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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Families Act''.
SEC. 2. PERMANENT RESIDENT STATUS FOR IMMEDIATE FAMILY MEMBERS OF
ACTIVE DUTY MILITARY SERVICE PERSONNEL.
(a) In General.--The Secretary of Homeland Security or the Attorney
General shall adjust the status of an alien described in subsection (b)
to that of an alien lawfully admitted for permanent residence if the
alien--
(1) applies for such adjustment;
(2) is admissible to the United States as an immigrant,
except as provided in subsection (d);
(3) pays a fee in an amount determined by the Secretary for
the processing of such application (unless such fee is waived
by the Secretary); and
(4) is physically present in the United States.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided under subsection (a) shall only apply to an alien who is--
(1) a parent, spouse, child, son, or daughter (and their
spouse, child, son, or daughter, if any) of--
(A) a living Armed Forces member described in
subsection (c); or
(B) a deceased Armed Forces member described in
subsection (c) if--
(i) the Armed Forces member died as a
result of injury or disease incurred in or
aggravated by the Armed Forces member's
service; and
(ii) the alien applies for such
adjustment--
(I) if the death of the Armed
Forces member occurred prior to the
date of the enactment of this Act, not
later than 2 years after the date of
such enactment; or
(II) if the death of the Armed
Forces member occurred after the date
of the enactment of this Act, not later
than 2 years after the death of the
Armed Forces member; or
(2) a son or daughter described in paragraph (1) or (3) of
section 203(a) of the Immigration and Nationality Act (8 U.S.C.
1153(a)) who has a Filipino parent who was naturalized pursuant
to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440
note).
(c) Armed Forces Member Defined.--In this section, the term ``Armed
Forces member'' means any person who--
(1) is, or was at the time of the person's death described
in subsection (b)(1)(B)(i), a United States citizen or lawfully
admitted for permanent residence;
(2) is serving, or has served honorably on or after October
7, 2001, as a member of the National Guard or the Selected
Reserve of the Ready Reserve, or in an active-duty status in
the military, air, or naval forces of the United States; and
(3) if separated from the service described in paragraph
(2), was separated under honorable conditions.
(d) Waiver of Certain Grounds of Inadmissibility.--
(1) In general.--The provisions of paragraphs (4), (5),
(6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)) shall not apply to
adjustment of status under this Act.
(2) Additional waivers.--The Secretary of Homeland Security
or the Attorney General may waive any other provision of
section 212(a) of such Act (other than paragraph (2)(C) and
subparagraphs (A), (B), (C), (E), and (F) of paragraph (3))
with respect to an adjustment of status under this Act--
(A) for humanitarian purposes;
(B) to assure family unity; or
(C) if such waiver is otherwise in the public
interest.
(e) Record of Adjustment.--Upon the approval of an application for
adjustment of status under this Act, the Secretary of Homeland Security
shall create a record of the alien's admission as an alien lawfully
admitted for permanent residence.
(f) No Offset in Number of Visas Available.--
(1) In general.--If an alien is lawfully admitted for
permanent residence under this Act, the Secretary of State
shall not reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
(2) Exemption from direct numerical limitations.--Section
201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who are described in paragraph (1) or (3) of
section 203(a) and have a Filipino parent who was naturalized
pursuant to section 405 of the Immigration Act of 1990 (8
U.S.C. 1440 note).''. | Military Families Act - Directs the Secretary of Homeland Security or the Attorney General to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment (with a time limit for an alien applying as a family member of a deceased Armed Forces member); (2) is admissible to the United States as an immigrant; (3) pays the application fee (unless waived); and (4) is physically present in the United States.
Applies such provision to an alien who is: (1) a parent, spouse, child, son, or daughter (and their spouse, child, son, or daughter, if any) of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease; or (2) a son or daughter of a Filipino parent who was naturalized based upon active duty World War II service in the Philippine Army, Philippine Scouts, or a recognized guerilla unit.
Defines "Armed Forces member" as a person who: (1) is, or was at the time of the person's death, a U.S. citizen or lawfully admitted permanent resident; (2) is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the U.S. military; and (3) if separated from service was separated under honorable conditions.
Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ynez Band of Chumash Indians
Land Affirmation Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 13, 2017, the General Council of the Santa
Ynez Band of Chumash Indians voted to approve the Memorandum of
Agreement between the County of Santa Barbara and the Santa
Ynez Band of Chumash Indians regarding the approximately
1,427.28 acres of land, commonly known as Camp 4, and
authorized the Tribal Chairman to sign the Memorandum of
Agreement.
(2) On October 31, 2017, the Board of Supervisors for the
County of Santa Barbara approved the Memorandum of Agreement on
Camp 4 and authorized the Chair to sign the Memorandum of
Agreement.
(3) The Secretary of the Interior approved the Memorandum
of Agreement pursuant to section 2103 of the Revised Statutes
(25 U.S.C. 81).
SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS.
(a) Ratification of Trust Status.--The action taken by the
Secretary on January 20, 2017, to place approximately 1,427.28 acres of
land located in Santa Barbara County, California, into trust for the
benefit of the Santa Ynez Band of Chumash Indians is hereby ratified
and confirmed as if that action had been taken under a Federal law
specifically authorizing or directing that action.
(b) Ratification of Actions of the Secretary.--The actions taken by
the Secretary to assume jurisdiction over the appeals relating to the
fee-to-trust acquisition of approximately 1,427.28 acres in Santa
Barbara County, California, on January 30, 2015, is hereby ratified and
confirmed as if that action had been taken under a Federal law
specifically authorizing or directing that action.
(c) Ratification of Actions of the Secretary.--The actions taken by
the Secretary to dismiss the appeals relating to the fee-to-trust
acquisition of approximately 1,427.28 acres in Santa Barbara County,
California, on January 19, 2017, is hereby ratified and confirmed as if
that action had been taken under a Federal law specifically authorizing
or directing that action.
(d) Administration.--
(1) Administration.--The land placed into trust for the
benefit of the Santa Ynez Band of Chumash Indians by the
Secretary of the Interior on January 20, 2017, shall be a part
of the Santa Ynez Indian Reservation and administered in
accordance with the laws and regulations generally applicable
to the land held in trust by the United States for an Indian
tribe.
(2) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), placing the land
described in subsection (b) into trust shall remove any
restrictions on the property pursuant to California Government
Code Section 51295 or any other provision of such Act.
(e) Legal Description of Lands Transferred.--The lands to be
transferred pursuant to this Act are described as follows:
Legal Land Description/Site Location:Real property in the
unincorporated area of the County of Santa Barbara, State of
California, described as follows: PARCEL 1: (APN: 141-121-51
AND PORTION OF APN 141-140-10)LOTS 9 THROUGH 18, INCLUSIVE, OF
TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS
MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF
OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10)LOTS 1
THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3:
(PORTIONS OF APNS: 141-230-23 AND 141-140-10)LOTS 19 AND 20 OF
TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15
THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY
LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN
EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136
OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT
TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5,
2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4:
(APN: 141-240-02 AND PORTION OF APN: 141-140-10)LOTS 1 THROUGH
12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5:
(PORTION OF APN: 141-230-23)THAT PORTION OF LOTS 3 AND 6 OF
TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO
THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2,
1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID
COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE
OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105584 OF OFFICIAL RECORDS.
(f) Rules of Construction.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(2) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(3) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of the enactment of this Act.
(g) Restricted Use of Transferred Lands.--The Tribe may not
conduct, on the land described in subsection (b) taken into trust for
the Tribe pursuant to this Act, gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(h) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians. | Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017 (Sec. 2) This bill ratifies and confirms the actions of the Department of the Interior to: (1) take approximately 1,427 acres of land in Santa Barbara County, California, into trust for the benefit of the Santa Ynez Band of Chumash Indians, (2) assume jurisdiction over the appeals relating to the acquisition of this land, and (3) dismiss those appeals. The land is made part of the Santa Ynez Indian Reservation. The bill removes restrictions on the land pursuant to certain state laws. Gaming is prohibited on this land. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prepare All Kids Act of 2009''.
SEC. 2. HIGH QUALITY PREKINDERGARTEN PROGRAMS.
Title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) is amended--
(1) by redesignating part I as part J; and
(2) by inserting after part H the following:
``PART I--HIGH QUALITY PREKINDERGARTEN PROGRAMS
``SEC. 1841. FINDINGS.
``Congress makes the following findings:
``(1) Investments in children and early childhood
development education should be a national priority.
``(2) State-funded preschool is the most rapidly expanding
segment of the United States educational system, but in many
States a lack of stable funding poses an enormous threat to the
provision or continuation of high quality preschool.
``(3) Researchers, educators, and economists have long
noted an achievement gap for low-income and minority students
as compared to their more advantaged peers that is often
already evident when children enter school for the first time.
``(4) One study showed that before entering kindergarten,
the average cognitive scores of preschool-age children in the
highest socioeconomic group are 60 percent above the average
scores of children in the lowest socioeconomic group.
``(5) For low-income preschoolers, research shows that high
quality early education and development is vital to closing the
achievement gap between them and their more advantaged peers.
``(6) Numerous studies have shown that high quality
preschool programs--
``(A) improve a number of specific life outcomes
for children; and
``(B) are cost effective.
``(7) The provision of high quality prekindergarten is a
cost-effective investment for children and for the Nation.
Research shows that for every $1 invested in high quality early
childhood programs, taxpayers save up to $7 in crime, welfare,
remedial and special education, and other costs.
``(8) High quality early education increases academic
success for schoolchildren who received that education by--
``(A) improving skills in areas such as following
directions and problem solving;
``(B) improving children's performance on
standardized tests;
``(C) reducing grade repetition;
``(D) reducing the number of children placed in
special education; and
``(E) increasing high school graduation rates.
``(9) High quality early education promotes responsible
behavior by teens and adults who received that education by--
``(A) reducing crime, delinquency, and unhealthy
behaviors such as smoking and drug use;
``(B) lowering rates of teen pregnancy;
``(C) leading to greater employment and higher
wages for adults; and
``(D) contributing to more stable families.
``(10) High quality prekindergarten programs prepare
children to--
``(A) succeed in school;
``(B) achieve higher levels of education; and
``(C) become citizens who--
``(i) earn more in adulthood;
``(ii) compete in the global economy; and
``(iii) contribute to our national
prosperity.
``SEC. 1842. DEFINITIONS.
``In this part:
``(1) Full-day.--The term `full-day', used with respect to
a program, means a program with a minimum of a 6-hour schedule
per day.
``(2) Poverty line.--The term `poverty line' has the
meaning given the term in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) and includes any
revision required by that section.
``(3) Prekindergarten.--The term `prekindergarten' means a
program that--
``(A) serves children who are ages 3 through 5;
``(B) supports children's cognitive, social,
emotional, and physical development and approaches to
learning; and
``(C) helps prepare children for a successful
transition to kindergarten.
``(4) Prekindergarten teacher.--The term `prekindergarten
teacher' means an individual who--
``(A) has a bachelor of arts degree with a
specialization in early childhood education or early
childhood development; or
``(B) during the 6-year period following the first
date on which the individual is employed as such a
teacher under this part, is working toward that degree.
``(5) Qualified prekindergarten provider.--The term
`qualified prekindergarten provider' includes a provider of a
prekindergarten program, a Head Start agency, a provider of a
child care program, a school, and a for-profit or nonprofit
organization that--
``(A) is in existence on the date of the
qualification determination; and
``(B) has met applicable requirements under State
or local law that are designed to protect the health
and safety of children and that are applicable to child
care providers.
``SEC. 1843. PROGRAM AUTHORIZATION.
``(a) Prekindergarten Incentive Fund.--The Secretary, in
collaboration and consultation with the Secretary of Health and Human
Services, shall create a Prekindergarten Incentive Fund, to be
administered by the Secretary of Education.
``(b) Grants.--In administering the Fund, the Secretary shall award
grants to eligible States based on a formula established by the
Secretary in accordance with subsection (c), to pay for the Federal
share of the cost of awarding subgrants to qualified prekindergarten
providers to establish, expand, or enhance voluntary high quality full-
day prekindergarten programs.
``(c) Minimum Allotment.--No State shall receive a grant allotment
under subsection (b) for a fiscal year that is less than one-half of 1
percent of the total amount made available to carry out this part for
such fiscal year.
``SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS.
``(a) Designated State Agency.--To be eligible to receive a grant
under this part, a State shall designate a State agency to administer
the State program of assistance for prekindergarten programs funded
through the grant, including receiving and administering funds and
monitoring the programs.
``(b) State Application.--In order for a State to be eligible to
receive a grant under this part, the designated State agency shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require, including--
``(1) an assurance that the State will award subgrants for
prekindergarten programs that are sufficient to provide a high
quality prekindergarten experience;
``(2) an assurance that not less than 25 percent of the
qualified prekindergarten providers receiving such subgrants
will be providers of community-based programs;
``(3) a description of the number of children in the State
who are eligible for the prekindergarten programs and the needs
that will be served through the prekindergarten programs;
``(4) a description of how the State will ensure that the
subgrants are awarded to a wide range of types of qualified
prekindergarten providers;
``(5) a description of how the designated State agency will
collaborate and coordinate activities with the State Advisory
Council on Early Childhood Education and Care, State-funded
providers of prekindergarten programs, providers of federally
funded programs such as Head Start agencies, local educational
agencies, and child care providers;
``(6) a description of how the State will ensure, through a
monitoring process, that qualified prekindergarten providers
receiving the subgrants provide programs that meet the
standards of high quality early education, and use funds
appropriately;
``(7) a description of how the State will meet the needs of
the most disadvantaged students, including families at or below
200 percent of the poverty line;
``(8) a description of how the State will meet the needs of
working parents; and
``(9) a description of how the State will assist in
providing professional development assistance to
prekindergarten teachers and teacher aides.
``(c) Federal Share.--The Federal share of the cost described in
section 1843(b) shall be 50 percent. The State shall provide the non-
Federal share of the cost in cash.
``(d) Supplementary Federal Funding.--Funds made available under
this part may be used only to supplement and not supplant other
Federal, State, local, or private funds that would, in the absence of
the funds made available under this part, be made available for early
childhood programs.
``(e) Maintenance of Effort.--A State that receives a grant under
this part for a fiscal year shall maintain the expenditures of the
State for early childhood programs at a level not less than the level
of such expenditures of the State for the preceding fiscal year.
``SEC. 1845. STATE SET ASIDES AND EXPENDITURES.
``(a) Infant and Toddler Set Aside.--Notwithstanding sections 1842
and 1843, a State shall set aside not less than 15 percent of the funds
made available through a grant awarded under this part for the purpose
of funding high quality early childhood development programs for
children who are ages 0 through 3. Funds made available under this
subsection may also be used for professional development for teachers
and teacher aides in classrooms for children who are ages 0 through 3.
``(b) Extended Day and Extended Year Set Aside.--Notwithstanding
section 1843, a State shall set aside not less than 10 percent of the
funds made available through a grant awarded under this part for the
purpose of extending the hours of early childhood programs to create
extended day and extended year programs.
``(c) Administrative Expenses.--Not more than 5 percent of the
funds made available through such a grant may be used for
administrative expenses, including monitoring.
``SEC. 1846. LOCAL APPLICATIONS.
``To be eligible to receive a subgrant under this part, a qualified
prekindergarten provider shall submit an application to the designated
State agency at such time, in such manner, and containing such
information as the agency may reasonably require, including--
``(1) a description of how the qualified prekindergarten
provider will meet the diverse needs of children in the
community to be served, including children with disabilities,
whose native language is not English, or with other special
needs, children in the State foster care system, and homeless
children;
``(2) a description of how the qualified prekindergarten
provider will serve eligible children who are not served
through similar services or programs;
``(3) a description of a plan for actively involving
parents and families in the prekindergarten program and the
success of their children in the program;
``(4) a description of how children in the prekindergarten
program, and their parents and families, will receive referrals
to, or assistance with, accessing supportive services provided
within the community;
``(5) a description of how the qualified prekindergarten
provider collaborates with the State Advisory Council on Early
Childhood Education and Care and providers of other programs
serving children and families, including Head Start agencies,
providers of child care programs, and local educational
agencies, to meet the needs of children, families, and working
families, as appropriate; and
``(6) a description of how the qualified prekindergarten
provider will collaborate with local educational agencies to
ensure a smooth transition for participating students from the
prekindergarten program to kindergarten and early elementary
education.
``SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS.
``(a) Mandatory Uses of Funds.--A qualified prekindergarten
provider that receives a subgrant under this part shall use funds
received through the grant to establish, expand, or enhance
prekindergarten programs for children who are ages 3 through 5,
including--
``(1) providing a prekindergarten program that supports
children's cognitive, social, emotional, and physical
development and approaches to learning, and helps prepare
children for a successful transition to kindergarten; and
``(2) purchasing educational equipment, including
educational materials, necessary to provide a high quality
prekindergarten program.
``(b) Permissible Use of Funds.--A qualified prekindergarten
provider that receives a subgrant under this part may use funds
received through the grant to--
``(1) extend part-day prekindergarten programs to full-day
prekindergarten programs and year-round programs;
``(2) pay for transporting students to and from a
prekindergarten program; and
``(3) provide professional development assistance to
prekindergarten teachers and teacher aides.
``(c) Program Requirements.--A qualified prekindergarten provider
that receives a subgrant under this part shall carry out a high quality
prekindergarten program by--
``(1) maintaining a maximum class size of 20 children, with
at least 1 prekindergarten teacher per classroom;
``(2) ensuring that the ratio of children to
prekindergarten teachers and teacher aides shall not exceed 10
to 1;
``(3) utilizing a prekindergarten curriculum that is
research- and evidence-based, developmentally appropriate, and
designed to support children's cognitive, social, emotional,
and physical development, and approaches to learning; and
``(4) ensuring that prekindergarten teachers meet the
requirements of this part.
``SEC. 1848. REPORTING.
``(a) Qualified Prekindergarten Provider Reports.--Each qualified
prekindergarten provider that receives a subgrant from a State under
this part shall submit an annual report, to the designated State
agency, that reviews the effectiveness of the prekindergarten program
provided. Such annual report shall include--
``(1) data specifying the number and ages of enrolled
children, and the family income, race, gender, disability, and
native language of such children;
``(2) a description of--
``(A) the curriculum used by the program;
``(B) how the curriculum supports children's
cognitive, social, emotional, and physical development
and approaches to learning; and
``(C) how the curriculum is appropriate for
children of the culture, language, and ages of the
children served; and
``(3) a statement of all sources of funding received by the
program, including Federal, State, local, and private funds.
``(b) State Reports.--Each State that receives a grant under this
part shall submit an annual report to the Secretary detailing the
effectiveness of all prekindergarten programs funded under this part in
the State.
``(c) Report to Congress.--The Secretary shall submit an annual
report to Congress that describes the State programs of assistance for
prekindergarten programs funded under this part.
