed of former members
of the Armed Forces or participants in the program assisted
under section 1151 of title 10, United States Code (Troops to
Teachers Program), if such former members or participants are
qualified and trained to teach at the Academy;
(4) that operates a mentoring program that--
(A) utilizes mentors from all sectors of society to
serve as role models for Academy students;
(B) provides, to the greatest extent possible, one-
to-one mentoring relationships between mentors and
Academy students; and
(C) involves mentors providing academic tutoring,
advice, career counseling, and role models;
(5) that may contain a Junior Reserve Officers' Training
Corps unit established in accordance with section 2031 of title
10, United States Code;
(6) that is housed on the site of any military installation
closed pursuant to a base closure law; and
(7) if the Secretary determines that the Academy is
effective, that serves as a model for similar military style
academies throughout the United States. | Role Models Academy Demonstration Act - Directs the Secretary of Education to carry out a demonstration program under which a four-year, residential, military-style academy (the Role Models Academy) is established which: (1) offers at-risk youth secondary school coursework and vocational training (and may offer precollegiate coursework); (2) focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school; (3) has a teaching staff primarily composed of former members of the armed forces or participants in the Troops to Teachers Program, if they are qualified and trained to teach at the Academy; (4) operates a mentoring program involving role models from all sectors of society; (5) may contain a Junior Reserve Officers' Training Corps unit; (6) is housed on the site of any military installation closed pursuant to a base closure law; and (7) if effective, serves as a model for similar military-style academies throughout the United States. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farmer Bankruptcy
Clarification Act of 2013''.
SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS
ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER
12 BANKRUPTCIES.
(a) In General.--Subchapter II of chapter 12 of title 11, United
States Code, is amended by adding at the end the following:
``Sec. 1232. Claim by a governmental unit based on the disposition of
property used in a farming operation
``(a) Any unsecured claim of a governmental unit against the debtor
or the estate that arises before the filing of the petition, or that
arises after the filing of the petition and before the debtor's
discharge under section 1228, as a result of the sale, transfer,
exchange, or other disposition of any property used in the debtor's
farming operation--
``(1) shall be treated as an unsecured claim arising before
the date on which the petition is filed;
``(2) shall not be entitled to priority under section 507;
``(3) shall be provided for under a plan; and
``(4) shall be discharged in accordance with section 1228.
``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and
1229(b)(1) to a claim described in subsection (a) of this section, the
amount that would be paid on such claim if the estate of the debtor
were liquidated in a case under chapter 7 of this title shall be the
amount that would be paid by the estate in a chapter 7 case if the
claim were an unsecured claim arising before the date on which the
petition was filed and were not entitled to priority under section 507.
``(c) For purposes of applying sections 523(a), 1228(a)(2), and
1228(c)(2) to a claim described in subsection (a) of this section, the
claim shall not be treated as a claim of a kind specified in section
523(a)(1).
``(d)(1) A governmental unit may file a proof of claim for a claim
described in subsection (a) that arises after the date on which the
petition is filed.
``(2) If a debtor files a tax return after the filing of the
petition for a period in which a claim described in subsection (a)
arises, and the claim relates to the tax return, the debtor shall serve
notice of the claim on the governmental unit charged with the
responsibility for the collection of the tax at the address and in the
manner designated in section 505(b)(1). Notice under this paragraph
shall state that the debtor has filed a petition under this chapter,
state the name and location of the court in which the case under this
chapter is pending, state the amount of the claim, and include a copy
of the filed tax return and documentation supporting the calculation of
the claim.
``(3) If notice of a claim has been served on the governmental unit
in accordance with paragraph (2), the governmental unit may file a
proof of claim not later than 180 days after the date on which such
notice was served. If the governmental unit has not filed a timely
proof of the claim, the debtor or trustee may file proof of the claim
that is consistent with the notice served under paragraph (2). If a
proof of claim is filed by the debtor or trustee under this paragraph,
the governmental unit may not amend the proof of claim.
``(4) A claim filed under this subsection shall be determined and
shall be allowed under subsection (a), (b), or (c) of section 502, or
disallowed under subsection (d) or (e) of section 502, in the same
manner as if the claim had arisen immediately before the date of the
filing of the petition.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Subchapter II of chapter 12 of title 11,
United States Code, is amended--
(A) in section 1222(a)--
(i) in paragraph (2), by striking
``unless--'' and all that follows through ``the
holder'' and inserting ``unless the holder'';
(ii) in paragraph (3), by striking ``and''
at the end;
(iii) in paragraph (4), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(5) subject to section 1232, provide for the treatment of
any claim by a governmental unit of a kind described in section
1232(a).'';
(B) in section 1228--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1)--
(aa) by inserting a comma
after ``all debts provided for
by the plan''; and
(bb) by inserting a comma
after ``allowed under section
503 of this title''; and
(II) in paragraph (2), by striking
``the kind'' and all that follows and
inserting ``a kind specified in section
523(a) of this title, except as
provided in section 1232(c).''; and
(ii) in subsection (c)(2), by inserting ``,
except as provided in section 1232(c)'' before
the period at the end; and
(C) in section 1229(a)--
(i) in paragraph (2), by striking ``or'' at
the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(4) provide for the payment of a claim described in
section 1232(a) that arose after the date on which the petition
was filed.''.
(2) Table of sections.--The table of sections for
subchapter II of chapter 12 of title 11, United States Code, is
amended by adding at the end the following:
``1232. Claim by a governmental unit based on the disposition of
property used in a farming operation.''.
(c) Effective Date.--The amendments made by this section shall
apply to any bankruptcy case that--
(1) is pending on the date of enactment of this Act and
relating to which an order of discharge under section 1228 of
title 11, United States Code, has not been entered; or
(2) commences on or after the date of enactment of this
Act. | Family Farmer Bankruptcy Clarification Act of 2013 - Amends chapter 12 of federal bankruptcy law (Debt Adjustment of a Family Farmer or Fisherman with Regular Annual Income) with respect to discharge of governmental claims based upon the disposition of property used in a farming operation. Treats any unsecured claim of a governmental unit against the debtor or debtor's estate as an unsecured debt (hence, not entitled to priority payment), if it results from the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation and it arises either: (1) before the petition in bankruptcy is filed, or (2) after such filing but before the debtor's discharge. Authorizes a governmental unit to file a proof for a claim that arises after the date on which the petition is filed. Requires such debt to be discharged in accordance with specified discharge procedures. States that, for purposes of applying procedures governing plan confirmation, discharge, and modification after plan confirmation, the amount that would be paid on the claim if the estate were liquidated under chapter 7 shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and not entitled to priority payment status. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing School Capacity Act of
2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Researchers in the field of public health have
identified the need for a national study to identify
constraints encountered by schools of nursing in graduating the
number of nurses sufficient to meet the health care needs of
the United States.
(2) The shortage of qualified registered nurses has
adversely affected the health care system of the United States.
(3) Individual States have had varying degrees of success
with programs designed to increase the recruitment and
retention of nurses.
(4) Schools of nursing have been unable to provide a
sufficient number of qualified graduates to meet the workforce
needs.
(5) Many nurses are approaching the age of retirement, and
the problem worsens each year.
(6) In 2004, an estimated 125,000 applications from
qualified applicants were rejected by schools of nursing, due
to a shortage of faculty and a lack of capacity for additional
students.
SEC. 3. STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO SCHOOLS OF
NURSING.
(a) In General.--The Secretary of Health and Human Services shall
request the Institute of Medicine of the National Academy of Sciences
to enter into an agreement under which the Institute conducts a study
for the purpose of--
(1) identifying constraints encountered by schools of
nursing in admitting and graduating the number of registered
nurses necessary to ensure patient safety and meet the need for
quality assurance in the provision of health care; and
(2) developing recommendations to alleviate the constraints
on a short-term and long-term basis.
(b) Certain Components.--The Secretary shall ensure that the
agreement under subsection (a) provides that the study under such
subsection will include information on the following:
(1) The trends in applications for attendance at schools of
nursing that are relevant to the purpose described in such
subsection, including trends regarding applicants who are
accepted for enrollment and applicants who are not accepted,
particularly qualified applicants who are not accepted.
(2) The number and demographic characteristics of entry-
level and graduate students currently enrolled in schools of
nursing, the retention rates at the schools, and the number of
recent graduates from the schools, as compared to previous
years and to the projected need for registered nurses based on
two-year, five-year, and ten-year projections.
(3) The number and demographic characteristics of nurses
who pursue graduate education in nursing and non-nursing
programs but do not pursue faculty positions in schools of
nursing, the reasons therefor, including any regulatory
barriers to choosing to pursue such positions, and the effect
of such decisions on the ability of the schools to obtain
adequate numbers of faculty members.
(4) The extent to which entry-level graduates of the
schools are satisfied with their educational preparation,
including their participation in nurse externships,
internships, and residency programs, and to which they are able
to effectively transition into the nursing workforce.
(5) The satisfaction of nurse managers and administrators
with respect to the preparation and performance levels of
entry-level graduates from the schools after one-year, three-
year, and five-years of practice, respectively.
(6) The extent to which the current salary, benefit
structures, and characteristics of the workplace, including the
number of nurses who are presently serving in faculty
positions, influence the career path of nurses who have pursued
graduate education.
(7) The extent to which the use of innovative technologies
for didactic and clinical nursing education might provide for
an increase in the ability of schools of nursing to train
qualified nurses.
(c) Recommendations.--Recommendations under subsection (a)(2) may
include recommendations for legislative or administrative changes at
the Federal or State level, and measures that can be taken in the
private sector--
(1) to facilitate the recruitment of students into the
nursing profession;
(2) to facilitate the retention of nurses in the workplace;
and
(3) to improve the resources and ability of the education
and health care systems to prepare a sufficient number of
qualified registered nurses.
(d) Methodology of Study.--
(1) Scope.--The Secretary shall ensure that the agreement
under subsection (a) provides that the study under such
subsection will consider the perspectives of nurses and
physicians in each of the various types of inpatient,
outpatient, and residential facilities in the health care
delivery system; faculty and administrators of schools of
nursing; providers of health plans or health insurance; and
consumers.
(2) Consultation with relevant organization.--The Secretary
shall ensure that the agreement under subsection (a) provides
that relevant agencies and organizations with expertise on the
nursing shortage will be consulted with respect to the study
under such subsection, including but not limited to the
following:
(A) The Agency for Healthcare Research and Quality.
(B) The American Academy of Nursing.
(C) The American Association of Colleges of
Nursing.
(D) The American Nurses Association.
(E) The American Organization of Nurse Executives.
(F) The National Institute of Nursing Research.
(G) The National League for Nursing.
(H) The National Organization for Associate Degree
Nursing.
(I) The National Student Nurses Association.
(e) Report.--The Secretary shall ensure that the agreement under
subsection (a) provides that not later than 18 months after the date of
the enactment of this Act, a report providing the findings and
recommendations made in the study under such subsection will be
submitted to the Secretary, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Health, Labor,
Education, and Pensions of the Senate.
(f) Other Organization.--If the Institute declines to conduct the
study under subsection (a), the Secretary may enter into an agreement
with another appropriate private entity to conduct the study.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) The term ``Institute'' means the Institute of Medicine
of the National Academy of Sciences.
(2)(A) The term ``school of nursing'' means a collegiate,
associate degree, or diploma school of nursing in a State.
(B) The terms ``collegiate school of nursing'', ``associate
degree school of nursing'', and ``diploma school of nursing''
have the meanings given to such terms in section 801 of the
Public Health Service Act.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services. | Nursing School Capacity Act of 2005 - Requires the Secretary of Health and Human Services to request that the Institute of Medicine of the National Academy of Sciences (NAS) conduct a study to: (1) identify constraints encountered by schools of nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet the need for quality assurance in the provision of health care; and (2) develop recommendations to alleviate the constraints on a short-term and long-term basis. Directs the Secretary to provide that the study consider the perspectives of: (1) nurses and physicians in inpatient, outpatient, and residential facilities; (2) faculty and administrators of nursing schools; (3) providers of health plans or health insurance; and (4) consumers. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Drug Sales Accountability
Act''.
SEC. 2. SALES OF CONTROLLED SUBSTANCES THROUGH THIRD-PARTY INTERNET
SALES SITES.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by
inserting after section 423 the following section:
``SEC. 424. PROHIBITIONS REGARDING SALES OF CONTROLLED SUBSTANCES
THROUGH THIRD-PARTY INTERNET SALES SITES.
``(a) In General.--Subject to subsection (d), it is unlawful for a
person who controls a third-party Internet sales site--
``(1) to accept for posting on the site an offer to sell an
item that the person knows is a controlled substance; or
``(2) to fail to promptly remove from the site an offer to
sell an item when a Federal or State official notifies the
person, in accordance with subsection (e), that the item is a
controlled substance.
``(b) Third-Party Internet Sales Site.--For purposes of this
section, the term `third-party Internet sales site' means an Internet
site, operated as part of a business, that permits users of the site to
post an offer to sell an item directly to a consumer.
``(c) Advertising.--For purposes of this section, the term `offer',
with respect to the sale of an item, includes an advertisement for the
sale of the item.
``(d) Exclusion Regarding Licensed Pharmacies.--Subsection (a) does
not have any applicability with respect to the sale of controlled
substances by a licensed pharmacy, including a licensed Internet
pharmacy.
``(e) Notice Regarding Controlled Substance.--A person who controls
a third-party Internet sales site shall create a system for receipt of
notice under subsection (a)(2) in accordance with this subsection if
the notice is in writing and the notice--
``(1) specifies this section as the relevant statutory
authority;
``(2) specifies the name, title, physical address, and
contact information of the Federal or State official or
officials who sent the notice;
``(3) specifies the third-party Internet site involved;
``(4) specifies the offer with which the notice is
concerned, including the controlled substance involved;
``(5) specifies the location of the offer on the site
through the uniform resource locator (commonly referred to as
the URL) or through the Internet Protocol numbers that
constitute the address of the location; and
``(6) is provided to the designated agent of the third-
party Internet sales site designated in accordance with section
512 of title 17, United States Code, if the site has designated
such an agent.
``(f) Penalties.--
``(1) Criminal penalties.--
``(A) First conviction.--A person who violates
subsection (a) shall be fined under title 18, United
States Code, or imprisoned not more than one year, or
both, subject to subparagraph (B).
``(B) Subsequent convictions.--If a person commits
a violation of subsection (a) after a single prior
conviction of the person under this paragraph, the
person shall for such violation be fined under title
18, United States Code, or imprisoned not more than
five years, or both. If a person commits a violation of
such subsection after two or more prior convictions of
the person under this paragraph, the person shall for
such violation be fined under such title or imprisoned
not more than 10 years, or both.
``(2) Civil penalty.--A person who violates a requirement
under subsection (e) is subject to a civil penalty not
exceeding $1,000,000 for each such violation.
``(g) Protection for Identifying and Removing Illegal Offers.--
``(1) Monitoring and removal of offers.--A third-party
Internet sales site should monitor and remove in good faith any
posting of an offer to sell an item that the third-party
Internet sales site believes to violate Federal or State law,
or that is the subject of a notice described in subsection (e).
``(2) Protection against liability.--A third-party Internet
sales site that in good faith monitors and removes any posting
in accordance with paragraph (1) shall not be liable under any
Federal or State law.
``(h) Additional Definitions.--For purposes of this section:
``(1) The term `control', with respect to an Internet site,
means to have the legal right to exercise control over all or
substantially all of the content of the site, without regard to
the extent to which such authority actually is exercised.
``(2) The term `Internet' means collectively the myriad of
computer and telecommunications facilities, including equipment
and operating software, which comprise the interconnected
world-wide network of networks that employ the transmission
control protocol/internet protocol, or any predecessor or
successor protocols to such protocol, to communicate
information of all kinds by wire or radio.
``(3) The terms `Internet site', with respect to the
Internet, mean a specific location on the Internet that is
determined by Internet Protocol numbers or by any successor
protocol for determining a specific location on the Internet.
``(4) The term `licensed Internet pharmacy' mean an
Internet site that is controlled by a licensed pharmacy and is
used by such pharmacy to make sales of controlled substances or
other drugs.
``(5) The term `licensed pharmacy' means a person who is
licensed as a pharmacy under applicable Federal or State law.
``(6) The term `remove', with respect to an offer posted on
a third-party Internet sales site, includes disabling public
access to the offer.''. | Internet Drug Sales Accountability Act - Amends the Controlled Substances Act to prohibit a person who controls a third-party Internet sales site from: (1) accepting for posting on the site an offer to sell an item that the person knows is a controlled substance; or (2) failing to promptly remove from the site an offer to sell an item which a federal or state official notifies the person is a controlled substance. Requires such person to create a system for receipt of such notice in writing and specifying information including the offer and substance involved and the name, title, address, and contact information of the officials who sent the notice. (Makes this provision inapplicable with respect to the sale of controlled substances by a licensed pharmacy.)
Sets criminal and civil penalties for violations. Requires a third-party Internet sales site to monitor and remove in good faith any posting of an offer to sell an item that the site believes to violate federal or state law or that is the subject of notice under this Act. Shields from liability any such site that in good faith monitors and removes a posting pursuant to this provision. | [
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.
Within 180 days after the date of enactment of this Act, the
Surface Transportation Board shall promulgate regulations adopting a
simplified dispute resolution mechanism with the following features:
(1) In general.--The simplified dispute resolution
mechanism will utilize expedited arbitration with a minimum of
discovery and may be used to decide disputes between parties
involving any matter subject to the jurisdiction of the Board,
other than rate reasonableness cases that would be decided
under constrained market pricing principles.
(2) Applicable standards.--Arbitrators will apply existing
legal standards.
(3) Mandatory if requested.--Use of the simplified dispute
resolution mechanism is required whenever at least one party to
the dispute requests.
(4) 90-day turnaround.--Arbitrators will issue their
decisions within 90 days after being appointed.
(5) Payment of costs.--Each party will pay its own costs,
and the costs of the arbitration and other administrative costs
of arbitration will be shared equally between and among the
parties.
(6) Decisions private; not precedential.--Except as
otherwise provided by the Board, decisions will remain private
and will not constitute binding precedent.
(7) Decisions binding and enforceable.--Except as otherwise
provided in paragraph (8), decisions will be binding and
enforceable by the Board.
(8) Right to appeal.--Any party will have an unqualified
right to appeal any decision to the Board, in which case the
Board will decide the matter de novo. In making its decision,
the Board may consider the decision of the arbitrator and any
evidence and other material developed during the arbitration.
(9) Mutual modification.--Any procedure or regulation
adopted by the Board with respect to the simplified dispute
resolution may be modified or eliminated by mutual agreement of
all parties to the dispute.
SEC. 9. PROMOTION OF COMPETITIVE RAIL SERVICE OPTIONS.
Section 11324 of title 49, United States Code, is amended--
(1) by striking ``and'' in paragraph (4) of subsection (b);
(2) by striking ``system.'' in paragraph (5) of subsection
(b) and inserting ``system; and'';
(3) by adding at the end of subsection (b) the following:
``(6) means and methods to encourage and expand competition
between and among rail carriers in the affected region or the
national rail system.''; and
(4) by inserting after the second sentence in subsection
(c) the following: ``The Board may impose conditions to
encourage and expand competition between and among rail
carriers in the affected region or the national rail system, if
such conditions do not cause substantial harm to the benefits
of the transaction to the affected carriers or the public.''.
SEC. 10. CLARIFICATION OF STB AUTHORITY TO GRANT TEMPORARY ACCESS
RELIEF.
(a) Section 10705 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(d) The Board may grant temporary relief under this section when
the Board finds it necessary and appropriate to do so to remedy
inadequate service. The authority provided in this section is in
addition to the authority of the Board to provide temporary relief
under sections 11102 and 11123 of this title.''.
(b) Section 11102 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(e) The Board may grant temporary relief under subsections (a)
and (c) when the Board finds it necessary and appropriate to do so to
remedy inadequate service. The authority provided in this section is in
addition to the authority of the Board to provide temporary relief
under sections 10705 and 11123 of this title.''.
(c) Section 11123 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(e) The authority provided in this section is in addition to the
authority of the Board to provide temporary relief under sections 10705
and 11102 of this title.''.
SEC. 11. HOUSEHOLD GOODS COLLECTIVE ACTIVITIES.
Section 13703(d) of title 49, United States Code,
is amended by inserting ``(other than an agreement affecting only the
transportation of household goods, as defined on December 31, 1995)''
after ``agreement'' in the first sentence.
SEC. 12. AUTHORIZATION LEVELS.
There are authorized to be appropriated to the Surface
Transportation Board $16,000,000 for fiscal year 1999, $17,000,000 for
fiscal year 2000, $17,555,000 for fiscal year 2001, and $18,129,000 for
fiscal year 2002.
SEC. 13. CHAIRMAN DESIGNATED WITH SENATE CONFIRMATION.
Section 701(c)(1) of title 49, United States Code, is amended by
striking ``President'' and inserting ``President, by and with the
advice and consent of the Senate,''. | Surface Transportation Board Reauthorization and Improvement Act of 1999 - Amends Federal transportation law to declare that it is U.S. rail transportation policy to: (1) encourage and promote effective competition within the rail industry; and (2) discourage artificial barriers to interchange and car supply which can impede competition between shortline, regional, and Class I carriers and block effective rail service to shippers.
(Sec. 3) Extends from 30 days to 60 days (including an additional 60 day extension, but no longer than 18 months unless the Board requests an extension from Congress) the period of time that the Surface Transportation Board may direct the handling, routing, and movement of rail carrier traffic during emergency situations involving congestion of traffic, unauthorized cessation of operations, or other failure of traffic movement.
(Sec. 4) Directs the Board to: (1) review rules and procedures applicable to rate complaints and other complaints filed with it by small shippers; and (2) identify, and reduce or eliminate, any such rules or procedures that are unduly burdensome to them; and (3) notify specified congressional committees that such changes in the rules and procedures are appropriate.
(Sec. 5) Prohibits the Board from considering evidence of product or geographic competition when making market dominance determinations in rail rate proceedings.
(Sec. 6) Amends U.S. rail transportation policy to eliminate a requirement that the Board make a determination with respect to what are adequate revenues for rail carriers in the promotion of a safe and efficient rail transportation system. Requires the Board, in order to facilitate the process by which it gives due consideration to the policy that rail carriers shall earn adequate revenues, to convene a three-member panel of outside experts to make recommendations as to an appropriate methodology by which the adequacy of a carrier's revenues should be considered.
(Sec. 7) Provides for situations in which a shipper and rail carrier enter into a contract for transportation that requires a through route with the connecting carrier and there is no reasonable alternative route that can be constructed without the connecting carrier' participation. Requires a connecting carrier in such a situation, upon request, to establish a through route and a contract rate (bottleneck rate) for such transportation unless the connecting carrier shows that: (1) the interchange requested is not operationally feasible; or (2) the through route would significantly impair the connecting carrier's ability to serve its other traffic. Requires contract rate complaints to be limited to the rate that applies to the portion of the through route not governed by the contract.
(Sec. 8) Directs the Board to promulgate regulations adopting a simplified dispute resolution mechanism that will expedite (with a minimum of discovery) the arbitration of disputes before the Board (other than rate reasonableness cases that would be decided under constrained market pricing principles).
(Sec. 9) Requires the Board, in proceedings which involve the merger or control of at least two Class I railroads, to consider, among other things, means and methods to encourage and expand competition between and among rail carriers in the affected region or the national rail system. Authorizes the Board to impose conditions to encourage and expand such competition, provided that they do not cause substantial harm to the benefits of the transaction to the affected carriers or the public.
(Sec. 10) Authorizes the Board to grant temporary access relief to a rail carrier to through routes or terminal facilities in order to remedy inadequate rail service.
(Sec. 11) Excludes agreements affecting only the transportation of household goods from the requirement that Board approval of route and rate agreements between motor carriers expire within three years of such approval unless renewed.
(Sec. 12) Authorizes appropriations.
(Sec. 13) Requires Senate confirmation with respect to the appointment of the Board Chairman. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Information Health Insurance
Nondiscrimination Act of 1997''.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF
GENETIC INFORMATION.
(a) Group Coverage.--
(1) Amendments to public health service act.--
(A) Inclusion of genetic testing.--Section
2702(a)(1)(F) of the Public Health Service Act (42
U.S.C. 300gg-1(a)(1)(F)), as added by section 102(a) of
Health Insurance Portability and Accountability Act of
1996, is amended by inserting ``(or a request for, or
receipt of, genetic information or a genetic test)''
after ``genetic information''.
(B) Limitation on collection and disclosure of
genetic information.--Subpart 2 of part A of title
XXVII of the Public Health Service Act, as amended by
section 703(a) of Public Law 104-204, is amended by
adding at the end the following new section:
``SEC. 2706. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC
INFORMATION.
``(a) Limitation on Collection.--A health insurance issuer may not
request or require an individual to whom the issuer provides health
insurance coverage in connection with a group health plan (or an
individual who desires the issuer to provide health insurance coverage
in connection with a group health plan ), and a group health plan may
not request or require a participant or beneficiary under the plan (or
an individual who desires to become such a participant or beneficiary),
to disclose any genetic information or to obtain any genetic test.
``(b) Restriction on Disclosure.--Subject to subsection (c), a
health insurance issuer in connection with health insurance coverage
offered in connection with a group health plan and a group health plan
may not disclose genetic information about an individual (regardless of
how the information was obtained) without a prior written authorization
of the individual (or legal representative of the individual) that
includes--
``(1) a description of the information being disclosed,
``(2) the name of the individual or person to whom the
disclosure is being made, and
``(3) the purpose of the disclosure.
Such authorization is required for each disclosure.
``(c) Exceptions to Disclosure Restriction.--Genetic information
concerning an individual may be disclosed by a health insurance issuer
or group health plan if such disclosure--
``(1) is authorized under criminal laws relating to the
identification of individuals, or is authorized under Federal
or State law and is necessary for the purpose of a criminal or
death investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a multidisciplinary
child abuse team;
``(2) is required under the specific order of a court;
``(3) is authorized under law for the purpose of
establishing paternity;
``(4) is for the purpose of furnishing genetic information
relating to a decedent to the blood relatives of the decedent
for the purpose of medical diagnosis; or
``(5) is for the purpose of identifying a body.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(C) Definitions.--Section 2791(d) of the Public
Health Service Act (42 U.S.C. 300gg-91(d)) is amended
by adding at the end the following new paragraph:
``(15) Genetic information; genetic test.--(A) The term
`genetic information' means the information about genes, gene
products, or inherited characteristics that may derive from an
individual or a blood-relative of the individual.
``(B) The term `genetic test' means a test for determining
the presence or absence of genetic characteristics in an
individual.''.
(D) Conforming amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)), as amended by section
604(b)(2) of Public Law 104-204, is amended by striking
``section 2704'' and inserting ``sections 2704 and
2706''.
(2) ERISA amendments.--
(A) Inclusion of genetic testing.--Section
702(a)(1)(F) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1182(a)(1)(F)), as added by
section 101(a) of Health Insurance Portability and
Accountability Act of 1996, is amended by inserting
``(or a request for, or receipt of, genetic information
or a genetic test)'' after ``genetic information''.
(B) Limitation on collection and dislosure of
genetic information.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974, as amended by section 702(a) of Public Law
104-204, is amended by adding at the end the following
new section:
``SEC. 713. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC
INFORMATION.
``(a) Limitation on Collection.--A health insurance issuer may not
request or require an individual to whom the issuer provides health
insurance coverage in connection with a group health plan (or an
individual who desires the issuer to provide health insurance coverage
in connection with a group health plan ), and a group health plan may
not request or require a participant or beneficiary under the plan (or
an individual who desires to become such a participant or beneficiary),
to disclose any genetic information or to obtain any genetic test.
``(b) Restriction on Disclosure.--Subject to subsection (c), a
health insurance issuer in connection with health insurance coverage
offered in connection with a group health plan and a group health plan
may not disclose genetic information about an individual (regardless of
how the information was obtained) without a prior written authorization
of the individual (or legal representative of the individual) that
includes--
``(1) a description of the information being disclosed,
``(2) the name of the individual or person to whom the
disclosure is being made, and
``(3) the purpose of the disclosure.
Such authorization is required for each disclosure.
``(c) Exceptions to Disclosure Restriction.--Genetic information
concerning an individual may be disclosed by a health insurance issuer
or group health plan if such disclosure--
``(1) is authorized under criminal laws relating to the
identification of individuals, or is authorized under Federal
or State law and is necessary for the purpose of a criminal or
death investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a multidisciplinary
child abuse team;
``(2) is required under the specific order of a court;
``(3) is authorized under law for the purpose of
establishing paternity;
``(4) is for the purpose of furnishing genetic information
relating to a decedent to the blood relatives of the decedent
for the purpose of medical diagnosis; or
``(5) is for the purpose of identifying a body.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(C) Definitions.--Section 733(d) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1186(d)) is amended by adding at the end the following
new paragraph:
``(5) Genetic information; genetic test.--(A) The term
`genetic information' means the information about genes, gene
products, or inherited characteristics that may derive from an
individual or a blood-relative of the individual.
``(B) The term `genetic test' means a test for determining
the presence or absence of genetic characteristics in an
individual.''.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(D) Conforming amendments.--(i) Section 731(c) of
such Act (29 U.S.C. 1191(c)), as amended by section
603(b)(1) of Public Law 104-204, is amended by striking
``section 711'' and inserting ``sections 711 and 713''.
(ii) Section 732(a) of such Act (29 U.S.C.
1191a(a)), as amended by section 603(b)(2) of Public
Law 104-204, is amended by striking ``section 711'' and
inserting ``sections 711 and 713''.
(iii) The table of contents in section 1 of such
Act is amended by ins0erting after the item relating to
section 712 the following new item:
``Sec. 713. Limitation on collection and disclosure of genetic
information.''.
(3) Internal revenue code amendments.--
(A) Genetic information.--Section 9802(a)(1)(F) of
the Internal Revenue Code of 1986, as added by section
401(a) of the Health Insurance Portability and
Accountability Act of 1996, is amended by inserting
``(or a request for, or receipt of, genetic information
or a genetic test)'' after ``genetic information''.
(B) Definitions.--Section 9805(d) of such Act is
amended by adding at the end the following new
paragraph:
``(6) Genetic information; genetic test.--(A) The term
`genetic information' means the information about genes, gene
products, or inherited characteristics that may derive from an
individual or a blood-relative of the individual.
``(B) The term `genetic test' means a test for determining
the presence or absence of genetic characteristics in an
individual.''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act, as amended by section 605(a) of Public Law
104-204, is amended by inserting after section 2751 the following new
section:
``SEC. 2752. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC
INFORMATION.
``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 1998.
(2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date. | Genetic Information Health Insurance Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Regulates the collection and disclosure of genetic information by plans and issuers.
Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test.
Amends the Public Health Service Act to regulate the collection and disclosure of genetic information by health insurance issuers offering individual coverage. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Rapid Deployment
Police and Security Force Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) United States Presidential Decision Directive 71 calls
for a stronger United States response to maintaining order in
societies recovering from conflict. It aims to improve
coordination of United States efforts and to enhance the
ability of other countries, the United Nations, and regional
organizations to plan, mount, and sustain operations in support
of the rule of law.
(2) In a press briefing on February 24, 2000, Secretary of
State Madeleine Albright stated the following: ``The recent
slowness in deploying desperately needed civilian police to
Kosovo provides only the latest evidence that present
international capabilities are not adequate. And the ongoing
deployment of CIVPOL teams to East Timor and Sierra Leone show
that the need will not soon diminish. In response, we must
recognize that old models of peacekeeping don't always meet
current challenges. Peace operations today often require skills
that are neither strictly military nor strictly police but,
rather, a combination of the two. The international community
needs to identify and train units that are able to control
crowds, deter vigilante actions, prevent looting and disarm
civilian agitators while, at the same time, winning the trust
of the communities in which they are deployed.''.
(3) In his April 2000 report, ``We the Peoples, The Role of
the United Nations in the 21st Century'', United Nations
Secretary General Kofi Annan states that only member nations of
the United Nations can fix the ``structural weakness of United
Nations peace operations . . . Our system for launching
operations has sometimes been compared to a volunteer fire
department, but that description is too generous. Every time
there is a fire, we must first find fire engines and the funds
to run them before we can start dousing any flames. The present
system relies almost entirely on last minute, ad hoc
arrangements that guarantee delay, with respect to the
provision of civilian personnel even more so than military.
Although we have understandings for military standby
arrangements with Member States, the availability of the
designated forces is unpredictable and very few are in a state
of high readiness. Resource constraints preclude us even from
being able to deploy a mission headquarters rapidly.''.
(4) The December 1999 United Nations ``Report on the
Independent Inquiry into the Actions of the United Nations
During the 1994 Genocide in Rwanda'' indicates that in April
1994, the United Nations Security Council failed to deploy
5,500 United Nations peacekeepers to Rwanda within two weeks of
the initial violence, thereby allowing the conflict to
escalate. The 6-month estimated cost of the deployment would
have been $115,000,000. Instead, the genocide consumed 800,000
lives along with $2,000,000,000 in humanitarian aid.
(5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb
troops forced the retreat of Dutch United Nations peacekeepers
who were part of the United Nations Mission in Bosnia and
Herzegovina (UNMIBH) from a ``safe haven'', resulting in the
massacre of 7,000 Bosnian civilians and expulsion of 40,000
Bosnian civilians.
(6) The United Nations peacekeeping budget estimate for the
United Nations Mission in Bosnia and Herzegovina from July 1,
1997, to June 30, 1998, was $165,600,000, while the North
Atlantic Treaty Organization (NATO)-sponsored intervention in
the Serbian province of Kosovo cost $37,000,000 per day.
(7) In July 1999, 4,700 civilian police officers were
requested to be deployed to the Serbian province of Kosovo but,
as of April 17, 2000, the United Nations has deployed only
2,901 of the requested police officers, resulting in the
breakdown of law and order and the escalation of unrest in
Kosovo.
(8) In May 2000, Revolutionary United Front rebels in
Sierra Leone, in violation of the ceasefire and peace accords,
captured and held prisoner approximately 500 United Nations
Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons,
equipment, and vehicles of the peacekeepers were also seized.
The UNAMSIL force had been deployed too slowly and was
undertrained and understaffed, consisting of only 8,700
peacekeepers of the 11,000 peacekeepers requested by the United
Nations Security Council.
(9) On February 24, 2000, the United Nations Security
Council approved a United States-sponsored proposal to send
5,537 troops on an observer mission to the Democratic Republic
of the Congo (to be known as the United Nations Organization
Mission in the Democratic Republic of the Congo (MONUC)), a
Republic \1/3\ the size of the United States, to monitor the
implementation of the Lusaka accords. However, it will take at
least three months to deploy the required forces. On April 25,
2000, South African Foreign Minister Dlamini-Zuma urged rapid
deployment of the troops and stated ``[i]f deployment is very slow [the
accords] can fall apart . . . The troops should have been deployed a
long time ago.''.
(10) The United States has the power in the United Nations
Security Council to veto decisions that are not within the
national interests of the United States.
SEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND
SECURITY FORCE.
(a) Establishment.--The President shall direct the United States
representative to the United Nations to use the voice, vote, and
influence of the United States to urge the United Nations--
(1) to establish a United Nations Rapid Deployment Police
and Security Force that is rapidly deployable, under the
authority of the United Nations Security Council, and trained
to standardized objectives;
(2) to recruit personnel to serve in this Force; and
(3) to provide equitable and reliable funding for the
United Nations Rapid Deployment Police and Security Force.
(b) Mission Statement.--The United Nations Rapid Deployment Police
and Security Force should have a mission statement that provides for
the following:
(1) The United Nations Rapid Deployment Police and Security
Force will engage in operations when--
(A) the United Nations Security Council determines
that an imminent threat to the peace requires a
preventive deployment of forces and the Security
Council deems it as an appropriate response;
(B) the United Nations Security Council determines
ongoing gross violations of human rights or breaches of
the peace require rapid intervention by the
international community and the Security Council deems
it as an appropriate response;
(C) peace has been restored to a region but the
rule of law has not yet been reestablished and when
national civilian police or United Nations member
nations personnel are not available and the Security
Council deems it as an appropriate response; or
(D) the United Nations Rapid Deployment Police and
Security Force can utilize its personnel to help train
the military and civilian police of member nations of
the United Nations to better participate in
international peace operations.
(2) The United Nations Rapid Deployment Police and Security
Force will consist of not more than 6000 personnel who are--
(A) placed under the authority of the United
Nations Security Council;
(B) under the direction of the Secretary General of
the United Nations;
(C) deployed only by United Nations Security
Council resolution;
(D) volunteers from United Nations member nations
employed directly by the United Nations;
(E) trained as a single unit, appropriately
equipped, expressly for international peace operations
including civilian policing; and
(F) rapidly deployable.
(3) The United Nations Rapid Deployment Police and Security
Force will be organized as a sub-department within the United
Nations Department of Peacekeeping Operations or under the
control of the United Nations's Military Staff Committee and
will contain personnel trained as military staff officers and
civilian police officers to be deployed immediately to a
potential conflict area.
(4) The deployment of the United Nations Rapid Deployment
Police and Security Force will be limited to a maximum of 6
months, at which time the Police and Security Force would be
replaced by personnel supplied by United Nations member
nations.
(5) The basing and infrastructure service of the United
Nations Rapid Deployment Police and Security Force will be
leased from existing member nations' institutions.
SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY
FORCE.
Not later than 1 year after the date of enactment of this Act, the
President shall prepare and transmit to the Congress a report on the
progress of negotiations with the United Nations and its member nations
regarding the creation of a United Nations Rapid Deployment Police and
Security Force described in section 3.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``international peace operations'' means--
(A) any such operation carried out under chapter VI
or chapter VII of the Charter of the United Nations;
and
(B) any such United Nations operation that includes
civilian policing.
(2) The term ``rapidly deployable'' refers to the capacity
to deploy military or civilian personnel to a region undergoing
conflict within 15 days of the enactment of a United Nations
Security Council resolution authorizing a deployment. | Declares that the Force should have a mission statement that: (1) specifies when it will engage in operations, including when the Security Council determines that an imminent threat to the peace requires a preventive deployment or that ongoing gross violations of human rights or breaches of the peace require rapid intervention; (2) provides that the Force will consist of not more than 6,000 volunteers from UN member nations who will be deployed only by Security Council resolution; (3) provides that the Force will be organized as a sub-department within the UN Department of Peacekeeping Operations or under the control of the UN's Military Staff Committee; (4) limits Force deployment to a maximum of six months; and (5) requires its basing and infrastructure service to be leased from existing member nations' institutions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congenital Heart Futures
Reauthorization Act of 2015''.
SEC. 2. NATIONAL CONGENITAL HEART DISEASE SURVEILLANCE SYSTEM.
Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13)
is amended to read as follows:
``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH,
SURVEILLANCE, AND AWARENESS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall--
``(1) enhance and expand research and surveillance
infrastructure to study and track the epidemiology of
congenital heart disease (in this section referred to as
`CHD');
``(2) plan and implement a public outreach and education
campaign regarding CHD across the lifespan; and
``(3) award grants to eligible entities to undertake the
activities described in subsections (b) and (c).
``(b) National Congenital Heart Disease Cohort Study.--
``(1) In general.--The Director of the Centers for Disease
Control and Prevention shall plan, develop, implement, and
submit one or more reports to the Congress on a cohort study to
improve understanding of the epidemiology of CHD across the
lifespan, from birth to adulthood, with particular interest in
the following:
``(A) Health care utilization and natural history
of those affected by CHD.
``(B) Demographic factors associated with CHD, such
as age, race, ethnicity, gender, and family history of
individuals who are diagnosed with the disease.
``(C) Outcome measures, such that analysis of the
outcome measures will allow derivation of evidence-
based best practices and guidelines for CHD patients.
``(2) Permissible considerations.--The study under this
subsection may--
``(A) gather data on the health outcomes of a
diverse population of those affected by CHD;
``(B) consider health disparities among those
affected by CHD which may include the consideration of
prenatal exposures; and
``(C) incorporate behavioral, emotional, and
educational outcomes of those affected by CHD.
``(3) Public access.--Subject to paragraph (4), the data
generated from the study under this subsection shall be made
available to the public, including CHD researchers.
``(4) Patient privacy.--The Secretary shall ensure that the
study under this subsection is carried out in a manner that
complies with the requirements applicable to a covered entity
under the regulations promulgated pursuant to section 264(c) of
the Health Insurance Portability and Accountability Act of
1996.
``(c) Congenital Heart Disease Awareness Campaign.--
``(1) In general.--The Director of the Centers for Disease
Control and Prevention shall establish and implement an
awareness, outreach, and education campaign regarding CHD
across the lifespan. The information expressed through such
campaign shall--
``(A) emphasize that CHD is the most prevalent
birth defect;
``(B) identify CHD as a condition that affects
those diagnosed throughout their lives; and
``(C) promote the need for pediatric, adolescent,
and adult individuals with CHD to seek and maintain
lifelong, specialized care.
``(2) Permissible activities.--The campaign under this
subsection may--
``(A) utilize collaborations or partnerships with
other agencies, health care professionals, and patient
advocacy organizations that specialize in the needs of
individuals with CHD; and
``(B) include the use of print, film, and
electronic materials distributed via television, radio,
Internet, and other commercial marketing venues.
``(d) Eligibility for Grants.--To be eligible to receive a grant
under subsection (a)(3), an entity shall--
``(1) be a public or private nonprofit entity with
specialized experience in CHD; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $4,000,000 for each of fiscal
years 2016 through 2020.''.
SEC. 3. CONGENITAL HEART DISEASE RESEARCH.
Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is
amended to read as follows:
``SEC. 425. CONGENITAL HEART DISEASE.
``(a) In General.--The Director of the Institute may expand,
intensify, and coordinate research and related activities of the
Institute with respect to congenital heart disease, which may include
congenital heart disease research with respect to--
``(1) causation of congenital heart disease, including
genetic causes;
``(2) long-term outcomes in individuals with congenital
heart disease, including infants, children, teenagers, adults,
and elderly individuals;
``(3) diagnosis, treatment, and prevention;
``(4) studies using longitudinal data and retrospective
analysis to identify effective treatments and outcomes for
individuals with congenital heart disease; and
``(5) identifying barriers to lifelong care for individuals
with congenital heart disease.
``(b) Coordination of Research Activities.--The Director of the
Institute may coordinate research efforts related to congenital heart
disease among multiple research institutions and may develop research
networks.
``(c) Minority and Medically Underserved Communities.--In carrying
out the activities described in this section, the Director of the
Institute shall consider the application of such research and other
activities to minority and medically underserved communities.
``(d) Report From NIH.--Not later than 1 year after the date of
enactment of the Congenital Heart Futures Reauthorization Act of 2015,
the Director of NIH, acting through the Director of the Institute,
shall provide a report to Congress--
``(1) outlining the ongoing research efforts of the
National Institutes of Health regarding congenital heart
disease; and
``(2) identifying--
``(A) future plans for research regarding
congenital heart disease; and
``(B) the areas of greatest need for such
research.''. | Congenital Heart Futures Reauthorization Act of 2015 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Centers for Disease Control and Prevention (CDC), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and plan and implement a public outreach and education campaign. (Congenital heart disease is a condition caused by a heart defect that is present at birth.) The CDC must award grants to nonprofit entities to conduct: (1) a cohort study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes; and (2) an awareness, outreach, and education campaign regarding congenital heart disease. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research. | [
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] |
SECTION 1. INCLUSION OF HAZARDOUS DUTY PAY AND DIVING PAY IN
COMPUTATION OF MILITARY RETIRED PAY FOR MEMBERS OF THE
ARMED FORCES WITH EXTENSIVE HAZARDOUS DUTY EXPERIENCE.
(a) In General.--Chapter 71 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1415. Members with extensive hazardous duty experience: increase
in retired pay
``(a) Increase in Retired Pay for Qualifying Members.--The retired
pay of a member who performs qualifying hazardous duty and who retires
on or after the date of the enactment of this section shall be
increased by the amount determined under subsection (b).
``(b) Computation of Increase.--The amount of an increase in
retired pay under this section shall be the sum of the following:
``(1) Hazardous duty special pay.--If the member received
special pay under section 301 of title 37, the amount equal to
the product of--
``(A) the monthly amount of special pay under that
section as in effect for the final month for which the
member received that special pay; and
``(B) the fraction in which the numerator is the
number of months for which the member received such
special pay and the denominator is the total number of
months for which the member received basic pay.
``(2) Diving duty special pay.--If the member received
special pay under section 304 of title 37, the amount equal to
the product of--
``(A) the monthly amount of special pay under that
section as in effect for the final months for which the
member received that special pay; and
``(B) the fraction in which the numerator is the
number of months for which the member received such
special pay and the denominator is the total number of
months for which the member received basic pay.
``(c) Qualifying Members.--A member shall be considered to have
performed qualifying hazardous duty for purposes of this section if the
member received special pay under section 301 of title 37 (relating to
special pay for hazardous duty) or section 304 of title 37 (relating to
special pay for diving duty), or both, for not less than 60 months
(whether or not consecutive).
``(d) Treatment Under Other Provisions Relating to Retired Pay.--An
amount by which retired pay is increased under this section shall not
be considered to be retired pay for purposes of section 1408 of this
title or for purposes of the Survivor Benefit Plan under subchapter II
of chapter 73 of this title.
``(e) Retainer Pay.--In this section, the term `retired pay'
includes retainer pay payable under section 6330 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1415. Members with extensive hazardous duty experience: increase in
retired pay.''.
SEC. 2. COMPTROLLER GENERAL STUDY OF TAX CREDITS AND SMALL BUSINESS
LOAN CHANGES TO ASSIST BUSINESSES THAT EMPLOY GUARD AND
RESERVE MEMBERS.
(a) Study Required.--The Comptroller General shall conduct a study
to determine--
(1) whether members of the National Guard and Reserve
comprise a disproportionately large portion of the employees of
any size or type of business, including small business
concerns;
(2) the amount of Federal tax benefit that would be
appropriate to compensate such a business for costs associated
with employing members of National Guard and Reserve units and
having such members called to active duty; and
(3) whether changes can be made to the small business loan
program, such as a targeted level of loans, reduced interest
rates, and reduced paperwork burdens for loan applications, to
assist small business concerns to deal with the costs
associated with employing members of National Guard and Reserve
units and having such members called to active duty.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the study. The report shall include
legislative proposals--
(1) to provide the recommended tax benefit identified in
the study; and
(2) to modify the small business loan program to assist
small business concerns that employ members of National Guard
and Reserve units.
SEC. 3. SECRETARY OF DEFENSE REPORT ON EXPANSION OF JUNIOR ROTC AND
SIMILAR MILITARY PROGRAMS FOR YOUNG PEOPLE.
(a) Findings.--Congress finds that--
(1) the Junior Reserve Officers' Training Corps, the Civil
Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of
the Marine Corps League provide significant benefits for the
Armed Forces, including significant public relations benefits;
and
(2) there is substantial interest in expanding the scope of
those programs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report providing the Secretary's assessment of the
feasibility and desirability of expanding the Junior Reserve Officers'
Training Corps program of each of the military departments, the Civil
Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the
Marine Corps League. The report shall include such recommendations as
the Secretary considers appropriate for expansion of those programs
through an increase in the number of units or participants in those
programs, increased funding for those programs, or such other means as
the Secretary determines. | Includes hazardous duty pay and diving duty special pay received for at least 60 months as qualifying pay in the computation of military retired pay. Directs the Comptroller General to study the possibility of tax credits or small business loan incentives for businesses that employ National Guard and reserve personnel. Directs the Secretary of Defense to report to Congress on an assessment of the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps (ROTC) program of each of the military departments, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the Marine Corps League. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cargo Theft Deterrence Act of
1997''.
SEC. 2. INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER.
(a) In General.--Section 659 of title 18, United States Code, is
amended--
(1) by striking ``with intent to convert to his own use''
each place that term appears;
(2) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after
``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal
container, trailer, container freight station,
warehouse, or freight consolidation facility,'' after
``air navigation facility'';
(3) in the fifth undesignated paragraph--
(A) by striking ``one year'' and inserting ``3
years''; and
(B) by adding at the end the following:
``Notwithstanding the preceding sentence, the court
may, upon motion of the Attorney General, reduce any
penalty imposed under this paragraph with respect to
any defendant who provides information leading to the
arrest and conviction of any dealer or wholesaler of
stolen goods or chattels moving as or which are a part
of or which constitute an interstate or foreign
shipment.'';
(4) in the penultimate undesignated paragraph, by inserting
after the first sentence the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as
an interstate or foreign shipment at all points between the
point of origin and the final destination (as evidenced by the
waybill or other shipping document of the shipment), regardless
of any temporary stop while awaiting transshipment or
otherwise.''; and
(5) by adding at the end the following:
``It shall be an affirmative defense (on which the defendant bears
the burden of persuasion by a preponderance of the evidence) to an
offense under this section that the defendant bought, received, or
possessed the goods, chattels, money, or baggage at issue with the sole
intent to report the matter to an appropriate law enforcement officer
or to the owner of the goods, chattels, money, or baggage.''.
(b) Federal Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall amend the Federal sentencing guidelines to provide a sentencing
enhancement of not less than 2 levels for any offense under section 659
of title 18, United States Code, as amended by this section.
(c) Report to Congress.--The Attorney General shall annually submit
to Congress a report, which shall include an evaluation of law
enforcement activities relating to the investigation and prosecution of
offenses under section 659 of title 18, United States Code, as amended
by this section.
SEC. 3. ADVISORY COMMITTEE ON CARGO THEFT.
(a) Establishment.--
(1) In general.--There is established a Committee to be
known as the Advisory Committee on Cargo Theft (in this section
referred to as the ``Committee'').
(2) Membership.--
(A) Composition.--The Committee shall be composed
of 6 members, who shall be appointed by the President,
of whom--
(i) 1 shall be an officer or employee of
the Department of Justice;
(ii) 1 shall be an officer or employee of
the Department of Transportation;
(iii) 1 shall be an officer or employee of
the Department of the Treasury; and
(iv) 3 shall be individuals from the
private sector who are experts in cargo
security.
(B) Date.--The appointments of the initial members
of the Committee shall be made not later than 30 days
after the date of enactment of this Act.
(3) Period of appointment; vacancies.--Each member of the
Committee shall be appointed for the life of the Committee. Any
vacancy in the Committee shall not affect its powers, but shall
be filled in the same manner as the original appointment.
(4) Initial meeting.--Not later than 15 days after the date
on which all initial members of the Committee have been
appointed, the Committee shall hold its first meeting.
(5) Meetings.--The Committee shall meet, not less
frequently than quarterly, at the call of the Chairperson.
(6) Quorum.--A majority of the members of the Committee
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chairperson.--The President shall select 1 member of
the Committee to serve as the Chairperson of the Committee.
(b) Duties.--
(1) Study.--The Committee shall conduct a thorough study
of, and develop recommendations with respect to, all matters
relating to--
(A) the establishment of a national computer
database for the collection and dissemination of
information relating to violations of section 659 of
title 18, United States Code (as added by this Act);
and
(B) the establishment of an office within the
Federal Government to promote cargo security and to
increase coordination between the Federal Government
and the private sector with respect to cargo security.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Committee shall submit to the
President and to Congress a report, which shall contain a
detailed statement of results of the study and the
recommendations of the Committee under paragraph (1).
(c) Powers.--
(1) Hearings.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out the purposes of this section.
(2) Information from federal agencies.--The Committee may
secure directly from any Federal department or agency such
information as the Committee considers necessary to carry out
the provisions of this section. Upon request of the Chairperson
of the Committee, the head of such department or agency shall
furnish such information to the Committee.
(3) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Committee may accept, use, and dispose of
gifts or donations of services or property.
(d) Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal members.--Each member of the
Committee who is not an officer or employee of the
Federal Government 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
Committee.
(B) Federal members.--Each member of the Committee
who is an officer or employee of the United States
shall serve without compensation in addition to that
received for their service as an officer or employee of
the United States.
(2) Travel expenses.--The members of the Committee 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 Committee.
(3) Staff.--
(A) In general.--The Chairperson of the Committee
may, without regard to the civil service laws and
regulations, appoint and terminate an executive
director and such other additional personnel as may be
necessary to enable the Committee to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Committee.
(B) Compensation.--The Chairperson of the Committee
may fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such
title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(e) Termination.--The Committee shall terminate 90 days after the
date on which the Committee submits the report under subsection (b)(2).
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to the Committee to carry out the
purposes of this section.
(2) Availability.--Any sums appropriated under the
authorization contained in this section shall remain available,
without fiscal year limitation, until expended. | Cargo Theft Deterrence Act of 1997 - Amends the Federal criminal code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment.
Authorizes the court, upon motion of the Attorney General, to reduce any penalty imposed under such provisions for any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as, which are a part of, or which constitute, an interstate or foreign shipment.
Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination.
Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner.
Directs: (1) the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than two levels for any such offense; and (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses.
Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions; and (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reward Innovation in America Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means an entity with which the Secretary enters into
an agreement under section 4(e).
(2) Competition.--The term ``competition'' means a
competition for an innovation prize under the program described
in section 4(a).
(3) Innovation prize.--The term ``innovation prize'' means
a prize awarded to a participant who wins a competition.
(4) Participant.--The term ``participant'' means an
individual or entity that participates in a competition.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. NATIONAL INNOVATION PRIZES BOARD.
(a) Establishment.--There is established in the Department of
Commerce a National Innovation Prizes Board (referred to in this Act as
the ``Board'').
(b) Purposes.--The purposes of the Board are as follows:
(1) To develop and administer the program described in
section 4(a).
(2) To select the research topics for competitions.
(3) To establish the rules of the competitions and the
criteria for winning innovation prizes.
(4) To determine the amount of the innovation prize for
each competition.
(5) To certify the winners of the competitions.
(6) To determine the annual funding requirement for each
competition.
(c) Membership.--
(1) Number of members.--The Secretary shall determine the
number of members of the Board.
(2) Chair.--The Secretary, or a designee of the Secretary,
shall serve as Chair of the Board.
(3) Members.--
(A) From federal agencies.--The Secretary may
appoint the heads of Federal agencies to serve as full
members of the Board on a permanent basis.
(B) Non-federal members.--The Secretary may appoint
to the Board individuals who are not officers or
employees of the Federal Government and who have
national reputations in the private sector, policy
sector, or academic institutions.
(4) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Board shall serve for a term of 3
years.
(B) Initial terms.--The initial terms of members
described in paragraph (3)(B) shall be staggered.
(5) Vacancies.--A member of the Board described in
paragraph (3)(B) appointed to fill a vacancy occurring other
than by the expiration of a term shall be appointed for the
remainder of the term of the former member.
(6) Status.--Except as provided in paragraph (7), a member
described in paragraph (3)(B) shall not be deemed to be an
officer or employee of the United States for purposes of the
laws or regulations of the United States.
(7) Travel expenses.--A member described in paragraph
(3)(B) shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of the
Federal Government under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 4. INNOVATION PRIZES PROGRAM.
(a) In General.--The program described in this subsection means a
program of competitions to award innovation prizes to eligible
individuals and entities to advance the research, development, and
commercial application of innovative technologies.
(b) Eligible Individuals and Entities.--
(1) In general.--The term ``eligible individual or entity''
includes an individual, university, or small or large business
that complies with the requirements of paragraph (2).
(2) Requirements.--An eligible individual or entity--
(A) shall have complied with such eligibility
requirements for participation in a competition as the
Board may establish and publish in the Federal Register
under subsection (d)(2);
(B) in the case of a private entity, shall be
incorporated in and maintain a primary place of
business in the United States;
(C) in the case of an individual, whether
participating in the program singly or in a group,
shall be a citizen of, or an alien lawfully admitted
for permanent residence in, the United States; and
(D) may not be--
(i) a Federal entity, such as a federally
funded research and development center or a
government-owned, contractor-operated
laboratory;
(ii) a Federal employee acting within the
scope of employment; or
(iii) an employee of a national laboratory
acting within the scope of employment.
(3) Consultation with federal employees.--An individual or
entity shall not be deemed ineligible under this subsection
because such individual or entity used Federal facilities or
consulted with Federal employees during a competition if such
facilities and employees are made available to all individuals
and entities participating in the competition on an equitable
basis.
(c) Development of Program.--
(1) Plan.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology of the
House of Representatives a plan for implementing the program
described in subsection (a) that includes--
(A) a description of how the research topics for
competitions and the criteria for awarding the
innovation prizes will be determined;
(B) the terms and conditions of the competitions;
(C) the time frame for the award of innovation
prizes; and
(D) a description of the plans of the Secretary to
partner with nonprofit organizations or Federal
agencies to sponsor competitions or to outsource
administration of competitions to nonprofit
organizations under subsection (e).
(2) Innovation prizes.--In developing the plan under
paragraph (1), the Secretary shall include the following
requirements:
(A) Categories.--There shall be 2 categories of
innovation prizes as follows:
(i) 21st century innovation prizes.--21st
Century Innovation Prizes shall be awarded in
multiple competitions in different research
areas. The amount of each 21st Century
Innovation Prize award may not exceed
$2,000,000.
(ii) Innovate america grand challenge
prizes.--
(I) In general.--Innovate America
Grand Challenge Prizes shall be awarded
in large, highly complex, and expensive
competitions that--
(aa) are held every 2 to 4
years; and
(bb) address research
objectives well beyond the
current state of the art and
that are intended to become
integral to major changes in
complex socio-technological
systems.
(II) Amount of award.--The amount
of each Innovate America Grand
Challenge Prize award shall be
$5,000,000 or more, but not more than
$30,000,000.
(B) Awards.--The Board shall determine the amount
of each innovation prize for each competition and may
elect to award only a first place prize or to award
first, second, and third place prizes.
(d) Advertising and Notice to Participants.--
(1) Advertising.--The Board shall advertise each
competition widely to encourage broad participation in each
competition, including by individuals, universities (including
historically Black colleges and universities and other
institutions serving minorities), and large and small
businesses (including businesses owned or controlled by
socially and economically disadvantaged persons).
(2) Federal register notice.--The Board shall announce each
competition by publishing in the Federal Register a notice that
includes the subject of the competition, the duration of the
competition, the eligibility requirements for participation in
the competition, the process for participants to register for
the competition, the amount of the innovation prize, and the
criteria for awarding the innovation prize.
(e) Administering Competitions.--The Board may enter into an
agreement with a private, nonprofit organization to administer
competitions. The duties of the administering entity under the
agreement shall include--
(1) advertising competitions and the results of
competitions;
(2) raising funds from private entities and individuals to
pay for administrative costs of competitions and to contribute
to cash innovation prizes;
(3) working with the Board to develop the criteria for
selecting winners in competitions, based on goals provided by
the Secretary;
(4) determining, in consultation with the Board, the
appropriate amount of each innovation prize to be awarded;
(5) selecting judges for competitions using criteria
developed in consultation with the Board; and
(6) preventing the unauthorized use or disclosure of the
intellectual property, trade secrets, and confidential business
information of participants.
(f) Funding.--
(1) Funding sources.--
(A) In general.--Innovation prizes awarded under
the program described in subsection (a) shall consist
of--
(i) funds authorized to be appropriated
under section 6; and
(ii) any funds raised by the administering
entity under subsection (e)(2).
(B) Federal agencies.--The Secretary may accept
funds from other Federal agencies for innovation
prizes.
(2) Funding from other entities.--
(A) In general.--The Board is authorized to enter
into agreements with other entities, including
corporations, nonprofit organizations, and other
government agencies, to offer joint innovation prizes
if--
(i) the joint innovation prize supports the
purposes of this Act;
(ii) the entity offering additional funds
agrees to deposit the funds into a designated
escrow account; and
(iii) the Board retains full authority over
the competition and the awarding of the cash
innovation prizes.
(B) Prohibition on special consideration in return
for donations.--The Secretary may not give any special
consideration to any private sector entity or
individual in return for a donation to the
administering entity to fund a competition.
(3) Announcement of innovation prizes contingent on
funding.--
(A) In general.--The Secretary may not publish the
notice in the Federal Register required by subsection
(d)(2) until all the funds necessary to pay the
innovation prize have been appropriated or committed in
writing.
(B) Increases in amount of innovation prize.--The
Secretary may increase the amount of an innovation
prize after an initial announcement is made under
subsection (d)(2) if--
(i) notice of the increase is published in
the Federal Register; and
(ii) the funds needed to pay the amount of
the increase have been appropriated or
committed in writing.
(g) Liability.--
(1) Waiver of liability.--
(A) In general.--The Secretary may require
participants to waive claims against the Federal
Government and the administering entity (except claims
for willful misconduct) for any injury, death, damage,
or loss of property, revenue, or profits arising from
participation in a competition.
(B) Notice.--The Secretary shall give notice of any
waiver required under subparagraph (A) in the notice
published in the Federal Register under subsection
(d)(2).
(C) Exception.--The Secretary may not require a
participant to waive claims against the administering
entity arising out of the unauthorized use or
disclosure by the administering entity of the
intellectual property, trade secrets, or confidential
business information of the participant.
(2) Liability insurance.--
(A) Requirements.--A participant shall be required
to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary,
for claims by--
(i) a third party for death, bodily injury,
or property damage or loss resulting from an
activity carried out in connection with
participation in a competition; and
(ii) the Federal Government for damage or
loss to Government property resulting from
participation in a competition.
(B) Federal government insured.--The Federal
Government shall be named as an additional insured
under an insurance policy required under subparagraph
(A). A registered participant shall be required to
agree to indemnify the Federal Government against third
party claims for damages arising from or related to
participation in a competition.
(h) Intellectual Property.--
(1) Prohibition on the government acquiring intellectual
property rights.--The Federal Government may not gain an
interest in intellectual property developed by a participant
for a competition.
(2) Licenses.--The Federal Government may negotiate a
license for the use of intellectual property developed by a
participant for a competition.
SEC. 5. REPORT.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science and Technology of the House of Representatives
a report describing the activities of the program described in section
4(a), including--
(1) a description of the methods used to select the
research topics of competitions and the amounts of the
innovation prizes;
(2) a discussion of the features of competitions that
contribute to the success or lack of success of the
competitions;
(3) the number of participants involved in the
competitions;
(4) the amount of private funds contributed to the program
and the sources of such funds;
(5) the effect of the program on public awareness of
innovation; and
(6) the effect of the program on the public image of the
Department of Commerce.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Awards.--There are authorized to be appropriated to the
Secretary to carry out the provisions of this Act--
(A) for each of fiscal years 2008 through 2012,
$5,000,000 for awards described in section
4(c)(2)(A)(i); and
(B) for fiscal year 2008, $30,000,000 for awards
described in section 4(c)(2)(A)(ii).
(2) Administration.--In addition to the amounts authorized
to be appropriated under paragraph (1), there are authorized to
be appropriated to the Secretary for each of fiscal years 2008
through 2012 $750,000 for the administrative costs of carrying
out this Act.
(b) Carryover of Funds.--Funds appropriated to carry out the
provisions of this Act shall remain available until expended. | Reward Innovation in America Act - Establishes a National Innovation Prizes Board in the Department of Commerce, which shall develop and administer a program of competitions to award innovation prizes to eligible individuals and entities to advance the research, development, and commercial application of innovative technologies.
Requires the Secretary of Commerce to submit a plan for implementing such program. Requires that there be two categories of prizes: (1) 21st Century Innovation Prizes, which shall be awarded in multiple competitions in different research areas; and (2) Innovate America Grand Challenge Prizes, which shall be awarded in large, highly complex, and expensive competitions that are held every two to four years and address research objectives well beyond the current state of the art and that are intended to become integral to major changes in complex socio-technological systems. Requires the Board to determine the amount of each prize for each competition.
Instructs the Board to: (1) advertise competitions widely to encourage broad participation; and (2) publish notices of competitions in the Federal Register.
Authorizes the Board to enter into an agreement with a private, nonprofit organization to administer competitions.
Specifies that prizes awarded under the program shall consist of: (1) funds authorized to be appropriated pursuant to this Act; and (2) any funds raised by the administering entity to pay for administrative costs of competitions and to contribute to cash prizes.
Requires the Secretary to submit annual reports describing the activities of the program. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer and Retail Sales Stimulus
Act of 2001''.
SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS.
(a) In General.--The Secretary shall reimburse each State for the
amount of State and local sales tax payable and not collected during
the sales tax holiday period.
(b) Determination and Timing of Reimbursement.--
(1) Predetermined amount.--Not later than 30 days after the
expiration of the sales tax holiday period, the Secretary shall
pay to each State an amount equal to the sum of--
(A)(i) the amount of State and local sales tax
payable and collected in such State during the same
period in 2000 as the sales tax holiday period, times
(ii) an acceleration factor equal to 1.73, plus
(B) an amount equal to 1 percent of the amount
determined under subparagraph (A) for State
administrative costs.
(2) Reconciliation amount.--Not later than 60 days after
the expiration of the sales tax holiday period, the Secretary
shall pay to each electing State under subsection (c)(2) an
amount equal to the excess (if any) of--
(A) the amount of State and local sales tax payable
and not collected in such State during the sales tax
holiday period, over
(B) the amount determined under paragraph (1)(A)
and paid to such State.
(c) Requirement for Reimbursement.--The Secretary may not pay a
reimbursement under this section unless--
(1) the chief executive officer of the State informs the
Secretary, not later than 10 days after the date of the
enactment of this Act, of the intention of the State to qualify
for such reimbursement by not collecting sales tax payable
during the sales tax holiday period,
(2) in the case of a State which elects to receive the
reimbursement of a reconciliation amount under subsection
(b)(2)--
(A) the chief executive officer of the State
informs the Secretary and the Director of Management
and Budget and the retail sellers of tangible property
in such State, not later than 10 days after the date of
the enactment of this Act, of the intention of the
State to make such an election,
(B) the chief executive officer of the State
informs the retail sellers of tangible property in such
State, not later than 10 days after the date of the
enactment of this Act, of the intention of the State to
make such an election and the additional information
(if any) that will be required as an addendum to the
standard reports required of such retail sellers with
respect to the reporting periods including the sales
tax holiday period,
(C) the chief executive officer reports to the
Secretary and the Director of Management and Budget,
not later than 45 days after the expiration of the
sales tax holiday period, the amount determined under
subsection (b)(2) in a manner specified by the
Secretary,
(D) if amount determined under subsection (b)(1)(A)
and paid to such State exceeds the amount determined
under subsection (b)(2)(A), the chief executive officer
agrees to remit to the Secretary such excess not later
than 60 days after the expiration of the sales tax
holiday period, and
(E) the chief executive officer of the State
certifies that such State--
(i) in the case of any retail seller unable
to identify and report sales which would
otherwise be taxable during the sales tax
holiday period, shall treat the reporting by
such seller of sales revenue during such
period, multiplied by the ratio of taxable
sales to total sales for the same period in
2000 as the sales tax holiday period, as a good
faith effort to comply with the requirements
under subparagraph (B), and
(ii) shall not treat any such retail seller
of tangible property who has made such a good
faith effort liable for any error made as a
result of such effort to comply unless it is
shown that the retailer acted recklessly or
fraudulently,
(3) in the case of any home rule State, the chief executive
officer of such State certifies that all local governments that
impose sales taxes in such State agree to provide a sales tax
holiday during the sales tax holiday period,
(4) the chief executive officer of the State agrees to pay
each local government's share of the reimbursement (as
determined under subsection (d)) not later than 20 days after
receipt of such reimbursement, and
(5) in the case of not more than 20 percent of the States
which elect to receive the reimbursement of a reconciliation
amount under subsection (b)(2), the Director of Management and
Budget certifies the amount of the reimbursement required under
subsection (b)(2) based on the reports by the chief executive
officers of such States under paragraph (2)(C).
(d) Determination of Reimbursement of Local Sales Taxes.--For
purposes of subsection (c)(4), a local government's share of the
reimbursement to a State under this section shall be based on the ratio
of the local sales tax to the State sales tax for such State for the
same time period taken into account in determining such reimbursement,
based on data published by the Bureau of the Census.
(e) Definitions.--For purposes of this section--
(1) Home rule state.--The term ``home rule State'' means a
State that does not control imposition and administration of
local taxes.
(2) Local.--The term ``local'' means a city, county, or
other subordinate revenue or taxing authority within a State.
(3) Sales tax.--The term ``sales tax'' means--
(A) a tax imposed on or measured by general retail
sales of taxable tangible property, or services
performed incidental to the sale of taxable tangible
property, that is--
(i) calculated as a percentage of the
price, gross receipts, or gross proceeds, and
(ii) can or is required to be directly
collected by retail sellers from purchasers of
such property,
(B) a use tax, or
(C) the Illinois Retailers' Occupation Tax, as
defined under the law of the State of Illinois,
but excludes any tax payable with respect to food and beverages
sold for immediate consumption on the premises, beverages
containing alcohol, and tobacco products.
(4) Sales tax holiday period.--The term ``sales tax holiday
period'' means the 30-day period beginning on the 21st day
occurring after the date of the enactment of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, or the Commonwealth of Puerto
Rico.
(7) Use tax.--The term ``use tax'' means a tax imposed on
the storage, use, or other consumption of tangible property
that is not subject to sales tax. | Consumer and Retail Sales Stimulus Act of 2001 - Directs the Secretary of the Treasury to reimburse States for the amount of State and local sales tax payable and not collected during the sales tax holiday period. Sets forth requirements and formulae for determining the amount and timing of reimbursement. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right to Know
Act''.
SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT
TO CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in 2001, and each year thereafter, prepare,
publish, and distribute, through appropriate publications or
mailings, to all current students and employees, and to any
applicant for enrollment or employment upon request, an annual
fire safety report containing at least the following
information with respect to the campus fire safety practices
and standards of that institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether or not
each such facility is equipped with a fire sprinkler
system or another equally protective fire safety
system.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding calendar years for which
data are available, of fires and false fire alarms.
``(C) For each such occurrence, a statement of the
human injuries or deaths and the structural damage
caused by the occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols, rules on portable electrical appliances,
smoking and open flames (such as candles), regular
mandatory supervised fire drills, and planned and
future improvement in fire safety.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(3) Reports.--Each institution participating in any
program under this title shall make timely reports to the
campus community on fires that are reported to local fire
departments and the incidence of false fire alarms on campus.
Such reports shall be provided to students and employees in a
manner that is timely and that will aid in the prevention of
similar occurrences.
``(4) Logs.--Each institution participating in any program
under this title shall make, keep, and maintain a log, written
in a form that can be easily understood, recording all fires
reported to local fire departments, including the nature, date,
time, and general location of each fire, and all false fire
alarms. All entries that are required pursuant to this
paragraph shall, except where disclosure of such information is
prohibited by law, be open to public inspection.
``(5) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with representatives of
institutions of higher education, identify exemplary
fire safety policies, procedures, and practices and
disseminate information concerning those policies,
procedures, and practices that have proven effective in
the reduction of campus fires.
``(6) Definition of campus.--In this subsection the term
`campus' has the meaning provided in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Education shall prepare and submit to the Congress a
report containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college and
university facilities, including recommendations for methods to
fund such cost. | Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations. | [
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] |
SECTION 1. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``advisory committee''
means the advisory committee established by the Secretary under
section 2(b).
(2) Columbia/snake river basin.--The term ``Columbia/Snake
River Basin'' means the basin of the Columbia River and Snake
River in the States of Idaho, Montana, Oregon, and Washington.
(3) Council.--The term ``Council'' means the Pacific
Northwest Electric Power and Conservation Planning Council
established under the Pacific Northwest Electric Power and
Conservation Planning Act (16 U.S.C. 839 et seq.).
(4) Federal agency.--The term ``Federal agency'' means--
(A) the Bonneville Power Administration in the
Department of Energy;
(B) the Bureau of Land Management, Bureau of
Reclamation, United States Fish and Wildlife Service,
and the Bureau of Indian Affairs in the Department of
the Interior;
(C) the National Marine Fisheries Service in the
Department of Commerce;
(D) the Army Corps of Engineers in the Department
of the Army;
(E) the Forest Service and the Natural Resource
Conservation Service in the Department of Agriculture;
and
(F) the Environmental Protection Agency.
(5) Memorandum of understanding.--The term ``memorandum of
understanding'' means any written or unwritten agreement
between or among 1 or more of the Federal agencies and 1 or
more State or local government agencies, 1 or more Indian
tribes, or 1 or more private persons or entities--
(A) concerning the manner in which any authority of
a Federal agency under any law is to be exercised
within the Columbia/Snake River Basin; or
(B) for the purpose of formulating recommendations
concerning the manner in which any such authority
should be exercised.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. CONDITIONS ON MEMORANDUM OF UNDERSTANDING.
(a) In General.--The Bonneville Power Administration or any other
Federal agency, acting individually or with 1 or more of the other
Federal agencies, shall not enter into or implement a memorandum of
understanding unless all of the conditions stated in this section are
met.
(b) Advisory Committee.--
(1) Establishment.--The Secretary shall establish an
advisory committee under the Federal Advisory Committee Act (5
U.S.C. App.) to advise the Federal agencies with respect to
matters to be addressed under any memorandum of understanding,
including the economic and social impacts of proposed
activities or recommendations.
(2) Membership.--The advisory committee shall be composed
of--
(A) 1 representative of the large industrial
customers served directly by the Bonneville Power
Administration;
(B) 1 representative of the preference power
customers that purchase power from the Bonneville Power
Administration;
(C) 1 representative of non-Federal utilities that
have hydropower generation on the Columbia River or
Snake River;
(D) 1 irrigator that receives water diverted from a
Federal water project on the Snake River;
(E) 1 irrigator that receives water diverted from a
Federal water project on the Columbia River or a
tributary of the Columbia River (other than a tributary
that is also a tributary of the Snake River);
(F) 1 private forest land owner;
(G) 1 representative of the commercial fishing
industry;
(H) 1 representative of the sport fishing industry;
(I) 1 representative of the environmental
community;
(J) 1 representative of a river port upstream of
Bonneville Dam;
(K) 1 representative of shippers that ship from
places upstream of any lock on the Columbia River;
(L) 1 representative of persons that hold Federal
grazing permits; and
(M) 1 representative of county governments from
each of the States of Oregon, Washington, Idaho, and
Montana.
(3) Manner of appointment.--The members of the advisory
committee shall be appointed by the Secretary of the Interior
from among persons nominated by the Governors of the States of
Idaho, Montana, Oregon, and Washington.
(4) Chairperson.--At the first meeting of the advisory
committee, the members shall select 1 of the members to serve
as chairperson, on a simple majority vote.
(5) Compensation.--A member of the advisory committee shall
serve without compensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the
performance of duties of the advisory committee.
(6) Support.--The Secretary shall--
(A) provide such office space, furnishings and
equipment as may be required to enable the advisory
committee to perform its functions; and
(B) furnish the advisory committee with such staff,
including clerical support, as the advisory committee
may require.
(7) Opportunity to formulate and present views.--The
advisory committee shall be afforded a reasonable opportunity
to--
(A) attend each meeting convened under the
memorandum of understanding; and
(B) formulate and present its views on each matter
addressed at the meeting.
(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out the activities of the advisory
committee a total of $1,000,000 during the period in which the
advisory committee is in existence.
(9) Termination.--The advisory committee shall terminate on
termination of the memorandum of understanding.
(c) Reconciliation of Differences.--The Director of the Office of
Management and Budget shall designate an official who, at the request
of a non-Federal party to any memorandum of understanding, shall have
authority to reconcile differences between the Federal agencies on any
issue relating to activities addressed under the memorandum of
understanding.
(d) Public Availability of Data and Methodologies.--Each Federal
agency shall publish and make available to the public, through use of
the Internet and by other means--
(1) all scientific data that are prepared by or made
available to the Federal agency for use for the purpose of
formulating recommendations regarding any matter addressed
under any memorandum of understanding; and
(2) all methodologies that are prepared by or made
available to the Federal agency for the purpose of assessing
the cost or benefit of any activity addressed under any
memorandum of understanding.
(e) Reporting by the Council.--
(1) In general.--Not later than 30 days before the
beginning of each fiscal year, the Council shall submit to
Congress a report that describes how the recommendations on
fish and wildlife activities under any memorandum of
understanding during the fiscal year will be reconciled and
coordinated with activities of the Council under the Pacific
Northwest Electric Power and Conservation Planning Act (16
U.S.C. 839 et seq.).
(2) Cooperation.--Each Federal agency that is a party to a
memorandum of understanding shall provide the Council such
information and cooperation as the Council may request to
enable the Council to make determinations necessary to prepare
a report under paragraph (1).
SEC. 3. BUDGET INFORMATION.
(a) In General.--The President shall include in each budget of the
United States Government for a fiscal year submitted under section 1105
of title 31, United States Code, a separate section that states for
each Federal agency the amount of budget authority and outlays proposed
to be expended in the Columbia/Snake River Basin (including a pro rata
share of overhead expenses) for the fiscal year.
(b) Itemization.--The statement of budget authority and outlays for
the Columbia/Snake River Basin under subsection (a) for each Federal
agency shall be stated in the same degree of specificity for each
category of expense as in the statement of budget authority and outlays
for the entire Federal agency elsewhere in the budget. | Prescribes conditions under which the Bonneville Power Administration or any other Federal agency may enter into or implement a memorandum of understanding. Requires the Secretary of the Interior to establish an advisory committee to advise Federal agencies regarding matters addressed under any such memorandum, including the economic and social impact of proposed activities or recommendations. Instructs the Secretary to appoint committee members from among the persons nominated by the Governors of Idaho, Montana, Oregon, and Washington. Authorizes appropriations.
Instructs the Director of the Office of Management and Budget, upon the request of a non-Federal party to such a memorandum, to designate an official authorized to reconcile differences between the Federal agencies on issues pertinent to the memorandum.
Requires each Federal agency to make available to the public all data and methodologies prepared under such a memorandum.
Directs the Pacific Northwest Electric Power and Conservation Planning Council to report annually to the Congress on how the recommendations concerning fish and wildlife activities under the current memorandum of understanding will be reconciled and coordinated with its activities under the Pacific Northwest Electric Power and Conservation Planning Act.
Requires the President to include in each fiscal year budget for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia-Snake River Basin. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clearwater Basin Project Act''.
SEC. 2. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Advisory panel.--The term ``advisory panel'' means the
Clearwater Advisory Panel, established by the Secretary under
section 3.
(2) Pilot project.--The term ``pilot project'' means the
Clearwater Basin Pilot Project authorized by section 4.
(3) Pilot project area.--The term ``pilot project area''
means the area described in section 4(a) in which the pilot
project will be conducted.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Stewardship contract.--The term ``stewardship
contract'' means a contract to achieve land management goals
for National Forest System lands as described in section 347 of
the Department of Interior and Related Agencies Appropriations
Act, 1999 (16 U.S.C. 2104 note).
(6) Stewardship objectives.--The term ``stewardship
objectives'' means objectives that enhance forest ecosystems,
and restore and improve land health water quality such as--
(A) road, trail, and infrastructure maintenance or
obliteration;
(B) soil productivity improvement;
(C) improvements in forest ecosystem health;
(D) watershed restoration and maintenance;
(E) restoration, maintenance and improvement of
wildlife and fish habitat;
(F) control of noxious weeds; and
(G) reestablishment of native species.
SEC. 3. CLEARWATER ADVISORY PANEL.
(a) Establishment and Purpose.--The Secretary shall establish an
advisory group, to be known as the ``Clearwater Advisory Panel'', for
the purpose of improving collaborative relationships and providing
advice and recommendations to the Forest Service regarding the
Clearwater Basin pilot project and activities under the pilot project,
as authorized by and consistent with this Act.
(b) Duties.--The advisory panel shall--
(1) review and make recommendations to the Forest Service
regarding activities proposed for high priority implementation
as part of the pilot project;
(2) provide early and continuous coordination with
appropriate Forest Service and other agency officials in
reviewing and recommending activities for high priority
implementation; and
(3) provide frequent opportunities for citizens,
organizations, tribes, agencies, and other interested parties
to participate in all stages of the activity schedule
development process.
(c) Appointment of Members.--
(1) Appointment and term.--No later than 90 days after the
date of enactment of this Act, and consistent with subsection
(d), the Secretary shall appoint the members of the advisory
panel and each member shall serve without compensation for a
term of three years beginning on the date of appointment. The
Secretary may reappoint members to subsequent three-year terms.
(2) Vacancies.--The Secretary shall make appointments to
fill vacancies on the advisory panel as soon as practicable
after the vacancy has occurred.
(d) Composition of Advisory Panel.--The advisory panel shall
be comprised of 15 members who shall be representative of the interests
of the following categories:
(1) Category i.--
(A) organized labor;
(B) developed outdoor recreation, off highway
vehicle users, or commercial recreation activities;
(C) energy and mineral development interests;
(D) commercial timber industry; and
(E) Federal grazing permit holders, or other land
use permit holders within the pilot project area.
(2) Category ii.--
(A) national environmental organizations;
(B) regional or local environmental organizations;
(C) dispersed recreational activities;
(D) archaeological and historical interests; and
(E) national or regional fish and wildlife interest
groups.
(3) Category iii.--
(A) State elected officeholders or their designee;
(B) county or local elected officeholders;
(C) Indian Tribes within or adjacent to the pilot
project area;
(D) school officials or teachers; and
(E) the affected public at large.
(4) Balanced representation.--The Secretary shall provide
for balanced representation from among the categories described
in paragraphs (1), (2), and (3).
(5) Geographic distribution.--The members of the advisory
panel shall reside within the State of Idaho, and to the extent
practicable, within or adjacent to the pilot project area.
(e) Approval Procedures.--
(1) Establishment.--Subject to paragraph (2) and the other
requirements of this Act, the advisory panel shall establish
procedures for proposing, developing, and reviewing activities
and schedules for recommendation to the Forest Service for
approval and implementation under the pilot project. A majority
must be present to constitute an official meeting of the
advisory panel.
(2) Majority vote.--An activity or schedule may be
recommended by the advisory panel to the applicable Forest
Supervisor for approval and implementation under the pilot
program if it is approved by a majority of the advisory panel
members from each of the three categories described in
subsection (d).
(f) Other Authorities and Requirements.--
(1) Chairperson.--A majority of the advisory panel shall
select a chairperson.
(2) Staff assistance.--The Secretary may provide staff
assistance to the advisory panel from employees under the
jurisdiction of the Secretary.
(3) Meetings.--All meetings of the advisory panel shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public. Records of the meetings
shall be retained and made available for public inspection.
SEC. 4 CLEARWATER BASIN PILOT PROJECT.
(a) Pilot Project Authorized.--The Secretary may conduct a pilot
project under this section, to be known as the ``Clearwater Basin pilot
project'', on those National Forest System land encompassed by the
North Fork, Powell, and Lochsa Ranger Districts of the Clearwater
National Forest in the State of Idaho, and the Red River/Elk City,
Moose Creek and Clearwater Ranger Districts of the Nez Perce National
Forest in the State of Idaho.
(b) Role of Advisory Panel.--The advisory panel shall review and
recommend activities for high priority implementation of stewardship
objectives within the pilot project area, for which funding is
authorized under this Act or other laws.
(c) Stewardship Contracts.--A total of three stewardship contracts
are authorized for recommendation by the advisory panel and for
approval and implementation in accordance with, and to achieve the
purposes of, the pilot project. These contracts are in addition to any
stewardship contracts authorized under any other law.
(d) Activity Schedules.--
(1) Development.--Within two years after the date of the
enactment of this Act, the advisory panel shall develop and
submit for Forest Supervisor review schedules of high priority
activities to be commenced within the pilot project area for
the ensuing five-year period. Separate schedules shall be developed for
the Clearwater National Forest portion of the pilot project area.
Thereafter, the advisory panel shall develop and submit in advance
schedules for subsequent five-year periods.
(2) Consultation.--The advisory panel shall develop each
five-year schedule in consultation with, and with technical
assistance from, the applicable Forest Supervisor and the Nez
Perce Tribe. The Forest Service shall ensure that the
activities in the schedules are consistent with treaty and any
other obligations to the Tribe.
(3) Content.--Each five-year schedule shall be in
sufficient detail to describe the high priority activities to
be conducted in the pilot project area over the five-year
period and the timing for their implementation, and to allow
reasonable site-specific, project-level evaluation of their
environmental effects. The scope of the activities included in
each schedule shall be reasonably adjusted to the extent that
the advisory panel and applicable Forest Supervisor determine
necessary to allow such evaluation to be completed within the
time periods provided by this Act.