``SEC. 1849. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal years 2010 through 2014.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents in section 1(b) of
the Elementary and Secondary Education Act of 1965 is amended--
(1) by striking the item relating to the part heading for
part I of title I and inserting the following:
``Part J--General Provisions'';
and
(2) by inserting after the items relating to part I of
title I and inserting the following:
``Part I--High Quality Full-Day Prekindergarten Programs
``Sec. 1841. Findings.
``Sec. 1842. Definitions.
``Sec. 1843. Program authorization.
``Sec. 1844. State applications and requirements.
``Sec. 1845. State set asides and expenditures.
``Sec. 1846. Local applications.
``Sec. 1847. Local prekindergarten program requirements.
``Sec. 1848. Reporting.
``Sec. 1849. Authorization of appropriations.''.
(b) Provisions.--Sections 1304(c)(2) and 1415(a)(2)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6394(c)(2),
6435(a)(2)(C)) are amended by striking ``part I'' and inserting ``part
J''. | Prepare All Kids Act of 2009 - Creates a part I (High Quality Prekindergarten Programs) under title I of the Elementary and Secondary Education Act of 1965. Implements such part by requiring the Secretary of Education to establish a Prekindergarten Incentive Fund from which matching grants shall be awarded to states and, through them, subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs serving children ages three through five.
Directs state grantees to set aside: (1) at least 15% of their grant for quality early childhood development programs for children ages zero through three; and (2) at least 10% of their grant to extend the hours of early childhood programs to create extended day and year programs.
Requires prekindergarten subgrantees to: (1) maintain a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; and (2) ensure that the ratio of children to prekindergarten teachers and teacher aides does not exceed 10 to 1. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco
Cessation Promotion Act of 2004''.
SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Y), by striking ``and'' at the end;
(2) in subparagraph (Z), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(AA) counseling for cessation of tobacco use (as defined
in subsection (bbb));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``Counseling for Cessation of Tobacco Use
``(bbb)(1)(A) Subject to subparagraph (B), the term `counseling for
cessation of tobacco use' means diagnostic, therapy, and counseling
services for cessation of tobacco use for individuals who use tobacco
products or who are being treated for tobacco use which are furnished--
``(i) by or under the supervision of a physician;
``(ii) by a practitioner described in clause (i), (iii),
(iv), (v) or (vi) of section 1842(b)(18)(C); or
``(iii) by a licensed tobacco cessation counselor (as
defined in paragraph (2)).
``(B) Such term is limited to--
``(i) services recommended in `Treating Tobacco Use and
Dependence: A Clinical Practice Guideline', published by the
Public Health Service in June 2000, or any subsequent
modification of such Guideline; and
``(ii) such other services that the Secretary recognizes to
be effective.
``(2) In this subsection, the term `licensed tobacco cessation
counselor' means a tobacco cessation counselor who--
``(A) is licensed as such by the State (or in a State which
does not license tobacco cessation counselors as such, is
legally authorized to perform the services of a tobacco
cessation counselor in the jurisdiction in which the counselor
performs such services); and
``(B) meets uniform minimum standards relating to basic
knowledge, qualification training, continuing education, and
documentation that are established by the Secretary for
purposes of this subsection.''.
(c) Payment and Elimination of Cost-Sharing for Counseling for
Cessation of Tobacco Use.--
(1) Payment and elimination of coinsurance.--Section
1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1))
is amended--
(A) by striking ``and'' before ``(V)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (W) with respect to counseling
for cessation of tobacco use (as defined in section
1861(ww)), the amount paid shall be 100 percent of the
lesser of the actual charge for the service or the
amount determined by a fee schedule established by the
Secretary for purposes of this subparagraph''.
(2) Elimination of coinsurance in outpatient hospital
settings.--
(A) Exclusion from opd fee schedule.--Section
1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C.
1395l(t)(1)(B)(iv)) is amended by striking ``and
diagnostic mammography'' and inserting ``, diagnostic
mammography, or counseling for cessation of tobacco use
(as defined in section 1861(bbb))''.
(B) Conforming amendments.--Section 1833(a)(2) of
the Social Security Act (42 U.S.C. 1395l(a)(2)) is
amended--
(i) in subparagraph (F), by striking
``and'' after the semicolon at the end;
(ii) in subparagraph (G)(ii), by striking
the comma at the end and inserting ``; and'';
and
(iii) by inserting after subparagraph
(G)(ii) the following new subparagraph:
``(H) with respect to counseling for cessation of
tobacco use (as defined in section 1861(bbb)) furnished
by an outpatient department of a hospital, the amount
determined under paragraph (1)(W),''.
(3) Elimination of deductible.--The first sentence of
section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b))
is amended--
(A) by striking ``and'' before ``(6)''; and
(B) by inserting before the period the following:
``, and (7) such deductible shall not apply with
respect to counseling for cessation of tobacco use (as
defined in section 1861(bbb))''.
(d) Application of Limits on Billing.--Section 1842(b)(18)(C) of
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by
adding at the end the following new clause:
``(vii) A licensed tobacco cessation counselor (as defined
in section 1861(bbb)(2)).''.
(e) Inclusion as Part of Initial Preventive Physical Examination.--
Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2))
is amended by adding at the end the following new subparagraph:
``(L) Counseling for cessation of tobacco use (as defined
in subsection (bbb)).''.
(f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.
SEC. 3. MEDICARE COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY.
(a) Inclusion of Tobacco Cessation Agents as Covered Drugs.--
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) any agent approved by the Food and Drug
Administration for purposes of promoting, and when used
to promote, tobacco cessation that may be dispensed
without a prescription (commonly referred to as an
`over-the-counter' drug), but only if such an agent is
prescribed by a physician (or other person authorized
to prescribe under State law),''.
(b) Establishment of Categories and Classes Consisting of Tobacco
Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act
(42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the
following new clause:
``(iv) Categories and classes of tobacco
cessation agents.--There shall be a therapeutic
category or class of covered part D drugs
consisting of agents approved by the Food and
Drug Administration for cessation of tobacco
use. Such category or class shall include
tobacco cessation agents described in
subparagraphs (A) and (C) of section 1860D-
2(e)(1).''.
(c) Conforming Amendment.--Section 1860D-2(e)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by striking ``,
other than subparagraph (E) of such section (relating to smoking
cessation agents),''.
SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM.
(a) Coverage of Tobacco Cessation Counseling Services.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (26), by striking ``and'' after
the semicolon at the end;
(B) by redesignating paragraph (27) as paragraph
(28); and
(C) by inserting after paragraph (26) the following
new paragraph:
``(27) at the option of the State, counseling for cessation
of tobacco use (as defined in section 1861(bbb)); and''.
(2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is
amended by inserting ``or (27)'' after ``(24)''.
(b) Elimination of Optional Exclusion From Medicaid Prescription
Drug Coverage for Tobacco Cessation Medications.--Section 1927(d)(2) of
the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
(1) by striking subparagraph (E);
(2) by redesignating subparagraphs (F) through (J) as
subparagraphs (E) through (I), respectively; and
(3) in subparagraph (F) (as redesignated by paragraph (2)),
by inserting before the period at the end the following: ``,
other than agents approved by the Food and Drug Administration
for purposes of promoting, and when used to promote, tobacco
cessation''.
(c) Removal of Cost-Sharing for Tobacco Cessation Counseling
Services and Medications.--Subsections (a)(2) and (b)(2) of section
1916 of the Social Security Act (42 U.S.C. 1396o) are each amended--
(1) in subparagraph (D), by striking ``or'' after the comma
at the end;
(2) in subparagraph (E), by striking ``; and'' and
inserting ``, or''; and
(3) by adding at the end the following new subparagraph:
``(F)(i) counseling for cessation of tobacco use
described in section 1905(a)(27); or
``(ii) covered outpatient drugs (as defined in
paragraph (2) of section 1927(k), and including
nonprescription drugs described in paragraph (4) of
such section) that are prescribed for purposes of
promoting, and when used to promote, tobacco cessation;
and''.
(d) Increased FMAP for Tobacco Cessation Counseling Services and
Medications.--The first sentence of section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)) is amended--
(1) by striking ``and'' before ``(4)''; and
(2) by inserting before the period the following: ``, and
(5) for purposes of this title, the Federal medical assistance
percentage shall be 80 percent with respect to amounts expended
as medical assistance for counseling for cessation of tobacco
use described in subsection (a)(27) and for covered outpatient
drugs (as defined in paragraph (2) of section 1927(k), and
including nonprescription drugs described in paragraph (4) of
such section) that are prescribed for purposes of promoting,
and when used to promote, tobacco cessation''.
(e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.
SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD
HEALTH SERVICES BLOCK GRANT PROGRAM.
(a) Quality Maternal and Child Health Services Includes Tobacco
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c) For purposes of this title, quality maternal and child health
services include the following:
``(1) Counseling for cessation of tobacco use (as defined
in section 1861(bbb)).
``(2) The encouragement of the prescribing and use of
agents approved by the Food and Drug Administration for
purposes of tobacco cessation.
``(3) The inclusion of messages that discourage tobacco use
in health promotion counseling.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act. | Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of: (1) counseling for cessation of tobacco use; and (2) tobacco cessation pharmacotherapy.
Provides for similar benefits under SSA titles V (Maternal and Child Health Services) and XIX (Medicaid). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Financial Services
Relief Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) On August 29, 2005, Hurricane Katrina, a category 4
storm with an impact area of 90,000 square miles, reached
landfall devastating the States of Louisiana, Mississippi and
Alabama, causing loss of life and property.
(2) Levee breaches in the flood control system for the city
of New Orleans as a result of Hurricane Katrina resulted in
tragic flooding, causing additional loss of life and property.
(3) Due to the substantial damage to both property and
infrastructure, more than 1,000,000 people were made homeless
or brought under financial duress by the effects of Hurricane
Katrina.
(4) At least 120 insured depository institutions and 96
insured credit unions are located in the areas of Texas,
Louisiana, Mississippi and Alabama, declared as major disaster
areas by the President.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act.
(2) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101 of the Federal
Credit Union Act.
(3) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(4) Qualified disaster area.--The term ``qualified disaster
area'' means any area within Alabama, Louisiana, Florida, or
Mississippi in which the President, pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, has determined, on or after August 25, 2005, that a major
disaster exists due to Hurricane Katrina.
SEC. 4. SENSE OF THE CONGRESS ON CASHING OF GOVERNMENT CHECKS.
It is the sense of the Congress that--
(1) it is vital that insured depository institutions and
insured credit unions continue to provide financial services to
consumers displaced or otherwise affected by Hurricane Katrina,
which includes the cashing of Federal government assistance and
benefit checks;
(2) the Secretary of the Treasury and the Federal financial
regulators should seek to educate insured depository
institutions and insured credit unions on the proper
application of the guidance issued by the Secretary on cashing
of Federal government assistance and benefit checks and
published in the Federal Register while such guidance is in
effect; and
(3) the Federal financial regulators should continue to
work with the insured depository institutions and insured
credit unions operating under extraordinary circumstances to
facilitate the cashing of Federal government assistance and
benefit checks.
SEC. 5. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES.
Notwithstanding section 11A of the Federal Reserve Act or any other
provision of law, during the effective period of this section, a
Federal reserve bank shall waive or rebate any transaction fee for wire
transfer services that otherwise would be imposed on any insured
depository institution or insured credit union that as of August 28,
2005, was headquartered in a qualified disaster area.
SEC. 6. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR AFFECTED
INSTITUTIONS.
(a) In General.--Notwithstanding section 38 of the Federal Deposit
Insurance Act, section 216 of the Federal Credit Union Act, or any
other provision of Federal law, during the 18-month period beginning on
the date of enactment of this Act, the appropriate Federal banking
agency and the National Credit Union Administration may forbear from
taking any action required under any such section or provision, on a
case-by-case basis, with respect to any undercapitalized insured
depository institution or undercapitalized insured credit union that is
not significantly or critically undercapitalized, if such agency or
Administration determines that--
(1) the insured depository institution or insured credit
union derives more than 50 percent of its total deposits from
persons who normally reside within, or whose principal place of
business is normally within, a qualified disaster area;
(2) the insured depository institution or insured credit
union was at least adequately capitalized as of August 25,
2005;
(3) the reduction in the capital or net worth category of
the insured depository institution or insured credit union is
directly attributable to the impact of Hurricane Katrina; and
(4) forbearance from any such action--
(A) would facilitate the recovery of the insured
depository institution or insured credit union from the
disaster in accordance with a recovery plan or a
capital or net worth restoration plan established by
such depository institution or credit union; and
(B) would be consistent with safe and sound
practices.
(b) Capital and Net Worth Categories Defined.--For purposes of this
section, the terms relating to capital categories for insured
depository institutions have the same meaning as in section 38(b)(1) of
the Federal Deposit Insurance Act and the terms relating to net worth
categories for insured credit unions have the same meaning as in
section 216(c)(1) of the Federal Credit Union Act.
SEC. 7. DEPOSIT OF INSURANCE PROCEEDS.
(a) In General.--The appropriate Federal banking agency and the
National Credit Union Administration may, by order, permit an insured
depository institution or insured credit union, during the 18-month
period beginning on the date of enactment of this Act, to subtract from
such institution's or credit union's total assets in calculating
compliance with the leverage limit, applicable under section 38 of the
Federal Deposit Insurance Act or section 216(c)(2) of the Federal
Credit Union Act with respect to such insured depository institution or
insured credit union, an amount not exceeding the qualifying amount
attributable to insurance proceeds, if the agency or Administration
determines that--
(1) such institution or credit union--
(A) derives more than 50 percent of its total
deposits from persons who normally reside within, or
whose principal place of business is normally within, a
qualified disaster area;
(B) was at least adequately capitalized as of
August 25, 2005; and
(C) has an acceptable plan for managing the
increase in its total assets and total deposits; and
(2) the subtraction is consistent with the purpose of
section 38 of the Federal Deposit Insurance Act, in the case of
an insured depository institution, and section 216 of the
Federal Credit Union Act, in the case of an insured credit
union.
(b) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Leverage limit.--The term ``leverage limit''--
(A) with respect to an insured depository
institution, has the same meaning as in section 38 of
the Federal Deposit Insurance Act; and
(B) with respect to an insured credit union, means
the net worth ratio that corresponds to the leverage
limit, as established in accordance with section
216(c)(2).
(2) Qualifying amount attributable to insurance proceeds.--
The term ``qualifying amount attributable to insurance
proceeds'' means the amount (if any) by which the institution's
or credit union's total assets exceed the institution's or
credit union's average total assets during the calendar quarter
ending before the date of the earliest Presidential
determination referred to in section 3(4), because of the
deposit of insurance payments or governmental assistance,
including government disaster relief payments, made with
respect to damage caused by, or other costs resulting from, the
major disaster within a qualified disaster area.
SEC. 8. EFFECTIVE PERIOD.
(a) In General.--Except as provided in sections 4(2), 6(a), and
7(a) and subject to subsection (b), the provisions of this Act shall
not apply after the end of the 180-day period beginning on the date of
the enactment of this Act.
(b) 30-Day Extension Authorized.--With respect to the provisions of
section 5, the 180-day period referred to in subsection (a) may be
extended for 1 additional 30-day period upon a determination by the
Board of Governors of the Federal Reserve System that such extension is
appropriate to achieve the purposes of this Act.
Passed the House of Representatives October 27, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Hurricane Katrina Financial Services Relief Act of 2005 - (Sec. 4) Expresses the sense of Congress that it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Katrina, which includes the cashing of federal government assistance and benefit checks.
Urges the Secretary of the Treasury and federal financial regulators to seek to educate insured depository institutions and insured credit unions on the proper application of the guidance on cashing of federal government assistance and benefit checks.
Urges federal financial regulators to continue to work with such institutions and credit unions operating under extraordinary circumstances to facilitate the cashing of federal government assistance and benefit checks.
(Sec. 5) Requires a federal reserve bank to waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that, as of August 28, 2005, was headquartered in a qualified disaster area.
(Sec. 6) Authorizes a federal financial regulator in specified circumstances to: (1) forbear from taking any action, on a case-by-case basis, with respect to any undercapitalized insured entity that is not significantly or critically undercapitalized; and (2) permit such entity, in calculating compliance with the applicable leverage limit, to subtract from its total assets an amount not exceeding the qualifying amount attributable to insurance proceeds.
Identifies such an insured entity as one that: (1) derives more than 50% of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (2) was adequately capitalized as of August 25, 2005; (3) incurred reduction of its capital or net worth category as a direct result of Hurricane Katrina;(4) has established a recovery plan, or a capital or net worth restoration plan; and (5) has an acceptable plan for managing the increase in its total assets and deposits.
(Sec. 8) Terminates the application of this Act 180 days after its enactment. Allows one additional 30-day extension by the Board of Governors of the Federal Reserve System of the application period. | [
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SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS
PLAN PARTICIPANTS.
(a) Participation in the Thrift Savings Plan.--Section 8351(b) of
title 5, United States Code, is amended--
(1) by amending paragraph (4) to read as follows:
``(4) Section 8433(b) of this title applies to any employee
or Member who elects to make contributions to the Thrift
Savings Fund under subsection (a) of this section and separates
from Government employment.'';
(2) by striking out paragraphs (5), (6), and (8);
(3) by redesignating paragraphs (7), (9), and (10) as
paragraphs (5), (6), and (7), respectively;
(4) in paragraph (5)(C) (as redesignated under paragraph
(3) of this subsection) by striking out ``or former spouse'' in
both places it appears;
(5) by amending paragraph (6) (as redesignated under
paragraph (3) of this subsection) to read as follows:
``(6) Notwithstanding paragraph (4), if an employee or
Member separates from Government employment and such employee's
or Member's nonforfeitable account balance is $3,500 or less,
the Executive Director shall pay the nonforfeitable account
balance to the participant in a single payment unless the
employee or Member elects, at such time and otherwise in such
manner as the Executive Director prescribes, one of the options
available under section 8433(b) of this title.''; and
(6) in paragraph (7) (as redesignated under paragraph (3)
of this subsection) by striking out ``nonforfeiture'' and
inserting in lieu thereof ``nonforfeitable''.