(4) Consistency with forest plan.--The activities included
within the five-year schedules shall be consistent with the
applicable forest land and resource management plan. The
schedule may include any amendment of the applicable forest
land and resource management plan that the advisory panel
recommends or that the applicable Forest Supervisor determines
is necessary to allow or facilitate implementation of one or
more activities in the schedule.
(f) NEPA Requirements and Related Procedures.--
(1) Process.--The Forest Service shall conduct any
applicable procedures under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the
activities in each five-year schedule, tiered to the
environmental impact statement for the applicable forest land
and resource management plan. The procedures under such Act,
and any review, consultation, or coordination under other laws,
including the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and National Historic
Preservation Act (16 U.S.C. 470), shall be completed within one
year after the Forest Service, in consultation with the North
Central Idaho resource advisory committee, issues the public
scoping notice regarding the proposed schedule.
(2) Resources.--The Forest Service, and any other Federal
agencies involved in the process described in paragraph (1),
shall provide sufficient personnel and other resources,
directly or through contracting, to complete the review,
consultation, or coordination within the required one-year
period, and without substantially delaying implementation of
other forest management activities in Region 1 of the Forest
Service. The Forest Service and other involved agencies may
rely upon or use any analysis, documents, or procedures
previously performed under the National Environmental Policy
Act of 1969 or other law for any activity in the schedule.
(3) Effect of failure to complete process.--If any review,
consultation, or coordination required under the National
Environmental Policy Act of 1969 or other law has not been
completed for a schedule within the required one-year period,
the lack of completion shall not be a basis for challenging or
delaying submittal, approval, or implementation of an activity
in the schedule, if the applicable Forest Supervisor, in
consultation with the advisory panel, finds that sufficient
review, consultation, and coordination regarding the activity
has occurred and a sufficient record exists to make a reasoned
decision regarding approval of the activity.
(g) Review by Forest Supervisor.--
(1) Submission.--The advisory panel shall submit a final
recommendation regarding each five-year schedule, together with
the record of the review, consultation, and coordination
performed under subsection (f) for the schedule, to the
applicable Forest Supervisor for review. The final
recommendation and record shall be submitted to the Forest
Supervisor at least 30 days in advance of the date for
commencing implementation of activities under the schedule.
(2) Review.--Within 30 days after receiving the schedule
and record from the advisory panel, the Forest Supervisor shall
issue a project or activity decision document regarding review
of the recommended schedule in accordance with the National
Environmental Policy Act of 1969 and any other applicable
procedures. In the decision document, the Forest Supervisor may
approve the schedule, or disapprove the schedule and return it
to the advisory panel for further consideration with
instructions. If the Forest Supervisor has not issued a
decision document upon expiration of the 30-day period, the schedule
shall be deemed approved by the Forest Supervisor and subject to
administrative appeal under Department of Agriculture procedures
applicable to Forest Service project or activity record of decision or
decision notice documents issued pursuant to the National Environmental
Policy Act of 1969.
(h) Implementation.--Upon approval of the schedule, but subject to
any stay that may be in effect pursuant to Forest Service project or
activity administrative appeal procedures, the Forest Service may issue
any permits, contracts, or other authorizations for activities in the
schedule without further review, consultation, or coordination under
the National Environmental Policy Act of 1969 or other laws.
(i) Activities Not Included in a 5-Year Schedule; Amendment of
Schedule.--An activity that the advisory panel determines should
proceed in advance of approval of the first five-year schedule, or an
activity in the pilot project area that is not included in a five-year
schedule, may be approved and implemented on an individual or group
basis, upon completing the process and requirements for review and
approval of a five-year schedule. A five-year schedule may be amended
upon completed the process and requirements for review and approval of
the schedule.
(j) Relation to Other Schedules, Plans, and Activities.--The five-
year schedules and activities authorized under the pilot project shall
supplement other schedules plans and projects or other activities
authorized and implemented under other law. Upon advisory panel
recommendation and applicable Forest Supervisor approval, an activity
that is included in another schedule or plan or proposed, authorized,
or funded under other law may be authorized and implemented as an
activity under the pilot project, if the activity meets the
requirements of this section for implementation as a high priority
activity.
SEC. 5. MONITORING AND REPORTING REQUIREMENTS.
(a) Report on Applicable Rules and Regulations.--The advisory panel
may submit to the Secretary, the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives a compilation of regulations applicable to the pilot
project that the advisory panel determines are inappropriate for the
pilot project, incompatible with the pilot project, or unduly
burdensome in conducting the pilot project.
(b) Monitoring; Annual Report on the Project.--The Secretary shall
monitor the activities and achievement in the pilot project area under
the pilot project. Not later than two years after the date of the
enactment of this Act, and each year thereafter during the pilot
project, the Secretary shall submit a report to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources of
the House of Representatives on the results of such monitoring,
including detailed information on the sources and uses of funds and the
status, outputs, and other results accomplished for each activity
recommended for priority implementation by the advisory panel under the
pilot project.
(c) State of Idaho Report.--The Secretary shall request the State
of Idaho, through the University of Idaho College of Natural Resource
or other source, to prepare a report reviewing the activities and
achievements of the pilot project in the pilot project area. The
Secretary shall request the State to prepare and submit the report at
five-year intervals to the Secretary, the Committee on Energy and
Natural Resources of the Senate, and the Committee on Resources of the
House of Representatives. The requested report should include an
assessment of whether, and to what extent, the activities conducted
under the pilot project are meeting or enhancing the accomplishment of
stewardship objectives.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, through fiscal year 2012, such sums as
may be necessary for the following purposes:
(1) Developing, submitting, reviewing, and implementing
five-year schedules and priority activities under the pilot
project, including the stewardship contracts authorized by this
Act.
(2) Other advisory panel activities and technical
assistance to the advisory panel for the purposes of the pilot
project.
(3) Monitoring and reporting requirements under section 5.
(4) Such other actions as are necessary to implement this
Act.
(b) Availability.--Amount appropriated for the purposes specified
in subsection (a) shall remain available until expended.
(c) Treatment of Receipts.--Notwithstanding the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public Law 106-
393; 16 U.S.C. 500 note), any moneys received by the Forest Service
from activities approved and implemented under the pilot project shall
be distributed in accordance with the sixth paragraph under the heading
``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500).
SEC. 7. SEVERABILITY.
If any provisions of this Act or the application of this Act to any
person or circumstances is held to be invalid, the validity of the
remainder of this Act and of the application of such provision to other
persons and circumstances shall not be affected. | Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project (the Project) within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation; (2) provide early and continuous coordination with Federal officials; and (3) provide for public input into its proceedings.Authorizes the Secretary to conduct the Project. Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project (with separate schedules for each Forest). Requires that the activities included in such schedules be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule.Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures.Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lymphedema Diagnosis and Treatment
Cost-Saving Act of 2011''.
SEC. 2. COVERAGE OF LYMPHEDEMA DIAGNOSIS AND TREATMENT SERVICES UNDER
MEDICARE.
(a) Coverage of Services.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (EE), by striking ``and'' at
the end;
(B) in subparagraph (FF), by adding ``and'' at the
end; and
(C) by adding at the end the following new
subparagraph:
``(GG)(i) lymphedema diagnosis services (as defined
in subsection (iii)(1)) and lymphedema treatment
services (as described in subsection (iii)(2)); and
``(ii) lymphedema compression treatment items (as
defined in subsection (jjj)).''; and
(2) by adding at the end the following new subsections:
``(iii) Lymphedema Diagnosis and Treatment Services.--(1)
Lymphedema Diagnosis Services.--The term `lymphedema diagnosis
services' means, with respect to an individual, the differential
diagnosis of the source of the individual's edema and the
identification of the specific etiology and functional lymphatic
deficiency, in which such diagnosis--
``(A) is provided by a provider, as defined in paragraph
(3), for the purpose of developing a lymphedema treatment plan;
and
``(B) may utilize any diagnostic tools the provider
determines to be reasonable and necessary.
``(2) Lymphedema Treatment Services.--The term `lymphedema
treatment services' means, with respect to an individual, services for
the treatment of lymphedema (regardless of cause)--
``(A) that are--
``(i) provided in an inpatient or outpatient
setting;
``(ii) provided by a provider, as defined in
paragraph (3), within the established scope of practice
of such provider; and
``(iii) medically necessary, in accordance with the
current standard of lymphedema treatment, including
complete decongestive therapy, which is a multi-modal
therapy comprising of manual lymph drainage,
compression therapy utilizing multilayer bandage
systems, compression garments and devices, exercise,
skin care, patient education, and any other lymphedema
treatment modalities determined by the Secretary to be
safe and effective; and
``(B) which shall--
``(i) include as medically necessary with respect
to the individual--
``(I) an initial evaluation and course of
clinical treatment, including initial baseline
measurements and subsequent measurements to
assess treatment efficacy and progress;
``(II) follow-up courses of clinical
treatment;
``(III) in the case that such individual
has cancer, clinical measurements, including
initial pre-operative baseline measurements and
periodic subsequent measurements to diagnose
the presence of lymphedema; and
``(IV) any other treatment modality
approved by the Secretary; and
``(ii) be provided in accordance with such
schedule, duration, and number of treatments as
determined medically necessary.
``(3) Provider Defined.--For purposes of this subsection and
subsection (jjj), the term `provider' means any licensed medical or
health care provider whose State licensing board recognizes lymphedema
diagnosis, lymphedema treatment, or both to fall within the scope of
practice of such medical or health care provider.
``(jjj) Lymphedema Compression Treatment Items.--The term
`lymphedema compression treatment items' means, with respect to an
individual, compression garments, devices, bandaging systems,
components, and supplies that are primarily and customarily used in the
medical treatment of lymphedema of the arms, hands, legs, feet, torso,
face and neck, breast and chest, abdomen, and genitalia, as prescribed
by a provider, as defined in subsection (iii)(3). Such term includes--
``(1) multilayer compression bandaging systems, including
short-stretch and medium-stretch compression bandages; cotton,
synthetic, or foam padding; gauze or elastic finger and toe
bandages; foam pads; directional flow padding; and tubular
bandages;
``(2) custom or standard fit gradient compression garments;
``(3) non-elastic and low-elastic compression garments,
manually adjustable or fitted padded directional flow garments
(with or without elastic or non-elastic compression jackets)
and compression wraps and directional flow pads;
``(4) aids and ancillary equipment consisting of donning
aids, bandage rollers, shoes to fit over compression items, and
other specialized items used with the items described in
paragraphs (1) through (3);
``(5) pneumatic appliances connected to and used in
conjunction with pneumatic sequential compression controllers;
``(6) any other compression garments, bandaging systems,
devices, and aids determined by the Secretary to be effective
in the prevention or treatment of lymphedema; and
``(7) replacements of any items under this subsection in
accordance with section 1834(p)(3).''.
(b) Payment.--
(1) Lymphedema compression treatment items.--
(A) In general.--Section 1833(a) of such Act (42
U.S.C. 1395l(a)) is amended--
(i) in paragraph (8), by striking at the
end ``and'';
(ii) in paragraph (9), by striking at the
end the period and inserting a semi-colon; and
(iii) by adding at the end the following
new paragraph:
``(10) in the case of lymphedema compression treatment
items described in section 1861(jjj), the amount determined
under section 1834(p); and''.
(B) Payment determined.--Section 1834 of such Act
(42 U.S.C. 1395m) is amended by adding at the end the
following new subsection:
``(p) Payment for Lymphedema Compression Treatment Items.--
``(1) General rule for payment.--
``(A) In general.--With respect to a lymphedema
compression treatment item as defined in section
1861(jjj)) for which payment is determined under this
subsection, subject to subparagraph (D), payment shall
be made in an amount equal to 80 percent of the payment
basis described in subparagraph (B).
``(B) Payment basis.--The payment basis described
in this subparagraph, with respect to a lymphedema
compression treatment item described in section
1861(jjj), is the actual charge for the item.
``(C) Exclusive payment rule for home health
agencies.--Notwithstanding any other provision of this
title, this subsection shall constitute the exclusive
provision of this title for payment for lymphedema
compression treatment items described in section
1861(jjj) under this part or under part A to a home
health agency or for such items that are furnished as
an incident to a physician's professional service.
``(2) Allowable quantities.--In the case it is determined
by a provider, as defined in section 1861(iii)(3), that
lymphedema compression treatment items are required as part of
lymphedema treatment services under section 1861(iii)(2), then
payment may be made under this title in accordance with this
subsection for such items in the quantity which is customary,
reasonable, and medically necessary.
``(3) Replacement of lymphedema compression treatment
items.--
``(A) In general.--Payment shall be made under this
subsection, with respect to an individual, for the
replacement of a lymphedema compression treatment item
if the period of the reasonable and useful lifetime of
the item (as described in subparagraph (B)) has expired
or a provider, as defined in section 1861(iii)(3),
determines that a replacement, or repair, of such item,
is medically necessary.
``(B) Reasonable and useful lifetime.--For purposes
of subparagraph (A), the period of the reasonable and
useful lifetime of a lymphedema compression treatment
item is as follows:
``(i) In the case of any item described in
section 1861(jjj)(1), 1 year.
``(ii) In the case of any item described in
section 1861(jjj)(2), 6 months.
``(iii) In the case of any item described
in section 1861(jjj)(3), 2 years.
``(iv) In the case of any item described in
section 1861(jjj)(4), 1 year.
``(v) In the case of any item described in
section 1861(jjj)(5), 5 years.
``(vi) In the case of any item described in
section 1861(jjj)(6), such period as determined
by the Secretary, in consultation with
appropriate health organizations, at the time
the Secretary determines such item to be
effective in the prevention or treatment of
lymphedema.''.
(C) Application of supplier requirements.--Section
1834(j)(5) of such Act (42 U.S.C. 1395m(j)(5)) is
amended--
(i) in subparagraph (E), by striking at the
end ``and'';
(ii) in subparagraph (F), by striking at
the end the period and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(G) lymphedema compression treatment items (as
defined in section 1861(jjj)).''.
(2) Lymphedema diagnosis and treatment services.--
(A) In general.--Section 1833(a) of such Act, as
amended by paragraph (1)(A), is further amended by
adding at the end the following new paragraph:
``(11)(A) in the case of lymphedema diagnosis services (as
defined in section 1861(iii)(1)) furnished by a provider (as
defined in section 1861(iii)(3)) the amount described in
section 1834(q); and
``(B) in the case of lymphedema treatment services (as
defined in section 1861(iii)(2)) furnished by a provider (as
defined in section 1861(iii)(3)) the amount described in
section 1834(k).''.
(B) Payment method.--Section 1834 of such Act, as
amended by paragraph (1)(B), is further amended by
adding at the end the following new subsection:
``(q) Payment for Outpatient Lymphedema Diagnosis and Treatment
Services by Physicians and Non-Physician Practitioners.--
``(1) In general.--For purposes of section 1833(a)(11), the
amount described in this subsection, with respect to a
lymphedema diagnosis service or lymphedema treatment service,
is 80 percent of the lesser of--
``(A) the actual charge for the service; or
``(B) the applicable fee schedule amount (as
defined in paragraph (2)) for the service.
``(2) Applicable fee schedule amount.--In this subsection,
the term `applicable fee schedule amount' means, with respect
to services furnished in a year, the amount determined under
the fee schedule established under section 1848 for such
services furnished during the year.''.
(C) Conforming amendment for payments under
1834(k).--Section 1834(k)(1) of such Act (42 U.S.C.
1395m(k)(1)) is amended by striking ``or 1833(a)(9)''
and inserting ``1833(a)(9), or 1833(a)(11)''.
(c) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after the date that is 180
days from the date of the enactment of this Act. | Lymphedema Diagnosis and Treatment Cost Savings Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend coverage to lymphedema diagnosis and treatment services. including lymphedema compression treatment items. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pregnant Workers Fairness Act''.
SEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS
RELATED TO PREGNANCY.
It shall be an unlawful employment practice for a covered entity
to--
(1) not make reasonable accommodations to the known
limitations related to the pregnancy, childbirth, or related
medical conditions of a job applicant or employee, unless such
covered entity can demonstrate that the accommodation would
impose an undue hardship on the operation of the business of
such covered entity;
(2) deny employment opportunities to a job applicant or
employee, if such denial is based on the need of the covered
entity to make reasonable accommodations to the known
limitations related to the pregnancy, childbirth, or related
medical conditions of an employee or applicant;
(3) require a job applicant or employee affected by
pregnancy, childbirth, or related medical conditions to accept
an accommodation that such applicant or employee chooses not to
accept, if such accommodation is unnecessary to enable the
applicant or employee to perform her job;
(4) require an employee to take leave, whether paid or
unpaid, if another reasonable accommodation can be provided to
the known limitations related to the pregnancy, childbirth, or
related medical conditions of an employee; or
(5) take adverse action in terms, conditions, or privileges
of employment against an employee on account of the employee
requesting or using a reasonable accommodation to the known
limitations related to the pregnancy, childbirth, or related
medical conditions of the employee.
SEC. 3. REMEDIES AND ENFORCEMENT.
(a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
(1) In general.--The powers, procedures, and remedies
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.)
shall be the powers, procedures, and remedies this Act provides
to the Commission, the Attorney General, or any person,
respectively, alleging an unlawful employment practice in
violation of this Act against an employee described in section
5(3)(A), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this Act provides to
the Commission, the Attorney General, or any person, alleging
such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this Act provides to the Commission,
the Attorney General, or any person, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes of the United
States).
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
that Act (2 U.S.C. 1301)), or any person, alleging a violation
of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
the powers, remedies, and procedures this Act provides to that
Board, or any person, alleging an unlawful employment practice
in violation of this Act against an employee described in
section 5(3)(B), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this Act provides to
that Board, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this Act provides to that Board, or
any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
seq.) shall apply in the same manner as such title applies with
respect to a claim alleging a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person, alleging a violation of section 411(a)(1) of
that title, shall be the powers, remedies, and procedures this
Act provides to the President, the Commission, such Board, or
any person, respectively, alleging an unlawful employment
practice in violation of this Act against an employee described
in section 5(3)(C), except as provided in paragraphs (2) and
(3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) shall be
the powers, remedies, and procedures this Act provides to the
President, the Commission, such Board, or any person, alleging
such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this Act provides to the President,
the Commission, such Board, or any person, alleging such a
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes of
the United States).
(d) Employees Covered by Government Employee Rights Act of 1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this Act provides to the
Commission, or any person, respectively, alleging an unlawful
employment practice in violation of this Act against an
employee described in section 5(3)(D), except as provided in
paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) shall be
the powers, remedies, and procedures this Act provides to the
Commission, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this Act provides to the Commission,
or any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person, alleging a violation of
that section shall be the powers, remedies, and procedures this
Act provides to the Commission, the Attorney General, the
Librarian of Congress, or any person, respectively, alleging an
unlawful employment practice in violation of this Act against
an employee or applicant described in section 5(3)(E), except
as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) shall be
the powers, remedies, and procedures this Act provides to the
Commission, the Attorney General, the Librarian of Congress, or
any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this Act provides to the Commission,
the Attorney General, the Librarian of Congress, or any person,
alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes of the United States).
(f) Prohibition Against Retaliation.--
(1) In general.--No person shall discriminate against any
individual because such individual has opposed any act or
practice made unlawful by this Act or because such individual
made a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under this
Act.
(2) Prohibition against coercion.--It shall be unlawful to
coerce, intimidate, threaten, or interfere with any individual
in the exercise or enjoyment of, or on account of such
individual having exercised or enjoyed, or on account of such
individual having aided or encouraged any other individual in
the exercise or enjoyment of, any right granted or protected by
this Act.
(3) Remedy.--The remedies and procedures otherwise provided
for under this section shall be available to aggrieved
individuals with respect to violations of this subsection.
SEC. 4. RULEMAKING.
Not later than 2 years after the date of enactment of this Act, the
Commission shall issue regulations in an accessible format in
accordance with subchapter II of chapter 5 of title 5, United States
Code, to carry out this Act. Such regulations shall provide examples of
reasonable accommodations addressing known limitations related to
pregnancy, childbirth, or related medical conditions that shall be
provided to a job applicant or employee affected by such known
limitations unless the covered entity can demonstrate that doing so
would impose an undue hardship.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ``covered entity''--
(A) has the meaning given the term ``respondent''
in section 701(n) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(n)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301) and section 411(c)
of title 3, United States Code;
(ii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a)); and
(iii) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(3) the term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies;
(4) the term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)); and
(5) the terms ``reasonable accommodation'' and ``undue
hardship'' have the meanings given such terms in section 101 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12111)
and shall be construed as such terms have been construed under
such Act and as set forth in the regulations required by this
Act, including with regard to the interactive process that will
typically be used to determine an appropriate reasonable
accommodation.
SEC. 6. WAIVER OF STATE IMMUNITY.
A State shall not be immune under the 11th Amendment to the
Constitution of the United States from an action in a Federal or State
court of competent jurisdiction for a violation of this Act. In any
action against a State for a violation of the requirements of this Act,
remedies are available for such a violation to the same extent as such
remedies are available for such a violation in an action against any
public or private entity other than a State.
SEC. 7. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act shall be construed to invalidate or limit the
remedies, rights, and procedures of any Federal law or law of any State
or political subdivision of any State or jurisdiction that provides
greater or equal protection for workers affected by pregnancy,
childbirth, or related medical conditions. | Pregnant Workers Fairness Act Declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job; (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combatting Proliferation of Weapons
of Mass Destruction Act of 1996''.
TITLE I--ASSESSMENT OF PROGRAMS AND POLICIES FOR COMBATTING
PROLIFERATION
SEC. 101. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Commission on Programs and Policies for Combatting the
Proliferation of Weapons of Mass Destruction (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--The Commission shall be composed of 12 members of
whom--
(1) 6 shall be appointed by the President;
(2) 3 shall be appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the Senate;
and
(3) 3 shall be appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(f) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
(g) Meetings.--The Commission shall meet at the call of the
Chairman.
SEC. 102. DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall carry out a thorough
study of the organization, policies, and programs of the U.S.
Government related to combatting the proliferation of weapons
of mass destruction.
(2) Specific requirements.--In carrying out the study, the
Commission shall--
(A) assess the effectiveness of the policies and
programs of all departments and agencies of the Federal
Government including the intelligence community in
meeting the national security interests of the United
States with respect to the proliferation of such
weapons; and
(B) assess the current structure and organization
of all Federal agencies of the intelligence community
and the intelligence-gathering services of foreign
governments in addressing issues relating to the
proliferation of such weapons.
(b) Recommendations.--In conducting the study, the Commission shall
develop recommendations on means of improving the effectiveness of the
organization, policies, programs of the intelligence community, and the
programs and policies of the other departments and agencies of the
Federal Government, in meeting the national security interests of the
United States with respect to the proliferation of weapons of mass
destruction.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such legislation and
administrative actions as it considers appropriate.
SEC. 103. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out the
purposes of this title.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this
title. Upon request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 104. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government 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
traveltime) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission 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
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 105. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date on which the
Commission submits its report under section 102(c).
SEC. 106. DEFINITION.
For purposes of this title, the term ``intelligence community''
shall have the meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for the
Commission for fiscal year 1996 such sums as may be necessary for the
Commission to carry out its duties under this title.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until the termination of the Commission under section 105.
TITLE II--OTHER MATTERS
SEC. 201. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF
MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS.
(a) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Director of
Central Intelligence shall submit to Congress a report on--
(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology useful for
the development or production of weapons of mass destruction
(including nuclear weapons, chemical weapons, and biological
weapons) and advanced conventional munitions; and
(2) trends in the acquisition of such technology by such
countries.
(b) Form of Reports.--The reports submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex. | TABLE OF CONTENTS:
Title I: Assessment of Programs and Policies for Combatting
Proliferation
Title II: Other Matters
Combatting Proliferation of Weapons of Mass Destruction Act of 1996 -
Title I: Assessment of Programs and Policies for Combatting Proliferation
- Establishes the Commission on Programs and Policies for Combatting the Proliferation of Weapons of Mass Destruction to study and report recommendations to the Congress for improving U.S. organizations, policies, and programs relating to combatting the proliferation of weapons of mass destruction. Authorizes appropriations.
Title II: Other Matters
- Requires the Director of Central Intelligence to report to the Congress every six months on: (1) the acquisition by foreign countries of technology relating to weapons of mass destruction and advanced conventional munitions; and (2) trends in such acquisition by such countries. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Marshals Service 225th
Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the United States Marshals Service, the first law
enforcement agency in America, was established under section 27
of the Act entitled ``Chapter XX.--An Act to Establish the
Judicial Courts of the United States'' and enacted on September
24, 1789 (commonly referred to as the ``Judiciary Act of
September 24, 1789''), during the 1st Session of the 1st
Congress, and was signed into law by the 1st President of the
United States, George Washington;
(2) George Washington had carefully considered the
appointments to the Judicial branch long before the enactment
of the Judiciary Act of September 24, 1789, and appointed the
first 13 United States Marshals on September 26, 1789, 2 days
after signing the Act into law;
(3) the United States Marshals Service has had major
significance in the history in the United States and has
directly contributed to the safety and preservation of this
Nation, by serving as an instrument of civil authority used by
all 3 branches of the United States Government;
(4) one of the original 13 United States Marshals, Robert
Forsyth of Georgia, a 40-year-old veteran of the Revolutionary
War, was the first civilian official of the United States
Government, and the first of many United States Marshals and
deputies to be killed in the line of duty when he was shot on
January 11, 1794, while trying to serve civil process;
(5) the United States Marshals Service Commemorative Coin
will be the first commemorative coin to honor the United States
Marshals Service;
(6) in 2008, the United States Marshals Service established
a 225th Anniversary Committee to ensure a suitable national
observance of the United States Marshals Service 225th
Anniversary, to take place on or about September 24, 2014, to
support and facilitate marketing efforts for a commemorative
coin and related activities for the United States Marshals
Service 2014 observances;
(7) a commemorative coin will bring national and
international attention to the lasting legacy of this Nation's
oldest law enforcement agency;
(8) the United States should pay tribute to the Nation's
oldest law enforcement agency, the United States Marshals
Service, by minting and issuing commemorative coins in
accordance with this Act; and
(9) the proceeds from a surcharge on the sale of such
commemorative coins will assist the financing of several
national monuments, museums, and charitable organizations,
including the United States Marshals Service National Museum,
the National Law Enforcement Museum and Memorial, and the
Center for Missing and Exploited Children.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the 225th anniversary of
the establishment of the United States Marshals Service, the Secretary
of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 142,000 $5 gold coins,
which shall--
(A) weigh 33.931 grams;
(B) have a diameter of 32.7 millimeters; and
(C) contain 1 troy ounce of fine gold.
(2) $1 silver coins.--Not more than 503,000 $1 coins of
each of the designs specified in section 4(a)(3)(B), which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent alloy.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(d) Mintage Level Coordination.--Section 5112(m)(2)(A) of title 31,
United States Code, shall not apply to any mintage levels authorized
under subsection (a).
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 225 years of exemplary and
unparalleled achievements of the United States Marshals
Service.
(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 ``2014-2015''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum'', and such other inscriptions as the
Secretary may determine to be appropriate for the
designs of the coins.
(3) Coin images.--
(A) $5 gold coins.--
(i) Obverse.--The obverse of the $5 coins
issued under this Act shall bear an image of
the Marshals Services Star (also referred to as
``America's Star'').
(ii) Reverse.--The reverse of the $5 coins
issued under this Act shall bear a design
emblematic of the sacrifice and service of the
men and women of the United States Marshals
Service who lost their lives in the line of
duty.
(iii) Edge incusion.--It is the sense of
the Congress that, to the extent practicable,
the edge of the $5 coins issued under this Act
shall bear the motto of the United States
Marshals Service ``Justice, Integrity,
Service''.
(iv) High relief.--The design and
inscriptions on the obverse and reverse of the
$5 coins issued under this Act shall be in high
relief.
(B) $1 silver coins.--
(i) Obverse.--The obverse of the $1 coins
issued under this Act shall bear an image of
the Marshals Services Star (also referred to as
``America's Star'').
(ii) Edge incusion.--It is the sense of the
Congress that, to the extent practicable, the
edge of each $1 coin shall bear the motto of
the United States Marshals Service ``Justice,
Integrity, Service''.
(4) Realistic and historically accurate depictions.--The
images for the designs of coins issued under this Act shall be
selected on the basis of the realism and historical accuracy of
the images and on the extent to which the images are
reminiscent of the dramatic and beautiful artwork on coins of
the so-called ``Golden Age of Coinage'' in the United States,
at the beginning of the Twentieth Century, with the
participation of such noted sculptors and medallic artists as
James Earle Fraser, Augustus Saint-Gaudens, Victor David
Brenner, Adolph A. Weinman, Charles E. Barber, and George T.
Morgan.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Director of the United States Marshals Service, the Historian
of the United States Marshals Service, and the Commission of
Fine Arts; and
(2) reviewed by--
(A) the Citizens Coin Advisory Committee; and
(B) the United States Marshals Service 225th
Anniversary Committee, a panel to be formed consisting
of administrative and operational members of the United
States Marshals Service, past or present.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in proof quality and uncirculated quality.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins to the
public minted under this Act beginning on September 24, 2014, the 225th
anniversary date of the United States Marshals Service, except for a
limited number to be issued prior to such date to the Director of the
United States Marshals Service and employees of the Service for display
and presentation during the 225th Anniversary celebration. Coins issued
under this Act shall be treated as a coin program for calendar year
2015 for purposes of section 5112(m)(1) of title 31, United States
Code.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2015.
SEC. 6. 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 section 7(a) 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) 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.
(3) United states marshals service employees.--To the
extent possible, the Secretary shall make arrangements to
ensure that current, former, and retired employees of the
United States Marshals Service, names to be verified by the
Director thereof, or the designee thereof, have an exclusive
defined period of time to place prepaid orders under paragraph
(1) at the same reasonable discount referred to in paragraph
(2).
(c) Presentation.--In addition to the issuance of coins under this
Act in such other methods of presentation as the Secretary determines
appropriate, the Secretary shall provide, as a sale option, a
presentation case which displays the $5 gold and the $1 silver coins.
The presentation case should bear a depiction of the current badge of
the United States Marshals Service.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 gold coin.
(2) A surcharge of $10 per coin for the $1 silver coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly distributed as follows:
(1) The first $5,000,000 available for distribution under
this section to the Director of the United States Marshals
Service National Museum located in Fort Smith, Arkansas, for
the preservation, maintenance, and display of artifacts and
documents of the United States Marshals Service.
(2) Of amounts available for distribution after the payment
under paragraph (1)--
(A) $1,000,000 to the National Center for Missing
and Exploited Children located in Washington, DC;
(B) $1,000,000 to the National Law Enforcement
Officers Memorial Fund located in Washington, DC, in
support of the National Law Enforcement Museum and the
National Law Enforcement Officers Memorial;
(C) $1,000,000 to the Federal Law Enforcement
Officers Association;
(D) $500,000 to the William ``Bill'' Degan
Scholarship Fund, which provides scholarships for
spouses and children of law enforcement officers killed
in the line of duty;
(E) $500,000 to the Robert D. May Scholarship Fund,
which provides scholarships for spouses and children of
law enforcement officer killed in the line of duty;
(F) $500,000 to the Community Oriented Policing
Service; and
(G) $500,000 to the United States Marshals Service
Association, a charitable organization under section
501(c)(3) of the Internal Revenue Code of 1986, located
in Miami, Florida.
(c) Audits.--All organizations, associations, and funds under this
Act shall be subject to the audit requirements of section 5134(f)(2) of
title 31, United States Code, with regard to the amounts received under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection.
SEC. 8. BRONZE DUPLICATES.
The Secretary may strike and sell bronze duplicates of the $5 gold
coins authorized under this Act, at a price that the Secretary
determines to be appropriate. | United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service.
Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the Director of the United States Marshals Service National Museum, for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of: (1) $1 million to the National Center for Missing and Exploited Children; (2) $1 million to the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (3) $1 million to the Federal Law Enforcement Officers Association; (4) $500,000 to the William "Bill" Degan Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (5) $500,000 to the Robert D. May Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (6) $500,000 to the Community Oriented Policing Service; and (7) $500,000 to the Retired United States Marshals Service Association.
Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins. | [
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] |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Graduate
Opportunities in Higher Education Act of 2005''.
(b) References.--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
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. JAVITS FELLOWSHIP PROGRAM.
(a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is
amended by adding at the end the following new sentence: ``In the case
of other exceptional circumstances, such as active duty military
service or personal or family member illness, the institution of higher
education may also permit the fellowship recipient to interrupt periods
of study for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but without
payment of the stipend.''.
(b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C.
1134a(a)(1)) is amended--
(1) in the first sentence, by inserting ``from diverse
geographic regions'' after ``higher education''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall also assure that at least one representative
appointed to the Board represents an institution that is
eligible for a grant under title III or V of this Act.''.
(c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended--
(1) in subsection (a)--
(A) by striking ``1999-2000'' and inserting ``2006-
2007'';
(B) by striking ``shall be set'' and inserting
``may be set''; and
(C) by striking ``Foundation graduate fellowships''
and inserting ``Foundation Graduate Research Fellowship
Program''; and
(2) in subsection (b), by amending paragraph (1)(A) to read
as follows:
``(1) In general.--(A) The Secretary shall (in addition to
stipends paid to individuals under this subpart) pay to the
institution of higher education, for each individual awarded a
fellowship under this subpart at such institution, an
institutional allowance. Except as provided in subparagraph
(B), such allowance shall be, for 2006-2007 and succeeding
academic years, the same amount as the institutional payment
made for 2005-2006 adjusted for 2006-2007 and annually
thereafter in accordance with inflation as determined by the
Department of Labor's Consumer Price Index for the previous
calendar year.''.
(d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2006 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority.--Section 712
(20 U.S.C. 1135a) is amended--
(1) in the last sentence of subsection (b)--
(A) by striking ``and an assessment'' and inserting
``an assessment''; and
(B) by inserting before the period at the end the
following: ``, and the priority described in subsection
(c) of this section''; and
(2) by adding at the end the following new subsection:
``(c) Priority.--The Secretary shall establish a priority for
grants in order to prepare individuals for the professoriate who will
train highly-qualified elementary and secondary school teachers of
math, science, and special education, and teachers who provide
instruction for limited English proficient individuals. Such grants
shall offer program assistance and graduate fellowships for--
``(1) post-baccalaureate study related to teacher
preparation and pedagogy in math and science for students who
have completed a master's degree or are pursuing a doctorate of
philosophy in math and science;
``(2) post-baccalaureate study related to teacher
preparation and pedagogy in special education and English
language acquisition and academic proficiency for limited
English proficient individuals; and
``(3) support of dissertation research in the fields of
math, science, special education, or second language pedagogy
and second language acquisition.''.
(b) Collaboration Required for Certain Applications.--Section
713(b) (20 U.S.C. 1135b) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) in the case of an application for a grant by a
department, program, or unit in education or teacher
preparation, contain assurances that such department, program,
or unit collaborates with departments, programs, or units in
all content areas to assure a successful combination of
training in both teaching and such content; and''.
(c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--
(1) by striking ``1999-2000'' and inserting ``2006-2007'';
(2) by striking ``shall be set'' and inserting ``may be
set''; and
(3) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program''.
(d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2006-2007'';
and
(2) by striking ``1998-1999'' and inserting ``2006-2007''.
(e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2006 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
(f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is
amended--
(1) by striking ``section 716(a)'' and inserting ``section
715(a)''; and
(2) by striking ``section 714(b)(2)'' and inserting
``section 713(b)(2)''.
SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) to prepare such students for study at accredited law
schools and assist them with the development of analytical
skills and study methods to enhance their success and promote
completion of law school;'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(6) to award Thurgood Marshall Fellowships to eligible
law school students--
``(A) who participated in summer institutes
authorized by subsection (d) and who are enrolled in an
accredited law school; or
``(B) who are eligible law school students who have
successfully completed a comparable summer institute
program certified by the Council on Legal Educational
Opportunity.''.
(b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills and study
methods'' after ``courses''.
(c) Authorization of Appropriations.--Section 721(h) (20 U.S.C.
1136(h)) is amended by striking ``1999 and each of the 4 succeeding
fiscal years'' and inserting ``2006 and each of the 5 succeeding fiscal
years''.
(d) General Provisions.--Subsection (e) of section 731 (20 U.S.C.
1137(e)) is repealed.
SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.
(a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the encouragement of the reform and improvement of,
and innovation in, postsecondary education and the provision of
educational opportunity for all, especially for the non-
traditional student populations;'';
(2) in paragraph (2), by inserting before the semicolon at
the end the following: ``for postsecondary students, especially
those that provide academic credit for programs'';
(3) by amending paragraph (3) to read as follows:
``(3) the establishment of institutions and programs based
on the technology of communications, including delivery by
distance education;''; and
(4) by amending paragraph (6) to read as follows:
``(6) the introduction of institutional reforms designed to
expand individual opportunities for entering and reentering
postsecondary institutions and pursuing programs of
postsecondary study tailored to individual needs;''.
(b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is
amended by striking paragraph (4) and inserting the following:
``(4) International cooperation, partnerships, or student
exchange among postsecondary educational institutions in the
United States and abroad.
``(5) Establishment of academic programs including graduate
and undergraduate courses, seminars and lectures, support of
research, and development of teaching materials for the purpose
of supporting faculty and academic programs that teach
traditional American history (including significant
constitutional, political, intellectual, economic, diplomatic,
and foreign policy trends, issues, and documents; the history,
nature, and development of democratic institutions of which
American democracy is a part; and significant events and
individuals in the history of the United States).
``(6) Support for planning, applied research, training,
resource exchanges or technology transfers, the delivery of
services, or other activities the purpose of which is to design
and implement programs to enable institutions of higher
education to work with private and civic organizations to
assist communities to meet and address their pressing and
severe problems, including economic development, community
infrastructure and housing, crime prevention, education,
healthcare, self sufficiency, and workforce preparation.''.
(c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d)
is amended by striking ``$30,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the 4 succeeding fiscal years'' and
inserting ``$40,000,000 for fiscal year 2006 and such sums as may be
necessary for each of the 5 succeeding fiscal years'' .
SEC. 6. URBAN COMMUNITY SERVICE.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES
RECEIVE A QUALITY HIGHER EDUCATION.
(a) Serving All Students With Disabilities.--Section 762(a) (20
U.S.C. 1140a(a)) is amended by striking ``students with learning
disabilities'' and inserting ``students with disabilities''.
(b) Authorized Activities.--
(1) Amendment.--Section 762(b)(2) is amended--
(A) in subparagraph (A), by inserting ``in order to
improve retention and completion'' after
``disabilities'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (E), respectively;
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Effective transition practices.--The
development of innovative, effective, and efficient
teaching methods and strategies to ensure the smooth
transition of students with disabilities from high
school to postsecondary education.''; and
(D) by inserting after subparagraph (C) (as
redesignated by subparagraph (B) of this paragraph) the
following new subparagraph:
``(D) Distance learning.--The development of
innovative, effective, and efficient teaching methods
and strategies to provide faculty and administrators
with the ability to provide accessible distance
education programs or classes that would enhance access
of students with disabilities to higher education,
including the use of electronic communication for
instruction and advisement.''.
(2) Conforming amendment.--Section 762(b)(3) is amended by
striking ``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (E)''.
(c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) a description of how such institution plans to
address the activities allowed under this part;'';
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a description of the extent to which an institution
will work to replicate the best practices of institutions of
higher education with demonstrated success in serving students
with disabilities.''.
(d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2006 and such sums as may be necessary for each of the 5
succeeding fiscal years''. | Graduate Opportunities in Higher Education Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise requirements and reauthorize appropriations for the following Graduate and Postsecondary Improvement Programs under title VII: (1) the Jacob K. Javits fellowship program; (2) the program of graduate assistance in areas of national need; (3) the Thurgood Marshall legal educational opportunity program; (4) the Fund for the Improvement of Postsecondary Education; and (5) demonstration projects to ensure that students with disabilities receive a quality higher education.
Eliminates the Urban Community Service program and certain continuation awards. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pro-Growth Budgeting Act of 2014''.
SEC. 2. MACROECONOMIC IMPACT ANALYSES.
(a) In General.--Part A of title IV of the Congressional Budget Act
of 1974 is amended by adding at the end the following new section:
``macroeconomic impact analysis of major legislation
``Sec. 407. (a) Congressional Budget Office.--The Congressional
Budget Office shall, to the extent practicable, prepare for each major
bill or resolution reported by any committee of the House of
Representatives or the Senate (except the Committee on Appropriations
of each House), as a supplement to estimates prepared under section
402, a macroeconomic impact analysis of the budgetary effects of such
bill or resolution for the ten fiscal-year period beginning with the
first fiscal year for which an estimate was prepared under section 402
and each of the next three ten fiscal-year periods. The Director shall
submit to such committee the macroeconomic impact analysis, together
with the basis for the analysis. As a supplement to estimates prepared
under section 402, all such information so submitted shall be included
in the report accompanying such bill or resolution.
``(b) Economic Impact.--The analysis prepared under subsection (a)
shall describe the potential economic impact of the applicable major
bill or resolution on major economic variables, including real gross
domestic product, business investment, the capital stock, employment,
interest rates, and labor supply. The analysis shall also describe the
potential fiscal effects of the bill or resolution, including any
estimates of revenue increases or decreases resulting from changes in
gross domestic product. To the extent practicable, the analysis should
use a variety of economic models in order to reflect the full range of
possible economic outcomes resulting from the bill or resolution. The
analysis (or a technical appendix to the analysis) shall specify the
economic and econometric models used, sources of data, relevant data
transformations, and shall include such explanation as is necessary to
make the models comprehensible to academic and public policy analysts.
``(c) Reporting on Accuracy of Macroeconomic Impact Analyses.--Upon
completion of the fifth fiscal year beginning after the date of
enactment of any major bill or joint resolution for which the
Congressional Budget Office prepared an analysis under subsection (a),
the Congressional Budget Office shall report on the accuracy of the
original macroeconomic impact analysis of such enacted bill or joint
resolution and submit these reports to the Committees on the Budget of
the House of Representatives and the Senate.
``(d) Definitions.--As used in this section--
``(1) the term `macroeconomic impact analysis' means--
``(A) an estimate of the changes in economic
output, employment, interest rates, capital stock, and
tax revenues expected to result from enactment of the
proposal;
``(B) an estimate of revenue feedback expected to
result from enactment of the proposal; and
``(C) a statement identifying the critical
assumptions and the source of data underlying that
estimate;
``(2) the term `major bill or resolution' means any bill or
resolution if the gross budgetary effects of such bill or
resolution for any fiscal year in the period for which an
estimate is prepared under section 402 is estimated to be
greater than .25 percent of the current projected gross
domestic product of the United States for any such fiscal year;
``(3) the term `budgetary effect', when applied to a major
bill or resolution, means the changes in revenues, outlays,
deficits, and debt resulting from that measure; and
``(4) the term `revenue feedback' means changes in revenue
resulting from changes in economic growth as the result of the
enactment of any major bill or resolution.
``(e) Legislation With Revenue Provisions.--The macroeconomic
analysis described in subsection (c) shall rely on macroeconomic
analysis prepared by the Joint Committee on Taxation for any provisions
of such legislation that are described in section 201(f). For
legislation consisting solely of provisions described in section
201(f), the macroeconomic analysis described in subsection (c) shall be
prepared by the Joint Committee on Taxation.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 406 the
following new item:
``Sec. 407. Macroeconomic impact analysis of major legislation.''.
Passed the House of Representatives April 4, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Pro-Growth Budgeting Act of 2014 - Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee (except the congressional appropriations committees), as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis (or a technical appendix to it) to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. Requires the CBO, five fiscal years after the enactment of any major bill or joint resolution for which it prepared a macroeconomic impact analysis, to report to the congressional budget committees on the accuracy of the original analysis. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Aid Transparency and
Accountability Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Evaluation.--The term ``evaluation'' means, with respect to
a covered United States foreign assistance program, the systematic
collection and analysis of information about the characteristics
and outcomes of the program, including projects conducted under
such program, as a basis for--
(A) making judgments and evaluations regarding the program;
(B) improving program effectiveness; and
(C) informing decisions about current and future
programming.
(3) Covered united states foreign assistance.--The term
``covered United States foreign assistance'' means assistance
authorized under--
(A) part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), except for--
(i) title IV of chapter 2 of such part (relating to the
Overseas Private Investment Corporation); and
(ii) chapter 3 of such part (relating to International
Organizations and Programs);
(B) chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.; relating to Economic Support
Fund);
(C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et
seq.); and
(D) the Food for Peace Act (7 U.S.C. 1721 et seq.).
SEC. 3. GUIDELINES FOR COVERED UNITED STATES FOREIGN ASSISTANCE
PROGRAMS.
(a) Purposes.--The purposes of this section are to--
(1) evaluate the performance of covered United States foreign
assistance and its contribution to the policies, strategies,
projects, program goals, and priorities undertaken by the Federal
Government;
(2) support and promote innovative programs to improve
effectiveness; and
(3) coordinate the monitoring and evaluation processes of
Federal departments and agencies that administer covered United
States foreign assistance.
(b) Establishment of Guidelines.--Not later than 18 months after
the date of the enactment of this Act, the President shall set forth
guidelines, according to best practices of monitoring and evaluation
studies and analyses, for the establishment of measurable goals,
performance metrics, and monitoring and evaluation plans that can be
applied with reasonable consistency to covered United States foreign
assistance.
(c) Objectives of Guidelines.--
(1) In general.--The guidelines established pursuant to
subsection (b) shall provide direction to Federal departments and
agencies that administer covered United States foreign assistance
on--
(A) monitoring the use of resources;
(B) evaluating the outcomes and impacts of covered United
States foreign assistance projects and programs; and
(C) applying the findings and conclusions of such
evaluations to proposed project and program design.
(2) Objectives.--The guidelines established pursuant to
subsection (b) shall provide direction to Federal departments and
agencies that administer covered United States foreign assistance
on how to--
(A) establish annual monitoring and evaluation objectives
and timetables to plan and manage the process of monitoring,
evaluating, analyzing progress, and applying learning toward
achieving results;
(B) develop specific project monitoring and evaluation
plans, including measurable goals and performance metrics, and
to identify the resources necessary to conduct such
evaluations, which should be covered by program costs;
(C) apply rigorous monitoring and evaluation methodologies
to such programs, including through the use of impact
evaluations, ex-post evaluations, or other methods, as
appropriate, that clearly define program logic, inputs,
outputs, intermediate outcomes, and end outcomes;
(D) disseminate guidelines for the development and
implementation of monitoring and evaluation programs to all
personnel, especially in the field, who are responsible for the
design, implementation, and management of covered United States
foreign assistance programs;
(E) establish methodologies for the collection of data,
including baseline data to serve as a reference point against
which progress can be measured;
(F) evaluate, at least once in their lifetime, all programs
whose dollar value equals or exceeds the median program size
for the relevant office or bureau or an equivalent calculation
to ensure the majority of program resources are evaluated;
(G) conduct impact evaluations on all pilot programs before
replicating, or conduct performance evaluations and provide a
justification for not conducting an impact evaluation when such
an evaluation is deemed inappropriate or impracticable;
(H) develop a clearinghouse capacity for the collection,
dissemination, and preservation of knowledge and lessons
learned to guide future programs for United States foreign
assistance personnel, implementing partners, the donor
community, and aid recipient governments;
(I) internally distribute evaluation reports;
(J) publicly report each evaluation, including an executive
summary, a description of the evaluation methodology, key
findings, appropriate context, including quantitative and
qualitative data when available, and recommendations made in
the evaluation within 90 days after the completion of the
evaluation;
(K) undertake collaborative partnerships and coordinate
efforts with the academic community, implementing partners, and
national and international institutions, as appropriate, that
have expertise in program monitoring, evaluation, and analysis
when such partnerships provide needed expertise or
significantly improve the evaluation and analysis;
(L) ensure verifiable, reliable, and timely data, including
from local beneficiaries and stakeholders, are available to
monitoring and evaluation personnel to permit the objective
evaluation of the effectiveness of covered United States
foreign assistance programs, including an assessment of
assumptions and limitations in such evaluations; and
(M) ensure that standards of professional evaluation
organizations for monitoring and evaluation efforts are
employed, including ensuring the integrity and independence of
evaluations, permitting and encouraging the exercise of
professional judgment, and providing for quality control and
assurance in the monitoring and evaluation process.
(d) President's Report.--Not later than 18 months after the date of
the enactment of this Act, the President shall submit a report to the
appropriate congressional committees that contains a detailed
description of the guidelines established pursuant to subsection (b).
The report shall be submitted in unclassified form, but it may contain
a classified annex.
(e) Comptroller General's Report.--The Comptroller General of the
United States shall, not later than 18 months after the report required
by subsection (d) is submitted to Congress, submit to the appropriate
congressional committees a report that--
(1) analyzes the guidelines established pursuant to subsection
(b); and
(2) assesses the implementation of the guidelines by the
agencies, bureaus, and offices that implement covered United States
foreign assistance as outlined in the President's budget request.
SEC. 4. INFORMATION ON COVERED UNITED STATES FOREIGN ASSISTANCE
PROGRAMS.
(a) Publication of Information.--
(1) Update of existing website.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State shall
update the Department of State's website,
``ForeignAssistance.gov'', to make publicly available
comprehensive, timely, and comparable information on covered United
States foreign assistance programs, including all information
required under subsection (b) that is available to the Secretary of
State.
(2) Information sharing.--Not later than 2 years after the date
of the enactment of this Act, and quarterly thereafter, the head of
each Federal department or agency that administers covered United
States foreign assistance shall provide the Secretary of State with
comprehensive information about the covered United States foreign
assistance programs carried out by such department or agency.
(3) Updates to website.--Not later than 2 years after the date
of the enactment of this Act, and quarterly thereafter, the
Secretary of State shall publish, on the ``ForeignAssistance.gov''
website or through a successor online publication, the information
provided under subsection (b).
(b) Matters To Be Included.--
(1) In general.--The information described in subsection (a)--
(A) shall be published for each country on a detailed
basis, such as award-by-award; or
(B) if assistance is provided on a regional level, shall be
published for each such region on a detailed basis, such as
award-by-award.
(2) Types of information.--
(A) In general.--To ensure the transparency,
accountability, and effectiveness of covered United States
foreign assistance programs, the information described in
subsection (a) shall include--
(i) links to all regional, country, and sector
assistance strategies, annual budget documents,
congressional budget justifications, and evaluations in
accordance with section 3(c)(2)(J);
(ii) basic descriptive summaries for covered United
States foreign assistance programs and awards under such
programs; and
(iii) obligations and expenditures.
(B) Publication.--Each type of information described in
subparagraph (A) shall be published or updated on the
appropriate website not later than 90 days after the date on
which the information is issued.
(C) Rule of construction.--Nothing in this paragraph may be
construed to require a Federal department or agency that
administers covered United States foreign assistance to provide
any information that does not relate to, or is not otherwise
required by, the covered United States foreign assistance
programs carried out by such department or agency.
(3) Report in lieu of inclusion.--
(A) Health or security of implementing partners.--If the
head of a Federal department or agency, in consultation with
the Secretary of State, makes a determination that the
inclusion of a required item of information online would
jeopardize the health or security of an implementing partner or
program beneficiary or would require the release of proprietary
information of an implementing partner or program beneficiary,
the head of the Federal department or agency shall provide such
determination in writing to the appropriate congressional
committees, including the basis for such determination.
(B) National interests of the united states.--If the
Secretary of State makes a determination that the inclusion of
a required item of information online would be detrimental to
the national interests of the United States, the Secretary of
State shall provide such determination, including the basis for
such determination, in writing to the appropriate congressional
committees.
(C) Form.--Information provided under this paragraph may be
provided in classified form, as appropriate.
(4) Failure to comply.--If a Federal department or agency fails
to comply with the requirements under paragraph (1), (2), or (3) of
subsection (a), or subsection (c), with respect to providing
information described in subsection (a), and the information is not
subject to a determination under subparagraph (A) or (B) of
paragraph (3) not to make the information publicly available, the
Director of the Office of Management and Budget, in consultation
with the head of such department or agency, not later than one year
after the date of the enactment of this Act, shall submit a
consolidated report to the appropriate congressional committees
that includes, with respect to each required item of information
not made publicly available--
(A) a detailed explanation of the reason for not making
such information publicly available; and
(B) a description of the department's or agency's plan and
timeline for--
(i) making such information publicly available; and
(ii) ensuring that such information is made publicly
available in subsequent years.
(c) Scope of Information.--The online publication required under
subsection (a) shall, at a minimum--
(1) in each of the fiscal years 2016 through 2019, provide the
information required under subsection (b) for fiscal years 2015
through the current fiscal year; and
(2) for fiscal year 2020 and each fiscal year thereafter,
provide the information required under subsection (b) for the
immediately preceding 5 fiscal years in a fully searchable form.
(d) Sense of Congress.--It is the sense of Congress that the
Secretary of State and the Administrator of the United States Agency
for International Development should coordinate the consolidation of
processes and data collection and presentation for the Department of
State's website, ``ForeignAssistance.gov'', and the United States
Agency for International Development's website, ``Explorer.USAID.gov'',
to the extent that is possible to maximize efficiencies, no later than
the end of fiscal year 2018.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on July 5, 2016. Foreign Aid Transparency and Accountability Act of 2016 (Sec. 2) This bill defines "covered U.S. foreign assistance" as assistance authorized under: part I of the Foreign Assistance Act of 1961 (development assistance), except for title IV of chapter 2 (relating to the Overseas Private Investment Corporation), and chapter 3 (relating to International Organizations and Programs); chapter 4 of part II of such Act (Economic Support Fund); the Millennium Challenge Act of 2003; and the Food for Peace Act. (Sec. 3) The President shall within 18 months prescribe guidelines for establishment of goals, performance metrics, and monitoring and evaluation plans for covered U.S. foreign assistance. The guidelines shall direct federal departments and agencies that administer such assistance on how to: establish annual monitoring and evaluation agendas and objectives; develop specific project monitoring and evaluation plans; apply monitoring and evaluation methodologies to covered U.S. foreign assistance programs; disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel responsible for program design, implementation, and management of covered U.S. foreign assistance programs; establish data collection methodologies; evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau; develop a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks for future programs; distribute evaluation reports internally; publicly report evaluations and related recommendations; undertake collaborative partnerships and coordinate efforts with academic, national and international institutions; make verifiable and timely data available to monitoring and evaluation personnel; and ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed. The President shall within 18 months give Congress a detailed description of these guidelines. The Government Accountability Office shall analyze the guidelines and assess their implementation by the appropriate agencies, bureaus, and offices. (Sec. 4) The Department of State shall within 90 days update its Internet website, ForeignAssistance.gov, to make publicly available comprehensive and accessible information on covered U.S. foreign assistance programs. The head of each federal department or agency that administers such assistance shall give the State Department comprehensive program information each quarter. Assistance program information shall be published: (1) on an award-by-award and country-by-country basis, or (2) on an award-by-award and region-by-region basis if provided on a regional level. Such information shall include: (1) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations; (2) basic descriptive summaries for foreign development and economic assistance programs and awards under such programs; and (3) obligations and expenditures. If a federal department or agency determines that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary, or would require the release of proprietary information, it shall give Congress that determination in writing. If the State Department determines that online inclusion of a required item of information would be detrimental to U.S. national interests, it shall also give Congress that determination in writing. The bill expresses the sense of Congress that the State Department and the U.S. Agency for International Development (USAID) should, by the end of FY2018, coordinate data collection consolidation for the State Department's website, ForeignAssistance.gov, and USAID's website, Explorer.USAID.gov. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Dental Care for Veterans
Act of 2013''.
SEC. 2. RESTORATIVE DENTAL SERVICES FOR VETERANS.
Section 1710(c) of title 38, United States Code, is amended--
(1) in the second sentence--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(c)'';
(3) by striking ``The Secretary'' and inserting the
following:
``(2) The Secretary''; and
(4) by adding at the end the following new paragraph:
``(3) In addition to the dental services, treatment, and appliances
authorized to be furnished by paragraph (2), the Secretary may furnish
dental services and treatment, and dental appliances, needed to restore
functioning in a veteran that is lost as a result of any services or
treatment furnished under this subsection.''.
SEC. 3. PILOT PROGRAM ON EXPANSION OF FURNISHING OF DENTAL CARE TO ALL
ENROLLED VETERANS.
(a) Pilot Program Required.--Commencing not later than 180 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall carry out a pilot program to assess the feasibility and
advisability of furnishing dental care to veterans enrolled in the
system of patient enrollment under section 1705 of title 38, United
States Code, who are not eligible for dental services and treatment,
and related dental appliances, under current authorities.
(b) Duration of Pilot Program.--The pilot program shall be carried
out during the three-year period beginning on the date of the
commencement of the pilot program.
(c) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program at not fewer than 16 locations as follows:
(A) Four Department of Veterans Affairs medical
centers with an established dental clinic.
(B) Four Department medical centers with a current
contract for the furnishing of dental care.
(C) Four Community-Based Outpatient Clinics (CBOCs)
with space available for the furnishing of services and
treatment under the pilot program.
(D) Four facilities selected from among Federally
Qualified Health Centers (FQHCs) and Indian Health
Service facilities with established dental clinics, of
which--
(i) at least one facility shall be such an
Indian Health Service facility; and
(ii) any Indian Health Service facility so
selected shall be selected in consultation with
the Secretary of Health and Human Services.
(2) Considerations.--In selecting locations for the pilot
program, the Secretary shall consider the feasibility and
advisability of selecting locations in each of the following:
(A) Rural areas.
(B) Areas that are not in close proximity to an
active duty military installation.
(C) Areas representing different geographic
locations, such as census tracts established by the
Bureau of Census.
(d) Scope of Services.--The dental services and treatment furnished
to veterans under the pilot program shall be consistent with the dental
services and treatment furnished by the Secretary to veterans with
service-connected disabilities rated 100 percent disabling under the
laws administered by the Secretary.
(e) Voluntary Participation.--The participation of a veteran in the
pilot program shall be at the election of the veteran.
(f) Limitation on Amount of Services.--
(1) In general.--Except as provided in paragraph (3), the
total amount the Secretary may expend furnishing dental
services and treatment to any veteran participating in the
pilot program during any one-year period may not exceed such
amount as the Secretary determines appropriate. The amount so
determined may not be less than $1,000.
(2) Consultation.--The Secretary shall make the
determination under paragraph (1)--
(A) in consultation with the Director of the Indian
Health Service; and
(B) in consultation with the Director of the
Centers for Medicare and Medicaid Services if one or
more Federally Qualified Health Centers is selected as
a location for the pilot program under subsection
(c)(1)(D).
(3) Services in excess of limitation amount.--The total
amount expended by the Secretary in furnishing dental services
and treatment to a particular veteran participating in the
pilot program during a one-year period may exceed the amount
determined under paragraph (1) if the Secretary determines,
before furnishing such services and treatment, based on an
examination of the veteran by a dentist participating in the
pilot program that the furnishing of such services and
treatment is necessary. Any determination under this paragraph
shall be made on a case-by-case basis.
(g) Copayments.--The Secretary may collect copayments for dental
services and treatment furnished under the pilot program in accordance
with authorities on the collection of copayments for medical care of
veterans under chapter 17 of title 38, United States Code.
(h) Program Administration.--
(1) Notice to covered veterans on pilot program.--In
carrying out the pilot program, the Secretary shall inform all
veterans eligible to participate in the pilot program of the
services and treatment available under the pilot program.
(2) Contracts.--In carrying out the pilot program, the
Secretary may enter into contracts with appropriate entities
for the provision of dental services and treatment under the
pilot program. Each such contract shall specify performance
standards and metrics and processes for ensuring compliance of
the contractor concerned with such performance standards.
(i) Reports.--
(1) Preliminary reports.--
(A) In general.--Not later than each of one year
and three years after the date of the commencement of
the pilot program, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program.
(B) Contents.--Each report under subparagraph (A)
shall include the following:
(i) A description of the implementation and
operation of the pilot program.
(ii) The number of veterans receiving
services and treatment under the pilot program,
and a description of the dental services and
treatment furnished to such veterans.
(iii) An analysis of the costs and benefits
of the pilot program, including a comparison of
costs and benefits by location type.
(iv) The current findings and conclusions
of the Secretary with respect to the pilot
program.
(v) Such recommendations for the
continuation or expansion of the pilot program
as the Secretary considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after the
completion of the pilot program, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the pilot program.
(B) Contents.--The report under subparagraph (A)
shall include the following:
(i) The findings and conclusions of the
Secretary with respect to the pilot program.
(ii) Such recommendations for the
continuation or expansion of the pilot program
as the Secretary considers appropriate.
SEC. 4. PROGRAM ON EDUCATION TO PROMOTE DENTAL HEALTH IN VETERANS.
(a) Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a program of education to promote dental health for
veterans who are enrolled in the system of patient enrollment
of the Department of Veterans Affairs under section 1705 of
title 38, United States Code.
(2) Construction.--Nothing in the program shall be deemed
to alter or revise the eligibility of any veteran for dental
care under the laws administered by the Secretary.
(b) Elements.--The program required by subsection (a) shall provide
education for veterans on the following:
(1) The association between dental health and overall
health and well-being.
(2) Proper techniques for dental care.
(3) Signs and symptoms of commonly occurring dental issues,
including caries.
(4) Treatment options for commonly occurring dental issues.
(5) Options for obtaining access to dental care, including
information on eligibility for dental care through the
Department and on purchasing private dental insurance.
(6) Options for obtaining low or no-cost dental care,
including through dental schools and Federally Qualified Health
Centers.
(7) Such other matters relating to dental health as the
Secretary considers appropriate.
(c) Delivery of Educational Materials.--
(1) In general.--The Secretary shall provide educational
materials to veterans under the program required by subsection
(a) through a variety of mechanisms, including the following:
(A) The availability and distribution of print
materials at Department facilities, including medical
centers, clinics, Vet Centers, and readjustment
counseling centers.
(B) The availability and distribution of materials
over the Internet, including through webinars and My
HealtheVet.
(C) Presentations of information, including both
small group and large group presentations.
(2) Selection of mechanisms.--In selecting mechanisms for
purposes of this subsection, the Secretary shall select
mechanisms designed to maximize the number of veterans who
receive education under the program.
SEC. 5. INFORMATION ON DENTAL SERVICES FOR INCLUSION IN ELECTRONIC
MEDICAL RECORDS UNDER DENTAL INSURANCE PILOT PROGRAM.
(a) In General.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
expand the dental insurance pilot program established by section 17.169
of title 38, Code of Federal Regulations, to establish a mechanism by
which private sector dental care providers may forward to the
Department of Veterans Affairs information on dental care furnished to
individuals under the pilot program for inclusion in the electronic
medical records of the Department with respect to such individuals.
(b) Construction With Current Pilot Program Requirements.--
(1) In general.--Nothing in this section shall be construed
to revise eligibility for participation in, or the locations
of, the pilot program referred to in subsection (a).
(2) Duration.--The Secretary may continue the pilot program
for two years in addition to the duration otherwise provided
for the pilot program in section 17.169 of title 38, Code of
Federal Regulations, if the Secretary determines that the
continuation is needed to assess the mechanism required by
subsection (a).
(3) Voluntary participation in mechanism.--The
participation in the mechanism required by subsection (a) of an
individual otherwise participating in the pilot program shall
be at the election of the individual.
(c) Inclusion of Information on Mechanism in Reports.--Each report
to Congress on the pilot program after the date of the commencement of
the mechanism required by subsection (a) shall include information on
the mechanism, including a current assessment of the feasibility and
advisability of using the mechanism to include information on dental
care furnished to individuals in the electronic medical records of the
Department with respect to such individuals. | Enhanced Dental Care for Veterans Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to furnish additional dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost due to VA services or treatment furnished to such veteran. Directs the Secretary to: (1) carry out a three-year pilot program for furnishing dental care to veterans not otherwise eligible for dental services and treatment under current VA programs, (2) carry out a program of education to promote dental health for veterans, and (3) enable private sector dental care providers to submit information on dental care provided to veterans under the pilot program for inclusion in VA electronic medical records. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Troubled Assets Relief Program
Targeted Assets Act of 2009''.
SEC. 2. DEFINITIONS.
Section 3 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking paragraph (9)
and inserting the following new paragraphs:
``(9) Troubled assets.--The term `troubled assets' means--
``(A) any residential mortgage, and any security,
obligation, or other instrument that is based on or
related to such mortgage--
``(i) is in pre-foreclosure;
``(ii) with respect to which the borrower
has missed at least 2 payments within the last
6 months; or
``(iii) which is in forbearance; or
``(B) any other financial instrument that the
Secretary, after consultation with the Chairman of the
Board of Governors of the Federal Reserve System,
determines the purchase of which is necessary to
promote financial market stability, but only upon
transmittal of such determination, in writing, to the
appropriate committees of Congress.
``(10) Rehabilitated mortgage.--The term `rehabilitated
mortgage' means a mortgage which has been restructured,
refinanced or otherwise modified to lower the borrower's
monthly payment--
``(A) creating a front-end debt ratio, including
the cost of mortgage principal, interest, taxes, and
insurance, of no more than 30 percent of the gross
monthly income of the borrower; or
``(B) to a term deemed affordable by the borrower
after full disclosure by the lender and pursuant to
rules as may be established by the Secretary.
``(11) Independent appraiser.--The term `independent
appraiser' means a person who--
``(A) is licensed pursuant to the laws and
regulations of the State where the person practices;
``(B) is disclosed to the borrower or buyer; and
``(C) is not coerced, extorted, induced,
intimidated, bribed or otherwise influenced by or in
collusion with the mortgage lender, mortgaged broker,
mortgage banker, real estate broker, appraisal
management company or other persons or companies having
a vested interest in the transaction.''.
SEC. 3. LIMIT ON AUTHORITY TO WRITE OFF LOSSES.
Section 101 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking subsection
(a) and inserting the following new subsection:
``(a) Authority.--
``(1) In general.--The Secretary is authorized to establish
the Troubled Asset Restoration and Assistance Program
(hereafter in this title referred to as the `TARAP') to allow
the Treasury to purchase lender or servicer `losses' on
rehabilitated mortgages, on such terms and conditions as are
defined in this Act and determined by the Secretary.
``(2) Authority to purchase.--Through the TARAP, the
Treasury shall pay up to 80 percent of the difference between
the original asset and the rehabilitated asset to the lender or
servicer under certain conditions.
``(3) Write off of remainder.--That portion of the
difference between the original asset and the rehabilitated
asset to the lender or servicer that is not paid for by the
Secretary under paragraph (2) may be written to loss.''.
SEC. 4. REGULATIONS AND GUIDELINES.
Section 101(c) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking paragraph (5)
and inserting the following new paragraphs:
``(5) Issuing such regulations and other guidance as may be
necessary or appropriate to define terms or carry out the
authorities or purposes of this title including determining
qualifications for an independent appraiser, making the final
determinations as to whether an asset is troubled, what the
values are that will determine the amount of purchase, the
amount of reductions in the purchase price for purposes of
subsection (d)(2), and any other functionality issues required
to operate the program.
``(6) Conforming to guidelines established in subsection
(g), the Secretary is authorized to make all necessary rules
and determinations regarding documented best efforts, required
timelines, and other processes and procedures.''.
SEC. 5. ELIGIBLE ASSET.
Section 101 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(1) by striking subsection (d);
(2) by redesignating subsection (e) as subsection (i); and
(3) by inserting after subsection (c) the following new
subsections:
``(d) Eligible Assets.--
``(1) In general.--An asset is eligible for TARAP if--
``(A) it is the borrower's primary residence; and
``(B) it--
``(i) is a troubled asset, as defined in
section 3(9); or
``(ii) it was a troubled asset but has been
rehabilitated by the servicer or lender (as
defined in section 3(10)) on or after October
3, 2008, and allowing the borrower to remain in
the borrower's home.
``(2) Assets not included.--An asset is not eligible for
TARAP if--
``(A) it was valued at more than 150 percent of the
current fair market value; and
``(B) the original value was assessed solely by the
lender's appraiser,
unless the servicer or lender agrees to such reduction in the
purchase amount as the Secretary may require as a condition for
the purchase.
``(f) Eligible Lender or Servicer.--A lender or servicer is
eligible for TARAP assistance if--
``(1) the lender or servicer has agreed to full disclosure
requirements as may be established by the Secretary; or
``(2) the lender or servicer has agreed to use an
independent appraiser and standard appraisal practices as may
be established by the Secretary;
``(g) Program Guidelines.--
``(1) TARAP shall pay a servicer or lender up to 80 percent
of the difference between the original asset and rehabilitated
asset pursuant to such regulations as may be prescribed by the
Secretary.
``(2) The servicer or lender shall use documented best
efforts, prior to foreclosure, to work with the borrower to
create an affordable front-end debt ratio of up to 30 percent
of the borrower's gross monthly income.
``(3) The Secretary may establish mechanisms to provide for
those assets which cannot be rehabilitated under the preceding
guidelines.
``(h) Program Termination.--All authority under this section ceases
no later than December 31, 2009.''.
SEC. 6. DEFERRAL OF ALL FORECLOSURES ON ANY PRINCIPAL DWELLING OF A
CONSUMER FOR A 90-DAY PERIOD.
(a) In General.--Notwithstanding any provision of any State or
Federal law, after the date of the enactment of this Act, no creditor,
servicer, or holder of such mortgage, or any other person acting on
behalf of any such creditor, servicer, or holder, may take any action
to initiate a foreclosure, whether judicial or nonjudicial, or any
action in connection with a foreclosure already instituted other than
to suspend such foreclosure, with respect to any eligible mortgage of a
consumer, until the end of the 90-day period beginning on the date of
the enactment of this Act.
(b) Action by Consumer.--
(1) In general.--After the date of the enactment of this
Act, any consumer shall have the right to defer any initiation
of a foreclosure, whether judicial or nonjudicial, or any
action in connection with a foreclosure already instituted,
including any foreclosure sale, with respect to any eligible
mortgage by any creditor, servicer, or holder of such mortgage,
or any other person acting on behalf of any such creditor,
servicer, or holder, until the end of the 90-day period
beginning on the date of the enactment of this Act.
(2) Enforcement of right.--Any consumer may defend against
a foreclosure or bring an action in any court of competent or
general jurisdiction to compel compliance with the right of the
consumer under paragraph (1) to defer any initiation of a
foreclosure or any action in connection with a foreclosure
already instituted, including any foreclosure sale, with
respect to any eligible mortgage.
(c) Rule of Construction.--No provision of this section shall be
construed as affecting or altering the obligations of the consumer
under the terms of the eligible mortgage notwithstanding any deferral
of foreclosure.
(d) Eligible Mortgage Defined.--For purposes of this section, the
term ``eligible mortgage'' means any residential mortgage loan to any
consumer that constitutes a first lien on the dwelling or real property
securing the loan which constitutes, or on which is located, the
principal residence of the consumer. | Troubled Assets Relief Program Targeted Assets Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to establish the Troubled Asset Restoration and Assistance Program (TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on terms and conditions determined by the Secretary.
Directs the Treasury, acting through TARAP, to pay up to 80% of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions.
Permits the portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary to be written to loss.
Requires any regulations and other guidance the Secretary may issue to determine qualifications for an independent appraiser, and make final determinations as to: (1) whether an asset is troubled; (2) what the values are that will determine the amount of purchase; (3) the amount of reductions in the purchase price for certain otherwise ineligible assets; and (4) any other functionality issues required to operate the program.
Authorizes the Secretary, conforming to specified guidelines, to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures.
Identifies criteria for eligible assets and eligible lenders or servicers.
Sunsets TARAP on December 31, 2009.
Prohibits, for a 90-day period, a mortgage servicer, or holder, from taking action to initiate a foreclosure, or any action in connection with a foreclosure already instituted (other than to suspend it), with respect to any eligible mortgage of a consumer.
Entitles a consumer to defer initiation of a foreclosure, or any action in connection with one already instituted by any creditor, servicer, or holder of a mortgage, until the end of the 90-day period beginning on the date of the enactment of this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Center Support, Enhancement,
and Awareness Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Poison control centers are the primary defense of the
United States against injury and deaths from poisoning. Twenty-four
hours a day, the general public as well as health care
practitioners contact their local poison control centers for help
in diagnosing and treating victims of poisoning. In 2007, more than
4,000,000 calls were managed by poison control centers providing
ready and direct access for all people of the United States,
including many underserved populations in the United States, with
vital emergency public health information and response.
(2) Poisoning is the second most common form of unintentional
death in the United States. In any given year, there will be
between 3,000,000 and 5,000,000 poison exposures. Sixty percent of
these exposures will involve children under the age of 6 who are
exposed to toxins in their home. Poisoning accounts for 285,000
hospitalizations, 1,200,000 days of acute hospital care, and more
than 26,000 fatalities in 2005.
(3) In 2008, the Harvard Injury Control Research Center
reported that poisonings from accidents and unknown circumstances
more than tripled in rate since 1990. In 2005, the last year for
which data are available, 26,858 people died from accidental or
unknown poisonings. This represents an increase of 20,000 since
1990 and an increase of 2,400 between 2004 and 2005. Fatalities
from poisoning are increasing in the United States in near epidemic
proportions. The funding of programs to reverse this trend is
needed now more than ever.
(4) In 2004, The Institute of Medicine of the National Academy
of Sciences recommended that ``Congress should amend the current
Poison Control Center Enhancement and Awareness Act Amendments of
2003 to provide sufficient funding to support the proposed Poison
Prevention and Control System with its national network of poison
centers. Support for the core activities at the current level of
service is estimated to require more than $100 million annually.''.
(5) Sustaining the funding structure and increasing
accessibility to poison control centers will promote the
utilization of poison control centers and reduce the inappropriate
use of emergency medical services and other more costly health care
services. The 2004 Institute of Medicine Report to Congress
determined that for every $1 invested in the Nation's poison
control centers $7 of health care costs are saved. In 2005, direct
Federal health care program savings totaled in excess of
$525,000,000 as the result of poison control center public health
services.
(6) More than 30 percent of the cost savings and financial
benefits of the Nation's network of poison control centers are
realized annually by Federal health care programs (estimated to be
more than $1,000,000,000), yet Federal funding support (as
demonstrated by the annual authorization of $30,100,000 in Public
Law 108-194) comprises less than 11 percent of the annual network
expenditures of poison centers.
(7) Real-time data collected from the Nation's certified poison
control centers can be an important source of information for the
detection, monitoring, and response for contamination of the air,
water, pharmaceutical, or food supply.
(8) In the event of a terrorist event, poison control centers
will be relied upon as a critical source for accurate medical
information and public health emergency response concerning the
treatment of patients who have had an exposure to a chemical,
radiological, or biological agent.
SEC. 3. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL TOLL-FREE
NUMBER.
Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71)
is amended to read as follows:
``SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER.
``(a) In General.--The Secretary shall provide coordination and
assistance to poison control centers for the establishment of a
nationwide toll-free phone number, and the maintenance of such number,
to be used to access such centers.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 for fiscal year 2009 to carry out this section,
and $700,000 for each of fiscal years 2010 through 2014 for the
maintenance of the nationwide toll free phone number under subsection
(a).''.
SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON
CONTROL CENTER UTILIZATION.
(a) In General.--Section 1272 of the Public Health Service Act (42
U.S.C. 300d-72) is amended to read as follows:
``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER
UTILIZATION.
``(a) In General.--The Secretary shall carry out, and expand upon,
a national media campaign to educate the public and health care
providers about poison prevention and the availability of poison
control center resources in local communities and to conduct
advertising campaigns concerning the nationwide toll-free number
established under section 1271(a).
``(b) Contract With Entity.--The Secretary may carry out subsection
(a) by entering into contracts with one or more public or private
entities, including nationally recognized organizations in the field of
poison control and national media firms, for the development and
implementation of a nationwide poison prevention and poison control
center awareness campaign, which may include--
``(1) the development and distribution of poison prevention and
poison control center awareness materials;
``(2) television, radio, Internet, and newspaper public service
announcements; and
``(3) other activities to provide for public and professional
awareness and education.
``(c) Evaluation.--The Secretary shall--
``(1) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the nationwide media campaign
carried out under this section; and
``(2) on an annual basis, prepare and submit to the appropriate
committees of Congress, an evaluation of the nationwide media
campaign.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for fiscal year 2009, and $800,000 for each of fiscal years 2010
through 2014.''.
(b) Effective Date.--The amendment made by this section shall be
effective on the date of the enactment of this Act and shall apply to
contracts entered into on or after January 1, 2009.
SEC. 5. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT PROGRAM.
(a) In General.--Section 1273 of the Public Health Service Act (42
U.S.C. 300d-73) is amended to read as follows:
``SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM.
``(a) Authorization of Program.--The Secretary shall award grants
to poison control centers certified under subsection (c) (or granted a
waiver under subsection (d)) and professional organizations in the
field of poison control for the purposes of preventing, and providing
treatment recommendations for, poisonings and complying with the
operational requirements needed to sustain the certification of the
center under subsection (c).
``(b) Additional Uses of Funds.--In addition to the purposes
described in subsection (a), a poison center or professional
organization awarded a grant, contract, or cooperative agreement under
such subsection may also use amounts received under such grant,
contract, or cooperative agreement--
``(1) to establish and evaluate best practices in the United
States for poison prevention, poison control center outreach, and
emergency and preparedness programs;
``(2) to research, develop, implement, revise, and communicate
standard patient management guidelines for commonly encountered
toxic exposures;
``(3) to improve national toxic exposure surveillance by
enhancing cooperative activities between poison control centers in
the United States and the Centers for Disease Control and
Prevention;
``(4) to develop, support, and enhance technology and
capabilities of professional organizations in the field of poison
control to collect national poisoning, toxic occurrence, and
related public health data;
``(5) to develop initiatives to foster the enhanced public
health utilization of national poison data collected by
organizations described in paragraph (4);
``(6) to support and expand the toxicologic expertise within
poison control centers; and
``(7) to improve the capacity of poison control centers to
answer high volumes of calls and respond during times of national
crisis or other public health emergencies.
``(c) Certification.--Except as provided in subsection (d), the
Secretary may award a grant to a poison control center under subsection
(a) only if--
``(1) the center has been certified by a professional
organization in the field of poison control, and the Secretary has
approved the organization as having in effect standards for
certification that reasonably provide for the protection of the
public health with respect to poisoning; or
``(2) the center has been certified by a State government, and
the Secretary has approved the State government as having in effect
standards for certification that reasonably provide for the
protection of the public health with respect to poisoning.
``(d) Waiver of Certification Requirements.--
``(1) In general.--The Secretary may grant a waiver of the
certification requirements of subsection (c) with respect to a
noncertified poison control center that applies for a grant under
this section if such center can reasonably demonstrate that the
center will obtain such a certification within a reasonable period
of time as determined appropriate by the Secretary.
``(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
``(3) Limitation.--In no case may the sum of the number of
years for a waiver under paragraph (1) and a renewal under
paragraph (2) exceed 5 years. The preceding sentence shall take
effect as of the date of the enactment of the Poison Center
Support, Enhancement, and Awareness Act of 2008.
``(e) Supplement Not Supplant.--Amounts made available to a poison
control center under this section shall be used to supplement and not
supplant other Federal, State or local funds provided for such center.
``(f) Maintenance of Effort.--A poison control center, in utilizing
the proceeds of a grant under this section, shall maintain the
expenditures of the center for activities of the center at a level that
is not less than the level of expenditures maintained by the center for
the fiscal year preceding the fiscal year for which the grant is
received.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $27,500,000 for fiscal year
2009, and $28,600,000 for each of fiscal years 2010 through 2014. The
Secretary may utilize not to exceed 8 percent of the amount
appropriated under this preceding sentence in each fiscal year for
coordination, dissemination, technical assistance, program evaluation,
data activities, and other program administration functions that do not
include grants, contracts, or cooperative agreements under subsections
(a) and (b), which are determined by the Secretary to be appropriate
for carrying out the program under this section.''.
(b) Effective Date.--The amendment made by this section shall be
effective as of the date of the enactment of this Act and shall apply
to grants made on or after January 1, 2009.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Poison Center Support, Enhancement, and Awareness Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide coordination and assistance for the maintenance of the nationwide toll-free phone number to access poison control centers.
Requires the Secretary to carry out and expand upon a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control center resources in local communities. Authorizes the Secretary to enter into contracts with nationally recognized organizations in the field of poison control and national media firms for the development and implementation of a nationwide poison prevention and poison control center awareness campaign.
Expands the poison control center grant program to allow the Secretary to award grants for poison control centers to comply with the operational requirements needed to sustain certification. Adds as the purposes for which such grants may be used: (1) to establish and evaluate best practices in the United States for poison prevention, poison control center outreach, and emergency and preparedness programs; (2) to implement standard patient management guidelines for commonly encountered toxic exposures; (3) to develop, support, and enhance technology and capabilities of professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data; and (4) to develop initiatives to foster the enhanced public health utilization of national poison data. Eliminates matching requirements for such grants.
Authorizes appropriations for FY2009-FY2014. | [
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SECTION 1. SPECIAL OFFICE OF THE INSPECTOR GENERAL FOR NATURAL DISASTER
RESPONSE AND RECONSTRUCTION.
(a) Purposes.--The purposes of this section are as follows:
(1) To ensure that funds, services, products, and programs
intended to meet the needs of victims of Hurricane Katrina are
effectively and efficiently provided by maintaining direct,
independent and objective conduct of related audits and
investigations.
(2) To provide the Inspector General of the Department of
Homeland Security additional resources capable of making
recommendations and policies to prevent and detect fraud and
abuse, and ensure effective administration of programs and
services related to the aftermath of Hurricane Katrina.
(b) Definitions.--In this section:
(1) Affected area.--The term ``affected area'' means any
area determined in Presidential Disaster Declaration 1603,
1604, or 1605, issued August 29, 2005, to be adversely affected
by a major disaster.
(2) The term ``Inspector General'' means the Inspector
General of the Department of Homeland Security.
(3) The term ``Special Office'' means the Special Office of
the Inspector General for Natural Disaster Response and
Reconstruction established by this section.
(4) The term ``Director'' means the Director of the Special
Office.
(c) Special Office of the Inspector General for Natural Disaster
Response and Reconstruction.--There is hereby established within the
Office of the Inspector General of the Department of Homeland Security
the Special Office of the Inspector General for Natural Disaster
Response and Reconstruction.
(d) Director of the Special Office of the Inspector General.--
(1) In general.--The Director of the Special Office of the
Inspector General shall be the head of the Special Office and
shall be appointed by the Inspector General.
(2) Basis for appointment.--The appointment of the Director
shall be made solely on the basis of integrity, administrative
expertise, and demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public
administration, or investigations.
(3) Deadline for appointment.--The appointment of a
Director by the Inspector General shall be made not later than
30 days after the date of the enactment of this Act.
(4) Basic pay.--The annual rate of basic pay of the
Director shall be set by the Inspector General, subject to the
provisions of chapter 51 and subchapter III of chapter 53 or
title 5, United States Code, governing classification and
General Schedule pay rates.
(e) Supervision.--The Director shall report directly to, and be
under the direct authority and general supervision of, the Inspector
General.
(f) Duties.--
(1) In general.--It shall be the duty of the Special Office
to conduct, supervise, and coordinate audits and investigations
of the treatment, handling, and expenditure of Federal funds by
any organization providing relief, assistance, or
reconstruction related to Hurricane Katrina and of the
programs, operations, and contracts carried out utilizing such
funds, including--
(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of reconstruction
activities funded by such funds;
(C) the monitoring and review of contracts funded
by such funds;
(D) the monitoring and review of the transfer of
such funds and associated information between and among
the affected States, departments, agencies, and
entities of the Federal Government, and private and
nongovernmental entities; and
(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such funds.
(2) Systems, procedure, and controls.--The Director, in
consultation with the Inspector General, shall establish,
maintain, and oversee such systems, procedures, and controls as
shall be considered appropriate by them to discharge the duty
under paragraph (1).
(g) Personnel, Facilities, and Other Resources.--
(1) Additional employee.--The Inspector General may select,
appoint, and employ additional employees above authorized
levels as may be necessary for carrying out the duties of the
Special Office under this section, but no more than 40
additional full-time equivalent positions.