(b) Benefits and Election of Benefits.--Section 8433 of title 5,
United States Code, is amended--
(1) in subsection (b) by striking out the matter before
paragraph (1) and inserting in lieu thereof ``Subject to
section 8435 of this title, any employee or Member who
separates from Government employment entitled to an annuity
under subchapter II of this chapter or any employee or Member
who separates from Government employment is entitled and may
elect--'';
(2) by striking out subsections (c) and (d) and
redesignating subsections (e), (f), (g), (h), and (i) as
subsections (c), (d), (e), (f), and (g), respectively;
(3) in subsection (c)(1) (as redesignated under paragraph
(2) of this subsection) by striking out ``or (c)(4) or required
under subsection (d) directly to an eligible retirement plan or
plans) (as defined in section 402(a)(5)(E) of the Internal
Revenue Code of 1954)'' and inserting in lieu thereof
``directly to an eligible retirement plan or plans (as defined
in section 402(c)(8) of the Internal Revenue Code of 1986)'';
(4) in subsection (d)(2) (as redesignated under paragraph
(2) of this subsection) by striking out ``or (c)(2)''; and
(5) in subsection (f) (as redesignated under paragraph (2)
of this subsection)--
(A) by striking out paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2),
respectively; and
(B) in paragraph (1) (as redesignated under
subparagraph (A) of this paragraph)--
(i) by striking out ``Notwithstanding
subsections (b) and (c), if an employee or
Member separates from Government employment
under circumstances making such an employee or
Member eligible to make an election under
either of those subsections, and such
employee's or Member's'' and inserting in lieu
thereof ``Notwithstanding subsection (b), if an
employee or Member separates from Government
employment, and such employee's or Member's'';
and
(ii) by striking out ``or (c), as
applicable''; and
(C) in paragraph (2) (as redesignated under
subparagraph (A) of this paragraph) by striking out
``paragraphs (1) and (2)'' and inserting in lieu
thereof ``paragraph (1)''.
(c) Annuities: Methods of Payment; Election; Purchase.--Section
8434(c) of title 5, United States Code, is amended to read as follows:
``(c) Notwithstanding an elimination of a method of payment by the
Board an employee, Member, former employee, or former Member may elect
the eliminated method if the elimination of such method became
effective less than 5 years before the date on which the annuity
commences.''.
(d) Protections for Spouses and Former Spouses.--Section 8435 of
title 5, United States Code, is amended--
(1) in subsection (a)(1)(A) by striking out ``subsection
(b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title
or change an election previously made under subsection (b)(1),
(b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof
``subsection (b)(3) or (b)(4) of section 8433 of this title or
change an election previously made under subsection (b)(1) or
(b)(2)'';
(2) by striking out subsection (b);
(3) by redesignating subsections (c), (d), (e), (f), (g),
(h), and (i) as subsections (b), (c), (d), (e), (f), (g), and
(h), respectively;
(4) in subsection (b) (as redesignated under paragraph (3)
of this subsection) by amending paragraph (2) to read as
follows:
``(2) Paragraph (1) shall not apply, if--
``(A) a joint waiver of such method is made, in
writing, by the employee or Member and the spouse; or
``(B) the employee or Member waives such method, in
writing, after establishing to the satisfaction of the
Executive Director that circumstances described under
subsection (a)(2) (A) or (B) make the requirement of a
joint waiver inappropriate.''; and
(5) in subsection (c)(1) (as redesignated under paragraph
(3) of this subsection) by striking out ``and a transfer may
not be made under section 8433(d) of this title''.
(e) Justices and Judges.--Section 8440a(b) of title 5, United
States Code, is amended--
(1) in paragraph (5) by striking out ``Section 8433(d)''
and inserting in lieu thereof ``Section 8433(b)''; and
(2) by striking out paragraphs (7) and (8) and inserting in
lieu thereof the following:
``(7) Notwithstanding paragraphs (4) and (5), if any
justice or judge retires under subsection (a) or (b) of section
371 or section 372(a) of title 28, or resigns without having
met the age and service requirements set forth under section
371(c) of title 28, and such justice's or judge's
nonforfeitable account balance is $3,500 or less, the Executive
Director shall pay the nonforfeitable account balance to the
participant in a single payment unless the justice or judge
elects, at such time and otherwise in such manner as the
Executive Director prescribes, one of the options available
under section 8433(b).''.
(f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5,
United States Code, is amended--
(1) in subsection (b)(4) by amending subparagraph (B) to
read as follows:
``(B) Section 8433(b) of this title applies to any
bankruptcy judge or magistrate who elects to make
contributions to the Thrift Savings Fund under
subsection (a) of this section and who retires before
attaining age 65 but is entitled, upon attaining age
65, to an annuity under section 377 of title 28 or
section 2(c) of the Retirement and Survivors Annuities
for Bankruptcy Judges and Magistrates Act of 1988.'';
(2) in subsection (b)(4)(C) by striking out ``Section
8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';
(3) in subsection (b)(5) by striking out ``retirement under
section 377 of title 28 is'' and inserting in lieu thereof
``any of the actions described under paragraph (4) (A), (B), or
(C) shall be considered'';
(4) in subsection (b) by striking out paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(5) in paragraph (8) of subsection (b) (as redesignated
under paragraph (4) of this subsection)--
(A) by striking out ``Notwithstanding subparagraphs
(A) and (B) of paragraph (4), if any bankruptcy judge
or magistrate retires under circumstances making such
bankruptcy judge or magistrate eligible to make an
election under subsection (b) or (c)'' and inserting in
lieu thereof ``Notwithstanding paragraph (4), if any
bankruptcy judge or magistrate retires under
circumstances making such bankruptcy judge or
magistrate eligible to make an election under
subsection (b)''; and
(B) by striking out ``and (c), as applicable''.
(g) Claims Court Judges.--Section 8440c of title 5, United States
Code, is amended--
(1) in subsection (b)(4)(B) by striking out ``Section
8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';
(2) in subsection (b)(5) by striking out ``retirement under
section 178 of title 28, is'' and inserting in lieu thereof
``any of the actions described in paragraph (4) (A) or (B)
shall be considered'';
(3) in subsection (b) by striking out paragraph (8) and
redesignating paragraph (9) as paragraph (8); and
(4) in paragraph (8) (as redesignated under paragraph (3)
of this subsection) by striking out ``Notwithstanding paragraph
(4)(A)'' and inserting in lieu thereof ``Notwithstanding
paragraph (4)''.
(h) Judges of the United States Court of Veterans Appeals.--Section
8440d(b)(5) of title 5, United States Code, is amended by striking out
``A transfer shall be made as provided under section 8433(d) of this
title'' and inserting in lieu thereof ``Section 8433(b) of this title
applies''.
(i) Technical and Conforming Amendments.--Chapters 83 and 84 of
title 5, United States Code, are amended--
(1) in section 8351(b)(5)(B) (as redesignated under
subsection (a)(3) of this section) by striking out ``section
8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
(2) in section 8351(b)(5)(D) (as redesignated under
subsection (a)(3) of this section) by striking out ``section
8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
(3) in section 8433(b)(4) by striking out ``subsection
(e)'' and inserting in lieu thereof ``subsection (c)'';
(4) in section 8433(d)(1) (as redesignated under subsection
(b)(2) of this section) by striking out ``(d) of section 8435''
and inserting in lieu thereof ``(c) of section 8435'';
(5) in section 8433(d)(2) (as redesignated under subsection
(b)(2) of this section) by striking out ``section 8435(d)'' and
inserting in lieu thereof ``section 8435(c)'';
(6) in section 8433(e) (as redesignated under subsection
(b)(2) of this section) by striking out ``section 8435(d)(2)''
and inserting in lieu thereof ``section 8435(c)(2)'';
(7) in section 8433(g)(5) (as redesignated under subsection
(b)(2) of this section) by striking out ``section 8435(f)'' and
inserting in lieu thereof ``section 8435(e)'';
(8) in section 8434(b) by striking out ``section 8435(c)''
and inserting in lieu thereof ``section 8435(b)'';
(9) in section 8435(a)(1)(B) by striking out ``subsection
(c)'' and inserting in lieu thereof ``subsection (b)'';
(10) in section 8435(d)(1)(B) (as redesignated under
subsection (d)(3) of this section) by striking out ``subsection
(d)(2)'' and inserting in lieu thereof ``subsection (c)(2)'';
(11) in section 8435(d)(3)(A) (as redesignated under
subsection (d)(3) of this section) by striking out ``subsection
(c)(1)'' and inserting in lieu thereof ``subsection (b)(1)'';
(12) in section 8435(d)(6) (as redesignated under
subsection (d)(3) of this section) by striking out ``or
(c)(2)'' and inserting in lieu thereof ``or (b)(2)'';
(13) in section 8435(e)(1)(A) (as redesignated under
subsection (d)(3) of this section) by striking out ``section
8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
(14) in section 8435(e)(2) (as redesignated under
subsection (d)(3) of this section) by striking out ``section
8433(i) of this title shall not be approved if approval would
have the result described in subsection (d)(1)'' and inserting
in lieu thereof ``section 8433(g) of this title shall not be
approved if approval would have the result described under
subsection (c)(1)'';
(15) in section 8435(g) (as redesignated under subsection
(d)(3) of this section) by striking out ``section 8433(i)'' and
inserting in lieu thereof ``section 8433(g)'';
(16) in section 8437(c)(5) by striking out ``section
8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
and
(17) in section 8440a(b)(6) by striking out ``section
8351(b)(7)'' and inserting in lieu thereof ``section
8351(b)(5)''.
(j) Interim Provision.--Section 8433(d) of title 5, United States
Code, is amended by striking out ``shall transfer the amount of the
balance'' and inserting in lieu thereof ``may transfer the amount of
the balance''.
(k) Effective Dates.--(1) Except as provided in paragraph (2), the
provisions of this section shall take effect 1 year after the date of
enactment of this Act or upon such other date as the Executive Director
of the Federal Retirement Thrift Investment Board shall provide in
regulation.
(2) The provisions of subsection (j) of this section shall take
effect upon the date of the enactment of this Act.
Passed the Senate November 24 (legislative day, November
23), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Men and Families Health Care Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Risks to the health and well-being of the Nation's men
(and our families) are on the rise due to a lack of education,
awareness, and pursuit of preventative screening and care--
(A) men are leading in 9 out of the top 10 causes
of death;
(B) 1 in 2 men versus 1 in 3 women in their
lifetime will be diagnosed with cancer;
(C) the life expectancy gap between men and women
has increased from one year in 1920 to 5.2 years in
2005; and
(D) studies show that women are 100 percent more
likely than men to visit a doctor, have regular
physician check-ups, and obtain preventive screening
tests for serious diseases.
(2) While this health crisis is of particular concern to
men, it is also a concern for women regarding their fathers,
husbands, sons, and brothers.
(3) According to the Census Bureau, by the time men and
women reach age 65, the ratio of men to women reduces to 85 to
100. The growing disparity in this statistic suggests that
among other factors, the declining health of men increases the
risk of women entering retirement age as widows.
(4) According to the Administration on Aging, more than
half of elderly widows now living in poverty were not poor
before the death of their husbands.
(5) Men's health is a concern to Federal and State
governments which absorb the enormous costs of premature death
and disability, including the costs of caring for dependents
left behind.
(6) Educating men, their families, and health care
providers about the importance of early detection of male
health issues (i.e. cardiovascular, mental, prostate health,
cancer (lung, prostate, skin, colorectal, testicular, and
more), HIV/AIDS, osteoporosis, and other pertinent health
issues) can result in reducing rates of mortality for male-
specific diseases, as well as improve the health of the
Nation's men and its overall economic well-being.
(7) Of concern is the physical, mental, and emotional well-
being of our military men (and women) returning from war zones
and our veterans. We must pay attention to their needs and the
needs of their families.
(8) Recent scientific studies have shown that regular
medical exams, preventive screenings, regular exercise, and
healthy eating habits can help save lives.
(9) Appropriate use of tests such as prostate-specific
antigen (PSA) exams and blood pressure, blood sugar, lipid
panel, and colorectal screenings in conjunction with clinical
exams or self-testing, can result in the early detection of
many problems and in increased survival rates.
(10) Men's health is a concern for employers who pay the
costs of medical care and lose productive employees.
(11) Prostate cancer is the most frequently diagnosed
cancer in the United States among men, accounting for 25
percent of all cancer cases--
(A) over 185,000 men will be newly diagnosed with
prostate cancer this year alone, and almost 29,000 will
die;
(B) costs associated with prostate cancer detection
and treatments exceed $8 billion annually and represent
8 percent of cancer and 0.4 percent of all health-
related expenditures in the United States;
(C) prostate cancer rates increase sharply with
age, and more than \2/3\ of such cases are diagnosed in
men age 65 and older;
(D) \2/3\ of annual prostate cancer expenditures in
the United States are paid for by Medicare; and
(E) the incidence of prostate cancer and the
resulting mortality rate in African-American men is
twice that of all other men.
(12) It is estimated that in 2008, approximately 115,000
men were diagnosed with lung cancer, and almost 91,000 of the
Nation's men died from lung cancer.
(13) It is estimated that in 2008, approximately 54,000 men
were diagnosed with colorectal cancer, and over 24,000 of the
Nation's men died from colorectal cancer.
(14) Men make up over half of the diabetes patients aged 20
and over in the United States (10.9 million men total) and
nearly \1/3\ of them do not know it--
(A) whereas approximately 21,000,000 Americans are
living with diabetes, men are 30 percent more likely to
die from the disease;
(B) 54 million American people have pre-diabetes
and 1.5 million new cases of diabetes were diagnosed in
2005; and
(C) people with diagnosed diabetes have medical
expenditures that are 2 to 3 times higher than patients
without diabetes and the estimated cost of diabetes in
2007 was $174,000,000, including $116,000,000 in excess
medical expenditures and $58,000,000 in reduced
national productivity.
(15) Over 8,000 men, ages 15 to 40, will be diagnosed this
year with testicular cancer, and 380 of these men will die of
this disease in 2008. A common reason for delay in treatment of
this disease is a delay in seeking medical attention after
discovering a testicular mass.
(16) Men over the past decade have shown poorer health
outcomes than women across all racial and ethnic groups as well
as socioeconomic status.
(17) Establishing an Office of Men's Health is needed to
investigate these findings and take further actions to promote
awareness of men's health needs.
SEC. 3. ESTABLISHMENT OF OFFICE OF MEN'S HEALTH.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following:
``SEC. 1711. OFFICE OF MEN'S HEALTH.
``(a) In General.--The Secretary shall establish within the
Department of Health and Human Services an office to be known as the
Office of Men's Health. The Secretary shall appoint a director as head
of the office.
``(b) Activities.--The Secretary, acting through the Director of
the Office of Men's Health, shall--
``(1) conduct, support, coordinate, and promote programs
and activities to improve the state of men's health in the
United States, including by working with the Department of
Veterans Affairs, the Department of Defense, and the Federal
Employee Health Benefits Plan; and
``(2) provide for consultation among offices and agencies
of the Department of Health and Human Services for the purposes
of--
``(A) coordinating public awareness, education, and
screening programs and activities relating to men's
health;
``(B) coordinating programs and activities under
title XVIII of the Social Security Act relating to
men's health, including prostate cancer, diabetes,
colorectal cancer, cholesterol, and mental health
screening programs;
``(C) coordinating public awareness programs and
activities, including prostate cancer, diabetes,
colorectal cancer, cholesterol, and mental health
screening programs, for men identified at being at
increased risk of these diseases;
``(D) coordinating prostate-specific antigen (PSA),
diabetes, cholesterol, and colorectal cancer screening
programs and activities relating to men's prostate
health, cardiovascular health, and mental health in
order to conduct a comparative effectiveness review;
and
``(E) establishing a clinical registries database
to assess and measure quality improvement of programs
and activities relating to men's health.
``(c) Report.--Not later than 2 years after the date of the
enactment of this section, the Secretary, acting through the Director
of the Office of Men's Health, shall submit to the Congress a report
describing the activities of such Office, including findings by the
Director regarding men's health.''. | Men and Families Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health. Requires the Secretary, acting through the Director of the Office, to: (1) conduct, support, coordinate, and promote programs and activities to improve the state of men's health in the United States; and (2) provide for consultation among HHS agencies and offices to coordinate men's health programs and activities and establish a clinical registries database to assess and measure quality improvement of programs and activities relating to men's health. | [
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SECTION 1. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS.
(a) In General.--The Secretary shall develop and implement a
process to expedite access to Federal lands under the administrative
jurisdiction of the Secretary for eligible organizations and eligible
individuals to request access to Federal lands to conduct good
Samaritan search-and-recovery missions. The process developed and
implemented pursuant to this subsection shall include provisions that
clarify that--
(1) an eligible organization or eligible individual granted
access under this section shall be acting for private purposes
and shall not be considered a Federal volunteer;
(2) an eligible organization or eligible individual
conducting a good Samaritan search-and-recovery mission under
this section shall not be considered a volunteer under section
3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i);
(3) the Federal Torts Claim Act shall not apply to an
eligible organization or eligible individual carrying out a
privately requested good Samaritan search-and-recovery mission
under this section; and
(4) the Federal Employee Compensation Act shall not apply
to an eligible organization or eligible individual conducting
good Samaritan search-and-recovery mission under this section
and such activities shall not constitute civilian employment.
(b) Release of the Federal Government From Liability.--The
Secretary shall not require an eligible organization or an eligible
individual to have liability insurance as a condition of accessing
Federal lands under this section if the eligible organization or
eligible individual--
(1) acknowledges and consents, in writing, to the
provisions listed in paragraphs (1) through (4) of subsection
(a); and
(2) signs a waiver releasing the Federal Government from
all liability related to the access granted under this section.
(c) Approval and Denial of Requests.--
(1) In general.--The Secretary shall notify an eligible
organization and eligible individual of the approval or denial
of a request by that eligible organization and eligible
individual to carry out a good Samaritan search-and-recovery
mission under this section not more than 48 hours after the
request is made.
(2) Denials.--If the Secretary denies a request from an
eligible organization or eligible individual to carry out a
good Samaritan search-and-recovery mission under this section,
the Secretary shall notify the eligible organization or
eligible individual of--
(A) the reason for the denial request; and
(B) any actions that eligible organization or
eligible individual can take to meet the requirements
for the request to be approved.
(d) Partnerships.--The Secretary shall develop search-and-recovery
focused partnerships with search-and-recovery organizations to--
(1) coordinate good Samaritan search-and-recovery missions
on Federal lands under the administrative jurisdiction of the
Secretary; and
(2) expedite and accelerate good Samaritan search-and-
recovery mission efforts for missing individuals on Federal
lands under the administrative jurisdiction of the Secretary.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a joint report to
Congress describing--
(1) plans to develop partnerships described in subsection
(c)(1); and
(2) efforts being taken to expedite and accelerate good
Samaritan search-and-recovery mission efforts for missing
individuals on Federal lands under the administrative
jurisdiction of the Secretary pursuant to subsection (b)(2).
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Eligible organization and eligible individual.--The
terms ``eligible organization'' and ``eligible individual''
means an organization or individual, respectively, that--
(A) is acting in a not-for-profit capacity; and
(B) is certificated in training that meets or
exceeds standards established by the American Society
for Testing and Materials.
(2) Good samaritan search-and-recovery mission.--The term
``good Samaritan search-and-recovery mission'' means a search
for one or more missing individuals believed to be deceased at
the time that the search is initiated.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as
appropriate. | Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands. | [
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] |
SECTION 1. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN
REAL PROPERTY MADE FOR CONSERVATION PURPOSES AND
QUALIFIED CONSERVATION CONTRIBUTIONS.
(a) Contributions of Capital Gain Real Property Made for
Conservation Purposes and of Qualified Conservation Contributions Not
Subject to Special Limitation on Contributions of Capital Gain
Property.--Subparagraph (C) of section 170(b)(1) of the Internal
Revenue Code of 1986 (relating to special limitation with respect to
contributions described in subparagraph (A) of capital gain property)
is amended by redesignating clause (iv) as clause (v) and by inserting
after clause (iii) the following new clause:
``(iv) In the case of charitable
contributions described in subparagraph (A) of
capital gain property, clauses (i) and (ii)
shall not apply to--
``(I) any qualified conservation
contribution (as defined in section
170(h)), or
``(II) any other contribution of
capital gain property which is real
property if the contribution is of the
donor's entire interest in such
property and is to a qualified
organization (as defined in section
170(h)(3)) which is organized for
conservation purposes (as defined in
section 170(h)(4)(A)) and which
provides the taxpayer, at the time of
such donation, a letter of intent which
contains an acknowledgment of the
donee's intent that the property is
being acquired for any such
conservation purpose.''.
(b) Unlimited Carryover for Contributions of Capital Gain Real
Property for Conservation Purposes and of Qualified Conservation
Contributions of Capital Gain Property.--Paragraph (1) of section
170(d) of such Code in amended by adding at the end the following new
subparagraph:
``(C) Unlimited carryover for contributions of
capital gain real property for conservation purposes
and of qualified conservation contributions of capital
gain property.--The 5 taxable year limitation in
subparagraph (A) shall not apply to any charitable
contribution to which clauses (i) and (ii) of
subsection (b)(1)(C) do not apply by reason of clause
(iv) thereof. For purposes of this paragraph, the
excess described in the material preceding clause (i)
of subparagraph (A) shall be treated as attributable to
contributions described in the preceding sentence of
this subparagraph to the extent of such
contributions.''.
(c) Effective Date.--The amendment made by this section shall apply
to contributions made in taxable years beginning after the date of the
enactment of this Act.
SEC. 2. MODIFICATION OF RULES RELATING TO ESTATE TAX EXCLUSION FOR LAND
SUBJECT TO QUALIFIED CONSERVATION EASEMENT.
(a) Repeal of Certain Restrictions on Where Land Is Located.--
Clause (i) of section 2031(c)(8)(A) of the Internal Revenue Code of
1986 is amended to read as follows:
``(i) which is located in the United States
or any possession of the United States,''.
(b) Repeal of Limitation on Exclusion.--
(1) In general.--Paragraph (1) of section 2031(c) of such
Code is amended by striking ``the lesser of--'' and all that
follows and inserting ``the applicable percentage of the value
of land subject to a qualified conservation easement, reduced
by the amount of any deduction under section 2055(f) with
respect to such land.''
(2) Conforming amendments.--
(A) Subsection (c) of section 2031 of such Code is
amended by striking paragraph (3) and by redesignating
paragraphs (4) through (10) as paragraphs (3) through
(9), respectively.
(B) Paragraphs (2) and (6) of section 2031(c) of
such Code, as redesignated by subparagraph (A), are
each amended by striking ``paragraph (5)'' and
inserting ``paragraph (4)''.
(C) Paragraphs (1), (6), and (7)(A)(iii) of section
2031(c) of such Code, as redesignated by subparagraph
(A), are each amended by striking ``paragraph (6)'' and
inserting ``paragraph (5)''.
(c) Date for Determining Value of Land and Easement.--Paragraph (2)
of section 2032(c) of such Code (defining applicable percentage) is
amended by adding at the end the following new sentence: ``The values
taken into account under the preceding sentence shall be such values as
of the date of the contribution referred to in paragraph (7)(B).''
(d) Certain Commercial Recreational Uses Permitted.--Subparagraph
(B) of section 2031(c)(7) of such Code, as redesignated by subsection
(b), is amended to read as follows:
``(B) Qualified conservation easement.--
``(i) In general.--The term `qualified
conservation easement' means a qualified
conservation contribution (as defined in
section 170(h)(1)) of a qualified real property
interest (as defined in section 170(h)(2)(C)),
except that clause (iv) of section 170(h)(4)(A)
shall not apply, and the restriction on the use
of such interest described in section
170(h)(2)(C) shall include a prohibition on
more than a de minimis use for a commercial
recreational activity.
``(ii) Special rules.--For purposes of this
paragraph--
``(I) Retained rights.--Rights
retained in the conservation easement
to lease the land for hunting and
fishing, so long as such leases are not
inconsistent with the conservation
purpose of the easement, shall be
deemed to be de minimis use.
``(II) Pre-effective date
easements.--Easements otherwise
qualifying under the provisions of this
subsection that were donated on or
before the date of the enactment of
this subclause, shall be deemed to
allow no more than de minimis use for a
commercial recreational activity unless
by their terms they expressly provide
for commercial recreational activity in
excess of that otherwise allowed by
this subparagraph.
``(III) Authority to extinguish
right of commercial recreation
activity.--For purposes of this
section, if the executor of an estate
and every person in being who has an
interest in the land execute an
agreement to amend or extinguish any
right under the easement of commercial
recreation activity in the land so as
to ensure that such land is used for no
more than de minimis commercial
recreational activity, such agreement
shall be treated as in effect as of the
date of the election described in
paragraph (5).''
(e) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act. | Amends the Internal Revenue Code to exclude contributions of any qualified conservation contribution or capital gain real property made for conservation purposes from the application of the special limitation on contributions of capital gain property and from the application of the five-year carryover limitation. Repeals specified property location restrictions on the estate tax exclusion for property subject to a qualified conservation easement. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Access to Emergency
Defibrillation Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Over 220,000 Americans die each year from cardiac
arrest. Every 2 minutes, an individual goes into cardiac arrest
in the United States.
(2) The chance of successfully returning to a normal heart
rhythm diminishes by 10 percent each minute following sudden
cardiac arrest.
(3) Eighty percent of cardiac arrests are caused by
ventricular fibrillation, for which defibrillation is the only
effective treatment.
(4) Sixty percent of all cardiac arrests occur outside the
hospital. The average national survival rate for out-of-
hospital cardiac arrest is only 5 percent.
(5) Communities that have established and implemented
public access defibrillation programs have achieved average
survival rates for out-of-hospital cardiac arrest as high as 50
percent.
(6) According to the American Heart Association, wide use
of defibrillators could save as many as 50,000 lives nationally
each year.
(7) Successful public access defibrillation programs ensure
that cardiac arrest victims have access to early 911
notification, early cardiopulmonary resuscitation, early
defibrillation, and early advanced care.
SEC. 3. PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND PROJECTS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by Public Law 106-310, is amended by adding after
section 311 the following:
``SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS.
``(a) In General.--The Secretary shall award grants to States,
political subdivisions of States, Indian tribes, and tribal
organizations to develop and implement public access defibrillation
programs--
``(1) by training and equipping local emergency medical
services personnel, including firefighters, police officers,
paramedics, emergency medical technicians, and other first
responders, to administer immediate care, including
cardiopulmonary resuscitation and automated external
defibrillation, to cardiac arrest victims;
``(2) by purchasing automated external defibrillators,
placing the defibrillators in public places where cardiac
arrests are likely to occur, and training personnel in such
places to administer cardiopulmonary resuscitation and
automated external defibrillation to cardiac arrest victims;
``(3) by setting procedures for proper maintenance and
testing of such devices, according to the guidelines of the
manufacturers of the devices;
``(4) by providing training to members of the public in
cardiopulmonary resuscitation and automated external
defibrillation;
``(5) by integrating the emergency medical services system
with the public access defibrillation programs so that
emergency medical services personnel, including dispatchers,
are informed about the location of automated external
defibrillators in their community; and
``(6) by encouraging private companies, including small
businesses, to purchase automated external defibrillators and
provide training for their employees to administer
cardiopulmonary resuscitation and external automated
defibrillation to cardiac arrest victims in their community.
``(b) Preference.--In awarding grants under subsection (a), the
Secretary shall give a preference to a State, political subdivision of
a State, Indian tribe, or tribal organization that--
``(1) has a particularly low local survival rate for
cardiac arrests, or a particularly low local response rate for
cardiac arrest victims; or
``(2) demonstrates in its application the greatest
commitment to establishing and maintaining a public access
defibrillation program.
``(c) Use of Funds.--A State, political subdivision of a State,
Indian tribe, or tribal organization that receives a grant under
subsection (a) may use funds received through such grant to--
``(1) purchase automated external defibrillators that have
been approved, or cleared for marketing, by the Food and Drug
Administration;
``(2) provide automated external defibrillation and basic
life support training in automated external defibrillator usage
through nationally recognized courses;
``(3) provide information to community members about the
public access defibrillation program to be funded with the
grant;
``(4) provide information to the local emergency medical
services system regarding the placement of automated external
defibrillators in public places;
``(5) produce such materials as may be necessary to
encourage private companies, including small businesses, to
purchase automated external defibrillators; and
``(6) carry out other activities that the Secretary
determines are necessary or useful to pursue the purposes of
this section.
``(d) Application.--
``(1) In general.--To be eligible to receive a grant under
subsection (a), a State, political subdivision of a State,
Indian tribe, or tribal organization shall prepare and submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
``(2) Contents.--An application submitted under paragraph
(1) shall--
``(A) describe the comprehensive public access
defibrillation program to be funded with the grant and
demonstrate how such program would make automated
external defibrillation accessible and available to
cardiac arrest victims in the community;
``(B) contain procedures for implementing
appropriate nationally recognized training courses in
performing cardiopulmonary resuscitation and the use of
automated external defibrillators;
``(C) contain procedures for ensuring direct
involvement of a licensed medical professional and
coordination with the local emergency medical services
system in the oversight of training and notification of
incidents of the use of the automated external
defibrillators;
``(D) contain procedures for proper maintenance and
testing of the automated external defibrillators,
according to the labeling of the manufacturer;
``(E) contain procedures for ensuring notification
of local emergency medical services system personnel,
including dispatchers, of the location and type of
devices used in the public access defibrillation
program; and
``(F) provide for the collection of data regarding
the effectiveness of the public access defibrillation
program to be funded with the grant in affecting the
out-of-hospital cardiac arrest survival rate.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2002 through 2007. Not more than 10 percent of amounts received
under a grant awarded under this section may be used for administrative
expenses.
``SEC. 313. PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS.
``(a) In General.--The Secretary shall award grants to political
subdivisions of States, Indian tribes, and tribal organizations to
develop and implement innovative, comprehensive, community-based public
access defibrillation demonstration projects that--
``(1) provide cardiopulmonary resuscitation and automated
external defibrillation to cardiac arrest victims in unique
settings;
``(2) provide training to community members in
cardiopulmonary resuscitation and automated external
defibrillation; and
``(3) maximize community access to automated external
defibrillators.
``(b) Use of Funds.--A recipient of a grant under subsection (a)
shall use the funds provided through the grant to--
``(1) purchase automated external defibrillators that have
been approved, or cleared for marketing, by the Food and Drug
Administration;
``(2) provide basic life training in automated external
defibrillator usage through nationally recognized courses;
``(3) provide information to community members about the
public access defibrillation demonstration project to be funded
with the grant;
``(4) provide information to the local emergency medical
services system regarding the placement of automated external
defibrillators in the unique settings; and
``(5) carry out other activities that the Secretary
determines are necessary or useful to pursue the purposes of
this section.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant under
subsection (a), a political subdivision of a State, Indian
tribe, or tribal organization shall prepare and submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(2) Contents.--An application submitted under paragraph
(1) may--
``(A) describe the innovative, comprehensive,
community-based public access defibrillation
demonstration project to be funded with the grant;
``(B) explain how such public access defibrillation
demonstration project represents innovation in
providing public access to automated external
defibrillation; and
``(C) provide for the collection of data regarding
the effectiveness of the demonstration project to be
funded with the grant in--
``(i) providing emergency cardiopulmonary
resuscitation and automated external
defibrillation to cardiac arrest victims in the
setting served by the demonstration project;
and
``(ii) affecting the cardiac arrest
survival rate in the setting served by the
demonstration project.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2002 through 2007. Not more than 10 percent of amounts received
under a grant awarded under this section may be used for administrative
expenses.''.
``SEC. 313A. GRANTS FOR ACCESS TO DEFIBRILLATION.
``(a) Program Authorized.--The Secretary of Health and Human
Services shall award a grant to a health care organization to establish
a national information clearinghouse that provides information to
increase public access to defibrillation in schools.
``(b) Duties.--The health care organization that receives a grant
under this section shall promote public access to defibrillation in
schools by--
``(1) providing timely information to entities regarding
public access defibrillation program implementation and
development;
``(2) developing and providing comprehensive program
materials to establish a public access defibrillation program
in schools;
``(3) providing support to CPR and AED training programs;
``(4) fostering new and existing community partnerships
with and among public and private organizations (such as local
educational agencies, nonprofit organizations, public health
organizations, emergency medical service providers, fire and
police departments, and parent-teacher associations) to promote
public access to defibrillation in schools;
``(5) establishing a data base to gather information in a
central location regarding sudden cardiac arrest in the
pediatric population and identifying or conducting further
research into the problem; and
``(6) providing assistance to communities that wish to
develop screening programs for at risk youth.
``(c) Application.--A health care organization desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
``(d) Report.--Not later than 5 years after the date on which the
health care organization receives a grant under this section, such
organization shall submit to the Secretary of Health and Human Services
a report that describes activities carried out with funds received
under this section. Not later than 3 months after the date on which
such report is received by the Secretary of Health and Human Services,
the Secretary shall prepare and submit to the appropriate committees of
Congress an evaluation that reviews such report and evaluates the
success of such clearinghouse.
``(e) Authorization of Appropriations.--From funds authorized to be
appropriated for fiscal years 2002 through 2006 for activities and
programs under the Department of Health and Human Services, $800,000 of
such funds may be appropriated to carry out the programs described in
this section for each of the fiscal years 2002 through 2006.''. | Community Access to Emergency Defibrillation Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs by: (1) training and equipping local emergency medical services personnel to administer immediate care, including cardiopulmonary resuscitation (CPR) and automated external defibrillation (AED), to cardiac arrest victims; (2) purchasing AEDs, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer CPR and AED to such victims; (3) setting procedures for proper maintenance and testing of such devices; (4) providing training to members of the public in CPR and AED; (5) integrating the emergency medical services system with the public access defibrillation programs; and (6) encouraging private companies to purchase AEDs and provide training for their employees to administer CPR and AED to cardiac arrest victims in their community.Directs the Secretary to award grants to States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that: (1) provide CPR and AED to cardiac arrest victims in unique settings; (2) provide training to community members in CPR and AED; and (3) maximize community access to AEDs.Directs the Secretary to award a grant to a health care organization to establish a national information clearinghouse that provides information to increase public access to defibrillation in schools. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Veteran Home Loan
Act ''.
SEC. 2. PERMANENT AUTHORITY TO MAKE DIRECT HOUSING LOANS TO NATIVE
AMERICAN VETERANS.
(a) Permanent Authority.--Section 3761 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``establish and implement a pilot
program under which the Secretary may'' in the first
sentence; and
(B) by striking ``shall establish and implement the
pilot program'' in the third sentence and inserting
``shall make such loans'';
(2) in subsection (b), by striking ``In carrying out the
pilot program under this subchapter, the'' and inserting
``The''; and
(3) by striking subsection (c).
(b) Conforming Amendments.--Section 3762 of such title is amended--
(1) in subsection (b)(1)(E), by striking ``the pilot
program established under this subchapter is implemented'' and
inserting ``loans under this subchapter are made'';
(2) in subsection (c)(1)(B), by striking ``carry out the
pilot program under this subchapter in a manner that
demonstrates the advisability of making direct housing loans''
in the second sentence and inserting ``make direct housing
loans under this subchapter'';
(3) in subsection (i)--
(A) by striking ``the pilot program provided for
under this subchapter and'' in paragraph (1);
(B) by striking ``under the pilot program and in
assisting such organizations and veterans in
participating in the pilot program.'' in paragraph
(2)(A) and inserting ``under this subchapter and in
assisting such organizations and veterans with respect
to such housing benefits.''; and
(C) by striking ``in participating in the pilot
program.'' in paragraph (2)(E) and inserting ``with
respect to such benefits.'';
(4) in subsection (j)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``through 2006''; and
(ii) by striking ``the implementation of
the pilot program'' and inserting ``activities
conducted''; and
(B) by striking ``pilot program'' each place it
appears in paragraphs (3), (4), and (5) and inserting
``housing benefits under this subchapter''.
(c) Establishment of Maximum Amount of Loans.--(1) Subsection
(c)(1)(B) of section 3762 of such title is amended--
(A) by striking ``(B) The'' and inserting ``(B)(i)
The'';
(B) by striking ``The amount'' in the second
sentence and inserting ``Subject to clause (ii), the
amount''; and
(C) by adding at the end the following new clause:
``(ii) The amount of any increase under clause (i) may not exceed
an amount determined by subtracting--
``(I) the amount referred to in subparagraph (A), from
``(II) the amount of the Freddie Mac conforming loan limit
limitation determined under section 305(a)(2) of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a
single-family residence, as adjusted for the year involved.''.
(2) Subsection (j)(1) of such section is amended by inserting
``referred to in subsection (c)(1)(A)'' before the period at the end.
(d) Technical Amendment.--Subsection (c)(1)(A) of section 3762 of
such title is amended by inserting ``veteran'' after ``Native
American''.
(e) Clerical Amendments.--(1) The heading for subchapter V of
chapter 37 of such title is amended to read as follows:
``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS''.
(2) The heading for section 3761 of such title is amended to read
as follows:
``Sec. 3761. Permanent authority to make direct housing loans to Native
American veterans''.
(3) The table of sections at the beginning of chapter 37 of such
title is amended by striking the items relating to subchapter V and
section 3761 and inserting the following new items:
``subchapter v--direct housing loans for native american veterans
``3761. Permanent authority to make direct housing loans to Native
American veterans.''.
SEC. 3. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS FOR NATIVE AMERICAN
VETERANS TO A VETERAN WHO IS THE SPOUSE OF A NATIVE
AMERICAN.
(a) Extension.--Subchapter V of chapter 37 of title 38, United
States Code, is amended--
(1) by redesignating section 3764 as section 3765; and
(2) by inserting after section 3763 the following new
section:
``Sec. 3764. Qualified non-Native American veterans
``(a) Subject to the succeeding provisions of this section, for
purposes of this subchapter, a qualified non-Native American veteran is
deemed to be a Native American veteran, except that any reference in
this subchapter to the jurisdiction of a tribal organization over a
Native American veteran is deemed to be a reference to the Native
American spouse of the qualified non-Native American veteran.
``(b) In making direct loans under this subchapter to a qualified
non-Native American veteran, the Secretary shall ensure that the tribal
organization permits, and the qualified non-Native American veteran
actually holds, possesses, or purchases, using the proceeds of the
loan, jointly with the Native American spouse of the qualified non-
Native American veteran, a meaningful interest in the lot, dwelling, or
both, that is located on trust land.