(2) Field office.--The Inspector General may operate field
offices in the affected areas as may be necessary for the
Special Office to carry out the duties prescribed in subsection
(f).
(h) Reports.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, or the end of the first fiscal
quarter beginning after the date of the enactment of this Act,
whichever is later, and every fiscal quarter thereafter, the
Inspector General shall submit to the Congress a report
summarizing the activities and findings, if any, of the Special
Office during the period after the last report issued/preceding
fiscal quarter? note that there will be no ``last report ''
before the first report . Each report shall include, for the
period covered by such report, a detailed statement of all
obligations, expenditures, and revenues associated with relief,
reconstruction, and rehabilitation activities in the areas
affected by Hurricane Katrina, including the following:
(A) Obligations and expenditures of appropriated
funds.
(B) Revenues attributable to or consisting of funds
provided by foreign nations or international
organizations, and any obligations or expenditures of
such revenues.
(C) Any contracts having a value of more than
$2,000,000 entered into by any Federal agency with any
public or private entity, to--
(i) provide products, services, or
temporary or permanent housing to those persons
affected by Hurricane Katrina; and
(ii) build or rebuild physical
infrastructure in the affected areas.
(D) In the case of any contract described in
subparagraph (C)--
(i) the amount of the contract or other
agreement;
(ii) a brief discussion of the scope of the
contract or other agreement;
(iii) a discussion of how the contracting
agency identified, and solicited offers from,
potential contractors to perform the contract,
together with a list of the potential
contractors that were issued solicitations for
the offers; and
(iv) the justification and approval
documents on which was based the determination
to use procedures other than procedures that
provide for full and open competition.
(E) A discussion related to any administrative
delays in getting available services or products to the
their intended recipients in a timely manner.
(2) Prohibition on disclosure of information.--Nothing in
this subsection shall be construed to authorize the public
disclosure of information that is specifically prohibited from
disclosure under law.
(i) Transparency.--Not later than 60 days after the date of the
submittal to the Congress of a report under subsection (h), the
Secretary of Homeland Security shall make copies of such report
available to the public upon request, and at a reasonable cost.
(j) Funding.--Of the funds appropriated for the Department of
Homeland Security in the Second Emergency Supplemental Appropriations
Act to Meet Immediate Needs Arising From the Consequences of Hurricane
Katrina, 2005, $15,000,000 shall be available to the Office of the
Inspector General to carry out this section for fiscal year 2006. | Establishes within the Office of Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction.
Requires the Special Office to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of federal funds by any organization providing relief, assistance, or reconstruction related to Hurricane Katrina, and of the programs, operations, and contracts carried out utilizing such funds. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Check Cashing Act of 1995''.
SEC. 2. STATE LICENSE OR REGISTRATION REQUIRED FOR CHECK CASHING
BUSINESSES.
(a) In General.--A person, other than a depository institution,
shall not engage in business in a State as a check cashing business
unless--
(1) the State has established a system for licensing or
registering check cashing businesses that is approved by the
Commission in accordance with section 3;
(2) the person is licensed by or registered with the State
under that approved State system, as applicable; and
(3) the person engages in that business in accordance with
the requirements under that system for licensing or
registration, as applicable.
(b) Penalty.--Any person that violates subsection (a) shall be
subject to a civil penalty of not more than $5,000, which may be
assessed by Commission.
(c) Effective Date.--Subsections (a) and (b) shall take effect on
the date that is 2 years after the date of the enactment of this Act.
(d) Limitation on Application to Existing Businesses.--Subsections
(a) and (b) shall not apply to engagement by a person in business in a
State as a check cashing business in the 1-year period beginning on the
date of approval of a check cashing business licensing or registration
system of the State under section 3, if the person engaged in that
business in the State on the date of the enactment of this Act.
SEC. 3. APPROVAL OF STATE CHECK CASHING BUSINESS LICENSING OR
REGISTRATION SYSTEM.
(a) In General.--Any State may apply to the Commission in
accordance with this section for approval of a State check cashing
business licensing or registration system.
(b) Requirements for Approval.--The Commission may approve a State
check cashing business licensing or registration system under this
section if the Commission finds that the system consists of State laws
that--
(1) prohibit any person from engaging in business in the
State as a check cashing business, unless the person--
(A) holds a license issued under the system, or
(B) in the case of a registration system, is
registered with the State under the system;
(2) prohibit the issuance of a check cashing business
license to a person or the registration of a person as such a
business, as applicable, unless the person--
(A) identifies to the State--
(i) all persons that are officers of the
business; and
(ii) all persons that own or control more
than 5 percent of the total ownership interest
in the business;
(B) complies with bonding or minimum capital
requirements established by the State;
(3) require that any person that engages in business in the
State as a check cashing business shall--
(A) post a schedule of all fees charged for
providing check cashing services, in a manner that is
conspicuous to the public;
(B) issue a receipt for each check cashing service
provided, that shows the amount of the check or other
instrument with respect to which the service is
provided, the fee charged for the service, and the date
the service is provided; and
(C) post the name and address of the State agency
responsible under State law for administering the
system, in a manner that is conspicuous to the public;
(4) prohibit any person from charging any fee for providing
a check cashing service, that is greater than the amount of fee
authorized for that service by the State;
(5) establish a centralized system for filing of check
cashing business licensing or registration documents, as
applicable;
(6) establish criteria for refusal, suspension, and
revocation of check cashing business licenses or registrations,
as applicable;
(7) establish criminal or civil penalties (or both) for
violations of the State laws;
(8) ensure the submission to the Commission of any changes
in the State laws described in this subsection; and
(9) comply with such additional requirements as may be
established by the Commission in regulations issued under
subsection (f).
(c) Limitation on Approval of Systems Providing Reciprocity.--The
Commission may not approve a State check cashing business licensing or
registration system under this section if the laws of the State
authorize the licensing or registration of a person under the system,
as applicable, on the basis of the person having been licensed or
registered under the laws of another State and without having to comply
with all requirements applicable under the laws of the State that
comprise the system.
(d) Submission, Review, and Approval of State Applications.--
(1) Submission of application.--A State may submit an
application to the Commission for approval of a State check
cashing business licensing or registration system under this
section--
(A) in the 1-year period beginning on the date of
the issuance of regulations under subsection (f), in
the case of a State which on the date of the enactment
of this Act does not prohibit, and has in effect laws
that establish requirements for, the operation of a
check cashing business;
(B) in the 2-year period beginning on that date of
issuance in the case of a State which on that date of
enactment does not prohibit, and does not have in
effect laws that establish requirements for, the
operation of a check cashing business; or
(C) in the 60-day period beginning on the date of
the enactment by the State of any law that repeals a
prohibition on the operation of check cashing
businesses, in the case of a State which on the date of
the enactment of this Act has in effect laws that
prohibit the operation of all check cashing businesses.
(2) Review and approval by commission.--The Commission
shall, by not later than 1 year after the date of submittal of
an application by a State under this subsection--
(A) approve the State system if the system complies
with the requirements for approval under subsection
(b); or
(B) disapprove the State system, recommend to the
State such changes in the system as are necessary for
approval, and provide the State one additional year to
make changes in State law to effect those changes.
(e) Review of Changes in Approved State Systems.--
(1) General.--Not later than 1 year after the date of
submission to the Commission of any change in the laws
described in subsection (b) of a State that has an approved
State system, the Commission shall--
(A) review the change to determine whether the
change is in accordance with the requirements for
approval of the system under subsection (b);
(B) approve the change as being in accordance with
those requirements, or disapprove the change as not
being in accordance with those requirements; and
(C) notify the State of that approval or
disapproval, including with any notification of
disapproval a description of such modifications to
State law as are necessary for the system to continue
to be an approved State system.
(2) Subsequent review; revocation of approval.--After
notifying a State under paragraph (1)(B) that the Commission
disapproves a change in the approved State system of the State,
the Commission shall--
(A) review any further modifications in the laws of
the State that have been enacted; and
(B)(i) approve the change and modifications if they
are in accordance with the requirements for approval
under subsection (b); or
(ii) revoke the Commission's approval of the State
system if they are not in accordance with those
requirements.
(f) Regulations and Guidelines.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Commission shall issue
regulations and guidelines for the submission of applications
and approval of State check cashing business licensing and
registration systems under this section.
(2) Additional requirements.--Regulations issued under this
subsection may include requirements for approval of such
systems in addition to the requirements under this section as
the Commission considers necessary to protect persons who
provide check cashing services, ensure the free flow of
commerce, or protect the monetary system of the United States.
(g) Rule of Construction.--This Act shall not be construed to
prohibit a State from establishing, assessing, collecting, and using
fees in the administration of a check cashing business licensing or
registration system under this Act.
SEC. 4. PROHIBITION ON REFUSAL BY INSURED DEPOSITORY INSTITUTION TO
CASH GOVERNMENT CHECKS.
(a) Prohibition.--An insured depository institution shall not
refuse to cash a government check, and an insured credit union shall
not refuse to cash a government check presented by a member of the
insured credit union, if--
(1) the check is presented for cashing by an individual who
is the payee of the check, and is properly endorsed by each
individual who is a payee of the check;
(2) the individual who presents the check for cashing
provides sufficient identification;
(3) the check and the identification documents required
under paragraph (2) do not bear evidence of forgery, fraud,
counterfeiting, alteration, or other tampering; and
(4) the face value of the check is less than $2500.
(b) Penalty.--An insured depository institution or insured credit
union that violates subsection (a) shall be liable for a civil penalty
of not more than $500 for each violation, which may be assessed by--
(1) the State agency having primary responsibility under
State law for administering an approved State system;
(2) the State agency having primary responsibility under
State law for administering laws regulating banking, in the
case of a violation in a State that does not have an approved
State system; or
(3) the person having responsibility under subsection (c)
for enforcing this section with respect to the depository
institution.
(c) Enforcement.--The requirements of this section shall be
enforced--
(1) under section 8 of the Federal Deposit Insurance Act
(12 U.S.C. 1818) by the Office of the Comptroller of the
Currency, with respect to national banks, and Federal branches
and Federal agencies of foreign banks;
(2) under section 8 of that Act by the Board of Governors
of the Federal Reserve, with respect to member banks of the
Federal Reserve System (other than national banks), branches
and agencies of foreign banks (other than Federal branches,
Federal agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by foreign
banks, and organizations operating under section 25 or 25(a) of
the Federal Reserve Act;
(3) under section 8 of that Act by the Board of Directors
of the Federal Deposit Insurance Corporation, with respect to
banks insured by the Federal Deposit Insurance Corporation
(other than members of the Federal Reserve System) and insured
State branches of foreign banks;
(4) under section 8 of that Act by the Director of the
Office of Thrift Supervision, with respect to any savings
association the deposits of which are insured by the Federal
Deposit Insurance Corporation;
(5) under the Federal Credit Union Act (12 U.S.C. 1752 et
seq.) by the Administrator of the National Credit Union
Administration, with respect to any insured credit union; and
(6) under the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) by the Farm Credit Administration, with respect to any
Federal land bank, Federal land bank association, Federal
intermediate credit bank, or production credit association.
(d) Rules of Construction.--This section shall not be construed
to--
(1) prohibit an insured depository institution from
charging fees to cash Government checks; or
(2) prohibit or preempt a State from establishing
requirements or limitations with respect to the charging of
fees by insured depository institutions for check cashing
services, that are different than State requirements or
limitations that apply to persons that are not insured
depository institutions.
SEC. 5. DISPENSING OF FEDERAL AND STATE GOVERNMENT BENEFITS BY
COMMUNITY DEVELOPMENT CREDIT UNIONS.
(a) Limitation on Authority of National Credit Union
Administration.--The National Credit Union Administration Board may not
prohibit any Federally chartered credit union from dispensing benefits
under any Federal or State assistance program (including benefits under
the Aid to Families with Dependent Children program under title IV of
the Social Security Act (42 U.S.C. 601 et seq.)) that are authorized to
be dispensed by a check cashing service.
(b) Study.--After the date that is 2 years after the date of the
enactment of this Act, and not later than 3 years after that date of
enactment, the Comptroller General of the United States shall conduct a
study and submit a report to the Congress on the effectiveness and
efficiency of the dispensation of benefits under Federal and State
assistance programs (including benefits under the aid to families with
dependent children program under title IV of the Social Security Act
(42 U.S.C. 601 et seq.) through federally chartered credit unions.
SEC. 6. STUDY OF DEBIT CARD SYSTEMS OF BENEFIT PAYMENTS AND BENEFIT
CHECK DELIVERY.
Not later than 9 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a study
and submit a report to the Congress on--
(1) the effects of requiring the use of a debit card system
for making all benefit payments by the Federal Government; and
(2) other innovative ways to enhance and upgrade the
current methods by which the Federal Government delivers
benefit payment checks.
SEC. 7. DEFINITIONS.
(a) In General.--As used in this Act--
(1) the term ``approved State system'' means a State check
cashing business license or registration system that is
approved by the Commission under section 3;
(2) the term ``check cashing business'' means a person that
regularly and primarily engages in the business of providing
any check cashing service for a fee and not in exchange for
goods or services;
(3) the term ``check cashing service'' means--
(A) the issuance, redemption, or cashing of a 2-
party or multi-party check or similar negotiable
instrument;
(B) the sale, redemption, or cashing of a travelers
check, money order, or similar negotiable instrument by
an agent of the issuer of the instrument that is
authorized to do so; or
(C) the transmittal of money by wire, in any form
or by any method or manner;
(4) the term ``Commission'' means the Federal Trade
Commission;
(5) the term ``depository institution'' has the meaning
given that term in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(6) the term ``Federally chartered credit union'' means a
credit union having an organization certificate approved by the
National Credit Union Board under section 102 of the Federal
Credit Union Act (123 U.S.C. 1752a);
(7) the term ``government check'' means any check issued by
the United States or any agency of the United States;
(8) the term ``insured depository institution'' has the
meaning given that term in section 3(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c));
(9) the term ``insured credit union'' has the meaning given
that term in section 101(7) of the Federal Credit Union Act (12
U.S.C. 1752(7));
(10) the term ``State'' means the 50 States, the District
of Columbia, and the territories and possessions of the United
States; and
(11) the term ``sufficient identification'' means--
(A) a valid driver's license that bears the name
and address of the person providing the license as
identification;
(B) a valid photo-identification card issued by a
State or Federal agency; or
(C) a valid United States passport.
(b) Terms Relating to Enforcement of Section 4.--A term used in
section 4 that is not defined in this Act shall have the meaning given
that term by--
(1) section 3(s) of the Federal Deposit Insurance Act (12
U.S.C. 1813(s)); or
(2) in the case of a term not defined in the Act referred
to in paragraph (1), section 1(b) of the International Banking
Act of 1978 (12 U.S.C. 3101). | Check Cashing Act of 1995 - Requires any person other than a depository institution to obtain a State license or registration as a prerequisite to conducting a check cashing business.
Prescribes guidelines under which the Federal Trade Commission may approve a State check cashing business licensing or registration system.
Cites circumstances under which an insured depository institution or (with respect to its members) credit union may not refuse to cash a government check presented by a payee.
Declares that the National Credit Union Administration Board may not prohibit any federally chartered (community development) credit union from dispensing benefits under a Federal or State assistance program that are authorized to be dispensed by a check cashing service.
Directs the Comptroller General to study and report to the Congress on: (1) the effectiveness of the dispensation of benefits under Federal and State assistance programs through federally chartered credit unions; and (2) the effects of requiring the use of a debit card system for making all federal benefit payments, as well as other innovative ways to upgrade current methods by which the Federal Government delivers benefit payment checks. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing a Government Shutdown
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year (or,
if applicable, for each fiscal year in a biennium) does not become law
before the beginning of such fiscal year or a joint resolution making
continuing appropriations is not in effect, there are appropriated, out
of any money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds, excluding
any budget authority designated as an emergency or temporary funding
for projects or activities that are not part of ongoing operations, to
such sums as may be necessary to continue any project or activity for
which funds were provided in the preceding fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year; or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
``(B) the last day of such fiscal year.
``(4) This section shall not provide funding for a new fiscal year
to continue any project or activity which is funded under the
provisions of this section at the end of the preceding fiscal year
until the enactment of a regular appropriation Act or joint resolution
making continuing appropriations for such project or activity during
such new fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, rural development, Food and Drug
Administration, and related agencies programs.
``(2) The Department of Defense.
``(3) Energy and water development, and related agencies.
``(4) State, foreign operations, and related programs.
``(5) The Department of Homeland Security.
``(6) The Department of the Interior, Environmental
Protection Agency, and related agencies.
``(7) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(8) Military construction, veterans affairs, and related
agencies.
``(9) Science, the Departments of State, Justice, and
Commerce, and related agencies.
``(10) The Departments of Transportation, Housing and Urban
Development, and related agencies.
``(11) The Legislative Branch.
``(12) Financial services and general Government.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
(c) Effective Date.--The amendment made by this section shall apply
to fiscal years beginning fiscal year 2011. | Preventing a Government Shutdown Act - Provides for automatic continuing appropriations if a regular appropriation bill for a fiscal year (or if applicable, for each fiscal year in a biennium) does not become law or a joint resolution making continuing appropriations is not in effect. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Seller-Financed Downpayment
Reform and Risk-Based Pricing Authorization Act of 2008''.
SEC. 2. FHA SELLER-FINANCED DOWNPAYMENT PROGRAM.
Paragraph (9) of section 203(b) of the National Housing Act (12
U.S.C. 1709(b)(9)) is amended--
(1) in subparagraph (C), by striking ``In no case shall the
funds required by subparagraph (A)'' and inserting the
following: ``Except in the case of a mortgage described in
subparagraph (D), the funds required by subparagraph (A) shall
not''; and
(2) by adding at the end the following new subparagraphs:
``(D) Exceptions to prohibited sources.--A mortgage
described in this subparagraph is any of the following
mortgages:
``(i) A mortgage under which the mortgagor
has a credit score equivalent to a FICO score
of 680 or greater.
``(ii) A mortgage under which--
``(I) the mortgagor has a credit
score equivalent to a FICO score of at
least 620 but less than 680; and
``(II) mortgage insurance premiums
charged are established--
``(aa) at levels necessary,
but no higher than needed, to
allow such class of loans to be
insured without resulting in a
need for an appropriation for a
credit subsidy, which may
exceed the maximum amount
permitted under section
203(c)(2)(B);
``(bb) in the case of the
single premium collected at the
time of insurance, in an amount
not exceeding 3.0 percent of
the amount of the original
principal obligation of the
mortgage; and
``(cc) in the case of the
annual premium for a mortgage
under which the mortgagor has a
credit score equivalent to a
FICO score of at least 640 but
less than 680, in an amount not
exceeding 1.25 percent of the
remaining insured principal
balance (excluding the portion
of the remaining balance
attributable to the premium
collected at the time of
insurance and without taking
into account delinquent
payments or prepayments).
``(iii) For mortgages insured in fiscal
year 2010 or thereafter, a mortgage under which
the mortgagor has a credit score equivalent to
a FICO score of 619 or less, but only if the
Secretary certifies that such loans can be
insured without resulting in a need for an
appropriation for a credit subsidy. For such
mortgages, the Secretary may charge premiums at
levels authorized under items (bb) and (cc) of
clause (ii)(II) and may establish a credit or
FICO score limitation or impose such other
requirements as are necessary to meet the
conditions for certification under this clause.
``(E) Requirements for downpayment assistance
entities.--Any entity participating in a program that
provides downpayment assistance for a mortgage
described in subparagraph (D) pursuant to the exception
under subparagraph (C), which programs shall include
programs of governmental agencies and private nonprofit
organizations, shall, before the closing for the loan
involved in the mortgage in connection with which such
assistance is provided--
``(i) offer to make available, to the
mortgagor, counseling regarding the
responsibilities and financial management
involved in homeownership;
``(ii) if such offer is accepted by the
mortgagor, make such counseling available for
the mortgagor; and
``(iii) in the case of any such entity that
is a private nonprofit organization, implement
a conflict of interest policy that prohibits
directors, officers, employees, and immediate
family members from receiving financial
benefits from any entity that is providing the
program with goods or services other than the
homeownership assistance program entity itself
or its wholly owned affiliate.
``(F) Civil money penalties for improperly
influencing appraisals.--The Secretary may impose a
civil money penalty, in the same manner and to the same
extent as for a violation under section 536, for
compensating, instructing, inducing, coercing, or
intimidating any person who conducts an appraisal of
the property to be subject to a mortgage described in
subparagraph (D) and under which any part of the funds
required by subparagraph (A) are provided to a party
described in subparagraph (C), or attempting to
compensate, instruct, induce, coerce, or intimidate
such a person, for the purpose of causing the appraised
value assigned to the property under the appraisal to
be based on any other factor other than the independent
judgment of such person exercised in accordance with
applicable professional standards.''.
SEC. 3. LIMITATIONS ON RISK-BASED PRICING.
Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is
amended by adding at the end the following new paragraphs:
``(3) Limitations on risk-based pricing.--Except as
provided in paragraph (4), the Secretary of Housing and Urban
Development shall not take any action on or after October 1,
2008, to implement or carry out--
``(A) risk-based premiums, which are designed for
mortgage lenders to offer borrowers an FHA-insured
product that provides a range of mortgage insurance
premium pricing, based on the risk that the insurance
contract represents, as set forth in the Notice
published in the Federal Register on May 13, 2008 (Vol.
73, No. 93, Pages 27703 through 27711) (effective July
14, 2008); or
``(B) any other risk-based premium product related
to the insurance of any mortgage on a single family
residence under this title, where the premium price for
such new product is based in whole or in part on a
borrower's Decision Credit Score, as that term is
defined in the Notice referred to in subparagraph (A),
or any successor thereto.
``(4) Flexible risk-based premiums.--Notwithstanding
paragraph (3) of this subsection and section 2133 of the FHA
Modernization Act of 2008 (Public Law 110-289):
``(A) Authority.--In the case only of a mortgage
under which the mortgagor has a credit score equivalent
to a FICO score of less than 600, the Secretary may
establish a mortgage insurance premium structure
involving a single premium payment collected prior to
the insurance of the mortgage or annual payments (which
may be collected on a periodic basis), or both, under
which the rate of premiums for such a mortgage may vary
according to the credit risk associated with the
mortgagor and the rate of any annual premium for such a
mortgage may vary according to such credit risk during
the mortgage term as long as the basis for determining
the variable rate is established before the execution
of the mortgage. The Secretary may change a premium
structure established under this subparagraph but only
to the extent that such change is not applied to any
mortgage already executed.
``(B) Establishment and alteration of premium
structure.--A premium structure shall be established or
changed under subparagraph (A) only by providing notice
to mortgagees and to the Congress, at least 30 days
before the premium structure is established or changed.
``(C) Annual report regarding premiums.--The
Secretary shall submit a report to the Congress
annually setting forth the rate structures and rates
established and altered pursuant to this paragraph
during the preceding 12-month period and describing how
such rates were determined.
``(D) Considerations for premium structure.--When
establishing and collecting premiums for mortgages
insured under a premium structure established under
this paragraph, the Secretary shall consider the
following:
``(i) The effect of the proposed premiums
or structure on the Secretary's ability to meet
the operational goals of the Mutual Mortgage
Insurance Fund as provided in section 202(a).
``(ii) Underwriting variables.
``(iii) The extent to which new pricing
under the proposed premiums or structure has
potential for acceptance in the private market.
``(iv) The administrative capability of the
Secretary to administer the proposed premiums
or structure.
``(v) The effect of the proposed premiums
or structure on the Secretary's ability to
maintain the availability of mortgage credit
and provide stability to mortgage markets.
``(E) Authority to base premium prices on product
risk.--
``(i) Authority.--In establishing premium
rates under this title, the Secretary may
provide for variations in such rates according
to the credit risk associated with the type of
mortgage product that is being insured under
this title, which may include providing that
premium rates differ between fixed-rate
mortgages and adjustable-rate mortgages insured
pursuant to section 251, between mortgages for
condominiums and mortgages for other interests
in properties, between mortgages having
different ratios of the principal obligation
under the mortgage to the appraised value of
the property, and between such other products
as the Secretary considers appropriate.
``(F) Payment incentives.--
``(i) Authority.--With respect to mortgages
for which insured the Secretary is authorized
to establish a premium structure under this
paragraph, the Secretary shall provide that the
payment incentive under subparagraph (ii)
applies upon the expiration of the 5-year
period beginning upon the time of insurance of
such a mortgage, and the Secretary may provide
that the payment incentive under clause (ii)
applies upon the expiration of the 3-year
period beginning upon the time of insurance of
such a mortgage. The Secretary may limit such
discretionary authority to mortgages prepaid or
paid in full during the 2-year period beginning
3 years after the time of insurance of such a
mortgage.
``(ii) Payment incentive.--In the case of
any mortgage to which the payment incentive
under this subparagraph applies, if, during the
period referred to in clause (i), all mortgage
payments, including insurance premiums, for
such mortgage have been paid on a timely basis,
upon the expiration of such period the
Secretary shall refund to the mortgagor, upon
payment in full of the obligation of the
mortgage, all or a portion of--
``(I) the amount by which the
single premium payment for such
mortgage collected at the time of
insurance exceeded the amount of the
single premium payment chargeable under
paragraph (2) at the time of insurance
for a mortgage of the same product type
having the same terms, but for which
the mortgagor has a credit score
equivalent to a FICO score of 600 or
more; and
``(II) in the case only of
mortgages for which annual premiums are
established and collected under
subparagraph (G), the amount by which
the cumulative amount of annual
premiums paid exceeded the amount of
the maximum annual premium that
otherwise may be established and
collected notwithstanding such
subparagraph.
``(G) Option for higher annual premium in lieu of
higher up-front premium.--In the case only of mortgages
for which the Secretary is authorized to establish a
premium structure under this paragraph, notwithstanding
paragraph (2)(B) of this subsection, the Secretary may
establish and collect, for a period not exceeding the
first 5 years of the term of the mortgage, annual
premium payments in an amount not exceeding 0.75
percent of the remaining insured principal balance of
the mortgage (excluding the portion of the remaining
balance attributable to the premium collected under
paragraph (2)(A) and without taking into account
delinquent payments or prepayments), except that--
``(i) the Secretary may utilize such
authority only for such classes of mortgagors
that the Secretary determines would otherwise
be subject to a single premium payment
collected at the time of insurance exceeding
2.25 percent of the amount of the original
insured principal obligation of the mortgage;
and
``(ii) for such mortgages, the Secretary
may not establish or collect a single premium
payment collected at the time of insurance
exceeding 2.25 percent of such original insured
principal obligation.''. | FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008 - (Sec. 2) Amends the National Housing Act to make exceptions to the prohibition against mortgage insurance for mortgages involving a downpayment using funds furnished by: (1) the seller or any party that benefits financially from the transaction (seller-financed downpayment); or (2) any third party that is reimbursed by the seller or any such party.
Makes eligible for mortgage insurance, in spite of a seller-financed downpayment, any mortagors with credit scores equivalent to a FICO score of: (1) 680 or more; (2) at least 620 but less than 680; or (3) 619 or less. Prescribes conditions for mortgage insurance in the latter two situations.
Requires entities participating in a governmental or private nonprofit program that provides downpayment assistance for such a mortgage to offer and make available, before loan closing, counseling about the responsibilities and financial management involved in homeownership.
Authorizes the Secretary of Housing and Urban Development to impose civil money penalties for improperly influencing appraisals.
(Sec. 3) Prohibits the Secretary from implementing: (1) risk-based premiums designed for mortgage lenders to offer a Federal Housing Administration (FHA)-insured product that provides a range of mortgage insurance premium pricing based upon a specified risk that the insurance contract represents; or (2) any other risk-based premium product for mortgage insurance on a single family residence where the premium price for such new product is based upon the borrower's Decision Credit Score.
Makes an exception from such prohibition for flexible risk-based premiums. Authorizes the Secretary to establish, for a mortgagor whose FICO credit score is under 600, a mortgage insurance premium structure with a variable rate that reflects the mortgagor's credit risk, if the basis for determining such rate is established before the mortgage is executed.
Requires notice to mortgagees and to Congress before such a premium structure is established or changed.
Requires the Secretary to consider specified factors when premiums are established and collected under a flexible risk-based premium structure.
Authorizes the Secretary to provide for variations in such rates according to the credit risk associated with the type of mortgage product that is being insured.
Requires the Secretary to make payment incentives to a mortgagor, in the form of certain refunds, upon payment in full of timely mortgage payments.
Authorizes the Secretary, for mortgages with a flexible risk-based premium, to establish a higher annual premium in lieu of a higher up-front premium. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Entertainment Protection
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Research shows that exposure to video games,
television, movies, and other forms of media has powerful
effects on the development of children and adolescents and that
such effects can be positive or negative depending on the
nature and content of the media.
(2) Experimental research and longitudinal research
conducted over the course of decades shows that exposure to
higher levels of violence on television, in movies, and in
other forms of media in adolescence causes people in the short-
term and, after repeated exposure, even years later to exhibit
higher levels of violent thoughts, anti-social and aggressive
behavior, fear, anxiety, and hostility, and desensitization to
the pain and suffering of others.
(3) This evidence is so strong, it has been replicated in
so many populations, and it draws on such diverse methodologies
that a 2003 comprehensive review of the literature concluded
``the scientific debate over whether media violence increases
aggression and violence is essentially over'' and 6 major
medical and public health organizations, including the American
Medical Association and the American Psychological Association,
issued a Joint Statement to Congress in 2000 stating that
research points ``overwhelmingly to a causal connection between
media violence and aggressive behavior''.
(4) New research shows that exposure to violent video games
causes similar effects as does exposure to violence in other
media, including increased levels of aggression in both the
short-term and long-term, and research shows that the uniquely
interactive, engaging nature of video games may be especially
powerful in shaping children's thoughts, feelings, and
behaviors.
(5) Research shows that children are more likely to imitate
the actions of a character with whom they identify, and in
violent video games the player is often provided with a
behavioral script where he or she takes the point of view of
the shooter or perpetrator.
(6) Research shows that children are more likely to learn
from behaviors that they repeat over and over again and
behaviors that they are rewarded for taking, and in most video
games, surveys show, players repeat actions over and over
again, aggression goes unpunished, and perpetrators are
rewarded for taking aggressive action
(7) The video game industry, through the Entertainment
Software Ratings Board, has created a system of self-
regulation, and a system to provide information to parents
about the nature and content of video games.
(8) The Entertainment Software Ratings Board has determined
that certain video games contain intense violence and explicit
sexual content that makes them inappropriate for minors, and
has rated these games Mature and Adults-Only.
(9) Research shows that children whose parents monitor and
control their access to violent media are less likely to
demonstrate the negative effects of such media.
(10) Parents rely on the Entertainment Software Ratings
Board ratings system to protect their children from
inappropriate material yet, numerous studies have demonstrated
that young people can access Mature-rated games with relative
ease.
(11) There is a need to enact legislation to ensure that
the ratings system is meaningful.
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Business.--The term ``business'' means any ongoing
lawful activity that is conducted--
(A) primarily for the purchase, sale, lease, or
rental of personal or real property, or for the
manufacture, processing, or marketing of products,
commodities, or any other personal property; or
(B) primarily for the sale of services to the
public.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Entertainment software ratings board.--The term
``Entertainment Software Ratings Board'' means the independent
rating system, or any successor ratings system--
(A) established by the Interactive Digital Software
Association; and
(B) developed to provide information to consumers
regarding the content of video and computer games.
(4) Video game.--The term ``video game'' means an
electronic object or device that--
(A) stores recorded data or instructions;
(B) receives data or instructions generated by the
person who uses it; and
(C) by processing such data or instructions,
creates an interactive game capable of being played,
viewed, or experienced on or through a computer, gaming
system, console, or other technology.
SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.
(a) In General.--No business shall sell or rent, or permit the sale
or rental of any video game with a Mature, Adults-Only, or Ratings
Pending rating from the Entertainment Software Ratings Board to any
individual who has not attained the age of 17 years.
(b) Affirmative Defenses.--
(1) In general.--It shall be a defense to any prosecution
for a violation of the prohibition under subsection (a) that a
business--
(A) was shown an identification document, which the
business reasonably believed to be valid, indicating
that the individual purchasing or renting the video
game had attained the age of 17 years or older; or
(B) had an established ratings enforcement policy--
(i) as evidenced by--
(I) cash register prompts reminding
employees of that business to check for
identification stating that a customer
is of an appropriate age to purchase or
rent a video game, or an established
video game age identification training
program for employees of that business;
(II) clear labels indicating the
rating on each video game sold or
rented by that business; and
(III) signs on the wall of the
business property explaining, in
simple, easy-to-understand language,
the ratings enforcement policy of that
business; or
(ii) as evidenced by an online age
verification system, in the case of online
sales.
(2) Limitation.--If a business is found to repeatedly
violate the prohibition in subsection (a) despite the adoption
by such business of an established ratings policy as described
in paragraph (1)(B), such business shall be prohibited in any
prosecution for a violation of this section from using any of
the defenses listed in subsection (b).
(c) Penalty.--The manager or agent of the manager acting in a
managerial capacity of a business found to be in violation of the
prohibition under subsection (a) shall be subject to a civil penalty,
community service, or both not to exceed--
(1) $1,000 or 100 hours of community service for the first
violation; and
(2) $5,000 or 500 hours of community service for each
subsequent violation.
SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE.
(a) In General.--The Commission shall contract with an organization
with expertise in evaluating video game content and that has no
financial or personal interest, connection, or tie with the video game
industry, to determine, in a written report, on an annual basis,
whether the ratings established by the Entertainment Software Ratings
Board remain consistent and reliable over time.
(b) Content of Analysis.--Each annual analysis report required
under subsection (a) shall--
(1) evaluate a random sample of video games, representing
the full menu of Entertainment Software Ratings Board ratings;
(2) determine whether each such rating has essentially the
same meaning from year to year; and
(3) compare Entertainment Software Ratings Board ratings to
independent, valid, and reliable rating systems ratings.
SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS.
The Commission shall conduct, and make public the results of, an
annual secret audit of businesses to determine how frequently minors
who attempt to purchase video games with a Mature, Adults-Only, or
Rating Pending rating are able to do so successfully.
SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS.
(a) In General.--The Commission shall conduct, to the extent
practicable, an investigation into embedded content in video games that
can be accessed through a keystroke combination, pass-code, or other
technological means to estimate--
(1) what proportion of video games contain embedded content
that is inconsistent with the rating given to such games, and
what proportion of the domestic market such games represent;
(2) what proportion of video games containing embedded
content that is inconsistent with the rating given to such
games are known to the video game manufacturer at the time of
the commercial release of the game to contain embedded content,
and what proportion of the domestic market such games
represent; and
(3) whether video game manufacturers have the capacity to
ensure that video games do not contain embedded content that is
inconsistent with the ratings given to such games.
(b) Sense of Congress.--It is the sense of Congress that whenever
the Commission determines that the content of a video game, either
immediately accessible or embedded but accessible through a keystroke
combination, pass-code, or other technological means, is inconsistent
with the rating given to such game, the Commission shall take
appropriate action under its authority to regulate unfair or deceptive
acts or practices in or affecting commerce as authorized under section
5 of the Federal Trade Commission Act (15 U.S.C. 45).
(c) Timing of Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall report to Congress the
findings of its investigation under subsection (a).
SEC. 8. AUTHORITY TO REGISTER COMPLAINTS.
(a) In General.--The Bureau of Consumer Protection of the Federal
Trade Commission shall ensure that consumers can file complaints
alleging that content-descriptions or labels on a video game are
misleading or deceptive using the same Commission Consumer Complaint
procedure by which the Bureau of Consumer Protection accepts complaints
concerning other forms of unfair, deceptive, or fraudulent advertising,
including through an easily accessible online filing system.
(b) Report to Congress.--The Bureau of Consumer Protection shall
tabulate and report to Congress, on an annual basis, the number of
complaints under subsection (a) levied against each video game
manufacturer and business.
SEC. 9. EFFECTIVE DATE.
This Act shall become effective 120 days after the date of
enactment of this Act. | Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years.
Subjects violators of this Act to a civil penalty.
Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable.
Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully; and (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content.
Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce.
Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure (including an easily accessible online filing system) by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White House Inspector General Act of
1996''.
SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Establishment of Office.--Section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1) by inserting ``the President (with
respect only to the Executive Office of the President),'' after
``means''; and
(2) in paragraph (2) by inserting ``the Executive Office of
the President,'' after ``means''.
(b) Appointment of Inspector General.--Not later than 120 days
after the effective date of this Act, the President shall nominate an
individual as the Inspector General of the Executive Office of the
President pursuant to the amendments made by subsection (a).
SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating the second section 8G (regarding a
rule of construction) as section 8I; and
(2) by inserting after the first section 8G (regarding
requirements for Federal entities and designated Federal
entities) the following:
``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
``(a) Authority, Direction, and Control of President.--
Notwithstanding the last 2 sentences of section 3(a), the Inspector
General of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect to
audits or investigations, or the issuance of subpoenas, which require
access to information concerning--
``(1) ongoing criminal investigations or proceedings;
``(2) undercover operations;
``(3) the identity of confidential sources, including
protected witnesses;
``(4) deliberations and decisions on policy matters,
including documented information used as a basis for making
policy decisions;
``(5) intelligence or counterintelligence matters; or
``(6) other matters the disclosure of which would
constitute a serious threat to the national security, or would
cause significant impairment to the national interests
(including interests in foreign trade negotiations), of the
United States.
``(b) Prohibiting Activities of Inspector General.--With respect to
information described in subsection (a), the President may prohibit the
Inspector General of the Executive Office of the President from
carrying out or completing any audit or investigation, or issuing any
subpoena, after the Inspector General has decided to initiate, carry
out, or complete such audit or investigation or to issue such subpoena,
if the President determines that--
``(1) the disclosure of that information would interfere
with the core functions of the constitutional responsibilities
of the President; and
``(2) the prohibition is necessary to prevent the
disclosure of that information.
``(c) Notice.--
``(1) Notice to inspector general.--If the President makes
a determination referred to in subsection (b)(1) or (2), the
President shall within 30 days notify the Inspector General in
writing stating the reasons for that determination.
``(2) Notice to congress.--Within 30 days after receiving a
notice under paragraph (1), the Inspector General shall
transmit a copy of the notice to each of the Chairman and the
ranking minority party member of the Committee on Government
Reform and Oversight of the House of Representatives, the
Committee on Governmental Affairs of the Senate, and other
appropriate committees or subcommittees of the Congress.
``(d) Semiannual Reports.--
``(1) Information to be included.--The Inspector General of
the Executive Office of the President shall include in each
semiannual report to the President under section 5, at a
minimum--
``(A) a list of the title or subject of each
inspection, investigation, or audit conducted during
the reporting period;
``(B) a statement of whether corrective action has
been completed on each significant recommendation
described in previous semiannual reports, and, in a
case where corrective action has been completed, a
description of such corrective action;
``(C) a certification that the Inspector General
has had full and direct access to all information
relevant to the performance of functions of the
Inspector General;
``(D) a description of all cases occurring during
the reporting period in which the Inspector General
could not obtain documentary evidence relevant to any
inspection, audit, or investigation due to a
determination of the President under subsection (b);
and
``(E) such recommendations as the Inspector General
considers appropriate concerning legislation to promote
economy and efficiency in the administration of
programs and operations undertaken by the Executive
Office of the President, and to detect and eliminate
fraud, waste, and abuse in such programs and
operations.
``(2) Transmission to congress.--Within 30 days after
receiving a semiannual report under section 5 from the
Inspector General of the Executive Office of the President, the
President shall transmit the report to each of the Chairman and
the ranking minority party member of the Committee on
Government Reform and Oversight of the House of Representatives
and the Committee on Governmental Affairs of the Senate with
any comments the President considers appropriate.''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on January 21, 1997. | White House Inspector General Act of 1996 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of the President's constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to and, at a minimum, supply additional specified information as well. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solar Fuels Innovation Act''.
SEC. 2. SOLAR FUELS BASIC RESEARCH INITIATIVE.
(a) Amendment.--Section 973 of the Energy Policy Act of 2005 (42
U.S.C. 16313) is amended to read as follows:
``SEC. 973. SOLAR FUELS BASIC RESEARCH INITIATIVE.
``(a) Initiative.--
``(1) In general.--The Secretary shall carry out a research
initiative, to be known as the Solar Fuels Basic Research
Initiative, to expand theoretical and fundamental knowledge of
photochemistry, electrochemistry, biochemistry, and materials
science useful for the practical development of experimental
systems to convert solar energy to chemical energy.
``(2) Leveraging.--The Secretary shall leverage expertise
and resources from the Basic Energy Sciences Program and
Biological and Environmental Research Program within the Office
of Science, and the Office of Energy Efficiency and Renewable
Energy, as provided under subsections (b) and (c).
``(3) Teams.--The Secretary shall organize activities under
the Solar Fuels Basic Research Initiative to include
multidisciplinary teams leveraging expertise from the National
Laboratories, universities, and the private sector to the
extent practicable. These multidisciplinary teams shall pursue
aggressive, milestone-driven basic research goals. The
Secretary shall provide sufficient resources for those teams to
achieve those goals over a period of time to be determined by
the Secretary.
``(4) Additional activities.--The Secretary is authorized
to organize additional activities under this subsection through
Energy Frontier Research Centers, Energy Innovation Hubs, or
other organizational structures.
``(b) Artificial Photosynthesis.--
``(1) In general.--The Secretary shall, as part of the
Solar Fuels Basic Research Initiative, carry out a program to
support research needed to bridge scientific barriers and
discover knowledge relevant to artificial photosynthetic
systems. In carrying out activities under this subsection, the
Director of the Office of Basic Energy Sciences shall support
basic research to pursue distinct lines of scientific inquiry,
including photoinduced production of hydrogen and oxygen from
water, and the sustainable photoinduced reduction of carbon
dioxide to fuel products including hydrocarbons, alcohols,
carbon monoxide, and natural gas. The Assistant Secretary for
Energy Efficiency and Renewable Energy shall support
translational research, development, and validation of physical
concepts developed under this subsection.
``(2) Standard of review.--The Secretary shall review the
program activities under this subsection to determine the
achievement of technical milestones.