``(c) Nothing in subsection (b) shall be construed as precluding a
tribal organization from imposing reasonable restrictions on the right
of the qualified non-Native American veteran to convey, assign, or
otherwise dispose of such interest in the lot, dwelling, or both if
such restrictions are designed to ensure the continuation in trust
status of the lot, dwelling, or both. Such requirements may include the
termination of the interest of the qualified non-Native American
veteran in the lot, dwelling, or both upon the dissolution of the
marriage of the qualified non-Native American veteran to the Native
American spouse.''.
(b) Conforming Amendments.--Section 3765 of such title, as
redesignated by subsection (a), is amended by adding at the end the
following new paragraph:
``(5) The term `qualified non-Native American veteran'
means a veteran who--
``(A) is the spouse of a Native American, but
``(B) is not a Native American.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 37 of such title is amended by striking the item relating to
section 3764 and inserting after the item relating to section 3763 the
following new items:
``3764. Qualified non-Native American veterans.
``3765. Definitions.''. | Native American Veteran Home Loan Act - Amends Federal veterans law to: (1) convert into a permanent program the pilot program (set to expire after December 31, 2008) under which the Secretary of Veterans Affairs may make direct housing loans to Native American veterans; (2) limit the amount of any increase in the principal amount of any direct housing loan made to a Native American; and (3) extend the eligibility for such direct loans to a non-Native American veteran who is the spouse of a Native American. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Moving to Work Reform Act of 2015''.
SEC. 2. TERMS OF MOVING TO WORK AGREEMENTS.
The Secretary of Housing and Urban Development may not enter into
or extend any Moving to Work agreement for any public housing agency
for participation in the demonstration established under section 204 of
the Departments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1996 (Public Law 104-134;
110 Stat. 1321), unless such agreement is subject to the following
terms and conditions for the entire duration of such agreement:
(1) Evaluation of major policy changes.--A public housing
agency may not newly establish any rent policy that raises rent
burdens for a significant portion of participating families,
any time limitation on the term of housing assistance, or any
policy that conditions receipt of housing assistance from
program funds on employment status, unless--
(A) the policy change will be subject to a detailed
evaluation using a rigorous research methodology which
includes, at least in part, random assignment to
treatment and control groups to compare the impact on
assisted families (including families that cease to
receive assistance during the term of the evaluation)
to similar families not subject to such policy change;
and
(B) the Secretary determines that adequate Federal
or other resources are available to undertake the
required evaluation.
(2) Use of tenant-based rental assistance funds.--A public
housing agency may use funds appropriated for renewal of
tenant-based rental assistance only for payments to or on
behalf of eligible families that assist such families with
housing costs, except that up to 10 percent of such funds may
be used for other eligible purposes, subject to such
requirements as the Secretary shall establish.
(3) Determination of tenant-based rental assistance
funding.--A public housing agency shall receive funding for
renewal of tenant-based rental assistance determined using the
same formula applied to public housing agencies that do not
participate in the demonstration, except that up to 10 percent
of such funds may be renewed by adjusting the prior year's
funding by an inflation factor determined by the Secretary.
(4) Prohibition of reduction in number of families
assisted.--A public housing agency shall provide ongoing
housing assistance resulting in average cost burdens no higher
than those of families assisted under sections 8 and 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437f, 1437g) to
substantially the same number of eligible low-income families
as the agency could assist if it expended the full amount of
funding it receives under such sections 8 and 9 pursuant to the
requirements of such sections.
(5) Housing choice.--If the Secretary determines that a
disproportionately low share of families assisted by a public
housing agency using funds appropriated pursuant to sections 8
and 9 of the United States Housing Act of 1937 lives in
neighborhoods with low crime, high-performing schools, or other
indicators of high opportunity, the public housing agency shall
develop and implement a plan to expand families' access to such
neighborhoods.
(6) Determination of public housing operating funding.--A
public housing agency shall receive funding for operation and
management of public housing determined using the same formula
applied to public housing agencies that do not participate in
the demonstration, except that, for an agency that currently
receives such funding under an alternative formula established
by its Moving to Work agreement, the Secretary shall phase in
the requirements of this paragraph in a manner sufficient so as
to avoid reducing funding by more than 10 percent per year.
(7) Retained provisions.--The Secretary shall not waive any
of the following provisions of the United States Housing Act of
1937:
(A) Subsections (a)(2)(A) and (b)(1) of section 16
(42 U.S.C. 1437n; relating to targeting for new
admissions).
(B) Section 2(b) (42 U.S.C. 1437(b); relating to
tenant representatives on the public housing agency
board of directors).
(C) Section 3(b)(2) (42 U.S.C. 1437a(b)(2);
relating to definitions for the terms ``low-income
families'', ``very low-income families'', and
``extremely low-income families'').
(D) Section 5A(e) (42 U.S.C. 1437c-1(e); relating
to the formation of and consultation with a resident
advisory board).
(E) Sections 6(f)(1) and 8(o)(8)(B) (42 U.S.C.
1437d(f)(1), 1437f(o)(8)(B); relating to compliance of
units assisted with housing quality standards or other
codes).
(F) Section 6(k) (42 U.S.C. 1437d(k); relating to
grievance procedures for public housing tenants).
(G) Section 7 (42 U.S.C. 1437e; relating to
designation of housing for elderly and disabled
households).
(H) Sections 8(ee) and 6(u) (42 U.S.C. 1437f(ee),
1437d(n); relating to records, certification and
confidentiality regarding domestic violence).
(I) Paragraphs (3) and (4)(i) of section 6(c) and
sections 982.552 and 982.553 of the Secretary's
regulations (42 U.S.C. 1437d(c) and 24 C.F.R. 982.552,
982.553; relating to rights of applicants).
(J) Section 6(l) (42 U.S.C. 1437d(l); relating to
public housing lease requirements), except that for
units assisted both with program funds and low-income
housing tax credits, the initial lease term may be less
than 12 months if required to conform lease terms with
such tax credit requirements.
(K) Subparagraphs (C) through (F) of section
8(o)(7) and section 8(o)(20) (42 U.S.C. 1437f(o);
relating to lease requirements and eviction protections
for families assisted with tenant-based assistance).
(L) Section 8(o)(13)(B) (42 U.S.C. 1437f(o)(13)(B);
relating to the 20-percent portfolio cap on the use of
voucher funds for project-based vouchers), except as
follows:
(i) A public housing agency that, pursuant
to a Moving to Work agreement in effect on the
date of the enactment of this Act, is using or
has committed voucher funds as of such date of
enactment for project-based vouchers in excess
of the 20-percent cap may continue to use such
funds in excess of such cap, but not in excess
of the percentage in use or committed as of
such date of enactment pursuant to such
agreement, or as specified in clause (ii),
whichever is higher.
(ii) A public housing agency may use
voucher funds for project-based vouchers in
excess of the 20-percent cap, but not to exceed
35 percent, if such use meets one of the
following criteria:
(I) The project-based vouchers
serve homeless or other special needs
families, as defined by the Secretary.
(II) The project-based vouchers are
used in a low-poverty area, as defined
by the Secretary.
(III) The project-based vouchers
are used in connection with a
demonstration of a project-based
program that is subject to evaluation
by the Secretary.
(M) Section 8(o)(13)(E) (42 U.S.C. 1437f(o)(13)(E);
relating to the ability of families with project-based
vouchers to move, using tenant-based vouchers, after 12
months of occupancy), unless the Secretary determines
that waiver of such section is necessary to implement
transitional or time-limited housing policies subject
to evaluation described in paragraph (1) of this
section.
(N) Section 8(r)(1) (42 U.S.C. 1437f(r)(1);
relating to the portability of vouchers).
(O) The following requirements applicable to
resident councils and jurisdiction-wide resident
organizations:
(i) Establishment of resident councils and
resident organizations under section 20 (42
U.S.C. 1437r).
(ii) Minimum amount of public housing
agency support for such councils and
organizations under section 20.
(iii) Involvement of such councils and
organizations in public housing agency
operations, as authorized under sections
3(c)(2), 6(c)(5)(C), and 9(e) (42 U.S.C.
1437a(c)(2), 1437d(c)(5)(C), 1437g(e)).
SEC. 3. ASSESSMENT OF DEMONSTRATION.
The Secretary of Housing and Urban Development shall conduct a
comprehensive evaluation of the Moving to Work demonstration and, upon
completion of the evaluation, submit to the Congress a report--
(1) describing and analyzing the risks and potential
benefits of expanding the Moving to Work demonstration program
to additional agencies compared to those of maintaining the
demonstration program at its current size; and
(2) identifying reforms, and selection criteria in case the
demonstration program is expanded, that would improve the
program's effectiveness in testing innovative policies while
minimizing adverse effects on low-income families and ensuring
efficient use of Federal funds to meet the most pressing
housing needs. | Moving to Work Reform Act of 2015 This bill prohibits the Department of Housing and Urban Development (HUD) from entering into or extending any Moving to Work agreement for any public housing agency (PHA) for participation in the Moving to Work Demonstration Program, unless the agreement is subject to specified terms and conditions set forth by this Act for its entire duration. (Under the Moving to Work Demonstration Program up to 30 selected PHAs, including Indian housing authorities, may administer the public or Indian housing program and the Section 8 housing assistance payments program in ways designed to reduce costs and achieve greater cost-effectiveness in federal expenditures, provide incentives for heads of households to become economically self-sufficient, and increase housing choices for lower-income families.) Under such an agreement a PHA: may not establish any new rent policy that raises rent burdens for a significant portion of participating families, or causes specified other results, unless certain conditions are met; may use funds appropriated for renewal of tenant-based rental assistance only for payments assisting eligible families with housing costs; shall receive funding for renewal of tenant-based rental assistance under the same formula applied to nonparticipating PHAs; must provide ongoing housing assistance to substantially the same number of eligible low-income families as it could assist ordinarily but with average cost burdens no higher than those of families assisted under Sections 8 (low-income housing assistance) and 9 (Public Housing Capital and Operating Funds) of the United States Housing Act of 1937; and develop and implement a plan to expand families' access to neighborhoods with low crime, high-performing schools, or other indicators of high opportunity, if a disproportionately low share of PHA-assisted families lives in such neighborhoods. HUD may not waive specified housing-related requirements. HUD must conduct a comprehensive evaluation of the Demonstration Program to: analyze the risks and potential benefits of expanding it to additional agencies; and identify reforms, and selection criteria in case the Demonstration Program is expanded, that would improve its effectiveness in testing innovative policies while minimizing adverse effects on low-income families and ensuring efficient use of federal funds to meet the most pressing housing needs. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridge Ice and Snow Prevention Pilot
Program Act of 2009''.
SEC. 2. PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall establish
and implement a pilot program to evaluate the effectiveness and
efficiency of the use of technologies to prevent ice, snow, and other
adverse weather effects associated with freezing temperatures on
bridges on the National Highway System.
(b) Grant.--
(1) In general.--The Secretary may make grants to not more
than 5 States to conduct projects under the pilot program.
(2) Applications.--A State seeking a grant under the pilot
program shall submit an application to the Secretary in such
form, and containing such information, as the Secretary may
require.
(c) Eligibility.--
(1) Selection of highway bridges.--
(A) In general.--In awarding grants under the pilot
program, the Secretary shall select not more than 20
highway bridges for participation in the program.
(B) Bridge requirements.--The Secretary may select
a highway bridge under subparagraph (A) only if the
bridge is--
(i) not greater than 500 feet in length;
and
(ii) on the National Highway System.
(2) Selection of technologies.--The Secretary shall select
technologies to be tested under the pilot program that are
likely to improve bridge safety, extend the life of a bridge,
and promote energy efficiency.
(d) Federal Share.--The Federal share payable on account of a
project carried out under the pilot program shall not exceed 80 percent
of the cost of the project.
(e) Duration of Pilot Program.--The Secretary shall carry out the
pilot program for a period of no more than 5 fiscal years.
(f) Final Report.--
(1) In general.--Not later than 6 months after the last day
of the pilot program, 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 report that describes the effectiveness
and benefits of the technologies tested under the pilot
program.
(2) Contents.--The report shall describe, at a minimum, the
following:
(A) The cost effectiveness of each technology used.
(B) The safety impacts of each technology tested
and of the pilot program as a whole.
(C) Any change in the expected life span of each
bridge participating in the pilot program due to the
technologies used.
(D) The net effect of the pilot program on job
creation or job loss.
(E) Recommendations for--
(i) an improved or expanded program, if
appropriate; and
(ii) the use of advanced bridge technology
to prevent ice, snow, and other adverse weather
effects associated with freezing temperatures
on bridges on the National Highway System.
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) $5,000,000 for fiscal year 2011.
(h) Availability of Amounts.--
(1) In general.--Amounts made available to carry out this
section shall be available for obligation in the same manner as
funds apportioned under chapter 1 of title 23, United States
Code, except that the Federal share payable on account of a
project carried out under the pilot program shall be determined
in accordance with this section and such funds shall not be
transferable and shall remain available for the duration of the
pilot program.
(2) Limitation.--A State may not receive a total of more
than $2,000,000 in grants under the pilot program.
(3) Prohibition of earmarks.--None of the funds
appropriated to carry out this section may be used for a
congressional earmark, as defined in clause 9(e) of Rule XXI of
the Rules of the House of Representatives of the 111th
Congress.
(i) Report to Congress Relating to Competitive Procedures.--If
grants are awarded under this section using procedures other than
competitive procedures, the Secretary shall submit to Congress a report
explaining why competitive procedures were not used.
SEC. 3. DEFINITION.
In this Act, the term ``State'' has the meaning given that term in
section 101(a) of title 23, United States Code. | Bridge Ice and Snow Prevention Pilot Program Act of 2009 - Directs the Secretary of Transportation to establish a pilot program authorizing grants to up to five states to conduct projects to evaluate the effectiveness of technologies to prevent ice, snow, and other adverse weather effects associated with freezing temperatures on National Highway System bridges. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospital GME Support
Reauthorization Act of 2006''.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) In General.--Section 340E of the Public Health Service Act (42
U.S.C. 256e) is amended--
(1) in subsection (a), by inserting ``and each of fiscal years
2007 through 2011'' after ``for each of fiscal years 2000 through
2005'';
(2) in subsection (e)(1), by striking ``26'' and inserting
``12'';
(3) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) for each of fiscal years 2007 through 2011,
$110,000,000.''; and
(4) in subsection (f)(2)--
(A) in the matter before subparagraph (A), by striking
``subsection (b)(1)(A)'' and inserting ``subsection
(b)(1)(B)'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) for each of fiscal years 2007 through 2011,
$220,000,000.''.
(b) Reduction in Payments for Failure To File Annual Report.--
Subsection (b) of section 340E of the Public Health Service Act (42
U.S.C. 256e) is amended--
(1) in paragraph (1), in the matter before subparagraph (A), by
striking ``paragraph (2)'' and inserting ``paragraphs (2) and
(3)''; and
(2) by adding at the end the following:
``(3) Annual reporting required.--
``(A) Reduction in payment for failure to report.--
``(i) In general.--The amount payable under this
section to a children's hospital for a fiscal year
(beginning with fiscal year 2008 and after taking into
account paragraph (2)) shall be reduced by 25 percent if
the Secretary determines that--
``(I) the hospital has failed to provide the
Secretary, as an addendum to the hospital's application
under this section for such fiscal year, the report
required under subparagraph (B) for the previous fiscal
year; or
``(II) such report fails to provide the information
required under any clause of such subparagraph.
``(ii) Notice and opportunity to provide missing
information.--Before imposing a reduction under clause (i)
on the basis of a hospital's failure to provide information
described in clause (i)(II), the Secretary shall provide
notice to the hospital of such failure and the Secretary's
intention to impose such reduction and shall provide the
hospital with the opportunity to provide the required
information within a period of 30 days beginning on the
date of such notice. If the hospital provides such
information within such period, no reduction shall be made
under clause (i) on the basis of the previous failure to
provide such information.
``(B) Annual report.--The report required under this
subparagraph for a children's hospital for a fiscal year is a
report that includes (in a form and manner specified by the
Secretary) the following information for the residency academic
year completed immediately prior to such fiscal year:
``(i) The types of resident training programs that the
hospital provided for residents described in subparagraph
(C), such as general pediatrics, internal medicine/
pediatrics, and pediatric subspecialties, including both
medical subspecialties certified by the American Board of
Pediatrics (such as pediatric gastroenterology) and non-
medical subspecialties approved by other medical
certification boards (such as pediatric surgery).
``(ii) The number of training positions for residents
described in subparagraph (C), the number of such positions
recruited to fill, and the number of such positions filled.
``(iii) The types of training that the hospital
provided for residents described in subparagraph (C)
related to the health care needs of different populations,
such as children who are underserved for reasons of family
income or geographic location, including rural and urban
areas.
``(iv) The changes in residency training for residents
described in subparagraph (C) which the hospital has made
during such residency academic year (except that the first
report submitted by the hospital under this subparagraph
shall be for such changes since the first year in which the
hospital received payment under this section), including--
``(I) changes in curricula, training experiences,
and types of training programs, and benefits that have
resulted from such changes; and
``(II) changes for purposes of training the
residents in the measurement and improvement of the
quality and safety of patient care.
``(v) The numbers of residents described in
subparagraph (C) who completed their residency training at
the end of such residency academic year and care for
children within the borders of the service area of the
hospital or within the borders of the State in which the
hospital is located. Such numbers shall be disaggregated
with respect to residents who completed residencies in
general pediatrics or internal medicine/pediatrics,
subspecialty residencies, and dental residencies.
``(C) Residents.--The residents described in this
subparagraph are those who--
``(i) are in full-time equivalent resident training
positions in any training program sponsored by the
hospital; or
``(ii) are in a training program sponsored by an entity
other than the hospital, but who spend more than 75 percent
of their training time at the hospital.
``(D) Report to congress.--Not later than the end of fiscal
year 2011, the Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall submit
a report to the Congress--
``(i) summarizing the information submitted in reports
to the Secretary under subparagraph (B);
``(ii) describing the results of the program carried
out under this section; and
``(iii) making recommendations for improvements to the
program.''.
(c) Technical Amendments.--Section 340E of the Public Health
Service Act (42 U.S.C. 256e) is further amended--
(1) in subsection (c)(2)(E)(ii), by striking ``described in
subparagraph (C)(ii)'' and inserting ``applied under section
1886(d)(3)(E) of the Social Security Act for discharges occurring
during the preceding fiscal year'';
(2) in subsection (e)(2), by striking the first sentence; and
(3) in subsection (e)(3), by striking ``made to pay'' and
inserting ``made and pay''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Children's Hospital GME Support Reauthorization Act of 2006 - Amends the Public Health Service Act to: (1) require the Secretary of Health and Human Services to make payments for FY2007-FY2011 (currently, through FY2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs; and (2) decrease from 26 to 12 the number of interim payments to hospitals per fiscal year.
Requires a 25% reduction in the amount payable for residency training programs for children's hospitals that do not provide an annual report to the Secretary for the previous fiscal year or that do not provide an annual report that includes all of the required information. Requires an annual report to include: (1) the types of residency training programs that the hospital provided for residents; (2) the number of training positions for residents; (3) the changes the hospital made in residency training for residents during the academic year; and (4) the number of residents who completed their residency training at the end of the academic year and care for children within the borders of the service area of the hospital or within the state. Requires the Secretary to provide notice and an opportunity for a hospital to provide additional information before imposing the reduction.
Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to report to Congress on the residency training programs. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Fence Act of 2006''.
SEC. 2. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Homeland Security shall take
all actions the Secretary determines necessary and appropriate to
achieve and maintain operational control over the entire international
land and maritime borders of the United States, to include the
following--
(1) systematic surveillance of the international land and
maritime borders of the United States through more effective use of
personnel and technology, such as unmanned aerial vehicles, ground-
based sensors, satellites, radar coverage, and cameras; and
(2) physical infrastructure enhancements to prevent unlawful
entry by aliens into the United States and facilitate access to the
international land and maritime borders by United States Customs
and Border Protection, such as additional checkpoints, all weather
access roads, and vehicle barriers.
(b) Operational Control Defined.--In this section, the term
``operational control'' means the prevention of all unlawful entries
into the United States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband.
(c) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report on the progress made toward achieving and
maintaining operational control over the entire international land and
maritime borders of the United States in accordance with this section.
SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER
AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.
Section 102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is
amended--
(1) in the subsection heading by striking ``Near San Diego,
California''; and
(2) by amending paragraph (1) to read as follows:
``(1) Security features.--
``(A) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security shall provide for least 2
layers of reinforced fencing, the installation of additional
physical barriers, roads, lighting, cameras, and sensors--
``(i) extending from 10 miles west of the Tecate,
California, port of entry to 10 miles east of the Tecate,
California, port of entry;
``(ii) extending from 10 miles west of the Calexico,
California, port of entry to 5 miles east of the Douglas,
Arizona, port of entry;
``(iii) extending from 5 miles west of the Columbus,
New Mexico, port of entry to 10 miles east of El Paso,
Texas;
``(iv) extending from 5 miles northwest of the Del Rio,
Texas, port of entry to 5 miles southeast of the Eagle
Pass, Texas, port of entry; and
``(v) extending 15 miles northwest of the Laredo,
Texas, port of entry to the Brownsville, Texas, port of
entry.
``(B) Priority areas.--With respect to the border
described--
``(i) in subparagraph (A)(ii), the Secretary shall
ensure that an interlocking surveillance camera system is
installed along such area by May 30, 2007, and that fence
construction is completed by May 30, 2008; and
``(ii) in subparagraph (A)(v), the Secretary shall
ensure that fence construction from 15 miles northwest of
the Laredo, Texas, port of entry to 15 southeast of the
Laredo, Texas, port of entry is completed by December 31,
2008.
``(C) Exception.--If the topography of a specific area has
an elevation grade that exceeds 10 percent, the Secretary may
use other means to secure such area, including the use of
surveillance and barrier tools.''.
SEC. 4. NORTHERN BORDER STUDY.
(a) In General.--The Secretary of Homeland Security shall conduct a
study on the feasibility of a state of-the-art infrastructure security
system along the northern international land and maritime border of the
United States and shall include in the study--
(1) the necessity of implementing such a system;
(2) the feasibility of implementing such a system; and
(3) the economic impact implementing such a system will have
along the northern border.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report that contains the results of the study conducted under
subsection (a).
SEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY TO STOP
CERTAIN FLEEING VEHICLES.
(a) Evaluation.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall--
(1) evaluate the authority of personnel of United States
Customs and Border Protection to stop vehicles that enter the
United States illegally and refuse to stop when ordered to do so by
such personnel, compare such Customs authority with the authority
of the Coast Guard to stop vessels under section 637 of title 14,
United States Code, and make an assessment as to whether such
Customs authority should be expanded;
(2) review the equipment and technology available to United
States Customs and Border Protection personnel to stop vehicles
described in paragraph (1) and make an assessment as to whether or
not better equipment or technology is available or should be
developed; and
(3) evaluate the training provided to United States Customs and
Border Protection personnel to stop vehicles described in paragraph
(1).
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report that contains the results of the evaluation conducted under
subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Secure Fence Act of 2006 - Directs the Secretary of Homeland Security, within 18 months of enactment of this Act, to take appropriate actions to achieve operational control over U.S. international land and maritime borders, including: (1) systematic border surveillance through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful border entry and facilitate border access by U.S. Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers.
Defines "operational control" as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.
Directs the Secretary to report annually to Congress on border control progress.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to provide at least two layers of reinforced fencing, installation of additional physical barriers, roads, lighting, cameras, and sensors extending: (1) from ten miles west of the Tecate, California, port of entry to ten miles east of the Tecate, California, port of entry; (2) from ten miles west of the Calexico, California, port of entry to five miles east of the Douglas, Arizona, port of entry (requiring installation of an interlocking surveillance camera system by May 30, 2007, and fence completion by May 30, 2008); (3) from five miles west of the Columbus, New Mexico, port of entry to ten miles east of El Paso, Texas; (4) from five miles northwest of the Del Rio, Texas, port of entry to five miles southeast of the Eagle Pass, Texas, port of entry; and (5) 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry (requiring fence completion from 15 miles northwest of the Laredo, Texas, port of entry to 15 southeast of the Laredo, Texas, port of entry by December 31, 2008).
States that if an area has an elevation grade exceeding 10% the Secretary may use other means to secure such area, including surveillance and barrier tools.
Directs the Secretary to: (1) study and report to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs on the necessity, feasibility, and economic impact of constructing a state-of-the-art infrastructure security system along the U.S. northern international land and maritime border; and (2) evaluate and report to such Committees on U.S. Customs and Border Protection authority (and possible expansion of authority) to stop fleeing vehicles that enter the United States illegally, including related training, technology, and equipment reviews. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Zoning Decisions Protection
Act of 2017''.
SEC. 2. NULLIFICATION OF RULES AND NOTICES.
(a) Final Rule.--The final rule of the Department of Housing and
Urban Development entitled ``Affirmatively Furthering Fair Housing'',
published in the Federal Register on July 16, 2015 (80 Fed. Reg. 42272;
Docket No. FR-5173-F-04), and any successor rule that is substantially
similar to such final rule shall have no force or effect.
(b) Notice.--The notice of the Department of Housing and Urban
Development relating to the Affirmatively Furthering Fair Housing
Assessment Tool, published in the Federal Register on December 31, 2015
(80 Fed. Reg. 81840; Docket No. FR-5173-N-07), and any successor notice
or rule substantially similar to such notice shall have no force or
effect.
SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS.
Notwithstanding any other provision of law, no Federal funds may be
used to design, build, maintain, utilize, or provide access to a
Federal database of geospatial information on community racial
disparities or disparities in access to affordable housing.
SEC. 4. FEDERALISM CONSULTATION AND REPORT.
(a) In General.--The Secretary of Housing and Urban Development
shall jointly consult with State officials, local government officials,
and officials of public housing agencies to develop recommendations,
consistent with applicable rulings of the Supreme Court of the United
States, to further the purposes and policies of the Fair Housing Act.
(b) Consultation Requirements.--In developing the recommendations
required under subsection (a), the Secretary shall--
(1) provide State officials, local government officials,
and officials of public housing agencies with notice and an
opportunity to participate in the consultation process required
under subsection (a);
(2) seek to consult with State officials, local government
officials, and officials of public housing agencies that
represent a broad cross-section of regional, economic, and
geographic perspectives in the United States;
(3) emphasize the importance of collaboration with and
among the State officials, local government officials, and
officials of public housing agencies;
(4) allow for meaningful and timely input by State
officials, local government officials, and officials of public
housing agencies;
(5) promote transparency in the consultation process
required under subsection (a); and
(6) explore with State officials, local government
officials, and officials of public housing agencies whether
Federal objectives under the Fair Housing Act can be attained
by means other than through new regulations.
(c) Reports.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register a draft report describing the recommendations
developed pursuant to subsection (a).
(2) Consensus requirement.--The Secretary may include a
recommendation in the draft report only if consensus has been
reached with regard to the recommendation among the Secretary,
the State officials, local government officials, and officials
of public housing agencies consulted pursuant to subsection
(a).
(3) Failure to reach consensus.--If the Secretary, State
officials, local government officials, and officials of public
housing agencies consulted under subsection (a) fail to reach
consensus on a regulatory proposal, the draft report shall
identify that consensus was not reached and shall describe--
(A) the areas and issues with regard to which
consensus was reached;
(B) the areas and issues of continuing disagreement
that resulted in the failure to reach consensus; and
(C) the reasons for the continuing disagreements.
(4) Public review and comment period.--The Secretary shall
make the draft report available for public review and comment
for a period of not fewer than 180 days.
(5) Final report.--The Secretary shall, in consultation
with the State officials, local government officials, and
officials of public housing agencies, address any comments
received pursuant to paragraph (4) and shall prepare a final
report describing the final results of the consultation process
under subsection (a).
(d) Submission of Final Report.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall make publicly
available online the final report prepared pursuant to subsection
(c)(5).
(e) Definitions.--In this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(2) Local government official.--The term ``local government
official'' means an elected or professional official of a local
government or an official of a regional or national
organization representing local governments or officials.
(3) State official.--The term ``State official'' means an
elected or professional official of a State government or an
official of a regional or national organization representing
State governments or officials.
(4) Public housing agency.--The term ``public housing
agency'' has the meaning given such term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)). | Local Zoning Decisions Protection Act of 2017 This bill nullifies: the final Department of Housing and Urban Development (HUD) rule entitled "Affirmatively Furthering Fair Housing" and any successor rule substantially similar to it, and the notice relating to the Affirmatively Furthering Fair Housing Assessment Tool and any successor notice or rule substantially similar to it. No federal funds may be used to design, build, maintain, utilize, or provide access to a federal database of geospatial information on community racial disparities or disparities in access to affordable housing. HUD is required to: (1) consult with state, local government, and public housing agency officials to develop recommendations, consistent with applicable rulings of the U.S. Supreme Court, to further the Fair Housing Act's purposes and policies; and (2) make a final report publicly available online within 12 months after enactment of this bill. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Medical Device Innovation
Act''.
SEC. 2. RECOGNITION OF STANDARDS.
(a) In General.--Section 514(c) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360d(c)) is amended--
(1) in paragraph (1), by inserting after subparagraph (B)
the following new subparagraphs:
``(C)(i) Any person may submit a request for
recognition under subparagraph (A) of all or part of an
appropriate standard established by a nationally or
internationally recognized standard organization.
``(ii) Not later than 60 calendar days after the
Secretary receives such a request, the Secretary
shall--
``(I) make a determination to recognize
all, part, or none of the standard that is the
subject of the request; and
``(II) issue to the person who submitted
such request a response in writing that states
the Secretary's rationale for that
determination, including the scientific,
technical, regulatory, or other basis for such
determination.
``(iii) The Secretary shall take such actions as
may be necessary to implement all or part of a standard
recognized under subclause (I) of clause (ii), in
accordance with subparagraph (A).
``(D) The Secretary shall make publicly available,
in such manner as the Secretary determines appropriate,
the rationale for recognition of all, part, or none of
a standard, including the scientific, technical,
regulatory, or other basis for the decision regarding
such recognition.''; and
(2) by adding at the end the following:
``(4) Training on use of standards.--The Secretary shall
provide to all employees of the Food and Drug Administration
who review premarket submissions for devices periodic training
on the concept and use of recognized standards for purposes of
meeting a premarket submission requirement or other applicable
requirement under this Act, including standards relevant to an
employee's area of device review.''.
(b) Guidance.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall review and update, if
necessary, previously published guidance and standard operating
procedures identifying the principles for recognizing standards, and
for withdrawing the recognition of standards, under section 514(c) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)), taking
into account the experience with and reliance on a standard by foreign
regulatory authorities and the device industry, and whether recognition
of a standard will promote harmonization among regulatory authorities
in the regulation of devices.
SEC. 3. CERTAIN CLASS I AND CLASS II DEVICES.
(a) Class I Devices.--Section 510(l) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(l)) is amended--
(1) by striking ``A report under subsection (k)'' and
inserting ``(1) A report under subsection (k)''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than 120 calendar days after the date of
enactment of the Improving Medical Device Innovation Act and at
least once every 5 years thereafter, as the Secretary
determines appropriate, the Secretary shall identify, through
publication in the Federal Register, any type of class I device
that the Secretary determines no longer requires a report under
subsection (k) to provide reasonable assurance of safety and
effectiveness. Upon such publication--
``(A) each type of class I device so identified
shall be exempt from the requirement for a report under
subsection (k); and
``(B) the classification regulation applicable to
each such type of device shall be deemed amended to
incorporate such exemption.''.
(b) Class II Devices.--Section 510(m) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(m)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) The Secretary shall--
``(A) not later than 90 days after the date of
enactment of the Improving Medical Device Innovation
Act and at least once every 5 years thereafter, as the
Secretary determines appropriate--
``(i) publish in the Federal Register a
notice that contains a list of each type of
class II device that the Secretary determines
no longer requires a report under subsection
(k) to provide reasonable assurance of safety
and effectiveness; and
``(ii) provide for a period of not less
than 60 calendar days for public comment
beginning on the date of the publication of
such notice; and
``(B) not later than 210 calendar days after the
date of enactment of the Improving Medical Device
Innovation Act, publish in the Federal Register a list
representing the Secretary's final determination with
respect to the devices contained in the list published
under subparagraph (A).''; and
(2) in paragraph (2)--
(A) by striking ``1 day after the date of
publication of a list under this subsection,'' and
inserting ``1 calendar day after the date of
publication of the final list under paragraph
(1)(B),''; and
(B) by striking ``30-day period'' and inserting
``60-calendar-day period''; and
(C) by adding at the end the following new
paragraph:
``(3) Upon the publication of the final list under
paragraph (1)(B)--
``(A) each type of class II device so listed shall
be exempt from the requirement for a report under
subsection (k); and
``(B) the classification regulation applicable to
each such type of device shall be deemed amended to
incorporate such exemption.''.
SEC. 4. CLASSIFICATION PANELS.
(a) Classification Panels.--Paragraph (5) of section 513(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)) is amended--
(1) by striking ``(5)'' and inserting ``(5)(A)''; and
(2) by adding at the end the following:
``(B) When a device is specifically the subject of
review by a classification panel, the Secretary shall--
``(i) ensure that adequate expertise is
represented on the classification panel to
assess--
``(I) the disease or condition
which the device is intended to cure,
treat, mitigate, prevent, or diagnose;
and
``(II) the technology of the
device; and
``(ii) provide an opportunity for the
person whose device is specifically the subject
of panel review to provide recommendations on
the expertise needed among the voting members
of the panel.
``(C) For purposes of subparagraph (B)(i), the term
`adequate expertise' means that the membership of the
classification panel includes--
``(i) two or more voting members, with a
specialty or other expertise clinically
relevant to the device under review; and
``(ii) at least one voting member who is
knowledgeable about the technology of the
device.
``(D) The Secretary shall provide an annual
opportunity for patients, representatives of patients,
and sponsors of medical device submissions to provide
recommendations for individuals with appropriate
expertise to fill voting member positions on
classification panels.''.
(b) Panel Review Process.--Section 513(b)(6) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360c(b)(6)) is amended--
(1) in subparagraph (A)(iii), by inserting before the
period at the end ``, including by designating a representative
who will be provided a time during the panel meeting to address
the panel individually (or accompanied by experts selected by
such representative) for the purpose of correcting
misstatements of fact or providing clarifying information,
subject to the discretion of the panel chairperson''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B)(i) Any meeting of a classification panel with
respect to the review of a device shall--
``(I) provide adequate time for initial
presentations by the person whose device is
specifically the subject of such review and by
the Secretary; and
``(II) provide adequate time for and
encourage free and open participation by all
interested persons.
``(ii) Following the initial presentations
described in clause (i), the panel may--
``(I) pose questions to the designated
representative described in subparagraph
(A)(iii); and
``(II) consider the responses to such
questions in the panel's review of the
device.''.
SEC. 5. POSTMARKET PILOT TO IMPROVE MEDICAL DEVICE REPORTING.
(a) Pilot Projects.--
(1) In general.--In order to improve the value and
efficiency of reporting so as to advance the objectives of
section 519(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360i(a)), within one year of the date of enactment of
this Act, the Secretary of Health and Human Services shall
establish one or more pilot projects, in coordination with
device manufacturers, to explore and evaluate the use of
alternative methods of compliance with such subsection for
manufacturers of devices described in section 513(a)(1)(C) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360c(a)(1)(C)).
(2) Voluntary participation.--Participation in such pilot
projects shall be voluntary for device manufacturers. The
Secretary may establish the conditions for such voluntary
participation and may establish a process for authorizing
participation.
(3) Purposes.--The pilot projects established under
paragraph (1) shall be designed to--
(A) test methods of reporting for one or more
device types, with priority given to devices for which
device manufacturers submit a relatively high volume of
reports under the regulations implementing section
519(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360i(a));
(B) evaluate forms of data monitoring and reporting
that improve the usability of report data by focusing
on events and information that are most relevant to
reasonably assuring the safety and effectiveness of the
device;
(C) identify methods of reporting that will be
least burdensome for device manufacturers; and
(D) evaluate methods that are alternative to, and
do not duplicate, compliance with requirements of part
803 of title 21, Code of Federal Regulations (or
successor regulations).
(4) Notification to congress.--The Secretary of Health and
Human Services shall notify the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives not later than 18
months after the date of enactment of this Act of the number of
manufacturers that have agreed to participate in a pilot
project under this subsection with the Secretary of Health and
Human Services.
(5) Rule of construction.--Nothing in this subsection shall
limit the authority of the Secretary of Health and Human
Services to provide for alternative methods of medical device
reporting under part 803 of title 21, Code of Federal
Regulations (or successor regulations), including such methods
described in this subsection.
(6) Compliance with requirements for records or reports on
devices.--
(A) In general.--A device manufacturer that
participates in a pilot project under this subsection
shall be required to comply with all applicable
provisions of section 519 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360i), and implementing
regulations, except as described in subparagraph (B).
(B) Conditional exemption.--The Secretary may
determine that, for a specified time period to be
determined by the Secretary, a manufacturer
participating in a pilot project under this subsection
is exempt from certain provisions of section 519(a) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(a)), and implementing regulations, if such
manufacturer complies with the conditions set forth in
a pilot project under this subsection.
(b) GAO Review.--
(1) Review of pilot projects.--The Comptroller General of
the United States shall conduct a review of the pilot projects
established under subsection (a), and of the reporting system
under part 803 of title 21, Code of Federal Regulations (or
successor regulations).