``(3) Authorization of appropriations.--
``(A) Authorization.--Subject to subsection (d),
there are authorized for carrying out activities under
this subsection for each of fiscal years 2017 through
2020--
``(i) $50,000,000 from funds within the
Basic Energy Sciences Program account; and
``(ii) $25,000,000 from funds within the
Energy Efficiency and Renewable Energy account.
``(B) Prohibition.--No funds authorized under this
subsection may be obligated or expended for commercial
application of energy technology.
``(c) Biochemistry, Replication of Natural Photosynthesis, and
Related Processes.--
``(1) In general.--The Secretary shall, as part of the
Solar Fuels Basic Research Initiative, carry out a program to
support research needed to replicate natural photosynthetic
processes by use of artificial photosynthetic components and
materials. In carrying out activities under this subsection,
the Director of the Office of Basic Energy Sciences shall
support basic research to expand fundamental knowledge to
replicate natural synthesis processes, including the
photoinduced reduction of dinitrogen to ammonia, absorption of
carbon dioxide from ambient air, molecular-based charge
separation and storage, photoinitiated electron transfer, and
catalysis in biological or biomimetic systems. The Associate
Director of Biological and Environmental Research shall support
systems biology and genomics approaches to understand genetic
and physiological pathways connected to photosynthetic
mechanisms. The Assistant Secretary for Energy Efficiency and
Renewable Energy shall support translational research,
development, and validation of physical concepts developed
under this subsection.
``(2) Standard of review.--The Secretary shall review the
program activities under this subsection to determine the
achievement of technical milestones.
``(3) Authorization of appropriations.--
``(A) Authorization.--Subject to subsection (d),
there are authorized for carrying out activities under
this subsection for each of fiscal years 2017 through
2020--
``(i) $50,000,000 from funds within the
Basic Energy Sciences Program and Biological
and Environmental Research Program accounts;
and
``(ii) $25,000,000 from funds within the
Energy Efficiency and Renewable Energy account.
``(B) Prohibition.--No funds authorized under this
subsection may be obligated or expended for commercial
application of energy technology.
``(d) Funding.--No additional funds are authorized to be
appropriated under this section. This section shall be carried out
using funds otherwise authorized by law.''.
(b) Table of Contents Amendment.--The item relating to section 973
in the table of contents of such Act is amended to read as follows:
``Sec. 973. Solar Fuels Basic Research Initiative.''.
Passed the House of Representatives July 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Solar Fuels Innovation Act (Sec. 2) This bill amends the Energy Policy Act of 2005 by requiring the Department of Energy (DOE) to carry out the Solar Fuels Basic Research Initiative to expand scientific knowledge about converting solar energy into chemical energy. Specifically, DOE must support research about: (1) replicating natural photosynthetic processes in artificial photosynthesis processes, and (2) generating a variety of fuels produced from sunlight through artificial photosynthesis. (A photosynthetic process is one used by plants to convert light from the sun into chemical energy. Artificial, human-made photosynthesis mimics the natural process.) Appropriations authorized under the bill may not be obligated or expended for commercial application of energy technology. The bill repeals a requirement for DOE to support a research and development program in catalysis science (the acceleration of a chemical reaction by a catalyst). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Restoration and
Revitalization Act of 2004''.
SEC. 2. MODIFICATIONS TO RULES FOR DETERMINING THE APPLICABLE
PERCENTAGE FOR CERTAIN BUILDINGS ELIGIBLE FOR LOW-INCOME
HOUSING CREDIT.
(a) In General.--Subparagraph (B) of section 42(b)(2) of the
Internal Revenue Code of 1986 (relating to the method of prescribing
the applicable percentage) is amended by striking ``and'' at the end of
clause (i), by striking the period at the end of clause (ii) and
inserting a comma, and by adding at the end the following new clauses:
``(iii) 87.5 percent of the qualified basis
of a building described in paragraph (1)(A), if
the basis of the building is subject to the
basis adjustment for rehabilitation credit
property required under section 50(c), and
``(iv) 37.5 percent of the qualified basis
of a building described in paragraph (1)(B), if
the basis of the building is subject to the
basis adjustment for rehabilitation credit
property required under section 50(c).''.
(b) Effective Date.--The amendments made by this section shall
apply to--
(1) housing credit dollar amounts allocated after December
31, 2003, and
(2) buildings placed in service after such date to the
extent paragraph (1) of section 42(h) of the Internal Revenue
Code of 1986 does not apply to any building by reason of
paragraph (4) thereof, but only with respect to bonds issued
after such date.
SEC. 3. MODIFICATION TO BASIS ADJUSTMENT RULE.
(a) In General.--Paragraph (3) of subsection 50(c) of the Internal
Revenue Code of 1986 (relating to special rules for determining basis)
is amended by striking ``energy credit or reforestation credit'' and
inserting ``energy credit, reforestation credit, or rehabilitation
credit''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 4. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALLER
PROJECTS.
(a) In General.--Section 47 of the Internal Revenue Code of 1986
(relating to rehabilitation credit) is amended by adding at the end the
following new subsection:
``(e) Special Rule Regarding Certain Smaller Projects.--
``(1) In general.--In the case of any qualified
rehabilitated building or portion thereof--
``(A) which is placed in service after the date of
the enactment of this subsection, and
``(B) which is a smaller project,
subsection (a)(2) shall be applied by substituting `40 percent'
for `20 percent' with respect to qualified rehabilitation
expenditures not over $1,000,000, and `20 percent' with respect
to qualified rehabilitation expenditures of over $1,000,000.
``(2) Smaller project defined.--For purposes of this
section, the term `smaller project' means any qualified
rehabilitated building or portion thereof as to which--
``(A) the qualified rehabilitation expenditures
reported by the taxpayer for purposes of calculating
the credit under this section are not over $2,000,000,
except that for purposes of making this determination,
qualified rehabilitation expenditures attributable to
the provisions of subsection (c)(2)(E) shall be
disregarded, and
``(B) no credit was allowable under this section
during any of the two prior taxable years, provided
that this subparagraph shall not apply to any building
as to which the election provided for in subsection
(d)(5) shall have been made.
``(3) Coordination with subsection (d).--With respect to
any building as to which the election provided for in
subsection (d)(5) shall have been made, such building shall be
deemed a smaller project only if the qualified rehabilitation
expenditures reported by the taxpayer for purposes of
calculating the credit under this section with respect to the
taxable years to which such election shall apply are, in the
aggregate, not over $2,000,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
SEC. 5. USE FOR LODGING NOT TO DISQUALIFY FOR REHABILITATION CREDIT
PROPERTY WHICH IS NOT A CERTIFIED HISTORIC STRUCTURE.
(a) In General.--Subparagraph (C) of section 50(b)(2) of the
Internal Revenue Code of 1986 (relating to property eligible for the
investment credit) is amended by striking ``certified historic
structure'' and inserting ``qualified rehabilitated building''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
SEC. 6. DATE BY WHICH BUILDING MUST BE FIRST PLACED IN SERVICE.
(a) In General.--Subparagraph (B) of section 47(c)(1) of the
Internal Revenue Code of 1986 (relating to the date by which building
must be first placed in service) is amended--
(1) by striking ``Building must be first placed in service
before 1936'' and inserting ``Date by which building must first
be placed in service'', and
(2) by striking ``before 1936'' at the end of the
subparagraph and inserting ``no less than 50 years prior to the
year in which qualified rehabilitation expenditures are taken
into account under subsection (b)(1)''.
(b) Effective Date.--The amendments made by section shall apply to
property placed in service after the date of the enactment of this Act.
SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY.
(a) In General.--Clause (I) of section 47(c)(2)(B)(v) of the
Internal Revenue Code of 1986 (relating to tax-exempt use property) is
amended by striking the period at the end and inserting
``(1)(B)(ii)(IV), except that for purposes of this clause, `50 percent'
shall be substituted for `35 percent' in applying section
168(h)(1)(B)(iii))''.
(b) Effective Date.--The amendments made by section shall apply to
property placed in service after the date of the enactment of this Act.
SEC. 8. INCREASE IN REHABILITATION CREDIT FOR BUILDINGS IN HIGH COST
AREAS.
(a) In General.--Paragraph (2) of subsection 47(c) of the Internal
Revenue Code of 1986 (relating to the definition of qualified
rehabilitation expenditures) is amended by adding at the end the
following new subparagraph:
``(E) Increase in credit for buildings in high cost
areas.--
``(i) In general.--In the case of any
qualified rehabilitated building located in a
qualified census tract or difficult development
area which is designated for purposes of this
subparagraph, the qualified rehabilitation
expenditures for purposes of this section shall
be 130 percent of such expenditures determined
without regard to this subparagraph.
``(ii) Rules.--For purposes of clause (i),
rules similar to the rules of section
42(d)(5)(C) (excluding clause (i) thereof)
shall be applied.''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Community Restoration and Revitalization Act of 2004 - Amends the Internal Revenue Code to: (1) allow an increased rehabilitation tax credit for certain low-income buildings; (2) allow a basis reduction adjustment for property eligible for the credit; (3) increase the credit for certain smaller buildings; (4) allow property eligible for the credit to be used for lodging purposes; (5) modify placed-in-service rules for credit property; (6) modify qualification rules for credit property that is tax-exempt use property; and (7) increase the credit for buildings in high cost areas. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``CJ's Home Protection Act of 2008''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) nearly 20,000,000 Americans live in manufactured homes,
which often provide a more accessible and affordable way for
many families to buy their own homes;
(2) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(3) NOAA Weather Radio (NWR) is a nationwide network of
radio stations broadcasting continuous weather information
directly from a nearby National Weather Service (NWS) office,
and broadcasts NWS warnings, watches, forecasts, and other all-
hazard information 24 hours a day;
(4) the operators of manufactured housing communities
should be encouraged to provide a safe place of shelter for
community residents or a plan for the evacuation of community
residents to a safe place of shelter within a reasonable
distance of the community for use by community residents in
times of severe weather, including tornados and high winds, and
local municipalities should be encouraged to require approval
of these plans;
(5) the operators of manufactured housing communities
should be encouraged to provide a written reminder semiannually
to all owners of manufactured homes in the manufactured housing
community to replace the batteries in their weather radios; and
(6) weather radio manufacturers should include, in the
packaging of weather radios, a written reminder to replace the
batteries twice each year and written instructions on how to do
so.
SEC. 3. FEDERAL MANUFACTURED HOME INSTALLATION STANDARDS.
Section 605 of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5404) is amended by adding at
the end the following new subsection:
``(d) Weather Radios.--
``(1) Provision of installation instructions.--A
manufacturer shall provide with each manufactured home (other
than a manufactured home affixed to a permanent foundation),
instructions for the installation of a weather radio required
under this section.
``(2) Model installation standards.--The Federal
manufactured home installation standards established by the
Secretary under this section shall require that each
manufactured home (other than a manufactured home affixed to a
permanent foundation) shall be installed with a weather radio
inside the manufactured home that--
``(A) is capable of broadcasting emergency
information relating to local weather conditions;
``(B) is equipped with a tone alarm;
``(C) is equipped with Specific Alert Message
Encoding, or SAME technology; and
``(D) complies with Consumer Electronics
Association (CEA) Standard 2009-A (or current revision
thereof) Performance Specification for Public Alert
Receivers.
``(3) Responsibility of manufactured home installers.--It
shall be the duty of manufactured home installers to ensure
that manufactured homes (other than manufactured homes affixed
to a permanent foundation) are supplied and installed with a
weather radio required under this subsection.
``(4) Definition of affixed to a permanent foundation.--For
purposes of this subsection, the term `affixed to a permanent
foundation' has the meaning given that term in the Department
of Housing and Urban Development's publication entitled
`Permanent Foundations Guide For Manufactured Housing' dated
September 1996.
``(5) Liability protections.--
``(A) Immunity for manufacturers.--Manufacturers of
manufactured homes shall be immune from common law
civil liability for any aspect of the installation,
furnishing, function, operation, performance,
capabilities, or utilization of the weather radio
mandated by the Federal manufactured home installation
standards promulgated in accordance with this
subsection, including any instructions related thereto.
``(B) Immunity for installers.--Manufactured home
installers shall be immune from common law civil
liability for any aspect of the installation,
furnishing, function, operation, performance,
capabilities, or utilization of the weather radio
mandated by the Federal manufactured home installation
standards promulgated in accordance with this
subsection, including any instructions related thereto.
``(C) Immunity for retailers.--Retailers of
manufactured homes shall be immune from common law
civil liability for any aspect of the installation,
furnishing, function, operation, performance,
capabilities, or utilization of the weather radio
mandated by the Federal manufactured home installation
standards promulgated in accordance with this
subsection, including any instructions related thereto.
``(D) Immunity for operators of housing
communities.--Any reminder, assistance, or instructions
provided by the operator of a manufactured housing
community concerning the function of a weather radio
contained in a manufactured home shall not subject the
operator, an owner or employee of the manufactured home
community, or the manufacturer of the manufactured home
to liability for the functionality of that weather
radio.
``(6) Exemption for modular homes.--
``(A) In general.--The installation standards
required to be established under paragraph (2) shall
not apply to modular homes.
``(B) Definition of modular home.--For purposes of
this paragraph, the term `modular home' has the meaning
given such term in the law of the State in which the
modular home is located.''.
SEC. 4. ESTABLISHMENT.
Not later than the expiration of the 90-day period beginning on the
date of the enactment of this Act, the consensus committee established
pursuant to section 604(a)(3) of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5304(a)(3))
shall develop and submit to the Secretary of Housing and Urban
Development a proposed Federal manufactured home installation standards
required under section 605(d) of such Act (as added by the amendment
made by section 3 of this Act). Notwithstanding section 604(a)(5)(B) of
such Act, the Secretary of Housing and Urban Development shall issue a
final order promulgating the standard required by such section 605(i)
not later than the expiration of the 90-day period beginning upon
receipt by the Secretary of the proposed standard developed and
submitted by the consensus committee.
SEC. 5. STUDY.
The Secretary of Housing and Urban Development shall conduct a
study regarding conditioning the applicability of the requirement under
the amendment made by section 3 of this Act (relating to the
installation of weather radios in manufactured homes) on the geographic
location at which a manufactured home is placed, but only to the extent
that such requirement applies to new manufactured homes and new site-
built homes. In conducting such study and making determinations under
to the study, the Secretary shall take into consideration severe
weather conditions, such as high winds and flooding, and wind zones and
other severe weather data available from the National Weather Service.
Not later than the expiration of the 18-month period beginning on the
date of the enactment of this Act, the Secretary shall complete the
study and submit a report regarding the results of the study to the
Committee on Banking, Housing, and Urban Affairs of the Senate and to
the Committee on Financial Services of the House of Representatives. | CJ's Home Protection Act of 2008 - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise federal standards for manufactured homes (other than one affixed to a permanent foundation) to require each such home to be installed with a weather radio: (1) capable of broadcasting emergency information relating to local weather conditions; (2) equipped with a tone alarm and Specific Alert Message Encoding, or SAME technology; and (3) compliant with the Consumer Electronics Association (CEA) Standard 2009-A Performance Specification for Public Alert Receivers (or its current revision).
Shields from common law civil liability: (1) manufacturers, installers, or retailers of manufactured homes for any aspect of the installation, furnishing, function, operation, performance, capabilities, or utilization of such a weather radio; and (2) the operator, owner, or employee of a manufactured home community, or the home manufacturer, with respect to the functionality of such a radio owing to any reminder, assistance, or instructions the community operator provides.
Exempts modular homes from such installation standards.
Requires the consensus committee established under such Act to develop and submit to the Secretary of Housing and Urban Development a proposed standard for installed weather radios.
Requires the Secretary to study and report to specified congressional committees on conditioning the applicability of the weather radio installation requirement on the geographic location at which a manufactured home is placed. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Interstate Abortion
Notification Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
Part I of title 18, United States Code, is amended by inserting
after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``2432. Transportation of minors in circumvention of certain laws
relating to abortion and incest.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that the minor obtain an abortion, and thereby in
fact abridges the right of a parent of the minor under a law
requiring parental involvement in a minor's abortion decision,
in force in the State in which the minor resides, shall be
fined under this title or imprisoned not more than 1 year, or
both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent of a minor occurs if an
abortion is performed or induced on the minor, in a State other
than the State in which the minor resides or in a foreign
country, without the parental consent or notification, or the
judicial authorization, that would have been required under a
law requiring parental involvement in a minor's abortion
decision had the abortion been performed in the State in which
the minor resides.
``(b) Exceptions.--
``(1) Life-endangering conditions.--The prohibition under
subsection (a) shall not apply if the abortion is necessary to
save the life of the minor because her life is endangered by a
physical disorder, physical injury, or physical illness,
including a life endangering physical condition caused by or
arising from the pregnancy itself.
``(2) Minors and parents.--A minor transported in violation
of this section, and any parent of that minor, may not be
prosecuted or sued for a violation of this section, a
conspiracy to violate this section, or an offense under section
2 or 3 of this title based on a violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant--
``(1) reasonably believed, based on information the
defendant obtained directly from a parent of the minor, that
before the minor obtained the abortion, the parental consent or
notification took place that would have been required under the
law requiring parental involvement in a minor's abortion
decision, had the abortion been performed in the State in which
the minor resides; or
``(2) was presented with documentation showing with a
reasonable degree of certainty that a court in the minor's
State of residence waived any parental notification required by
the laws of that State, or otherwise authorized that the minor
be allowed to procure an abortion.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor
described in subsection (a).
``(e) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or other substance or device to
intentionally--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) prematurely terminate the pregnancy of a
woman known to be pregnant, with an intention other
than to--
``(i) increase the probability of a live
birth or of preserving the life or health of
the child after live birth; or
``(ii) remove a dead unborn child;
``(2) the term `law requiring parental involvement in a
minor's abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity not
described in that subparagraph;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under a law requiring
parental involvement in a minor's abortion decision;
``(4) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) an individual standing in loco parentis--
``(i) who has care and control of the
minor;
``(ii) with whom the minor regularly
resides; and
``(iii) who is designated by the law
requiring parental involvement in the minor's
abortion decision as an individual to whom
notification, or from whom consent, is
required; and
``(5) the term `State' includes--
``(A) the District of Columbia;
``(B) any commonwealth, possession, or other
territory of the United States; and
``(C) any Indian tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to abortion and incest
``(a) Offense.--Notwithstanding section 2431(b)(2), whoever has
committed an act of incest with a minor and knowingly transports the
minor across a State line with the intent that the minor obtain an
abortion, shall be fined under this title or imprisoned not more than 1
year, or both.
``(b) Definitions.--For the purposes of this section, the terms
`abortion', `minor', and `State' have the meanings given those terms in
section 2435.''.
SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.
Part I of title 18, United States Code, is amended by inserting
after chapter 117A (as added by section 2) the following:
``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION
``Sec.
``2435. Child interstate abortion notification.
``Sec. 2435. Child interstate abortion notification
``(a) Offense.--
``(1) Generally.--A physician who knowingly performs or
induces an abortion on a minor in violation of the requirements
of this section shall be fined under this title or imprisoned
not more than 1 year, or both.
``(2) Parental notification.--
``(A) Actual notice.--A physician who performs or
induces an abortion on a minor who is a resident of a
State other than the State in which the abortion is
performed or induced shall provide, or cause his or her
agent to provide, not less than 24 hours actual notice
to a parent of the minor before performing or inducing
the abortion.
``(B) Constructive notice.--If actual notice to a
parent under subparagraph (A) is not accomplished after
a reasonable effort has been made, not less than 24
hours constructive notice shall be given to a parent of
the minor before the abortion is performed or induced.
``(b) Exceptions.--The notification requirement under subsection
(a)(2) shall not apply if--
``(1) the abortion is performed or induced in a State that
has in force a law requiring parental involvement in a minor's
abortion decision and the physician complies with the
requirements of that law;
``(2) the physician is presented with documentation showing
with a reasonable degree of certainty that a court in the
minor's State of residence has waived any parental notification
required by the laws of that State, or has otherwise authorized
that the minor be allowed to procure an abortion;
``(3) the minor declares in a signed written statement that
she is the victim of sexual abuse, neglect, or physical abuse
by a parent, and, before an abortion is performed on the minor,
the physician notifies the authorities specified to receive
reports of child abuse or neglect by the law of the State in
which the minor resides of the known or suspected abuse or
neglect;
``(4) the abortion is necessary to save the life of the
minor because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself, except that an exception under this paragraph
shall not apply unless the attending physician or an agent of
such physician, not later than 24 hours after completion of the
abortion, notifies a parent of the minor in writing that an
abortion was performed on the minor and of the circumstances
that warranted invocation of this paragraph; or
``(5) the minor is physically accompanied by a person who
presents the physician or his or her agent with documentation
showing with a reasonable degree of certainty that he or she is
in fact the parent of that minor.
``(c) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor
described in subsection (a).
``(d) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or other substance or device to
intentionally--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) prematurely terminate the pregnancy of a
woman known to be pregnant, with an intention other
than to--
``(i) increase the probability of a live
birth or of preserving the life or health of
the child after live birth; or
``(ii) remove a dead unborn child;
``(2) the term `actual notice' means the giving of written
notice directly, in person, by the physician or any agent of
the physician;
``(3) the term `constructive notice' means notice that is
given by certified mail, return receipt requested, restricted
delivery to the last known address of the person being
notified, with delivery deemed to have occurred 48 hours
following noon on the next day subsequent to mailing on which
regular mail delivery takes place, excluding days on which mail
is not delivered;
``(4) the term `law requiring parental involvement in a
minor's abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity not
described in that subparagraph;
``(5) the term `minor' means an individual who--
``(A) has not attained the age of 18 years; and
``(B) is not emancipated under the law of the State
in which the minor resides;
``(6) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) an individual standing in loco parentis--
``(i) who has care and control of the
minor; and
``(ii) with whom the minor regularly
resides,
as determined by State law;
``(7) the term `physician' means--
``(A) a doctor of medicine legally authorized to
practice medicine by the State in which the doctor
practices medicine; or
``(B) any other person legally empowered under
State law to perform an abortion; and
``(8) the term `State' includes--
``(A) the District of Columbia;
``(B) any commonwealth, possession, or other
territory of the United States; and
``(C) any Indian tribe or reservation.''.
SEC. 4. CLERICAL AMENDMENT.
The table of chapters at the beginning of part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 117 the following new items:
``117A. Transportation of minors in circumvention of certain 2431
laws relating to abortion.
``117B. Child interstate abortion notification.............. 2435''.
SEC. 5. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--The provisions of this Act shall be severable.
If any provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
(b) Effective Date.--This Act and the amendments made by this Act
shall take effect 45 days after the date of enactment of this Act. | Child Interstate Abortion Notification Act This bill amends the federal criminal code to make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Additionally, this bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements, subject to specified exceptions. A physician violator is subject to criminal penalties—a fine, up to one year in prison, or both. | [
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] |
SECTION 1. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The workers who mine American coal have fueled nearly 2
centuries of industrial development, and are crucial to the
Nation's economic well-being.
(2) The Federal Government has had a central role with
regard to both the coal industry and the health and welfare of
coal miners. Both the Congress and the executive branch have
frequently intervened in the coal industry to protect the
interests of both coal miners and the industry itself. For
example--
(A) the Congress enacted legislation--
(i) regulating the coal industry to protect
the health and safety of coal miners; and
(ii) guaranteeing health care for coal
miners and their families, and providing
benefits to victims of black lung disease; and
(B) the Executive Branch has seized the Nation's
coal mines for the purpose of negotiating a collective
bargaining agreement on the mine owners' behalf, has
otherwise frequently intervened in collective
bargaining in the coal industry, and has created
numerous panels and commissions to study problems and
issues unique to coal mining communities and the coal
Industry.
(3) Because coal is an abundant domestic resource, a strong
coal industry serves to reduce American dependence upon foreign
oil and is vital both to commerce and to the defense of the
United States.
(4) As the result of the abuse of the provisions of
bankruptcy law, certain coal industry employers have been able
to gain unfair advantages over their competitors, primarily at
the expense of their employees.
(b) Sense of the Congress.-- It is the sense of the Congress that
the abuse of the provisions of bankruptcy law by certain coal industry
employers is damaging to the economic health of the United States, as
well as to the employees who are directly harmed by such legal abuses.
SEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE.
Title 11 of the United States Code is amended--
(1) in section 101 by inserting after paragraph (5) the
following:
``(5A) Coal industry employer.--The term `coal industry
employer' means an employer in the coal industry, and all
members of the employer's controlled group of corporations and
all trades and businesses under common control (within the
meaning of sections 52(a) and 52(b) of the Internal Revenue
Code of 1986).
``(5B) Covered facility of a coal industry employer.--The
term `covered facility of a coal industry employer' means any
facility owned or operated by a coal industry employer that is
involved in the production, processing, or transportation of
coal.'';
(2) in section 363 by adding at the end the following:
``(p) Notwithstanding subsection (f), a covered facility of a
debtor that is coal industry employer that is sold by the trustee shall
remain subject to the labor rights of the current and former employees
of the debtor. For purposes of this subsection, the term `labor rights'
means--
``(1) if the employees at a covered facility of a coal
industry employer to be sold are covered under the terms of a
current collective bargaining agreement (other than an
agreement that has been rejected pursuant to the terms of
sections 365 or 1113), the obligations of the debtor arising
under that agreement or under the National Labor Relations Act;
or
``(2) if the employees at a covered facility of a coal
industry employer to be sold are represented by a labor
organization but are not covered under the terms of an current
collective bargaining agreement, the obligations of the debtor
arising under the National Labor Relations Act.
Furthermore, in the case of the sale of a covered facility of a coal
industry employer at which employees are represented by a labor
organization, such labor organization shall be conclusively presumed to
enjoy majority support for a period of 1 year from the date of such
sale, or such longer period as required by applicable nonbankruptcy
law.'';
(3) in section 1113 by adding at the end the following:
``(g)(1) Notwithstanding any other provision of this section, no
application for the rejection of a collective bargaining agreement
between a coal industry employer relating to a covered facility of such
coal industry employer shall be approved unless the following
additional conditions are met:
``(A) The information provided pursuant to subsection
(b)(1)(B) has been personally verified by the principal
officers (including the principal executive officer and
principal financial officer) of the debtor under penalty of
perjury.
``(B) As soon as practicable after the filing of an
application under this section, the Secretary of Labor shall
submit a list of five disinterested individuals who are
qualified and willing to serve as trustees in the case. The
United States trustee shall appoint one of such individuals to
serve as trustee in the case.
``(C) The court finds that the executive management of the
debtor has not received any wage increases or bonuses during
the period that the case is pending under this title, or within
the year preceding the filing of the petition, or that any such
wage increases or bonuses have been disgorged and refunded to
the debtor.
``(D) The court finds that the proposal made pursuant to
subsection (b)(1)(A)--
``(i) does not purport to relieve the debtor, or
the purchaser of a covered facility of a coal industry
employer, from any obligations otherwise arising under
the National Labor Relations Act;
``(ii) provides that the purchaser of any facility
owned by the debtor is to be considered a `successor'
under the National Labor Relations Act;
``(iii) does not abridge labor rights, as defined
in section 363(p); and
``(iv) provides that existing employees retain all
noneconomic employment rights provided under the terms
of the collective bargaining agreement (including the
right to not be terminated without cause and any recall
rights following a layoff), both with regard to the
debtor and the purchaser of a covered facility of a
coal industry employer.
``(2) Any obligations arising under the terms of a collective
bargaining agreement prior to the entry of relief under this section
shall be secured by a lien on all of the assets of the debtor.''; and
(4) in section 1114 by adding the following at the end:
``(m) If the court enters an order approving an application for the
modification of retiree benefits owed by a coal industry employer
relating to a covered facility of such coal industry employer, all
members of the debtor's controlled group of corporations and all trades
and businesses under common control (within the meaning of sections
52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly
and severally liable for all damages arising as the result of the entry
of such order, and all such claims shall be entitled to priority
pursuant to section 507(a)(1).''.
SEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act, and shall apply with respect to
cases commenced under title 11 of the United States Code before, on, or
after such date. | Expresses the sense of Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses.
Amends Federal bankruptcy law to declare that sale by the bankruptcy trustee of a facility owned or operated by a coal industry employer involved in coal production, processing, or transportation is subject to the labor rights of the current and former employees of the debtor.
States that if employees at such facility are represented by a labor organization, such organization is conclusively presumed to enjoy majority support for a period of one year from the date of such sale, or such longer period as required by applicable nonbankruptcy law.
Sets forth criteria for approval of an application to reject a collective bargaining agreement by a coal industry employer relating to a covered facility.
States that obligations arising under the terms of a collective bargaining agreement before the entry of bankruptcy relief are secured by a lien on all of the debtor's assets.
Declares that all members of a debtor's controlled group of corporations are jointly and severally liable for damages arising as the result of the court-approved application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility. Declares all such claims entitled to priority status. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Reform Act of
1995''.
SEC. 2. MEMBERSHIP OF THE FEDERAL OPEN MARKET ADVISORY COMMITTEE.
(a) In General.--Section 12A(a) of the Federal Reserve Act (12
U.S.C. 263(a)) is amended to read as follows:
``(a) Establishment of Advisory Committee.--
``(1) In general.--There is established a Federal Open
Market Advisory Committee (hereafter in this section referred
to as the `Advisory Committee'), which shall consist of the
presidents of the Federal Reserve banks.
``(2) Chairperson.--The president of the Federal Reserve
Bank of New York shall serve as the chairperson of the Advisory
Committee.
``(3) Meetings.--The meetings of the Advisory Committee
shall be held in Washington, District of Columbia, not less
than 4 times each year upon the call of the Board.
``(4) Duties.--The Advisory Committee shall advise the
Board on the conduct of open-market operations.''.
(b) Conforming Amendments.--
(1) Federal reserve act.--The Federal Reserve Act (12
U.S.C. 221 et seq.) is amended--
(A) in section 2A (12 U.S.C. 225a)--
(i) by striking ``and the Federal Open
Market Committee'' each place it appears; and
(ii) in the sixth sentence, by striking
``determine'' and inserting ``determines'';
(B) in the tenth undesignated paragraph of section
10 (12 U.S.C. 247a)--
(i) by striking ``and by the Federal Open
Market Committee''; and
(ii) by striking ``and the Committee'';
(C) in section 12A (12 U.S.C. 263)--
(i) in subsection (b)--
(I) by striking ``Committee'' each
place it appears and inserting
``Board''; and
(II) by inserting ``Regulations.--
'' before ``No Federal Reserve''; and
(ii) in subsection (c), by inserting
``Accommodation of Commerce and Business.--''
before ``The time''; and
(D) in section 14(b)(2) (12 U.S.C. 355(2)), by
striking ``Federal Open Market Committee'' and
inserting ``Board''.
(2) International lending supervision act of 1983.--Section
911(a)(3)(C) of the International Lending Supervision Act of
1983 (12 U.S.C. 3910(a)(3)(C)) is amended by striking ``Federal
Open Market Committee'' and inserting ``Board of Governors of
the Federal Reserve System''.
SEC. 3. CONSULTATION BETWEEN THE BOARD OF GOVERNORS AND THE SECRETARY
OF THE TREASURY, THE DIRECTOR OF THE OMB, AND THE
CHAIRMAN OF THE CEA.
Section 2A of the Federal Reserve Act (12 U.S.C. 225a) (as amended
by section 2(b)(1)(A)) is amended--
(1) in the first sentence, by striking ``The Board of
Governors'' and inserting the following:
``(a) In General.--The Board of Governors''; and
(2) by adding at the end the following new subsection:
``(b) Consultation Required.--The Board of Governors shall meet and
consult with the Secretary of the Treasury, the Director of the Office
of Management and Budget, and the chairman of the Council of Economic
Advisors--
``(1) during the 30-day period immediately preceding the
date on which each report required under the second
sentence of subsection (a) is submitted to the Congress by the Board of
Governors; and
``(2) during the 30-day period beginning on the date which
is 100 days immediately preceding the date by which the
President is required to submit the budget under section
1105(a) of title 31, United States Code.''.
SEC. 4. APPOINTMENT OF THE CHAIRMAN AND VICE CHAIRMAN.
(a) Appointment of the Chairman and Vice Chairman.--The second
undesignated paragraph of section 10 of the Federal Reserve Act (12
U.S.C. 242) is amended by striking the third sentence and inserting the
following: ``The President shall appoint, by and with the advice and
consent of the Senate, one member of the Board to serve as Chairman.
The term of such member as Chairman shall expire on January 31 of the
first calendar year beginning after the end of the term of the
President who appointed such member as Chairman. If a member appointed
as Chairman does not complete the term of such office as established in
the preceding sentence, the President shall appoint, by and with the
advice and consent of the Senate, another member to complete the
unexpired portion of such term. The President shall also appoint, by
and with the advice and consent of the Senate, one member of the Board
to serve as Vice Chairman for a term of 4 years. The Chairman and the
Vice Chairman may each serve after the end of their respective terms
until a successor has taken office.''.
(b) Performance of Duties.--The second undesignated paragraph of
section 10 of the Federal Reserve Act (12 U.S.C. 242) (as amended by
subsection (a) of this section) is amended by inserting after the
seventh sentence the following: ``In the event of the absence or
unavailability of the Chairman, the Vice Chairman or (in the Vice
Chairman's absence) another member of the Board may be designated by
the Chairman to perform the duties of the office of the Chairman. If a
vacancy occurs in the office of the Chairman, the Vice Chairman shall
perform the duties of the Chairman until a successor takes office. If a
vacancy occurs in the office of the Vice Chairman while the office of
the Chairman is vacant, the member of the Board with the most years of
service on the Board shall perform the duties of the Chairman until a
successor takes office.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of enactment of this Act.
(2) Current chairman to complete term.--Notwithstanding the
amendment made by subsection (a), any member who holds the
office of Chairman of the Board of Governors of the Federal
Reserve System on the date of enactment of this Act shall
continue in such office during the remainder of the term to
which such member was appointed.
SEC. 5. DISCLOSURE OF INTERMEDIATE TARGETS.
Section 12A(b) of the Federal Reserve Act (12 U.S.C. 263(b)) (as
amended by section 2(b)(1)(C)(i)) is amended by adding at the end the
following: ``Notwithstanding any other provision of law, each change,
of any nature whatsoever, in the intermediate targets for monetary
policy, which change is adopted by the Board, shall be disclosed to the
public on the date on which such change is adopted. For purposes of
this subsection, the term `intermediate targets' means any policy
objectives regarding monetary aggregates, credit aggregates, prices,
interest rates, or bank reserves.''.
SEC. 6. AUDIT OF FINANCIAL TRANSACTIONS BY COMPTROLLER GENERAL.
Section 714(b) of title 31, United States Code, is amended--
(1) in paragraph (1), by inserting ``or'' at the end; and
(2) by striking paragraphs (2) through (4) and inserting
the following:
``(2) memoranda, letters, or other written communications
between or among members of the Board of Governors of the
Federal Reserve System or officers or employees of the Federal
Reserve System relating to any transaction described in
paragraph (1).''.
SEC. 7. BOARD SUBJECT TO BUDGET PROCESS.
Section 1105 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(h) Federal Reserve Board Budget Treatment.--Not later than
October 16 of each year, the estimated receipts and proposed
expenditures of the Board of Governors of the Federal Reserve System
and all Federal Reserve banks for the current year and the next 2
succeeding years shall be transmitted by the Board to the President.
The President shall transmit to the Congress the information received
in accordance with this subsection, without change, together with the
budget transmitted to the Congress under subsection (a).''. | Federal Reserve Reform Act of 1995 - Amends the Federal Reserve Act to abolish the current Federal Open Market Committee, on which the Board of Governors of the Federal Reserve System (the Board) sits, and replace it with a Federal Open Market Advisory Committee, on which the Board does not sit, which shall advise the Board on the conduct of open-market operations.
Requires the Board to meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisers during specified periods.
Revises the term of the Chairman of the Board to expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed the Chairman. Provides for performance of the duties of Chairman and Vice Chairman in the event of absence, unavailability, or vacancy.
Mandates that each Board-adopted change in the intermediate targets for monetary policy be disclosed to the public upon its date of adoption.
Amends Federal law to: (1) instruct the Comptroller General to audit written communications by members of the Board or officers or employees of the Federal Reserve System with respect to financial transactions; and (2) mandate an annual transmittal to the President and the Congress of all estimated receipts and proposed expenditures of the Board and all Federal Reserve banks for the current year and the next two succeeding years. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Amendments Act of 2008''.
SEC. 2. REFERENCES
Except as otherwise expressly provided therein, 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 National
Sea Grant College Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. FINDINGS AND PURPOSE.
(a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended--
(1) by striking subparagraphs (D) and (E) of paragraph (1)
and inserting the following:
``(D) encourage the development of preparation,
forecast, analysis, mitigation, response, and recovery
systems for coastal hazards;
``(E) understand global environmental processes and
their impacts on ocean, coastal, and Great Lakes
resources; and'';
(2) by striking ``program of research, education,'' in
paragraph (2) and inserting ``program of integrated research,
education, extension,''; and
(3) by striking paragraph (6) and inserting the following:
``(6) The National Oceanic and Atmospheric Administration,
through the national sea grant college program, offers the most
suitable locus and means for such commitment and engagement
through the promotion of activities that will result in greater
such understanding, assessment, development, management, and
conservation of ocean, coastal, and Great Lakes resources. The
most cost-effective way to promote such activities is through
continued and increased Federal support of the establishment,
development, and operation of programs and projects by sea
grant colleges, sea grant institutes, and other institutions,
including strong collaborations between Administration
scientists and research and outreach personnel at academic
institutions.''.
(b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by
striking ``to promote research, education, training, and advisory
service activities'' and inserting ``to promote integrated research,
education, training, and extension services and activities''.
(c) Terminology.--Subsections (a) and (b) of section 202 (15 U.S.C.
1121(a) and (b)) are amended by striking ``utilization,'' each place it
appears and inserting ``management,''.
SEC. 4. DEFINITIONS.
Section 203 (33 U.S.C. 1122) is amended--
(1) in paragraph (4) by striking ``utilization,'' and
inserting ``management,'';
(2) in paragraph (11) by striking ``advisory services'' and
inserting ``extension services'';
(3) in each of paragraphs (12) and (13) by striking ``(33
U.S.C. 1126)''; and
(4) by adding at the end the following:
``(17) The term `regional research and information plan'
means a plan developed by one or more sea grant colleges or sea
grant institutes that identifies regional priorities.''.
SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is
amended--
(1) by amending in paragraph (1) to read as follows:
``(1) sea grant programs that comprise a national sea grant
college program network, including international projects
conducted within such programs and regional and national
projects conducted among such programs;'';
(2) by amending paragraph (2) to read as follows:
``(2) administration of the national sea grant college
program and this title by the national sea grant office and the
Administration;''; and
(3) by amending paragraph (4) to read as follows:
``(4) any regional or national strategic investments in
fields relating to ocean, coastal, and Great Lakes resources
developed in consultation with the Board and with the approval
of the sea grant colleges and the sea grant institutes.''.
(b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2))
is amended by striking ``Within 6 months of the date of enactment of
the National Sea Grant College Program Reauthorization Act of 1998,
the'' and inserting ``The''.
(c) Functions of Director of National Sea Grant College Program.--
Section 204(d) (33 U.S.C. 1123(d)) is amended--
(1) in paragraph (2)(A), by striking ``long range'';
(2) in paragraph (3)(A)--
(A) by striking ``(A)(i) evaluate'' and inserting
``(A) evaluate and assess'';
(B) by striking ``activities; and'' and inserting
``activities;''; and
(C) by striking clause (ii); and
(3) in paragraph (3)(B)--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively, and by
inserting after clause (i) the following:
``(ii) encourage collaborations among sea
grant colleges and sea grant institutes to
address regional and national priorities
established under subsection (c)(1);''; and
(B) in clause (iii) (as so redesignated) by
striking ``encourage'' and inserting ``ensure''.
SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS.
Section 205 (33 U.S.C. 1124) is amended--
(1) by striking ``States or regions.'' in subsection (a)(2)
and inserting ``States, regions, or the Nation.''; and
(2) by striking the matter following paragraph (3) in
subsection (b) and inserting the following:
``The total amount that may be provided for grants under this
subsection and subsection 208(b) during any fiscal year shall not
exceed an amount equal to 5 percent of the total funds appropriated for
such year under section 212.''.
SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT
INSTITUTES.
Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs
(2)(B) and (3)(B) by striking ``advisory services'' and inserting
``extension services''.
SEC. 8. FELLOWSHIPS.
Section 208(a) (33 U.S.C. 1127) is amended--
(1) by striking ``Not later than 1 year after the date of
the enactment of the National Sea Grant College Program Act
Amendments of 2002, and every 2 years thereafter,'' in
subsection (a) and inserting ``Every 2 years,''; and
(2) by striking ``year.'' in subsection (b) and inserting
``year and is not subject to Federal cost share requirements''.
SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD.
(a) Redesignation of Sea Grant Review Panel as Board.--
(1) Redesignation.--The sea grant review panel established
by section 209 of the National Sea Grant College Program Act
(33 U.S.C. 1128), as in effect before the date of the enactment
of this Act, is redesignated as the National Sea Grant Advisory
Board.
(2) Membership not affected.--An individual serving as a
member of the sea grant review panel immediately before the
enactment of this Act may continue to serve as a member of the
National Sea Grant Advisory Board until the expiration of such
member's term under section 209(c) of such Act (33 U.S.C.
1128(c).
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to such
sea grant review panel is deemed to be a reference to the
National Sea Grant Advisory Board.
(4) Conforming amendments.--
(A) In general.--Section 209 (33 U.S.C. 1128) is
amended by striking so much as precedes subsection (b)
and inserting the following:
``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.
``(a) Establishment.--There shall be an independent committee to be
known as the National Sea Grant Advisory Board.''.
(B) Definition.--Section 203(9) (33 U.S.C. 1122(9))
is amended to read as follows:
``(9) The term `Board' means the National Sea Grant
Advisory Board established under section 209.'';
(C) Other provisions.--The following provisions are
each amended by striking ``panel'' each place it
appears and inserting ``Board'':
(i) Section 204 (33 U.S.C. 1123).
(ii) Section 207 (33 U.S.C. 1126).
(iii) Section 209 (33 U.S.C. 1128).
(b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read
as follows:
``(b) Duties.--
``(1) In general.--The Board shall advise the Secretary and
the Director concerning--
``(A) strategies for utilizing the sea grant
college program to address the Nation's highest
priorities regarding the understanding, assessment,
development, management, and conservation of ocean,
coastal, and Great Lakes resources;
``(B) the designation of sea grant colleges and sea
grant institutes; and
``(C) such other matters as the Secretary refers to
the Board for review and advice.
``(2) Biennial report.--The Board shall report to the
Congress every two years on the state of the national sea grant
college program. The Board shall indicate in each such report
the progress made toward meeting the priorities identified in
the strategic plan in effect under section 204(c). The
Secretary shall make available to the Board such information,
personnel, and administrative services and assistance as it may
reasonably require to carry out its duties under this title.''.
(c) Membership, Terms, and Powers.--Section 209(c)(1) (33 U.S.C.
1128(c)(1)) is amended--
(1) by inserting ``coastal management,'' after ``resources
management,''; and
(2) by striking ``utilization,'' and inserting
``management,''.
(d) Extension of Term.--Section 209(c)(2) (33 U.S.C. 1128(c)(2)) is
amended to read as follows:
``(2) The term of office of a voting member of the Board
shall be 4 years. The Director may extend the term of office of
a voting member of the Board once by up to 1 year.''.
(e) Establishment of Subcommittees.--Section 209(c) (33 U.S.C.
1128(c)) is amended by adding at the end the following:
``(8) The Board may establish such subcommittees as are reasonably
necessary to carry out its duties under subsection (b). Such
subcommittees may include individuals who are not Board members.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the National Sea Grant College Program Act (33
U.S.C. 1131) is amended--
(1) by striking subsection (a)(1) and inserting the
following: ``(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this title--
``(A) $100,000,000 for fiscal year 2009;
``(B) $105,000,000 for fiscal year 2010;
``(C) $110,000,000 for fiscal year 2011;
``(D) $115,000,000 for fiscal year 2012;
``(E) $120,000,000 for fiscal year 2013; and
``(F) $125,000,000 for fiscal year 2014.'';
(2) in subsection (a)(2)--
(A) by striking ``biology and control of zebra
mussels and other important aquatic'' in subparagraph
(A) and inserting ``biology, prevention, and control of
aquatic''; and
(B) by striking ``blooms, including Pfiesteria
piscicida; and'' in subparagraph (C) and inserting
``blooms; and'';
(3) in subsection (c)(1) by striking ``rating under section
204(d)(3)(A)'' and inserting ``performance assessments'';
(4) by striking subsection (c)(2) and inserting the
following:
``(2) regional or national strategic investments authorized under
section 204(b)(4);''.
SEC. 11. REPEAL OF ANNUAL COORDINATION REPORT REQUIREMENT.
Section 9 of the National Sea Grant College Program Act Amendments
of 2002 (33 U.S.C. 857-20) is repealed. | National Sea Grant College Program Amendments Act of 2008 - (Sec. 4) Amends the National Sea Grant College Program Act to: (1) substitute "management" for "utilization" in the definition of "field related to ocean, coastal, and Great Lakes resources"; (2) substitute "extension services" for "advisory services" in the definition of "project"; and (3) add a definition for "regional research and information plan."
(Sec. 5) Adds regional and national projects as elements of the national sea grant college program. Removes a reference to the sea grant review panel from provisions relating to the administration of the program. Refers to regional or national (under current law, national) strategic investments being developed with the approval of sea grant colleges and the sea grant institutes (under current law, with the approval of the sea grant review panel and the colleges and institutes). Revises the program director's duties.
Requires that sea grants or contracts be responsive to the needs or problems of the nation, as well as to individual states and regions.
(Sec. 6) Limits the special grant and graduate fellowship amounts that may be provided to 5% (under current law, 1%) of the amount appropriated for the National Sea Grant College Program.
(Sec. 7) Requires that sea grant colleges provide extension (under current law, advisory) services.
(Sec. 8) Exempts marine policy fellowships from federal cost sharing requirements.
(Sec. 9) Redesignates the sea grant review panel as the National Sea Grant Advisory Board and modifies it's duties and powers and various administrative matters.
(Sec. 10) Authorizes appropriations to carry out the Act. Allows any appropriated amounts exceeding the amounts appropriated for FY2003 to be distributed (among other places) to certain regional or national (under current law, national) strategic investments.
(Sec. 11) Repeals a National Sea Grant College Program Act Amendments of 2002 provision requiring an annual report to the House Committee on Resources and Science and the Senate Committee on Commerce, Science, and Transportation on coordination of oceans and coastal research activities of the National Oceanic and Atmospheric Administration (NOAA), including the Coastal Ocean Program and the National Sea Grant College Program, and the National Science Foundation. | [
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SECTION 1. ENERGY INNOVATION HUBS.
(a) Authorization of Program.--
(1) In general.--The Secretary of Energy shall carry out a
program to enhance the Nation's economic, environmental, and
energy security by making awards to consortia for establishing
and operating Energy Innovation Hubs to conduct and support,
whenever practicable at one centralized location,
multidisciplinary, collaborative research, development,
demonstration, and commercial application of advanced energy
technologies.
(2) Technology development focus.--The Secretary shall
designate for each Hub a unique advanced energy technology
focus.
(3) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of Hubs with those of other Department of Energy
research entities, including the National Laboratories, the
Advanced Research Projects Agency--Energy, Energy Frontier
Research Centers, and within industry.
(b) Consortia.--
(1) Eligibility.--To be eligible to receive an award under
this section for the establishment and operation of a Hub, a
consortium shall--
(A) be composed of no fewer than 2 qualifying
entities; and
(B) operate subject to an agreement entered into by
its members that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the Hub;
(ii) measures to enable cost-effective
implementation of the program under this
section;
(iii) a proposed budget, including
financial contributions from non-Federal
sources;
(iv) a plan for managing intellectual
property rights; and
(v) an accounting structure that enables
the Secretary to ensure that the consortium has
complied with the requirements of this section.
(2) Application.--A consortium seeking to establish and
operate a Hub under this section, acting through a prime
applicant, shall transmit to the Secretary an application at
such time, in such form, and accompanied by such information as
the Secretary shall require, including a detailed description
of the elements of the consortium agreement required under
paragraph (1)(B). If the consortium members will not be located
at one centralized location, such application shall include a
communications plan that ensures close coordination and
integration of the Hub's activities.
(c) Selection and Schedule.--The Secretary shall select consortia
for awards for the establishment and operation of Hubs through
competitive selection processes. In selecting consortia, the Secretary
shall consider the information a consortium must disclose according to
subsection (b), as well as any existing facilities a consortium will
provide for Hub activities. Awards made to a Hub shall be for a period
not to exceed 5 years, after which the award may be renewed, subject to
a rigorous merit review. A Hub already in existence on the date of
enactment of this Act may continue to receive support for a period of 5
years beginning on the date of establishment of that Hub.
(d) Hub Operations.--
(1) In general.--Each Hub shall conduct or provide for
multidisciplinary, collaborative research, development,
demonstration, and, where appropriate, commercial application
of advanced energy technologies within the technology
development focus designated under subsection (a)(2). Each Hub
shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium and
awardees by conducting activities whenever practicable
at one centralized location;
(B) develop and publish on the Department of
Energy's website proposed plans and programs;
(C) submit an annual report to the Secretary
summarizing the Hub's activities, including detailing
organizational expenditures, and describing each
project undertaken by the Hub; and
(D) monitor project implementation and
coordination.
(2) Conflicts of interest.--
(A) Procedures.--Hubs shall maintain conflict of
interest procedures, consistent with those of the
Department of Energy, to ensure that employees and
consortia designees for Hub activities who are in
decisionmaking capacities disclose all material
conflicts of interest and avoid such conflicts.
(B) Disqualification and revocation.--The Secretary
may disqualify an application or revoke funds
distributed to a Hub if the Secretary discovers a
failure to comply with conflict of interest procedures
established under subparagraph (A).
(3) Prohibition on construction.--
(A) In general.--No funds provided pursuant to this
section may be used for construction of new buildings
or facilities for Hubs. Construction of new buildings
or facilities shall not be considered as part of the
non-Federal share of a Hub cost-sharing agreement.
(B) Test bed and renovation exception.--Nothing in
this subsection shall prohibit the use of funds
provided pursuant to this section, or non-Federal cost
share funds, for research or for the construction of a
test bed or renovations to existing buildings or
facilities for the purposes of research if the
Secretary determines that the test bed or renovations
are limited to a scope and scale necessary for the
research to be conducted.
(e) Termination.--Consistent with the existing authorities of the
Department, the Secretary may terminate an underperforming Hub for
cause during the performance period.
(f) Definitions.--For purposes of this section:
(1) Advanced energy technology.--The term ``advanced energy
technology'' means--
(A) an innovative technology--
(i) that produces energy from solar, wind,
geothermal, biomass, tidal, wave, ocean, or
other renewable energy resources;
(ii) that produces nuclear energy;
(iii) for carbon capture and sequestration;
(iv) that enables advanced vehicles,
vehicle components, and related technologies
that result in significant energy savings;
(v) that generates, transmits, distributes,
utilizes, or stores energy more efficiently
than conventional technologies, including
through Smart Grid technologies; or
(vi) that enhances the energy independence
and security of the United States by enabling
improved or expanded supply and production of
domestic energy resources, including coal, oil,
and natural gas;
(B) research, development, demonstration, and
commercial application activities necessary to ensure
the long-term, secure, and sustainable supply of energy
critical elements; or
(C) another innovative energy technology area
identified by the Secretary.
(2) Energy critical element.--The term ``energy critical
element'' means any of a class of chemical elements that have a
high risk of a supply disruption and are critical to one or
more new, energy-related technologies such that a shortage of
such element would significantly inhibit large-scale deployment
of technologies that produce, transmit, store, or conserve
energy.
(3) Hub.--The term ``Hub'' means an Energy Innovation Hub
established or operating in accordance with this section,
including any Energy Innovation Hub existing as of the date of
enactment of this Act.
(4) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education;
(B) an appropriate State or Federal entity,
including the Department of Energy Federally Funded
Research and Development Centers;
(C) a nongovernmental organization with expertise
in advanced energy technology research, development,
demonstration, or commercial application; or
(D) any other relevant entity the Secretary
considers appropriate. | This bill requires the Department of Energy (DOE) to carry out a grant program to enhance the nation's economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies. Advanced energy technologies are innovative technologies or research, development, demonstration, and commercial application activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements. These elements have a high risk of a supply disruption and are critical to new, energy-related technologies in that a shortage of the element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. Examples of advanced energy technology include an innovative technology that: produces energy from renewable energy resources; produces nuclear energy; includes carbon capture and sequestration; enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings; generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies; and enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources. DOE must designate a unique advanced energy technology focus for each hub. Grants may not be used for constructing new buildings or facilities for hubs. Further, construction of new buildings or facilities may not be considered as part of the non-federal share of a hub cost-sharing agreement. Grants and non-federal cost share funds may be used for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Sharing Act of 2017''.
SEC. 2. AMENDMENTS.
(a) Assistance for Community Food Projects.--Section 25 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2034) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (B) by striking ``and'' at the
end; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) $9,000,000 for each of the fiscal years 2015
through 2017; and
``(D) $8,500,000 for fiscal year 2018 and each
fiscal year thereafter.''.
(b) Assistance for Gleaning Projects.--The Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the
following:
``SEC. 30. ASSISTANCE FOR GLEANING PROJECTS.
``(a) Definitions.--In this section:
``(1) Gleaning project.--The term `gleaning project' means
a project in which an entity--
``(A) collects edible, surplus food that would be
thrown away and distributes the food to agencies or
nonprofit organizations that feed the hungry; or
``(B) harvests for free distribution to the needy,
or for donation to agencies or nonprofit organizations
for ultimate distribution to the needy, an agricultural
crop that has been donated by the owner of the crop.
``(2) Eligible entity.--The term `eligible entity' means a
public food program service provider, a tribal organization, or
a private nonprofit entity that--
``(A) has experience in the area of--
``(i) providing food to individuals in low-
income communities; or
``(ii) engaging in efforts to reduce food
insecurity in low-income communities, including
food distribution, improving access to
services, or coordinating services and
programs;
``(B) demonstrates competency to implement a
gleaning project, to provide fiscal accountability, to
collect data, and to prepare reports and other
necessary documentation relating to such project;
``(C) demonstrates a willingness to share
information relating to such project with researchers,
practitioners, and other persons; and
``(D) submits to the Secretary an application that
contains such terms and conditions as the Secretary may
require by rule, including an agreement to provide the
non-Federal cost of such project.
``(b) Authority To Provide Assistance.--
``(1) Funds.--From amounts made available to carry out this
Act, the Secretary may make grants to assist eligible entities
to establish and carry out gleaning projects.
``(2) Limitation on grants.--The aggregate amount of funds
provided as grants made under this section may not exceed
$500,000 for fiscal year 2018 and each fiscal year thereafter.
``(c) Preference for Certain Gleaning Projects.--In selecting
gleaning projects to receive grants under this section, the Secretary
shall give preference to projects designed to develop new resources and
strategies to help reduce food insecurity and prevent food insecurity
in low-income communities that are the subject of such projects by--
``(1) developing creative food resources; or
``(2) coordinating food services with park and recreation
programs, and other community-based activities, to reduce
barriers to access to food.
``(d) Cost-Sharing Requirements.--
``(1) Federal share.--The Federal share of the cost of
carrying out a gleaning project for which a grant is made under
this section shall be paid with such grant by the Secretary in
such amount as the Secretary determines but may not exceed 50
percent of the cost of such project.
``(2) Non-federal share.--The recipient of a grant under
this section shall provide in cash or in kind, fairly
evaluated, including facilities, equipment, or services, from
non-Federal sources for the cost of such project that is not
paid under paragraph (1).
``(e) Term of Grant.--
``(1) Single grant.--Only 1 grant may be made under this
section for a particular gleaning project.
``(2) Term.--The period during which the grant made under
this section may be expended may not exceed 5 years.
``(f) Technical Assistance and Related Information.--
``(1) Technical assistance.--In carrying out this section,
the Secretary may provide assistance to an eligible entity
regarding gleaning projects, processes, and development.
``(2) Sharing information.--
``(A) In general.--The Secretary may share
information concerning gleaning projects and issues
with the public through publications, conferences, and
other appropriate forums.
``(B) Other interested persons.--The Secretary may
share information concerning gleaning projects with
researchers, practitioners, and other interested
persons.
``(g) Reports to Congress.--Not later than September 30, 2018, and
annually thereafter, the Secretary shall submit to the Congress a
report that describes with respect to each grant made under this
section information that includes--
``(1) a description of each activity funded with such
grant; and
``(2) the degree of success in improving the long-term
capacity of the low-income community served by the gleaning
project involved to address food and agriculture problems
related to hunger or access to healthy food in such
community.''. | Food Sharing Act of 2017 This bill amends the Food and Nutrition Act of 2008 to: (1) reduce from $9 million to $8.5 million the annual limitation on the total amount of grants that the Department of Agriculture (USDA) may provide under the Community Food Projects Competitive Grants Program, and (2) authorize USDA to establish a separate program to provide up to $500,000 annually for grants to establish and carry out gleaning projects. In a gleaning project, an eligible entity: (1) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or (2) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. The eligible entities include public food program service providers, tribal organizations, and private nonprofit entities that meet certain requirements for experience, demonstrated competency, cost-sharing, and a willingness to share information regarding the project. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Rights and Labor Standards
Trade Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) International trade, when fair and open, can serve as
an important factor in the economic well-being of nations; but
the maintenance of a fair and open world trading system
requires the enhancement and active enforcement of national and
international trade agreements and laws by all trading nations.
(2) As the productivity of our trading partners that are
developing countries has risen, the ability of many of these
countries to export goods cheaply to the United States has been
based, in part, upon the violation of internationally
recognized worker rights.
(3) The exploitation of workers is an unacceptable means
for any country, whether developed or developing, or industry
to gain competitive advantage in international trade.
(4) Exports to the United States from countries which fail
to respect internationally recognized worker rights undermine
living and working standards in both those countries as well as
the United States, because international corporations can play
workers in one country off against those in another with
respect to wages and work standards in order to minimize costs.
(5) At various times in the 20th century, international
agreements and United States policy have explicitly stated that
fundamental worker rights and fair labor standards are
necessary to the workings of a fair international trading
system.
(6) The United States and over 160 other member nations of
the International Labor Organization are legally obligated to
``endeavor to secure and maintain fair and humane conditions of
labor for men, women, and children, both in their own countries
and in all countries to which their commercial and industrial
nations extend''.
(7) For decades, United States trade negotiators, whether
serving in Democratic or Republican administrations, have
initiated discussions to no avail with ranking officials of the
GATT and the International Labor Organization concerning the
demonstrable relationship of fundamental worker rights and fair
labor standards to prior rounds of multilateral trade
negotiations.
(8) The right of all workers to certain fundamental rights
is affirmed in the following international agreements to which
the United States is a party:
(A) The United Nations Charter, which states in
Article 55 that ``the United Nations shall promote
higher standards of living, full employment, and
conditions of economic and social progress and
development,''.
(B) The United Nations Universal Declaration of
Human Rights, which states in Article 23 that
``Everyone has the right to work, to free choice of
employment, to just and favorable conditions of work
and to protection against unemployment . . . `and that'
Everyone who works has the right to just and favorable
remuneration ensuring for himself and his family an
existence worthy of human dignity.''.
(C) The United Nations International Covenant on
Civil and Political Rights, which states in Article 8
that ``No one shall be required to perform forced or
compulsory labor.''.
(D) The Revised Charter of the Organization of
American States, which states in Article 31 that
``Member States agree to dedicate every effort to
achieve the following basic goals . . . Fair wages,
employment opportunities, and acceptable working
conditions for all.''.
(E) The General Agreement on Tariffs and Trade
which--
(i) provides in the preamble that relations
among countries ``in the field of trade and
economic endeavor should be conducted with a
view to raising standards of living and
ensuring full employment,'';
(ii) allows, under Article XX, any country
to take action against products of prison
labor; and
(iii) incorporates by reference Article 7
of Chapter II of the Havana Charter which
states that ``the members recognize that
measures relating to employment must take fully
into account the rights of workers under
intergovernmental declarations, conventions,
and agreements. The members recognize that all
countries have a common interest in the
achievement and maintenance of fair labor
standards related to productivity, and thus in
the improvement of wages and working conditions
as productivity may permit. The members
recognize that unfair labor conditions,
particularly in production for export, create
difficulties in international trade, and
accordingly, each member shall take whatever
action may be appropriate and feasible to
eliminate such conditions within its
territory.''.
(9) The adherence of the United States to the principles
referred to in paragraph (5) is reflected in--
(A) the provisions of the Tariff Act of 1930 that
prohibit the importation of goods produced by forced
labor,
(B) the provisions of title V of the Trade Act of
1974 (relating to the Generalized System of
Preferences) that--
(i) define internationally recognized
worker rights as the right to association, the
right to organize and bargain collectively, the
prohibition of the use of any form of forced or
compulsory labor, a minimum age for the
employment of children, and acceptable
conditions of work with respect to minimum
wages, hours of work, and occupational safety
and health; and
(ii) prohibit the extension of trade
preferences to any developing country that
``has not or is not taking steps to afford
internationally recognized worker rights to its
workers''; and
(C) the provisions of section 231A of the Foreign
Assistance Act of 1961, which allow the Overseas
Private Investment Corporation to insure, reinsure,
guarantee, or finance a project only if the country in
which the project is to be undertaken ``is taking steps
to adopt and implement laws that extend internationally
recognized worker rights . . . to workers in that
country.''.
(10) Little, if any, progress has been made ``to adopt, as
a principle of the GATT, that the denial of worker rights
should not be a means for a country or its industries to gain
competitive advantage in international trade'', pursuant to
section 1101(b)(14) of the Omnibus Trade and Competitiveness
Act of 1988.
SEC. 3. ESTABLISHMENT OF WORKING PARTY ON WORKER RIGHTS.
(a) Action by the President.--The President shall seek the
establishment in the GATT of a working party to examine the
relationship of fundamental internationally recognized worker rights to
the articles, objectives, and related instruments of the GATT,
particularly the preamble, Article XXIX, and Article XX.
(b) Objectives of Working Group.--The objectives of the working
group described in subsection (a) would be to--
(1) explore ways in which to link the conduct of
international trade to respect for fundamental internationally
recognized worker rights;
(2) examine the economic impact of competition that is
based upon trade distortions that are attributable to the
systematic denial of fundamental internationally recognized
worker rights;
(3) consider and develop information on the incidence and
effects of systematic, trade-distorting worker rights practices
and ways to address such practices; and
(4) establish that it is unjustifiable for any country or
any of its industries to seek to gain competitive advantage in
international trade through the systematic denial of
fundamental internationally recognized worker rights.
SEC. 4. ESTABLISHMENT OF STANDING COMMITTEE ON WORKER RIGHTS WITHIN THE
WORLD TRADE ORGANIZATION.
The President shall seek the establishment in the World Trade
Organization, when such organization becomes effective, a standing
committee to carry out the functions of the working group described in
section 3.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) The term ``fundamental internationally recognized
worker rights'' means ``internationally recognized worker
rights'' as defined in section 502(a)(4) of the Trade Act of
1974.
(2) GATT.--The term ``GATT'' means the General Agreement on
Tariffs and Trade. | Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT; and (2) a standing committee within the World Trade Organization to perform the functions of the working group. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of State
Sponsored Terrorism Act''.
SEC. 2. TERRORISM EXCEPTION TO IMMUNITY.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605 the following:
``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a
foreign state
``(a) In General.--
``(1) No immunity.--A foreign state shall not be immune
from the jurisdiction of courts of the United States or of the
States in any case not otherwise covered by this chapter in
which money damages are sought against a foreign state for
personal injury or death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or
the provision of material support or resources (as defined in
section 2339A of title 18) for such an act if such act or
provision of material support is engaged in by an official,
employee, or agent of such foreign state while acting within
the scope of his or her office, employment, or agency.
``(2) Claim heard.--The court shall hear a claim under this
section if--
``(A) the foreign state was designated as a state
sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or
section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) at the time the act occurred, unless later
designated as a result of such act;
``(B) the claimant or the victim was--
``(i) a national of the United States (as
that term is defined in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
``(ii) a member of the Armed Forces of the
United States (as that term is defined in
section 976 of title 10); or
``(iii) otherwise an employee of the
government of the United States or one of its
contractors acting within the scope of their
employment when the act upon which the claim is
based occurred; or
``(C) where the act occurred in the foreign state
against which the claim has been brought, the claimant
has afforded the foreign state a reasonable opportunity
to arbitrate the claim in accordance with the accepted
international rules of arbitration.
``(b) Definition.--For purposes of this section--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991 (28 U.S.C. 1350 note);
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation.
``(c) Time Limit.--An action may be brought under this section if
the action is commenced not later than the latter of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years from the date on which the cause of action
arose.
``(d) Private Right of Action.--A private cause of action may be
brought against a foreign state designated under section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. 2405(j)), and any
official, employee, or agent of said foreign state while acting within
the scope of his or her office, employment, or agency which shall be
liable to a national of the United States (as that term is defined in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)), a member of the Armed Forces of the United States (as
that term is defined in section 976 of title 10), or an employee of the
government of the United States or one of its contractors acting within
the scope of their employment or the legal representative of such a
person for personal injury or death caused by acts of that foreign
state or its official, employee, or agent for which the courts of the
United States may maintain jurisdiction under this section for money
damages which may include economic damages, solatium, pain, and
suffering, and punitive damages if the acts were among those described
in this section. A foreign state shall be vicariously liable for the
actions of its officials, employees, or agents.
``(e) Additional Damages.--After an action has been brought under
subsection (d), actions may also be brought for reasonably foreseeable
property loss, whether insured or uninsured, third party liability, and
life and property insurance policy loss claims.
``(f) Special Masters.--
``(1) In general.--The Courts of the United States may from
time to time appoint special masters to hear damage claims
brought under this section.
``(2) Transfer of funds.--The Attorney General shall
transfer, from funds available for the program under sections
1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to
the Administrator of the United States District Court in which
any case is pending which has been brought pursuant to section
1605(a)(7) such funds as may be required to carry out the
Orders of that United States District Court appointing Special
Masters in any case under this section. Any amount paid in
compensation to any such Special Master shall constitute an
item of court costs.
``(g) Appeal.--In an action brought under this section, appeals
from orders not conclusively ending the litigation may only be taken
pursuant to section 1292(b) of this title.
``(h) Property Disposition.--
``(1) In general.--In every action filed in a United States
district court in which jurisdiction is alleged under this
section, the filing of a notice of pending action pursuant to
this section, to which is attached a copy of the complaint
filed in the action, shall have the effect of establishing a
lien of lis pendens upon any real property or tangible personal
property located within that judicial district that is titled
in the name of any defendant, or titled in the name of any
entity controlled by any such defendant if such notice contains
a statement listing those controlled entities.
``(2) Notice.--A notice of pending action pursuant to this
section shall be filed by the clerk of the district court in
the same manner as any pending action and shall be indexed by
listing as defendants all named defendants and all entities
listed as controlled by any defendant.
``(3) Enforceability.--Liens established by reason of this
subsection shall be enforceable as provided in chapter 111 of
this title.''.
(b) Amendment to Chapter Analysis.--The chapter analysis for
chapter 97 of title 28, United States Code, is amended by inserting
after the item for section 1605 the following:
``1605A. Terrorism exception to the jurisdictional immunity of a
foreign state.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Property.--Section 1610 of title 28, United States Code, is
amended by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--The property of a foreign state, or
agency or instrumentality of a foreign state, against which a
judgment is entered under this section, including property that
is a separate juridical entity, is subject to execution upon
that judgment as provided in this section, regardless of--
``(A) the level of economic control over the
property by the government of the foreign state;
``(B) whether the profits of the property go to
that government;
``(C) the degree to which officials of that
government manage the property or otherwise control its
daily affairs;
``(D) whether that government is the sole
beneficiary in interest of the property; or
``(E) whether establishing the property as a
separate entity would entitle the foreign state to
benefits in United States courts while avoiding its
obligations.
``(2) United states sovereign immunity inapplicable.--Any
property of a foreign state, or agency or instrumentality of a
foreign state, to which paragraph (1) applies shall not be
immune from execution upon a judgment entered under this
section because the property is regulated by the United States
Government by reason of action taken against that foreign state
under the Trading With the Enemy Act or the International
Emergency Economic Powers Act.''.
(b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking
``December 21, 1988, with respect to which an investigation or'' and
inserting ``October 23, 1983, with respect to which an investigation or
civil or criminal''.
(c) General Exception.--Section 1605 of title 28, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (5)(B), by inserting ``or'' after
the semicolon;
(B) in paragraph (6)(D), by striking ``; or'' and
inserting a period; and
(C) by striking paragraph (7); and
(2) by striking subsections (e) and (f).
SEC. 4. APPLICATION TO PENDING CASES.
(a) In General.--The amendments made by this Act shall apply to any
claim arising under section 1605A or 1605(g) of title 28, United States
Code, as added by this Act.
(b) Prior Actions.--Any judgment or action brought under section
1605(a)(7) of title 28, United States Code, or section 101(c) of Public
Law 104-208 after the effective date of such provisions relying on
either of these provisions as creating a cause of action, which has
been adversely affected on the grounds that either or both of these
provisions fail to create a cause of action opposable against the
state, and which is still before the courts in any form, including
appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on
motion made to the Federal District Court where the judgment or action
was initially entered, be given effect as if it had originally been
filed pursuant to section 1605A(d) of title 28, United States Code. The
defenses of res judicata, collateral estoppel and limitation period are
waived in any re-filed action described in this paragraph and based on
the such claim. Any such motion or re-filing must be made not later
than 60 days after enactment of this Act. | Justice for Victims of State Sponsored Terrorism Act - Amends the federal judicial code to expand the rights of victims of state-sponsored terrorism by: (1) denying foreign states that support terrorism immunity from the jurisdiction of U.S. courts for cases involving personal injury or death related to the terrorist activities of its officials, employees, or agents; (2) allowing certain nationals of the United States, members of the Armed Forces, and federal employees or contractors a private cause of action against a foreign state designated as a state sponsor of terrorism; (3) making foreign states vicariously liable for the actions of their officials, employees, or agents; (4) limiting appeals in cases against foreign states involving terrorist-related injuries; and (5) establishing a pending lien against property of a foreign state sponsor of terrorism upon the initiation of legal action in the United States against such state. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unfunded Mandates Accountability Act
of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The public has a right to know the benefits and costs
of regulation. Regulations impose significant costs on
individuals, employers, State, local, and tribal governments,
diverting resources from other important priorities.
(2) Better regulatory analysis and review should improve
the quality of agency decisions, increasing the benefits and
reducing unwarranted costs of regulation.
(3) Disclosure and scrutiny of key information underlying
agency decisions should make Government more accountable to the
public it serves.
SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by striking subsection (a) and inserting the following:
``(a) Definition.--In this section, the term `cost' means the cost
of compliance and any reasonably foreseeable indirect costs, including
revenues lost as a result of an agency rule subject to this section.
``(b) In General.--Before promulgating any proposed or final rule
that may have an annual effect on the economy of $100,000,000 or more
(adjusted for inflation), or that may result in the expenditure by
State, local, and tribal governments, in the aggregate, of $100,000,000
or more (adjusted for inflation) in any 1 year, each agency shall
prepare and publish in the Federal Register an initial and final
regulatory impact analysis. The initial regulatory impact analysis
shall accompany the agency's notice of proposed rulemaking and shall be
open to public comment. The final regulatory impact analysis shall
accompany the final rule.
``(c) Content.--The initial and final regulatory impact analysis
under subsection (b) shall include--
``(1)(A) an analysis of the anticipated benefits and costs
of the rule, which shall be quantified to the extent feasible;
``(B) an analysis of the benefits and costs of a reasonable
number of regulatory alternatives within the range of the
agency's discretion under the statute authorizing the rule,
including alternatives that--
``(i) require no action by the Federal Government;
and
``(ii) use incentives and market-based means to
encourage the desired behavior, provide information
upon which choices can be made by the public, or employ
other flexible regulatory options that permit the
greatest flexibility in achieving the objectives of the
statutory provision authorizing the rule; and
``(C) an explanation that the rule meets the requirements
of section 205;
``(2) an assessment of the extent to which--
``(A) the costs to State, local, and tribal
governments may be paid with Federal financial
assistance (or otherwise paid for by the Federal
Government); and
``(B) there are available Federal resources to
carry out the rule;
``(3) estimates of--
``(A) any disproportionate budgetary effects of the
rule upon any particular regions of the Nation or
particular State, local, or tribal governments, urban
or rural or other types of communities, or particular
segments of the private sector; and
``(B) the effect of the rule on job creation or job
loss, which shall be quantified to the extent feasible;
and
``(4)(A) a description of the extent of the agency's prior
consultation with elected representatives (under section 204)
of the affected State, local, and tribal governments;
``(B) a summary of the comments and concerns that were
presented by State, local, or tribal governments either orally
or in writing to the agency; and
``(C) a summary of the agency's evaluation of those
comments and concerns.'';
(4) in subsection (d) (as redesignated by paragraph (2) of
this subsection), by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(5) in subsection (e) (as redesignated by paragraph (2) of
this subsection), by striking ``subsection (a)'' each place
that term appears and inserting ``subsection (b)''.
SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.
Section 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1535) is amended to read as follows:
``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.
``Before promulgating any proposed or final rule for which a
regulatory impact analysis is required under section 202, the agency
shall--
``(1) identify and consider a reasonable number of
regulatory alternatives within the range of the agency's
discretion under the statute authorizing the rule, including
alternatives required under section 202(c)(1)(B); and
``(2) from the alternatives described under paragraph (1),
select the least costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the
statute.''.
SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES.
(a) In General.--Section 421(1) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is amended by
striking ``, but does not include independent regulatory agencies''.
(b) Exemption for Monetary Policy.--The Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after
section 5 the following:
``SEC. 6. EXEMPTION FOR MONETARY POLICY.
``Nothing in title II, III, or IV shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.''.
SEC. 6. JUDICIAL REVIEW.
Section 401 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1571) is amended to read as follows:
``SEC. 401. JUDICIAL REVIEW.
``(a) In General.--For any rule subject to section 202, a party
aggrieved by final agency action is entitled to judicial review of an
agency's analysis under and compliance with subsections (b) and (c)(1)
of section 202 and section 205. The scope of review shall be governed
by chapter 7 of title 5, United States Code.
``(b) Jurisdiction.--Each court having jurisdiction to review a
rule subject to section 202 for compliance with section 553 of title 5,
United States Code, or under any other provision of law, shall have
jurisdiction to review any claims brought under subsection (a) of this
section.
``(c) Relief Available.--In granting relief in an action under this
section, the court shall order the agency to take remedial action
consistent with chapter 7 of title 5, United States Code, including
remand and vacatur of the rule.''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of enactment of
this Act. | Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses.
Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Empowerment Act''.
SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS.
(a) In General.--Section 1802 of the Social Security Act (42 U.S.C.
1395a) is amended to read as follows:
``freedom of choice and contracting by patient guaranteed
``Sec. 1802. (a) Basic Freedom of Choice.--Any individual entitled
to insurance benefits under this title may obtain health services from
any institution, agency, or person qualified to participate under this
title if such institution, agency, or person undertakes to provide that
individual such services.
``(b) Freedom To Contract by Medicare Beneficiaries.--
``(1) In general.--Subject to the provisions of this
subsection, nothing in this title shall prohibit a Medicare
beneficiary from entering into a contract with a participating
or non-participating physician or practitioner for any item or
service covered under this title.
``(2) Submission of claims.--Any Medicare beneficiary that
enters into a contract under this section shall be permitted to
submit a claim for payment under this title, and such payment
shall be made in the amount that would otherwise apply under
this title if such claim had been filed by a participating
physician or practitioner (as defined in section 1842(i)(2)) in
the payment area where the physician or practitioner covered by
the contract resides. Payment made under this title for any
item or service provided under the contract shall not render
the physician a participating or non-participating physician,
and as such, requirements of this title that may otherwise
apply to a participating or non-participating physician would
not apply with respect to any items or services furnished under
the contract.
``(3) Beneficiary protections.--
``(A) In general.--Paragraph (1) shall not apply to
any contract unless--
``(i) the contract is in writing, is signed
by the Medicare beneficiary and the physician
or practitioner, and establishes all terms of
the contract (including specific payment for
physicians' services covered by the contract)
before any item or service is provided pursuant
to the contract, and the beneficiary shall be
held harmless for any subsequent payment
charged for a service in excess of the amount
established under the contract during the
period the contract is in effect;
``(ii) the contract contains the items
described in subparagraph (B); and
``(iii) the contract is not entered into at
a time when the Medicare beneficiary is facing
an emergency medical condition or urgent health
care situation.
``(B) Items required to be included in contract.--
Any contract to provide items and services to which
paragraph (1) applies shall clearly indicate to the
Medicare beneficiary that by signing such contract the
beneficiary--
``(i) agrees to be responsible for payment
to such physician or practitioner for such
items or services under the terms of and
amounts established under the contract;
``(ii) agrees to be responsible for
submitting claims under this title to the
Secretary, and to any other supplemental
insurance plan that may provide supplemental
insurance, for such items or services furnished
under the contract if such items or services
are covered by this title, unless otherwise
provided in the contract under subparagraph
(C)(i); and
``(iii) acknowledges that no limits or
other payment incentives that may otherwise
apply under this title (such as the limits
under subsection (g) of section 1848 or
incentives under subsection (a)(5), (m), (q),
and (p) of such section) shall apply to amounts
that may be charged, or paid to a beneficiary
for, such items or services.
Such contract shall also clearly indicate whether the
physician or practitioner is excluded from
participation under the Medicare program under section
1128.
``(C) Beneficiary elections under the contract.--
Any Medicare beneficiary that enters into a contract
under this section may elect to negotiate, as a term of
the contract, a provision under which--
``(i) the physician or practitioner shall
file claims on behalf of the beneficiary with
the Secretary and any supplemental insurance
plan for items or services furnished under the
contract if such items or services are covered
under this title or under the plan; and
``(ii) the beneficiary assigns payment to
the physician for any claims filed by, or on
behalf of, the beneficiary with the Secretary
and any supplemental insurance plan for items
or services furnished under the contract.
``(D) Exclusion of dual eligible individuals.--
Paragraph (1) shall not apply to any contract if a
beneficiary who is eligible for medical assistance
under title XIX is a party to the contract.
``(4) Limitation on actual charge and claim submission
requirement not applicable.--Section 1848(g) shall not apply
with respect to any item or service provided to a Medicare
beneficiary under a contract described in paragraph (1).
``(5) Construction.--Nothing in this section shall be
construed to prohibit any physician or practitioner from
maintaining an election and acting as a participating or non-
participating physician or practitioner with respect to any
patient not covered under a contract established under this
section.
``(6) Definitions.--In this subsection:
``(A) Medicare beneficiary.--The term `Medicare
beneficiary' means an individual who is entitled to
benefits under part A or enrolled under part B.
``(B) Physician.--The term `physician' has the
meaning given such term by paragraphs (1), (2), (3),
and (4) of section 1861(r).
``(C) Practitioner.--The term `practitioner' means
a practitioner described in section 1842(b)(18)(C).
``(D) Emergency medical condition.--The term
`emergency medical condition' means a medical condition
manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that a prudent
layperson, with an average knowledge of health and
medicine, could reasonably expect the absence of
immediate medical attention to result in--
``(i) serious jeopardy to the health of the
individual or, in the case of a pregnant woman,
the health of the woman or her unborn child;
``(ii) serious impairment to bodily
functions; or
``(iii) serious dysfunction of any bodily
organ or part.
``(E) Urgent health care situation.--The term
`urgent health care situation' means services furnished
to an individual who requires services to be furnished
within 12 hours in order to avoid the likely onset of
an emergency medical condition.''.
SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIAN AND
PRACTITIONER SERVICES.
(a) In General.--No State may impose a limit on the amount of
charges for services, furnished by a physician or practitioner, for
which payment is made under section 1848 of the Social Security Act (42
U.S.C. 1395w-4), and any such limit is hereby preempted.
(b) State.--In this section, the term ``State'' includes the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, and
American Samoa. | Medicare Patient Empowerment Act - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with a non-participating (as well as with a participating) physician or practitioner for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or practitioner in the payment area where the physician or practitioner covered by the contract resides.
Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service; and (2) submit (in lieu of the physician or practitioner) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the physician or practitioner to file such claims on the beneficiary's behalf.
Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Students Learning in Safe Schools
Act of 1999''.
SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SAFETY EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program For School Safety Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government,
Indian tribes, and local educational agencies to purchase school safety
equipment for use in and near elementary and secondary schools.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, Indian tribe, or local educational agency, as
applicable; and
``(2) used for the purchase of school safety equipment for
use in elementary and secondary schools in the jurisdiction of
the grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for school safety equipment,
based on the percentage of elementary and secondary schools in
the jurisdiction of the applicant that do not have access to
such equipment;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, Indian tribe, or local educational agency may not receive
more than 5 percent of the total amount appropriated in each fiscal
year for grants under this section, except that a State, together with
the grantees within the State may not receive more than 20 percent of
the total amount appropriated in each fiscal year for grants under this
section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--Not less than 50 percent of the total
amount made available to carry out this subpart in each fiscal year
shall be awarded to units of local government with fewer than 100,000
residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, Indian tribe, or local
educational agency shall submit an application to the Director of the
Bureau of Justice Assistance in such form and containing such
information as the Director may reasonably require.
``(b) Regulations.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Students Learning in Safe Schools Act of 1999,
the Director of the Bureau of Justice Assistance shall
promulgate regulations to implement this section (including the
information that must be included and the requirements that the
States, units of local government, Indian tribes, and local
educational agencies must meet) in submitting the applications
required under this section.
``(2) Internet access.--The regulations promulgated under
this subsection shall provide for the availability of
applications for, and other information relating to, assistance
under this subpart on the Internet website of the Department of
Justice, in a manner that is closely linked to the information
on that Internet website concerning the program under part Q.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of school safety equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `school safety equipment' means metal
detectors, metal detecting wands, video cameras, and other
equipment designed to detect weapons and otherwise enhance
school safety;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, school
district, or other unit of general government below the State
level.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out part
Y--
``(A) $25,000,000 for each of fiscal years 2000
through 2002 for grants under subpart A of that part;
and
``(B) $40,000,000 for each of fiscal years 2000
through 2002 for grants under subpart B of that
part.''.
SEC. 3. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS AND
EQUIPMENT.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products, unless such equipment or products are not readily available
at reasonable costs.
SEC. 4. SENSE OF THE SENATE REGARDING SCHOOL SECURITY.
It is the sense of the Senate that recipients of assistance under
subpart B of part Y of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as added by this Act, should, to the maximum
extent practicable, seek to achieve a balance between school security
needs and the need for an environment that is conducive to learning.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) School Safety Technology Development.--The Institute shall
conduct research and otherwise work to develop new weapons detection
technologies and safety systems that are appropriate to school
settings.''. | Authorizes appropriations to carry out such new matching grant program for school safety equipment, as well as for the current matching grant program for law enforcement armor vests.
Expresses the sense of Congress regarding American-made products and equipment.
Expresses the sense of the Senate regarding school security.
Amends such Act to direct the National Institute of Justice to conduct research and otherwise work to develop new weapons detection technologies and safety systems that are appropriate to school settings. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Partners in
Reconstruction Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(3) the term ``small business concern owned and controlled
by socially and economically disadvantaged individuals'' has
the same meaning as in section 8 of the Small Business Act (15
U.S.C. 637).
SEC. 3. SMALL BUSINESS PROCUREMENT FLEXIBILITIES; GOVERNMENT-WIDE
GUIDANCE.
Section 5 of the Small Business Act (15 U.S.C. 634) is amended by
adding at the end the following:
``(i) Small Business Emergency Procurement Flexibilities;
Government-Wide Guidance.--
``(1) Definition.--In this subsection, the term
`Guidelines' means the guidelines entitled `Emergency
Procurement Flexibilities (A Framework for Responsive
Contracting & Guidelines for Using Simplified Acquisition
Procedures)' issued by the Office of Federal Procurement Policy
of the Office of Management and Budget on May 30, 2003, or any
successor thereto.