(2) Report.--Not later than January 31, 2021, the
Comptroller General of the United States shall submit to
Congress a report containing the results of the review
described in paragraph (1). Such report shall analyze the
value, efficiency, and effectiveness of reporting methods under
subsections (a) and (b) of section 519 of Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360i) and identify any
recommendations for statutory amendments that would enhance the
objectives of section 519(a) of such Act. | Improving Medical Device Innovation Act This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to medical device performance standards, reporting requirements, and classification panels. A person may request that the Food and Drug Administration (FDA) recognize a performance standard established by a recognized standards organization as a standard to which a medical device may conform in order to meet an FDA requirement. When a request to recognize a standard is received, the FDA must determine whether to recognize all, part, or none of the standard and publish the rationale for that determination. (Currently, the FDA recognizes certain performance standards, but it is not required to respond to requests or publish rationales.) The FDA must: train employees who review premarket submissions for medical devices on recognized standards; review its published principles for recognizing standards; identify types of medical devices for which a premarket report is no longer needed to provide reasonable assurance of safety and effectiveness; ensure that adequate expertise is represented on medical device classification panels; provide an opportunity for a person whose premarket submission is subject to review by a classification panel to recommend expertise needed on the panel; and provide opportunities for patients, patient representatives, and medical device sponsors to recommend individuals for positions on classification panels. The FDA, in coordination with medical device manufacturers, must establish pilot projects to evaluate alternative methods of compliance with reporting requirements for certain medical devices. The Government Accountability Office must report on these pilot projects. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids First Research Act of 2013''.
SEC. 2. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
ending on or after the date of the enactment of this subsection.''.
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of such Code is amended
by adding at the end the following new section:
``SEC. 9014. TERMINATION.
``The provisions of this chapter shall not apply with respect to
any presidential election (or any presidential nominating convention)
after the date of the enactment of this section, or to any candidate in
such an election.''.
(B) Conversion of fund to 10-year pediatric
research initiative fund.--Section 9006 of such Code is
amended by adding at the end the following new
subsection:
``(d) Conversion to 10-Year Pediatric Research Initiative Fund.--
``(1) Conversion.--Effective on the date of the enactment
of the Kids First Research Act of 2013--
``(A) the special fund established under this
section shall be known and designated as the `10-Year
Pediatric Research Initiative Fund'; and
``(B) all amounts in the fund as of such date shall
be available only for the purpose provided in section
402A(a)(2) of the Public Health Service Act, and only
to the extent and in such amounts as are provided in
advance in appropriation Acts.
``(2) Termination.--Any amounts in the fund that remain
unobligated on October 1, 2024, shall be deposited into the
general fund of the Treasury.''.
(2) Termination of account.--Chapter 96 of such Code is
amended by adding at the end the following new section:
``SEC. 9043. TERMINATION.
``The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after the date of the
enactment of this section.''.
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of such Code is
amended by adding at the end the following new item:
``Sec. 9014. Termination.''.
(2) The table of sections for chapter 96 of such Code is
amended by adding at the end the following new item:
``Sec. 9043. Termination.''.
SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE.
(a) Allocation of NIH Funds in Common Fund for Pediatric
Research.--Paragraph (7) of section 402(b) of the Public Health Service
Act (42 U.S.C. 282(b)) is amended to read as follows:
``(7)(A) shall, through the Division of Program
Coordination, Planning, and Strategic Initiatives--
``(i) identify research that represents important
areas of emerging scientific opportunities, rising
public health challenges, or knowledge gaps that
deserve special emphasis and would benefit from
conducting or supporting additional research that
involves collaboration between 2 or more national
research institutes or national centers, or would
otherwise benefit from strategic coordination and
planning;
``(ii) include information on such research in
reports under section 403; and
``(iii) in the case of such research supported with
funds referred to in subparagraph (B)--
``(I) require as appropriate that proposals
include milestones and goals for the research;
``(II) require that the proposals include
timeframes for funding of the research; and
``(III) ensure appropriate consideration of
proposals for which the principal investigator
is an individual who has not previously served
as the principal investigator of research
conducted or supported by the National
Institutes of Health;
``(B)(i) may, with respect to funds reserved under section
402A(c)(1) for the Common Fund, allocate such funds to the
national research institutes and national centers for
conducting and supporting research that is identified under
subparagraph (A); and
``(ii) shall, with respect to funds appropriated to the
Common Fund under section 402A(a)(2), allocate such funds to
the national research institutes and national centers for
making grants for pediatric research that is identified under
subparagraph (A); and
``(C) may assign additional functions to the Division in
support of responsibilities identified in subparagraph (A), as
determined appropriate by the Director;''.
(b) Funding for 10-Year Pediatric Research Initiative.--Section
402A of the Public Health Service Act (42 U.S.C. 282a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and moving
the indentation of each such subparagraph 2 ems to the
right;
(B) by striking ``For purposes of carrying out this
title'' and inserting the following:
``(1) This title.--For purposes of carrying out this
title''; and
(C) by adding at the end the following:
``(2) Funding for 10-year pediatric research initiative
through common fund.--For carrying out section
402(b)(7)(B)(ii), there is authorized to be appropriated, out
of funds in the 10-Year Pediatric Research Initiative Fund
established by section 9006 of the Internal Revenue Code of
1986, and in addition to amounts otherwise made available under
paragraph (1) of this subsection and reserved under subsection
(c)(1)(B)(i) of this section, $13,000,000 for each of fiscal
years 2014 through 2023.''; and
(2) in subsections (c)(1)(B), (c)(1)(D), and (d), by
striking ``subsection (a)'' each place it appears and inserting
``subsection (a)(1)''.
(c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds
appropriated under section 402A(a)(2) of the Public Health Service Act,
as added by subsection (b)--
(1) shall be used to supplement, not supplant, the funds
otherwise allocated by the National Institutes of Health for
pediatric research; and
(2) notwithstanding any transfer authority in any
appropriation Act, shall not be used for any purpose other than
making grants as described in section 402(b)(7)(B)(ii) of the
Public Health Service Act, as added by subsection (a).
SEC. 4. PROHIBITION AGAINST NIH RESEARCH ON HEALTH ECONOMICS.
Section 402A of the Public Health Service Act (42 U.S.C. 282a) is
amended by adding at the end the following:
``(f) Health Economics Research.--
``(1) Ongoing research.--Before continuing any health
economics research grant, project, or activity that is ongoing
as of the date of the enactment of this subsection, the
Director of NIH shall submit to the Congress a report that
outlines the justification for such ongoing grant, project, or
activity, including the reason for giving priority to such
ongoing grant, project, or activity over research on pediatric
diseases and disorders, such as autism, cancer, and other
pediatric genetic disorders without cures.
``(2) New research.--The Director of NIH may not initiate
any health economics research grant, project, or activity
until--
``(A) the Director has submitted the report
described in paragraph (1); and
``(B) a Federal law has been enacted authorizing
the National Institutes of Health to use funding
specifically for health economics research.''. | Kids First Research Act of 2013 - Amends the Internal Revenue Code to terminate: (1) the taxpayer election to designate $3 of income tax liability for financing of presidential election campaigns, (2) the Presidential Election Campaign Fund, and (3) the Presidential Primary Matching Payment Account. Redesignates the Presidential Election Campaign Fund as the 10-Year Pediatric Research Initiative Fund. Makes amounts in the Fund available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act. Requires deposit into the Treasury general fund of any amounts in the Pediatric Research Initiative Fund that remain unobligated on October 1, 2024. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning. Authorizes $13 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than making grants for pediatric research described in this Act. Requires the Director of NIH, before continuing any health economics research grant, project, or activity, to report to Congress on the justification for such research, including the reason for giving it priority over research on pediatric diseases and disorders. Prohibits the Director from initiating any health economics research grant, project, or activity until the Director has submitted the report outlining the justification and a federal law has been enacted authorizing NIH to use funding specifically for health economics research. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Certainty and
Growth Act of 2013''.
SEC. 2. SENSE OF THE SENATE REGARDING TAX REFORM.
It is the sense of the Senate that Congress should undertake
comprehensive tax reform legislation to--
(1) make our system fairer and simpler; and
(2) promote economic growth.
SEC. 3. PERMANENT DOUBLING OF DEDUCTIONS FOR START-UP EXPENSES,
ORGANIZATIONAL EXPENSES, AND SYNDICATION FEES.
(a) Start-Up Expenses.--
(1) In general.--Clause (ii) of section 195(b)(1)(A) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``$5,000'' and inserting
``$10,000'', and
(B) by striking ``$50,000'' and inserting
``$60,000''.
(2) Conforming amendment.--Subsection (b) of section 195 of
the Internal Revenue Code of 1986 is amended by striking
paragraph (3).
(b) Organizational Expenses.--Subparagraph (B) of section 248 of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``$5,000'' and inserting ``$10,000'', and
(2) by striking ``$50,000'' and inserting ``$60,000''.
(c) Organization and Syndication Fees.--Clause (ii) of section
709(b)(1)(A) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``$5,000'' and inserting ``$10,000'', and
(2) by striking ``$50,000'' and inserting ``$60,000''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years ending on or after
the date of the enactment of this Act.
SEC. 4. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS.
(a) Cash Accounting Permitted.--
(1) In general.--Section 446 of the Internal Revenue Code
of 1986 (relating to general rule for methods of accounting) is
amended by adding at the end the following new subsection:
``(g) Certain Small Business Taxpayers Permitted To Use Cash
Accounting Method Without Limitation.--
``(1) In general.--An eligible taxpayer shall not be
required to use an accrual method of accounting for any taxable
year.
``(2) Eligible taxpayer.--For purposes of this subsection,
a taxpayer is an eligible taxpayer with respect to any taxable
year if--
``(A) for all prior taxable years beginning after
December 31, 2013, the taxpayer (or any predecessor)
met the gross receipts test of section 448(c), and
``(B) the taxpayer is not subject to section 447 or
448.''.
(2) Expansion of gross receipts test.--
(A) In general.--Paragraph (3) of section 448(b) of
such Code (relating to entities with gross receipts of
not more than $5,000,000) is amended by striking
``$5,000,000'' in the text and in the heading and
inserting ``$10,000,000''.
(B) Conforming amendments.--Section 448(c) of such
Code is amended--
(i) by striking ``$5,000,000'' each place
it appears in the text and in the heading of
paragraph (1) and inserting ``$10,000,000'',
and
(ii) by adding at the end the following new
paragraph:
``(4) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2014, the dollar amount
contained in subsection (b)(3) and paragraph (1) of this
subsection 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, by substituting `calendar year
2013' for `calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $100,000, such amount shall be
rounded to the nearest multiple of $100,000.''.
(b) Clarification of Inventory Rules for Small Business.--
(1) In general.--Section 471 of the Internal Revenue Code
of 1986 (relating to general rule for inventories) is amended
by redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:
``(c) Small Business Taxpayers Not Required To Use Inventories.--
``(1) In general.--A qualified taxpayer shall not be
required to use inventories under this section for a taxable
year.
``(2) Treatment of taxpayers not using inventories.--If a
qualified taxpayer does not use inventories with respect to any
property for any taxable year beginning after December 31,
2013, such property shall be treated as a material or supply
which is not incidental.
``(3) Qualified taxpayer.--For purposes of this subsection,
the term `qualified taxpayer' means--
``(A) any eligible taxpayer (as defined in section
446(g)(2)), and
``(B) any taxpayer described in section
448(b)(3).''.
(2) Increased eligibility for simplified dollar-value lifo
method.--Section 474(c) is amended by striking ``$5,000,000''
and inserting ``the dollar amount in effect under section
448(c)(1)''.
(c) Effective Date and Special Rules.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
(2) Change in method of accounting.--In the case of any
taxpayer changing the taxpayer's method of accounting for any
taxable year under the amendments made by this section--
(A) such change shall be treated as initiated by
the taxpayer;
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury; and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account over a period (not greater than 4 taxable
years) beginning with such taxable year.
SEC. 5. PERMANENT EXTENSION OF EXPENSING LIMITATION.
(a) Dollar Limitation.--Section 179(b)(1) of the Internal Revenue
Code of 1986 is amended by striking ``shall not exceed'' and all that
follows and inserting ``shall not exceed $250,000.''.
(b) Reduction in Limitation.--Section 179(b)(2) of such Code is
amended by striking ``exceeds'' and all that follows and inserting
``exceeds $800,000.''.
(c) Inflation Adjustment.--Subsection (b) of section 179 of such
Code is amended by adding at the end the following new paragraph:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2014, the $250,000
in paragraph (1) and the $800,000 amount in paragraph
(2) 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,
by substituting `calendar year 2013' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--
``(i) Dollar limitation.--If the amount in
paragraph (1) as increased under subparagraph
(A) is not a multiple of $1,000, such amount
shall be rounded to the nearest multiple of
$1,000.
``(ii) Phaseout amount.--If the amount in
paragraph (2) as increased under subparagraph
(A) is not a multiple of $10,000, such amount
shall be rounded to the nearest multiple of
$10,000.''.
(d) Computer Software.--Section 179(d)(1)(A)(ii) of such Code is
amended by striking ``and before 2014''.
(e) Election.--Section 179(c)(2) of such Code is amended by
striking ``and before 2014''.
(f) Special Rules for Treatment of Qualified Real Property.--
(1) In general.--Section 179(f)(1) of such Code is amended
by striking ``beginning in 2010, 2011, 2012, or 2013'' and
inserting ``beginning after 2009''.
(2) Conforming amendment.--Section 179(f) of such Code is
amended by striking paragraph (4).
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 6. EXTENSION OF BONUS DEPRECIATION.
(a) In General.--Paragraph (2) of section 168(k) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2015'' in subparagraph (A)(iv)
and inserting ``January 1, 2016'', and
(2) by striking ``January 1, 2014'' each place it appears
and inserting ``January 1, 2015''.
(b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of
section 460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by
striking ``January 1, 2014 (January 1, 2015'' and inserting ``January
1, 2015 (January 1, 2016''.
(c) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 of the
Internal Revenue Code of 1986 is amended by striking ``January
1, 2014'' and inserting ``January 1, 2015''.
(2) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``Pre-january 1, 2014'' and
inserting ``Pre-january 1, 2015''.
(3) Section 168(k)(4)(D) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of
clause (iii) and inserting a comma, and by adding at the end
the following new clauses:
``(iv) `January 1, 2015' shall be
substituted for `January 1, 2016' in
subparagraph (A)(iv) thereof, and
``(v) `January 1, 2014' shall be
substituted for `January 1, 2015' each place it
appears in subparagraph (A) thereof.''.
(4) Section 168(l)(4) of such Code is amended by striking
``and'' at the end of subparagraph (A), by redesignating
subparagraph (B) as subparagraph (C), and by inserting after
subparagraph (A) the following new subparagraph:
``(B) by substituting `January 1, 2014' for
`January 1, 2015' in clause (i) thereof, and''.
(5) Subparagraph (C) of section 168(n)(2) of such Code is
amended by striking ``January 1, 2014'' and inserting ``January
1, 2015''.
(6) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2014'' and inserting ``January
1, 2015''.
(7) Subparagraph (B) of section 1400N(d)(3) of such Code is
amended by striking ``January 1, 2014'' and inserting ``January
1, 2015''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2013, in taxable
years ending after such date.
SEC. 7. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED
LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT BUILDINGS
AND IMPROVEMENTS, AND QUALIFIED RETAIL IMPROVEMENTS.
(a) In General.--Clauses (iv), (v), and (ix) of section
168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by
striking ``January 1, 2014'' and inserting ``January 1, 2015''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2013. | Small Business Tax Certainty and Growth Act of 2013 - Expresses the sense of the Senate that Congress should undertake comprehensive tax reform to make the tax system fairer and simpler and to promote economic growth. Amends the Internal Revenue Code to: (1) make permanent the increased tax deductions for business start-up expenditures, organizational expenditures, and organization and syndication fees; (2) allow the cash accounting method for businesses whose gross receipts do not exceed $10 million (currently, $5 million); (3) exempt businesses whose gross receipts do not exceed $10 million from the requirement to use inventories; (4) make permanent the $250,000 allowance for expensing business assets, including computer software; (5) extend for one year the additional depreciation allowance for business assets; and (6) extend through 2014 the 15-year straight-line depreciation allowance for qualified leasehold, restaurant, and retail improvements. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Putting Main Street FIRST Act'' or
as the ``Putting Main Street FIRST: Finishing Irresponsible Reckless
Speculative Trading Act''.
SEC. 2. TRANSACTION TAX.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Trading Transactions
``Sec. 4475. Tax on trading transactions.
``SEC. 4475. TAX ON TRADING TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered transaction with respect to any security.
``(b) Rate of Tax.--The tax imposed under subsection (a) with
respect to any covered transaction shall be 0.03 percent of the
specified base amount with respect to such covered transaction.
``(c) Specified Base Amount.--For purposes of this section, the
term `specified base amount' means--
``(1) except as provided in paragraph (2), the fair market
value of a security (determined as of the time of the covered
transaction), and
``(2) in the case of any payment with respect to a
derivative, the amount of such payment.
``(d) Covered Transaction.--For purposes of this section--
``(1) In general.--The term `covered transaction' means--
``(A) except as provided in subparagraph (B), any
purchase if--
``(i) such purchase occurs on, or is
subject to the rules of, a qualified board or
exchange located in the United States, or
``(ii) the purchaser or seller is a United
States person, and
``(B) any transaction with respect to a derivative
if--
``(i) such derivative is traded on, or is
subject to the rules of, a qualified board or
exchange located in the United States, or
``(ii) any party with rights under such
derivative is a United States person.
``(2) Exceptions from tax.--
``(A) Exception for initial issues.--No tax shall
be imposed under subsection (a) on any covered
transaction with respect to the initial issuance of any
security described in subparagraph (A), (B), or (C) of
subsection (e)(1).
``(B) Exception for certain traded short-term
indebtedness.--A note, bond, debenture, or other
evidence of indebtedness which--
``(i) is traded on, or is subject to the
rules of, a qualified board or exchange located
in the United States, and
``(ii) has a fixed maturity of not more
than 100 days,
shall not be treated as described in subsection
(e)(1)(C).
``(e) Definitions.--For purposes of this section--
``(1) Security.--The term `security' means--
``(A) any share of stock in a corporation,
``(B) any partnership or beneficial ownership
interest in a partnership or trust,
``(C) any note, bond, debenture, or other evidence
of indebtedness, and
``(D) any derivative.
``(2) Derivative.--
``(A) In general.--The term `derivative' means any
contract (including any option, forward contract,
futures contract, short position, swap, or similar
contract) the value of which, or any payment or other
transfer with respect to which, is (directly or
indirectly) determined by reference to one or more of
the following:
``(i) Any security described in
subparagraph (A), (B), or (C) of paragraph (1).
``(ii) Any commodity which is actively
traded (within the meaning of section
1092(d)(1)).
``(iii) Any currency.
``(iv) Any rate, price, amount, index,
formula, or algorithm.
``(v) Any other item as the Secretary may
prescribe.
Such term shall not include any item described in
clauses (i) through (v).