``(2) Office of federal procurement policy.--In order to
enable the Federal Government to purchase goods and service
quickly and efficiently in times of disaster, contingency, or
other emergency, while promoting small business concern
utilization, the Administrator for Federal Procurement Policy
shall--
``(A) ensure that the Guidelines continue to
strongly encourage that the Federal Government utilize
the small business procurement flexibilities in this
Act;
``(B) ensure that the Guidelines fully address all
available small business procurement flexibilities
(including flexibilities authorized for small business
concerns owned and controlled by socially and
economically disadvantaged individuals under section
8(a), HUBZone small business concerns, and small
business concerns owned and controlled by service-
disabled veterans);
``(C) periodically revise, update, or modify the
Guidelines;
``(D) publish the Guidelines, as updated to comply
with this paragraph, in the Federal Register; and
``(E) consult with the Administrator on any changes
to the Guidelines.
``(3) Administration.--The Administrator shall, with regard
to the Guidelines--
``(A) develop and conduct ongoing government-wide
training on small business emergency procurement
flexibilities (including flexibilities authorized for
small business concerns owned and controlled by
socially and economically disadvantaged individuals
under section 8(a), HUBZone small business concerns,
and small business concerns owned and controlled by
service-disabled veterans); and
``(B) designate not fewer than 1 official to
provide advice and assistance to the Office of Federal
Procurement Policy and other Federal agencies on the
use of small business procurement flexibilities in
times of disaster, contingency, or other emergency.''.
SEC. 4. PAPERWORK RECIPROCITY FOR SMALL DISASTER CONTRACTORS.
Not later than 30 days after the date of enactment of this Act, the
Administrator shall ensure that all eligible small business concerns
receive the full benefit of reciprocity in certifications between
Federal and Federally-funded contracting programs for small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
SEC. 5. HURRICANE KATRINA AND RITA SMALL BUSINESS CONTRACTING DATA.
Not later than 30 days after the date of enactment of this Act, the
Administrator for Federal Procurement Policy and the Administrator
shall ensure that the Federal Procurement Data System contains
comprehensive Government-wide data on small business participation in
contracting related to Hurricane Katrina of 2005 or Hurricane Rita of
2005.
SEC. 6. DISASTER AREA HUBZONES.
Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is
amended--
(1) in subparagraph (D), by striking ``or'';
(2) in subparagraph (E), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(F) any area affected by Hurricane Katrina of
2005 or Hurricane Rita of 2005, for such time or in
such geographic area as designated by the
Administrator.''.
SEC. 7. DISASTER CONTRACTING OUTREACH PROGRAMS FOR SMALL BUSINESSES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall establish a contracting outreach
and technical assistance program for small business concerns that--
(1) had a primary place of business, or other significant
presence, in the area affected by Hurricane Katrina of 2005 or
Hurricane Rita of 2005, as designated by the Administrator
under section 7(b)(2) of the Small Business Act, beginning on
the date that is 60 days before the date of that designation by
the Administrator; or
(2) have a primary place of business, or other significant
presence, in the area affected by Hurricane Katrina of 2005 or
Hurricane Rita of 2005, as designated by the Administrator
under section 7(b)(2) of the Small Business Act, during the
period beginning on the date of that designation and ending on
the date that is 5 years after the date of that designation.
(b) Administrator Action.--The Administrator may fulfill the
requirement of subsection (a) by acting through--
(1) the Administration;
(2) the Federal agency small business officials designated
under section 15(k)(1) of the Small Business Act (15 U.S.C.
644(k)(1)); and
(3) any Federal, State, or local government entity, higher
education institution, Procurement Technical Assistance Center,
or private nonprofit organization that the Administrator
determines is proper, upon conclusion of a memorandum of
understanding or assistance agreement, as appropriate, with the
Administrator.
SEC. 8. SMALL BUSINESS BONDING THRESHOLD.
(a) In General.--Except as provided in subsection (b), and
notwithstanding any other provision of law, for any procurement related
to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the
Administrator may, upon such terms and conditions as the Administrator
may prescribe, guarantee and enter into commitments to guarantee any
surety against loss resulting from a breach of the terms of a bid bond,
payment bond, performance bond, or bonds ancillary thereto, by a
principal on any total work order or contract amount at the time of
bond execution that does not exceed $5,000,000.
(b) Increase of Amount.--Upon request of the head of any Federal
agency other than the Administration involved in reconstruction efforts
in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the
Administrator may guarantee and enter into a commitment to guarantee
any security against loss under subsection (a) on any total work order
or contract amount at the time of bond execution that does not exceed
$10,000,000.
SEC. 9. FAIR SMALL BUSINESS PARTICIPATION.
In order to facilitate the maximum practicable participation of
small business concerns in activities related to relief and recovery
from Hurricane Katrina of 2005 and Hurricane Rita of 2005, the
Administrator and the head of any Federal agency making procurements
related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita
of 2005, shall set a goal of awarding to small business concerns not
less than 30 percent of amounts expended for prime contracts and not
less than 40 percent of amounts expended for subcontracts on
procurements by such agency related to the aftermath of Hurricane
Katrina of 2005 or Hurricane Rita of 2005, respectively.
SEC. 10. PROTECTION OF SMALL BUSINESS RESERVATION.
Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is
amended by adding at the end the following:
``(4) For any contracts involving the use of the special emergency
procurement authority under section 32A(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the
small business reservation established in paragraph (1) shall be
adjusted to match the applicable amount of the simplified acquisition
threshold.''.
SEC. 11. SMALL BUSINESS MULTIPLE-AWARD DISASTER CONTRACTS.
(a) In General.--The Administrator and the Administrator for
Federal Procurement Policy shall ensure that the Federal Government
establishes and maintains multiple-award contracts with small business
concerns of all categories on a nationwide and regional basis for the
purpose of conducting or supporting Federal disaster recovery efforts.
(b) Report.--At the end of each fiscal year, the Administrator and
the Administrator for Federal Procurement Policy shall submit to
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a report
describing the terms, conditions, and status of the contracts described
in subsection (a) awarded during the preceding fiscal year.
SEC. 12. TRANSPARENCY IN DISASTER SUBCONTRACTING.
The Administrator and the head of each executive agency awarding
recovery and reconstruction contracts related to Hurricane Katrina of
2005 or Hurricane Rita of 2005 shall ensure that each such contract for
which a small business subcontracting plan is required by law or
contract terms contains a clause requiring the posting of
subcontracting opportunities on the SUB-Net database established by the
Administration under section 8(e) of the Small Business Act (15 U.S.C.
637(e)), or any successor thereto.
SEC. 13. PROTECTION OF SMALL BUSINESS SUBCONTRACTING.
Section 8(d)(4)(D) of the Small Business Act (15 U.S.C.
637(d)(4)(D)) is amended--
(1) by striking ``(D) No contract'' and inserting the
following:
``(D) Small business participation.--
``(i) In general.--No contract''; and
(2) by adding at the end the following:
``(ii) Emergency procurements.--
``(I) In general.--For any contract
which otherwise meets the requirements
of this subsection, and which involves
the use of special emergency
procurement authority under section
32A(c) of the Office of Federal
Procurement Policy Act (41 U.S.C.
428a(c)), the subcontracting plan
required under this subsection shall be
negotiated as soon as is practicable,
but not later than 30 days after the
date on which the contract is awarded.
``(II) Payment.--Not greater than
50 percent of the amounts due under any
contract described in subclause (I) may
be paid, unless a subcontracting plan
compliant with this subsection is
negotiated by the contractor.''.
SEC. 14. CONTRACTING PRIORITY FOR LOCAL SMALL BUSINESSES.
Section 15(d) of the Small Business Act (15 U.S.C. 644(d)) is
amended--
(1) by striking ``(d) For purposes'' and inserting the
following:
``(d) Contracting Priorities.--
``(1) In general.--For purposes''; and
(2) by adding at the end the following:
``(2) Disaster contracting priority in general.--The
Administrator shall designate any disaster area as an area of
concentrated unemployment or underemployment, or a labor
surplus area for purposes of paragraph (1).
``(3) Local small businesses.--
``(A) In general.--The Administrator shall give
priority in the awarding of contracts and the placement
of subcontracts for disaster relief to local small
business concerns.
``(B) Other agencies.--The head of each executive
agency shall give priority in the awarding of contracts
and the placement of subcontracts for disaster relief
to local small business concerns, by using, as
appropriate--
``(i) preferential factors in evaluations
of contract bids and proposals;
``(ii) competitions restricted to local
small business concerns, where there is a
reasonable expectation of receiving
competitive, reasonably priced bids or
proposals from not fewer than 2 local small
business concerns;
``(iii) requirements of preference for
local small business concerns in subcontracting
plans; and
``(iv) assessments of liquidated damages
and other contractual penalties, including
contract termination.
``(C) Other disaster assistance.--Priority shall be
given to local small business concerns in the awarding
of contracts and the placement of subcontracts for
disaster relief in any Federal procurement and any
procurement by a State or local government made with
Federal disaster assistance funds.
``(4) Definitions.--In this subsection--
``(A) the term `declared disaster' means Hurricane
Katrina of 2005, Hurricane Rita of 2005, or any other
disaster, as designated by the Administrator;
``(B) the term `disaster area' means any State or
area affected by a declared disaster, as determined by
the Administrator;
``(C) the term `executive agency' has the same
meaning as in section 105 of title 5, United States
Code; and
``(D) the term `local small business concern' means
a small business concern that--
``(i) on the date immediately preceding the
date on which a declared disaster occurred--
``(I) had a principal office in the
disaster area for such declared
disaster; and
``(II) employed a majority of the
workforce of such small business
concern in the disaster area for such
declared disaster; and
``(ii) is capable of performing a
substantial proportion of any contract or
subcontract for disaster relief within the
disaster area for such declared disaster, as
determined by the Administrator.''.
SEC. 15. RELIEF FROM TEST PROGRAM.
Section 711(d) of the Small Business Competitive Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended--
(1) by striking ``The Program'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
Program''; and
(2) by adding at the end the following:
``(2) Exception.--The Program shall not apply to any
contract related to relief or reconstruction from Hurricane
Katrina of 2005 or Hurricane Rita of 2005.''. | Small Business Partners in Reconstruction Act of 2006 - Amends the Small Business Act to define "Guidelines" as the guidelines entitled "Emergency Procurement Flexibilities" for responsive contracting and the use of simplified acquisition procedures, as issued by the Office of Federal Procurement Policy on May 30, 2003.
Directs the Administrator for Federal Procurement Policy to: (1) ensure that the Guidelines continue to encourage the federal government to utilize small business procurement flexibilities in times of disaster, contingency, and other emergency; and (2) periodically revise, update, modify, and publish such Guidelines.
Provides for or requires: (1) reciprocity with respect to contracting certifications for small businesses owned and controlled by socially and economically disadvantaged individuals; (2) an update of the Federal Procurement Data System with respect to small business participation in Hurricane Katrina or Rita-related contracting; (3) disaster contracting outreach programs for small businesses; (4) small business performance bonding thresholds; (5) small business participation in disaster-related federal contracts and subcontracts and disaster-related multiple-award contracts; and (6) disaster contracting priorities for local small businesses. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Retiree's Investment Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States banking system's ability to extend
credit on a basis consistent with healthy economic activity is
restricted by a need or desire to conserve capital in the face
of anticipated losses.
(2) A shortage of banking capital may continue to exist
because private investors are generally unwilling to provide
such capital given their inability to accurately assess the
risk exposure of any individual institution while the Federal
Government's ability to function as a capital provider may be
constrained by concerns regarding Federal control of the
banking system as well its desire to use Federal funds in
numerous areas besides capitalization of the banking system.
(3) State and local public pension funds are long term
investors whose constituents benefit from a well-capitalized
banking system with the ability to extend credit broadly at all
levels of the economy.
(4) Certain State and local pension plans have broad
investment powers under State law which would include the
ability to form cooperative business endeavors solely owned by
them or in concert with public pension plans in other States.
(5) Certain of these public pension plans have indicated
their willingness and ability to rapidly form and fund a
vehicle to be mutually owned by them for the sole purpose of
investing in preferred stocks of United States banking
institutions subject to certain guaranties provided by the
Secretary of the Treasury or other appropriate Federal
Government officer or agency.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Eligible investments.--The term ``eligible investment''
means any preferred stock investment which meets the
requirements of this Act by any public pension bank capital
infusion fund.
(2) Public pension plans.--The term ``public pension plan''
means any State and local pension plan that has broad
investment powers and authority under State law, including the
authority to establish, administer, and participate in
cooperative business endeavors solely owned by the plan or
other public pension plans.
(3) Public pension bank capital infusion fund.--The term
``public pension bank capital infusion fund'' means any
investment vehicle mutually owned by public pension plans for
the sole purpose of investing in preferred stocks of United
States banking institutions, subject to certain guarantees
provided by the Secretary of the Treasury or other appropriate
Federal Government officer or agency, that meets the
requirements of this Act for such capital infusion funds.
(4) Qualified equity offering.--The term ``qualified equity
offering'' means the sale for cash, by a financial institution
after the date of an investment by a public pension bank
capital infusion fund in any eligible investment issued by such
institution, of perpetual preferred stock or common stock which
qualifies as Tier 1 capital of such financial institution.
(5) Reguarantee.--The term ``reguarantee'' means a
guarantee issued by a guarantor of the payment of, or the
fulfillment of any other obligation under, a guarantee issued
by another guarantor.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 4. PUBLIC PENSION PLAN INVESTMENTS IN CERTAIN BANK PREFERRED STOCK
INSTRUMENTS.
(a) Guarantee and Reguarantee Authority.--The Secretary may
guarantee eligible investments or reguarantee a guarantee of eligible
investments.
(b) Requirements and Procedures for Guarantees.--
(1) Term and other conditions of guarantees.--Any guarantee
or reguarantee provided by the Secretary under subsection (a)
with respect to an eligible investment shall--
(A) be an unconditional guarantee for the life of
the eligible investment; and
(B) shall cover the timely payment of dividends on,
and the ultimate return of principal of, such eligible
investment, in accordance with the terms of the
eligible investment.
(2) Procedures.--The process by which the Secretary shall
be notified of a need to perform under a guarantee or
reguarantee issue under subsection (a) and the manner in which
the Secretary shall perform the duties of guarantor or
reguarantor shall be mutually agreed to by the Secretary, the
other guarantor, in the case of a reguarantee from the
Secretary, and the public pension bank capital infusion fund.
(c) Terms of Eligibility for Public Pension Plans.--
(1) Authorized under state law.--The Secretary may not
guarantee or reguarantee eligible investments of a public
pension bank capital infusion fund under subsection (a) unless
each public pension plan which has a mutual ownership interest
in such capital infusion fund is authorized under State law to
establish, or participate in the formation of, a wholly owned
mutual fund or a limited liability corporation, in the case of
joint ownership with other public pension plans.
(2) Choice of law issue.--The powers of any public pension
plan for purposes of this subsection shall--
(A) in all instances be determined by the law of
the domicile State of such public pension plans; and
(B) in the case of a joint endeavor among public
pension plans from different States, by a choice of law
agreement (among the participating public pension
plans) to which each State represented by a plan has
granted full faith and credit.
(d) Terms of Eligibility for Eligible Investments by a Public
Pension Bank Capital Infusion Fund.--
(1) Maximum amount per fund.--The eligible investments of a
public pension bank capital infusion fund shall be eligible for
a guarantee or reguarantee under this section only if the
aggregate amount of such investments by the fund do not exceed
$50,000,000,000.
(2) Institution eligible for investments.--Only an
investment in preferred stock that meets the requirements of
subsection (e) and has been issued by a financial institution
which meets the definition of a qualifying financial
institution under the TARP Capital Purchase Program established
under the authority of the Emergency Economic Stabilization Act
of 2008 may be treated as an eligible investment for purposes
of this Act.
(e) Preferred Stock Requirements.--Preferred stock meets the
requirements of this subsection if the following terms and conditions
are met by such stock:
(1) Security.--The stock bears senior preferred status with
a liquidation preference of $1,000 per share or higher as
provided in the TARP Capital Purchase Program.
(2) Ranking.--The stock is senior to common stock and pari
passu with existing preferred shares other than preferred
shares which by their terms rank junior to any existing
preferred shares.
(3) Regulatory capital status.--The preferred stock meets
the requirement for treatment as Tier I capital for the
financial institution which issued it.
(4) Term.--The term of the stock is perpetual.
(5) Dividends.--
(A) In general.--The stock pays cumulative
dividends at--
(i) an initial rate of 8.5 percent per
year; and
(ii) after the end of the 1-year period
beginning on the date of the enactment of this
Act, at the prevailing reset rate determined in
accordance with subparagraph (B).
(B) Reset rate.--The term ``reset rate'' means the
rate determined at the end of the 1-year period
beginning on the date of the enactment of this Act and
each 1-year period thereafter by adding together--
(i) the yield prevailing as of the close of
business of the date of the determination on
10-year United States treasury notes; and
(ii) the difference between 8.5 percent and
the yield prevailing as of the close of
business on the date of the enactment of this
Act on 10-year United States treasury notes.
(6) Redemption.--
(A) Timing.--The redemption of the stock is subject
to the following conditions:
(i) The stock may not be redeemed for a
period of 3 years from the date of the initial
investment by the public pension bank capital
infusion fund, except with the proceeds from a
qualified equity offering which results in
aggregate gross proceeds to the financial
institution which issued the stock of not less
than 25 percent of the issue price of the
stock.
(ii) After the third anniversary of the
date of the investment, the stock may be
redeemed, in whole or in part, at any time and
from time to time, at the option of the
financial institution.
(B) Amount.--All redemptions of the stock are at
100 percent of the issue price, plus any accrued and
unpaid dividends and shall be subject to the approval
of the primary Federal financial regulator of the
issuing financial institution.
(7) Restrictions on dividends.--For as long as the
preferred stock is outstanding, no dividends may be declared or
paid on junior preferred shares, preferred shares ranking pari
passu with the preferred stock, or common shares (other than in
the case of pari passu preferred shares' dividends on a pro
rata basis with the preferred stock) nor may the financial
institution which issued the preferred stock repurchase or
redeem any junior preferred shares, preferred shares ranking
pari passu with the preferred stock, or common shares until
such time as the preferred stock has been redeemed in whole.
(8) Voting rights.--The preferred stock is nonvoting, other
than class voting rights on--
(A) any authorization or issuance of shares ranking
senior to the preferred stock;
(B) any amendment to the rights of the preferred
stock; or
(C) any merger, exchange or similar transaction
which would adversely affect the rights of the
preferred stock.
(9) Appoint of directors.--The stock instrument provides
that if dividends on the preferred stock are not paid in full
for more than 4 consecutive dividend periods, the Secretary may
elect 2 directors to serve on the board of directors of the
issuing financial institution until such time as full dividends
have been paid for 4 consecutive dividend periods.
(10) Timing of guaranty payments.--The payment of guaranty
payments under this Act shall be pursuant to a policy mutually
agreed to by the Secretary, the other guarantor, in the case of
a reguarantee from the Secretary, and the public pension bank
capital infusion fund which policy shall be consistent with the
intent of the guarantee, as specified in section 4(b).
(f) Effective Period of Guarantee Authority.--Notwithstanding any
other provision of this section, any guarantee or reguarantee under
this subsection may only be provided on an eligible investment whose
initial issuance is made before the end of the 3-year period beginning
on the date of the enactment of this Act .
(g) Treatment Under Other Law.--A public pension bank capital
infusion fund that is a mutual fund vehicle or limited liability
corporation owned by one or more public pension plans and managed under
contract by an appropriate service vender (as approved by the
Secretary) who reports to the fund directly or through its chief
investment officer shall be deemed to be a political subdivision of a
State as that term is defined in section 414(d) of the Internal Revenue
Code of 1986 and shall be exempt from taxation pursuant to section 115
of such Code.
(h) Reports.--
(1) In general.--In the case of any guarantee or
reguarantee issued by the Secretary, under subsection (a), with
respect to eligible investments, the guarantor of such eligible
investments shall submit a report to the Congress (and to the
Secretary, in any case in which the Secretary is the
reguarantor) on the status of the guarantee or reguarantee.
(2) Contents.--Each report submitted under paragraph (1)
shall include, at a minimum--
(A) the name of any institution issuing eligible
investments for which a guarantee is in effect;
(B) the face amount of each eligible investment
covered by the guarantee;
(C) the amount of dividends paid, declared and due
under the terms of the eligible investment; and
(D) the amount of any payments made by the
guarantor as a result of the enactment of this Act. | Public Retiree's Investment Act of 2009 - Authorizes the Secretary of the Treasury to guarantee eligible investments, or reguarantee a guarantee of eligible investments, by any public pension bank capital infusion fund mutually owned by state and local pension plans for the sole purpose of investing in preferred stocks of U.S. banking institutions.
Requires each public pension plan with a mutual ownership interest in a capital infusion fund to be authorized by state law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans.
Caps the maximum amount of investments by such such a capital infusion fund at $50 billion.
Restricts eligible investments to those in the preferred stock of a qualifying financial institution under the Troubled Asset Relief Program (TARP) Capital Purchase Program established under the Emergency Economic Stabilization Act of 2008 (EESA). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Security for Investors and
Providing Closure Act of 2013'' or the ``Improving SIPC Act of 2013''.
SEC. 2. CUSTOMER PAYMENT DURING PENDING ACTION.
(a) In General.--Section 11 of the Securities Investor Protection
Act of 1970 (15 U.S.C. 78ggg) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Customer Payment During Pending Action.--
``(1) One-time payment permitted.--
``(A) In general.--At the time that an action is
initiated under subsection (b), SIPC may choose to
allow all customers of the debtor to elect to receive a
one-time payment from the SIPC Fund.
``(B) Customer election.--If SIPC allows customers
to make the election described under subparagraph (A),
each customer choosing to make such election must make
such election during the action brought under
subsection (b), but in no case later than the 180-day
period beginning on the date that SIPC chooses to allow
such election.
``(2) Method of payment.--
``(A) In general.--To the extent practicable, one-
time payments made under this subsection shall be made
in the same manner as payments of net equity claims of
customers of a debtor are made under the other
provisions of this Act.
``(B) Payment amount limited to claims.--The amount
paid to a customer under this subsection shall be equal
to the lesser of--
``(i) the customer's net equity claim
against the debtor; and
``(ii) the cap set under paragraph (3).
``(3) Cap on one-time payments.--At the time the action is
initiated under subsection (b), SIPC shall set a cap on the
amount of one-time payments that can be made under this
subsection, and such cap--
``(A) shall not exceed $500,000; and
``(B) shall apply equally to all customers of the
debtor.
``(4) Effect of election.--
``(A) No sipc advance.--Section 9(a) shall not
apply with respect to any customer who receives a one-
time payment under this subsection.
``(B) Subrogation.--With respect to any customer
who receives a one-time payment under this subsection,
SIPC shall be subrogated to all rights of such customer
against the debtor once the customer recovers an amount
equal to the customer's net equity claim against the
debtor.
``(5) Notice; technical assistance.--If SIPC allows
customers to make the election described under paragraph
(1)(A), SIPC shall--
``(A) promptly notify each customer of the debtor
of their rights under this subsection; and
``(B) provide technical assistance to such
customers to determine if they should make an election
under paragraph (1)(B).
``(6) Treatment of certificates of deposit.--For purposes
of this subsection, a certificate of deposit purchased by a
person through an account with the debtor shall be treated as
cash deposited and held by the debtor in an amount equal to the
amount the person paid for the certificate of deposit, less any
amounts paid to such person on the certificate of deposit.
``(7) Judicial review of certain sipc determinations.--With
respect to any person who is not permitted to make an election
under this subsection because SIPC does not identify them as a
customer of the debtor, such person may commence an action
against SIPC in the appropriate United States district court to
challenge the determination by SIPC that they are not a
customer of the debtor.
``(8) Rulemaking.--SIPC may issue such regulations as may
be necessary to carry out this subsection.
``(9) Debtor defined.--For purposes of this subsection, the
term `debtor' means the broker or dealer that is the subject of
the action brought under subsection (b).''.
(b) Application.--With respect to an ongoing action brought under
section 11(b) of the Securities Investor Protection Act of 1970 (15
U.S.C. 78ggg(b)) before the date of the enactment of this Act, the
customer election available under section 11(c) of such Act may be made
during the 180-day period beginning on the date of the enactment of
this Act.
(c) Rule of Construction.--A person's qualification as a customer
for purposes of section 11(c) of the Securities Investor Protection Act
of 1970 shall have no effect on whether such person qualifies as a
customer under any other provision of such Act. | Improving Security for Investors and Providing Closure Act of 2013 or Improving SIPC Act of 2013 - Amends the Securities Investor Protection Act of 1970 with respect to any action in a U.S. district court by the Securities and Exchange Commission (SEC) against the Securities Investor Protection Corporation (SIPC) in the event that SIPC refuses to commit funds or otherwise act for the protection of customers of any SIPC member (debtor broker or dealer). Authorizes SIPC, at the time the SEC action initiates such action, to allow all customers of the debtor broker or dealer to elect to receive a one-time payment from the SIPC Fund. Prescribes procedures for such customer election. Limits the amount paid to a customer under such election to the lesser of: (1) the customer's net equity claim against the debtor, and (2) a $500,000 cap on one-time payments. Subrogates SIPC to all rights of the customer receiving a one-time payment against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor. Treats a certificate of deposit (CD) purchased by a person through an account with the debtor as cash deposited and held by the debtor in an amount equal to the amount the person paid for the CD, less any amounts paid to such person on the CD. Permits a person prevented from making an election under this Act because SIPC does not identify such person as a customer of the debtor to challenge that determination in federal district court. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Adjacent Zone Safe Oil
Transport and Revenue Sharing Act''.
SEC. 2. PRODUCTION OF OIL FROM CERTAIN ARCTIC OFFSHORE LEASES.
Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334)
is amended by adding at the end the following:
``(k) Oil Transportation in Arctic Waters.--The Secretary shall--
``(1) require that oil produced from Federal leases in
Arctic waters in the Chukchi Sea planning area, Beaufort Sea
planning area, or Hope Basin planning area be transported by
pipeline to onshore facilities; and
``(2) provide for, and issue appropriate permits for, the
transportation of oil from Federal leases in Arctic waters in
preproduction phases (including exploration) by means other
than pipeline.''.
SEC. 3. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.--
``(1) Definitions.--In this subsection:
``(A) Coastal political subdivision.--The term
`coastal political subdivision' means a county-
equivalent subdivision of the State all or part of
which--
``(i) lies within the coastal zone (as
defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)); and
``(ii) the closest point of which is not
more than 300 statute miles from the
geographical center of any leased tract.
``(B) Distance.--The term `distance' means minimum
great circle distance.
``(C) Indian tribe.--The term `Indian tribe' means
an Alaska Native entity recognized and eligible to
receive services from the Bureau of Indian Affairs, the
headquarters of which is located within 300 miles of
the geographical center of a leased tract.
``(D) Leased tract.--The term `leased tract' means
a tract leased under this Act for the purpose of
drilling for, developing, and producing oil or natural
gas resources.
``(E) Renewable energy.--The term `renewable
energy' means solar, wind, ocean, current, wave, tidal,
or geothermal energy.
``(F) State.--The term `State' means the State of
Alaska.
``(2) Revenue sharing.--Subject to paragraphs (3), (4), and
(5), effective beginning on the date of enactment of this
subsection, the State shall, without further appropriation or
action, receive 37.5 percent of all revenues derived from all
rentals, royalties, bonus bids, and other sums due and payable
to the United States from energy development in any area of the
Alaska Adjacent Zone, including from all sources of renewable
energy leased, developed, or produced in any area in the Alaska
Adjacent Zone.
``(3) Allocation among coastal political subdivisions of
the state.--
``(A) In general.--The Secretary shall pay 25
percent of any allocable share of the State, as
determined under paragraph (2), directly to coastal
political subdivisions.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the coastal political
subdivisions within 300 miles of the
geographical center of the leased tract based
on the relative distance of the coastal
political subdivisions from the leased tract in
accordance with this subparagraph.
``(ii) Distances.--For each coastal
political subdivision, the Secretary shall
determine the distance between the point on the
coastal political subdivision coastline closest
to the geographical center of the leased tract
and the geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among coastal political
subdivisions in amounts that are inversely
proportional to the applicable distances
determined under clause (ii).
``(4) Allocation among regional corporations.--
``(A) In general.--The Secretary shall pay 25
percent of any allocable share of the State, as
determined under this subsection, directly to certain
Regional Corporations established under section 7(a) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1606(a)).
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the Regional
Corporations, after determining those Native
villages within the region of the Regional
Corporation which are within 300 miles of the
geographical center of the leased tract based
on the relative distance of such villages from
the leased tract, in accordance with this
paragraph.
``(ii) Distances.--For each such village,
the Secretary shall determine the distance
between the point in the village closest to the
geographical center of the leased tract and the
geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the qualifying Regional
Corporations in amounts that are inversely
proportional to the distances of all of the
Native villages within each qualifying region.
``(iv) Revenues.--All revenues received by
each Regional Corporation under clause (iii)
shall be--
``(I) treated by the Regional
Corporation as revenue subject to the
distribution requirements of section
7(i)(1)(A) of the Alaska Native Claims
Settlement Act (43 U.S.C.
1606(i)(1)(A)); and
``(II) divided annually by the
Regional Corporation among all 12
Regional Corporations in accordance
with section 7(i) of that Act.
``(v) Further distribution to village
corporations.--A Regional Corporation receiving
revenues under clause (iii) or (iv)(II) shall
further distribute 50 percent of the revenues
received to the Village Corporations in the
region and the class of stockholders who are
not residents of those villages in accordance
with section 7(j) of that Act (43 U.S.C.
1606(j)).
``(5) Allocation among indian tribes.--
``(A) In general.--The Secretary shall pay 10
percent of any allocable share of the State, as
determined under this subsection, directly to Indian
tribes.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay Indian tribes based on
the relative distance of the headquarters of
the Indian tribes from the leased tract, in
accordance with this subparagraph.
``(ii) Distances.--For each Indian tribe,
the Secretary shall determine the distance
between the location of the headquarters of the
Indian tribe and the geographical center of the
tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the Indian tribes in amounts
that are inversely proportional to the
distances described in clause (ii).
``(6) Conservation royalty.--After making distributions
under paragraph (2) and section 31, the Secretary shall,
without further appropriation or action, distribute a
conservation royalty equal to 15 percent of Federal royalty
revenues derived from an area leased under this subsection from
all areas leased under this subsection for any year, into the
land and water conservation fund established under section 2 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-5) to provide financial assistance to States under section
6 of that Act (16 U.S.C. 460l-8).
``(7) Deficit reduction.--After making distributions in
accordance with paragraph (2) and in accordance with section
31, the Secretary shall, without further appropriation or
action, distribute an amount equal to 7.5 percent of Federal
royalty revenues derived from an area leased under this
subsection from all areas leased under this subsection for any
year, into direct Federal deficit reduction.''.
SEC. 4. IMPOSITION OF EXCISE TAX ON BITUMEN TRANSPORTED INTO THE UNITED
STATES.
(a) In General.--Subsection (a) of section 4612 of the Internal
Revenue Code of 1986 is amended--
(1) in paragraph (1), by striking ``and natural gasoline''
and inserting ``, natural gasoline, and bitumen'', and
(2) by inserting at the end the following new paragraph:
``(10) Bitumen.--The term `bitumen' includes diluted
bitumen, bituminous mixtures, or any oil manufactured from
bitumen or a bituminous mixture.''.
(b) Effective Date.--The amendments made by this section shall
apply to oil and petroleum products received or entered after December
31, 2013. | Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to: (1) require oil produced from federal leases in certain Arctic waters, except in preproduction phases (including explorations), to be transported by pipeline to onshore facilities; and (2) provide for, and issue appropriate permits for, the transportation of oil from such leases in preproduction phases (including exploration) by means other than pipeline. Requires that the state of Alaska receive 37.5% of all revenues derived from all rentals, royalties, bonus bids and other sums payable to the United States from energy development in any area of the Alaska Adjacent Zone, including from all sources of renewable energy leased, developed, or produced in such Zone. Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 25% of any allocable state share directly to coastal political subdivisions, (2) 25% of any allocable state share to certain Regional Corporations, and (3) 10% of any allocable state share directly to Indian tribes. Instructs the Secretary to distribute: (1) 15% of certain federal royalty revenues into a specified land and water conservation fund to provide financial assistance to states, and (2) 7.5% of certain federal royalty revenues into direct federal deficit reduction. Amends the Internal Revenue Code to impose an excise tax on bitumen transported into the United States. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUD Programs Information
Verification Act''.
SEC. 2. HUD DATA MATCH WITH NATIONAL DIRECTORY OF NEW HIRES.
(a) Information Comparisons for Public and Assisted Housing
Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j))
is amended by adding at the end the following new paragraph:
``(7) Information comparisons for housing assistance
programs.--
``(A) Furnishing of information by hud.--Subject to
subparagraph (G), the Secretary of Housing and Urban
Development shall furnish to the Secretary, on such
periodic basis as determined by the Secretary of
Housing and Urban Development in consultation with the
Secretary, information in the custody of the Secretary
of Housing and Urban Development for comparison with
information in the National Directory of New Hires, in
order to obtain information in such Directory with
respect to individuals who are participating in any
program under--
``(i) the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.);
``(ii) section 202 of the Housing Act of
1959 (12 U.S.C. 1701q);
``(iii) section 221(d)(3), 221(d)(5), or
236 of the National Housing Act (12 U.S.C.
1715l(d) and 1715z-1);
``(iv) section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
8013); or
``(v) section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s).
``(B) Requirement to seek minimum information.--The
Secretary of Housing and Urban Development shall seek
information pursuant to this section only to the extent
necessary to verify the employment and income of
individuals described in subparagraph (A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The
Secretary, in cooperation with the Secretary of
Housing and Urban Development, shall compare
information in the National Directory of New
Hires with information provided by the
Secretary of Housing and Urban Development with
respect to individuals described in
subparagraph (A), and shall disclose
information in such Directory regarding such
individuals to the Secretary of Housing and
Urban Development, in accordance with this
paragraph, for the purposes specified in this
paragraph.
``(ii) Condition on disclosure.--The
Secretary shall make disclosures in accordance
with clause (i) only to the extent that the
Secretary determines that such disclosures do
not interfere with the effective operation of
the program under this part.
``(D) Use of information by hud.--The Secretary of
Housing and Urban Development may use information
resulting from a data match pursuant to this paragraph
only--
``(i) for the purpose of verifying the
employment and income of individuals described
in subparagraph (A); and
``(ii) after removal of personal
identifiers, to conduct analyses of the
employment and income reporting of individuals
described in subparagraph (A).
``(E) Disclosure of information by hud.--
``(i) Purpose of disclosure.--The Secretary
of Housing and Urban Development may make a
disclosure under this subparagraph only for the
purpose of verifying the employment and income
of individuals described in subparagraph (A).
``(ii) Disclosures permitted.--Subject to
clause (iii), the Secretary of Housing and
Urban Development may disclose information
resulting from a data match pursuant to this
paragraph only to a public housing agency, the
Inspector General of the Department of Housing
and Urban Development, and the Attorney General
in connection with the administration of a
program described in subparagraph (A).
Information obtained by the Secretary of
Housing and Urban Development pursuant to this
paragraph shall not be made available under
section 552 of title 5, United States Code.
``(iii) Conditions on disclosure.--
Disclosures under this paragraph shall be--
``(I) made in accordance with data
security and control policies
established by the Secretary of Housing
and Urban Development and approved by
the Secretary;
``(II) subject to audit in a manner
satisfactory to the Secretary; and
``(III) subject to the sanctions
under subsection (l)(2).
``(iv) Additional disclosures.--
``(I) Determination by
secretaries.--The Secretary of Housing
and Urban Development and the Secretary
shall determine whether to permit
disclosure of information under this
paragraph to persons or entities
described in subclause (II), based on
an evaluation made by the Secretary of
Housing and Urban Development (in
consultation with and approved by the
Secretary), of the costs and benefits
of disclosures made under clause (ii)
and the adequacy of measures used to
safeguard the security and
confidentiality of information so
disclosed.
``(II) Permitted persons or
entities.--If the Secretary of Housing
and Urban Development and the Secretary
determine pursuant to subclause (I)
that disclosures to additional persons
or entities shall be permitted,
information under this paragraph may be
disclosed by the Secretary of Housing
and Urban Development to a private
owner, a management agent, and a
contract administrator in connection
with the administration of a program
described in subparagraph (A), subject
to the conditions in clause (iii) and
such additional conditions as agreed to
by the Secretaries.
``(v) Restrictions on redisclosure.--A
person or entity to which information is
disclosed under this subparagraph may use or
disclose such information only as needed for
verifying the employment and income of
individuals described in subparagraph (A),
subject to the conditions in clause (iii) and
such additional conditions as agreed to by the
Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of
Housing and Urban Development shall reimburse the
Secretary, in accordance with subsection (k)(3), for
the costs incurred by the Secretary in furnishing the
information requested under this paragraph.
``(G) Consent.--The Secretary of Housing and Urban
Development shall not seek, use, or disclose
information under this paragraph relating to an
individual without the prior written consent of such
individual (or of a person legally authorized to
consent on behalf of such individual).''.
(b) Consent to Information Comparison and Use as Condition of Hud
Program Eligibility.--As a condition of participating in any program
authorized under--
(1) the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.);
(2) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(3) section 221(d)(3), 221(d)(5), or 236 of the National
Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
(4) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); or
(5) section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s),
the Secretary of Housing and Urban Development may require consent by
an individual (or by a person legally authorized to consent on behalf
of such individual) for such Secretary to obtain, use, and disclose
information with respect to such individual in accordance with section
453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)). | HUD Programs Information Verification Act - Amends part D (Child Support and Establishment of Paternity) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act to provide for public and assisted housing-related employment and income data comparisons between the Department of Housing and Urban Development and the Department of Health and Human Services' National Directory of New Hires.Sets forth data disclosure and use limitations. | [
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.
(a) Holding Salaries in Escrow.--
(1) In general.--If by April 15, 2017, a House of Congress
has not agreed to a concurrent resolution on the budget for
fiscal year 2018 pursuant to section 301 of the Congressional
Budget Act of 1974, during the period described in paragraph
(2) the payroll administrator of that House of Congress shall
deposit in an escrow account all payments otherwise required to
be made during such period for the compensation of Members of
Congress who serve in that House of Congress, and shall release
such payments to such Members only upon the expiration of such
period.
(2) Period described.--With respect to a House of Congress,
the period described in this paragraph is the period which
begins on April 16, 2017, and ends on the earlier of--
(A) the day on which the House of Congress agrees
to a concurrent resolution on the budget for fiscal
year 2018 pursuant to section 301 of the Congressional
Budget Act of 1974; or
(B) the last day of the One Hundred Fifteenth
Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator shall provide for
the same withholding and remittance with respect to a payment
deposited in an escrow account under paragraph (1) that would
apply to the payment if the payment were not subject to
paragraph (1).
(4) Release of amounts at end of the congress.--In order to
ensure that this section is carried out in a manner that shall
not vary the compensation of Senators or Representatives in
violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Fifteenth Congress.
(5) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this section.
(b) Treatment of Delegates as Members.--In this section, the term
``Member of Congress'' includes a Delegate or Resident Commissioner to
the Congress.
(c) Payroll Administrator Defined.--In this section, the term
``payroll administrator'' of a House of Congress means--
(1) in the case of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an
employee of the Office of the Chief Administrative Officer who
is designated by the Chief Administrative Officer to carry out
this section; and
(2) in the case of the Senate, the Secretary of the Senate,
or an employee of the Office of the Secretary of the Senate who
is designated by the Secretary to carry out this section.
SEC. 3. DETERMINATION OF COMPLIANCE WITH STATUTORY REQUIREMENT TO
SUBMIT THE PRESIDENT'S BUDGET.
Not later than 3 days after the President's budget is due, the
Inspector General of the Office of Personnel Management shall--
(1) make an annual determination of whether the Director of
the Office of Management and Budget (OMB) and the President are
in compliance with section 1105 of title 31, United States
Code; and
(2) provide a written notification of such determination to
the Chairpersons of the Committee on the Budget and the
Committee on Appropriations of the Senate and the Chairpersons
of the Committee on the Budget and the Committee on
Appropriations of the House of Representatives.
SEC. 4. NO PAY UPON FAILURE TO TIMELY SUBMIT THE PRESIDENT'S BUDGET TO
CONGRESS.
(a) In General.--Notwithstanding any other provision of law, no
funds may be appropriated or otherwise be made available from the
United States Treasury for the pay of the Director of OMB, Deputy
Director of OMB, and the Deputy Director for Management of OMB during
any period of noncompliance determined by the Inspector General of the
Office of Personnel Management under section 3.
(b) No Retroactive Pay.--The Director of OMB, Deputy Director of
OMB, and the Deputy Director for Management of OMB may not receive pay
for any period of noncompliance determined by the Inspector General of
the Office of Personnel Management under section 3 at any time after
the end of that period.
SEC. 5. EFFECTIVE DATE.
Sections 3 and 4 shall take effect upon the date of enactment of
this Act. | Protection From Obamacare Mandates and Congressional Equity Act This bill withholds the salaries of Members of a house of Congress that has not agreed to a budget resolution for FY2018 by April 15, 2017, as required by the Congressional Budget Act of 1974. Salaries are withheld from April 16, 2017, until the house of Congress agrees to a budget resolution or the last day of the 115th Congress, whichever is earlier. The Inspector General of the Office of Personnel Management (OPM), by three days after the President's budget is due, shall: (1) make an annual determination of whether the Office of Management and Budget (OMB) and the President are in compliance with statutory requirements for the President's annual budget submission to Congress, and (2) provide a written notification of such determination to specified congressional committees. No funds may be appropriated or otherwise be made available from the Treasury for the pay of the Director, Deputy Director, and Deputy Director for Management of the OMB during any period of noncompliance determined by the OPM Inspector General. Such officials may not receive pay for any period of noncompliance at any time after the end of that period. | [
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1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1
] |
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