``(B) Exceptions from treatment as derivatives.--
``(i) Securities lending, sale-repurchase,
and similar financing transactions.--To the
extent provided by the Secretary, the term
`derivative' shall not include the right to the
return of the same or substantially identical
securities transferred in a securities lending
transaction, sale-repurchase transaction, or
similar financing transaction.
``(ii) Insurance contracts, annuities, and
endowments.--The term `derivative' shall not
include any insurance, annuity, or endowment
contract issued by an insurance company to
which subchapter L applies (or issued by any
foreign corporation to which such subchapter
would apply if such foreign corporation were a
domestic corporation).
``(3) Qualified board or exchange.--The term `qualified
board or exchange' has the meaning given such term by section
1256(g)(7).
``(f) By Whom Paid.--
``(1) In general.--The tax imposed by this section shall be
paid by--
``(A) in the case of a transaction which occurs on,
or is subject to the rules of, a qualified board or
exchange located in the United States, such qualified
board or exchange, and
``(B) in the case of a purchase not described in
subparagraph (A) which is executed by a broker (as
defined in section 6045(c)(1)) which is a United States
person, such broker.
``(2) Special rules for direct, etc., transactions.--In the
case of any transaction to which paragraph (1) does not apply,
the tax imposed by this section shall be paid by--
``(A) in the case of a transaction described in
subsection (d)(1)(A)--
``(i) the purchaser if the purchaser is a
United States person, and
``(ii) the seller if the purchaser is not a
United States person, and
``(B) in the case of a transaction described in
subsection (d)(1)(B)--
``(i) the payor if the payor is a United
States person, and
``(ii) the payee if the payor is not a
United States person.
``(g) Treatment of Exchanges and Payments With Respect to
Derivatives.--For purposes of this section--
``(1) Treatment of exchanges.--
``(A) In general.--An exchange shall be treated as
the sale of the property transferred and a purchase of
the property received by each party to the exchange.
``(B) Certain deemed exchanges.--In the case of a
distribution treated as an exchange for stock under
section 302 or 331, the corporation making such
distribution shall be treated as having purchased such
stock for purposes of this section.
``(2) Payments with respect to derivatives treated as
separate transactions.--Except as otherwise provided by the
Secretary, any payment with respect any derivative shall be
treated as a separate transaction for purposes of this section.
``(h) Application to Transactions by Controlled Foreign
Corporations.--
``(1) In general.--For purposes of this section, a
controlled foreign corporation shall be treated as a United
States person.
``(2) Special rules for payment of tax on direct, etc.,
transactions.--In the case of any transaction which is a
covered transaction solely by reason of paragraph (1) and which
is not described in subsection (f)(1)--
``(A) Payment by united states shareholders.--Any
tax which would (but for this paragraph) be payable
under subsection (f)(2) by the controlled foreign
corporation shall, in lieu thereof, be paid by the
United States shareholders of such controlled foreign
corporation as provided in subparagraph (B).
``(B) Pro rata shares.--Each such United States
shareholder shall pay the same proportion of such tax
as--
``(i) the stock which such United States
shareholder owns (within the meaning of section
958(a)) in such controlled foreign corporation,
bears to
``(ii) the stock so owned by all United
States shareholders in such controlled foreign
corporation.
``(C) Definitions.--For purposes of this
subsection, the terms `United States shareholder' and
`controlled foreign corporation' have the meanings
given such terms in sections 951(b) and 957(a),
respectively.
``(i) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.
``(j) Guidance; Regulations.--The Secretary shall--
``(1) provide guidance regarding such information reporting
concerning covered transactions as the Secretary deems
appropriate, and
``(2) prescribe such regulations as are necessary or
appropriate to prevent avoidance of the purposes of this
section, including the use of non-United States persons in such
transactions.''.
(b) Credit With Respect to Certain Tax-Favored Accounts To Offset
Transaction Tax.--Subpart C of part IV of subchapter A of chapter 1 of
such Code is amended by inserting after section 36B the following new
section:
``SEC. 36C. OFFSET FOR TRANSACTION TAX ON CONTRIBUTIONS TO CERTAIN TAX-
FAVORED ACCOUNTS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to
0.03 percent of the qualified tax-favored account contributions of the
taxpayer for the taxable year.
``(b) Qualified Tax-Favored Account Contributions.--For purposes of
this section, the term `qualified tax-favored account contributions'
means, with respect to any taxable year, the sum of--
``(1) with respect to qualified retirement plans (as
defined in section 4974(c)) of the taxpayer, the amount
contributed to such plans for such taxable year to the extent
that such contributions are allowable as a deduction or are
excludable from gross income (or, in the case of a Roth IRA (as
defined in section 408A(b)), the amount contributed),
``(2) with respect to Archer MSAs of the taxpayer, the
amount allowed as a deduction under section 220 for such
taxable year,
``(3) with respect to health savings accounts of the
taxpayer, the amount allowed as a deduction under section 223
for such taxable year, plus
``(4) with respect to qualified tuition programs (as
defined in section 529), qualified ABLE programs (as defined in
section 529A), and Coverdell education savings accounts (as
defined in section 530), with respect to which the taxpayer is
the designated beneficiary (or, in the case of a designated
beneficiary with respect to whom another taxpayer is allowed a
deduction under section 151, such other taxpayer in lieu of
such designated beneficiary), the amount contributed for such
taxable year.''.
(c) Information Reporting With Respect to Controlled Foreign
Corporations.--Section 6038(a)(1)(B) of such Code is amended by
inserting ``and transactions which are covered transactions for
purposes of section 4475 by reason of the application of section
4475(h)(1) to such corporation'' before the semicolon at the end.
(d) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``, 36C'' after ``36B''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting before the item relating to section 37
the following new item:
``Sec. 36C. Offset for transaction tax on contributions to certain tax-
favored accounts.''.
(3) The table of subchapters for chapter 36 of such Code is
amended by inserting after the item relating to subchapter B
the following new item:
``subchapter c. tax on trading transactions''.
(e) Effective Date.--The amendments made by this section shall
apply to transactions after December 31, 2018. | Putting Main Street FIRST Act or the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act This bill amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security if: (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person. A "security" includes: (1) any share of stock in a corporation, (2) any partnership or beneficial ownership interest in a partnership or trust; (3) any note, bond, debenture, or other evidence of indebtedness; and (4) derivatives that meet specified criteria. The tax applies to transactions with respect to a derivative if: (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person. The bill exempts from such tax: (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders. The bill allows an offset against such tax for contributions to certain tax-favored savings accounts. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Software Trade Secrets Protection
Act''.
SEC. 2. SOFTWARE TRADE SECRETS PROTECTION.
(a) In General.--Subchapter A of chapter 78 of the Internal Revenue
Code of 1986 (relating to examination and inspection) is amended by
redesignating section 7612 as section 7613 and by inserting after 7611
the following:
``SEC. 7612. SPECIAL PROCEDURES FOR SUMMONSES FOR COMPUTER SOFTWARE.
``(a) Limitation on Authority to Require Production of Computer
Software Source Code.--
``(1) In general.--No summons may be issued under this
title, and the Secretary may not begin any action under section
7604 to enforce any summons, to produce or examine any computer
software source code or related customer communications, and
training materials.
``(2) Exception where information not otherwise available
to verify correctness of item on return.--Paragraph (1) shall
not apply to any portion, item, or component of computer
software source code if--
``(A) the Secretary, without examining the computer
software source code, is unable to otherwise ascertain
with reasonable accuracy the correctness of any item on
a return after employing auditing procedures and
practices otherwise used pursuant to this title,
``(B) the Secretary identifies with reasonable
specificity the portion, item, or component of such
code needed to verify the correctness of such item on
the return, and
``(C) the Secretary demonstrates that with respect
to the issue under examination the need for the
portion, item, or component of the computer software
source code requested outweighs the burdens of
production imposed on the summoned person and the risks
of disclosure of trade secrets.
``(3) Other exceptions.--Paragraph (1) shall not apply to--
``(A) any inquiry into any offense connected with
the administration or enforcement of the internal
revenue laws, and
``(B) any computer software developed by the
taxpayer or a related person (within the meaning of
section 267 or 707(b)) for internal use by the taxpayer
or such person and not for commercial purposes.
``(4) Enforcement proceeding.--In any proceeding brought
under section 7604 to enforce a summons issued under this
section, the court shall hold a hearing to determine whether
the Secretary has met the requirements of paragraph (2).
``(5) Compliance with summons for computer software source
code.--Any person to whom a summons for a portion, item, or
component of computer software source code is issued shall be
deemed to have complied with such summons by producing a hard-
copy printout of such code.
``(b) Protection of Trade Secrets and Other Confidential
Information.--
``(1) Entry of protective order.--In any court proceeding
to enforce a summons for any portion of software, the court may
receive evidence and issue any order necessary to prevent undue
burdens or the disclosure of trade secrets or other
confidential information with respect to such software,
including providing that any information be placed under seal
to be opened only as directed by the court.
``(2) Protection of software.--Notwithstanding any other
provision of this section, and in addition to any protections
ordered pursuant to paragraph (1), in the case of software that
comes into the possession or control of the Secretary in the
course of any examination with respect to any taxpayer--
``(A) the software may be examined only in
connection with the examination of such taxpayer's
return,
``(B) the software may be disclosed only to persons
conducting such examination whose duties or
responsibilities require access to the software,
``(C) the software shall be maintained in a secure
area or place, and, in the case of computer software
source code and related documents, shall not be removed
from the owner's place of business,
``(D) the software may not be copied except as
necessary to perform such examination,
``(E) at the end of the examination (and any
judicial review of the summons issued under this
section), the software and all copies thereof shall be
returned to the person from whom they were obtained and
any copies thereof made under subparagraph (D) on the
hard drive of a machine or other mass storage device
shall be permanently deleted and any notes or other
memoranda made with regard to such software shall be
destroyed,
``(F) the software may not be decompiled,
disassembled, or reverse engineered, and
``(G) the Secretary shall provide to the taxpayer
and the owner of any interest in such software, as the
case may be, a written agreement between the Secretary
and any person who will examine or otherwise have
access to such software, in which such person agrees--
``(i) not to disclose such software to any
person other than authorized employees or
agents of the Secretary during and after
employment by the Secretary, and
``(ii) not to compete with the owner of the
software for a period of 2 years after
disclosure to such person of such software.
``The owner of any interest in the software shall be considered
a party to any agreement described in subparagraph (G).
``(c) Compliance With Summons for Certain Computer Software
Executable Code.--Any taxpayer to whom is issued a summons for
commercially available computer software executable code used to
prepare such taxpayer's return or to account for the taxpayer's
transactions with others shall be deemed to have complied with such
summons by producing a read-only version of such code.
``(d) Definitions.--For purposes of this section--
``(1) Software.--The term `software' includes computer
software source code and computer software executable code.
``(2) Computer software source code.--The term `computer
software source code' means--
``(A) the code written by a programmer using a
programming language which is comprehensible to
appropriately trained persons, is not machine readable,
and is not capable of directly being used to give
instructions to a computer, and
``(B) related programmers' notes, design documents,
memoranda, and similar documentation, excluding
customer communications and training materials.
``(3) Computer software executable code.--The term
`computer software executable code' means--
``(A) any object code, machine code, or other code
readable by a computer when loaded into its memory and
used directly by such computer to execute instructions,
and
``(B) any related user manuals.''.
(b) Unauthorized Disclosure of Software.--Section 7213 of the
Internal Revenue Code of 1986 (relating to unauthorized disclosure of
information) is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following:
``(d) Disclosure of Software.--Any person who divulges or makes
known in any manner whatever not provided under section 7612 to any
other person software (as defined in section 7612(d)(1)) shall be
guilty of a felony and, upon conviction thereof, shall be fined not
more than $5,000, or imprisoned not more than 5 years, or both,
together with the costs of prosecution.''.
(c) Conforming Amendment.--The table of sections for subchapter A
of chapter 78 of the Internal Revenue Code of 1986 is amended by
striking the item relating to section 7612 and by inserting the
following:
``Sec. 7612. Special procedures for summonses for computer software.
``Sec. 7613. Cross references.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mississippi Gulf Coast National
Heritage Area Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) the 6-county area in southern Mississippi located on
the Gulf of Mexico and in the Mississippi Coastal Plain has a
unique identity that is shaped by--
(A) the coastal and riverine environment; and
(B) the diverse cultures that have settled in the
area;
(2) the area is rich with diverse cultural and historical
significance, including--
(A) early Native American settlements; and
(B) Spanish, French, and English settlements
originating in the 1600s;
(3) the area includes spectacular natural, scenic, and
recreational resources;
(4) there is broad support from local governments and other
interested individuals for the establishment of the Mississippi
Gulf Coast National Heritage Area to coordinate and assist in
the preservation and interpretation of those resources;
(5) the Comprehensive Resource Management Plan, coordinated
by the Mississippi Department of Marine Resources--
(A) is a collaborative effort of the Federal
Government and State and local governments in the area;
and
(B) is a natural foundation on which to establish
the Heritage Area; and
(6) establishment of the Heritage Area would assist local
communities and residents in preserving the unique cultural,
historical, and natural resources of the area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Mississippi Gulf Coast National Heritage Area established by
section 4(a).
(2) Coordinating entity.--The term ``coordinating entity''
means the coordinating entity for the Heritage Area designated
by section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Mississippi.
SEC. 4. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the
Mississippi Gulf Coast National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the counties of
Pearl River, Stone, George, Hancock, Harrison, and Jackson in the
State.
(c) Coordinating Entity.--
(1) In general.--The Mississippi Department of Marine
Resources, in consultation with the Mississippi Department of
Archives and History, shall serve as the coordinating entity
for the Heritage Area.
(2) Oversight committee.--The coordinating entity shall
ensure that each of the 6 counties included in the Heritage
Area is appropriately represented on any oversight committee.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the coordinating entity shall develop and submit to the
Secretary a management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) provide recommendations for the conservation, funding,
management, interpretation, and development of the cultural,
historical, archaeological, natural, and recreational resources
of the Heritage Area;
(2) identify sources of funding for the Heritage Area;
(3) include--
(A) an inventory of the cultural, historical,
archaeological, natural, and recreational resources of
the Heritage Area; and
(B) an analysis of ways in which Federal, State,
tribal, and local programs may best be coordinated to
promote the purposes of this Act;
(4) provide recommendations for educational and
interpretive programs to inform the public about the resources
of the Heritage Area; and
(5) involve residents of affected communities and tribal
and local governments.
(c) Failure to Submit.--If a management plan is not submitted to
the Secretary by the date specified in subsection (a), the Secretary
shall not provide any additional funding under this Act until a
management plan for the Heritage Area is submitted to the Secretary.
(d) Approval or Disapproval of the Management Plan.--
(1) In general.--Not later than 90 days after receipt of
the management plan under subsection (a), the Secretary shall
approve or disapprove the management plan.
(2) Action following disapproval.--If the Secretary
disapproves a management plan under paragraph (1), the
Secretary shall--
(A) advise the coordinating entity in writing of
the reasons for disapproval;
(B) make recommendations for revision of the
management plan; and
(C) allow the coordinating entity to submit to the
Secretary revisions to the management plan.
(e) Revision.--After approval by the Secretary of the management
plan, the coordinating entity shall periodically--
(1) review the management plan; and
(2) submit to the Secretary, for review and approval by the
Secretary, any recommendations for revisions to the management
plan.
SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan and otherwise carrying out this Act, the coordinating
entity may make grants to and provide technical assistance to tribal
and local governments, and other public and private entities.
(b) Duties.--In addition to developing the management plan under
section 5, in carrying out this Act, the coordinating entity shall--
(1) implement the management plan; and
(2) assist local and tribal governments and non-profit
organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of, and
appreciation for, the cultural, historical,
archaeological, and natural resources of the Heritage
Area;
(D) restoring historic structures that relate to
the Heritage Area; and
(E) carrying out any other activity that the
coordinating entity determines to be appropriate to
carry out this Act, consistent with the management
plan;
(3) conduct public meetings at least annually regarding the
implementation of the management plan; and
(4) for any fiscal year for which Federal funds are made
available under section 9--
(A) submit to the Secretary a report that
describes, for the fiscal year, the actions of the
coordinating entity in carrying out this Act;
(B) make available to the Secretary for audit all
records relating to the expenditure of funds and any
matching funds; and
(C) require, for all agreements authorizing the
expenditure of Federal funds by any entity, that the
receiving entity make available to the Secretary for
audit all records relating to the expenditure of the
funds.
(c) Prohibition on Acquisition of Real Property.--The coordinating
entity shall not use Federal funds made available under this Act to
acquire real property or any interest in real property.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) In General.--On the request of the coordinating entity, the
Secretary may provide technical and financial assistance to the
coordinating entity for use in the development and implementation of
the management plan.
(b) Prohibition of Certain Requirements.--The Secretary may not, as
a condition of the provision of technical or financial assistance under
this section, require any recipient of the assistance to impose or
modify any land use restriction or zoning ordinance.
SEC. 8. EFFECT OF ACT.
Nothing in this Act--
(1) affects or authorizes the coordinating entity to
interfere with--
(A) the right of any person with respect to private
property; or
(B) any local zoning ordinance or land use plan;
(2) restricts an Indian tribe from protecting cultural or
religious sites on tribal land;
(3) modifies, enlarges, or diminishes the authority of any
State, tribal, or local government to regulate any use of land
under any other law (including regulations);
(4)(A) modifies, enlarges, or diminishes the authority of
the State to manage fish and wildlife in the Heritage Area,
including the regulation of fishing and hunting; or
(B) authorizes the coordinating entity to assume any
management authorities over such lands; or
(5) diminishes the trust responsibilities or government-to-
government obligations of the United States to any federally
recognized Indian tribe.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be made
available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent. | Mississippi Gulf Coast National Heritage Area Act - Establishes, in the State of Mississippi, the Mississippi Gulf Coast National Heritage Area, and assigns the Mississippi Department of Marine Resources to serve as the Area's coordinating entity (the entity). Directs the entity to develop and submit to the Secretary of the Interior a management plan for the Area. States elements that the plan shall contain, including recommendations for: (1) the conservation and development of the Area's resources; and (2) educational and interpretive programs.Directs the Secretary to approve or disapprove of the plan. Directs the entity to periodically review the plan and to submit amendments for approval.Allows the entity to make grants to and provide technical assistance to tribal and local governments and other public and private entities to further the development and implementation of the plan. Directs the entity to perform certain functions in carrying out this Act, including to: (1) assist local and tribal governments and non-profits in various ways; and (2) make available to the Secretary for audit all records relating to the expenditure of funds and any matching funds.Sets forth things this Act shall not do, including that it shall not restrict an Indian tribe from protecting cultural or religious sites on tribal land. | [
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] |
SECTION 1. RESTORATION OF TANF EMERGENCY CONTINGENCY FUND.
(a) In General.--Section 403 of the Social Security Act (42 U.S.C.
603) is amended by adding at the end the following:
``(c) Emergency Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund which shall be known as the
`Emergency Contingency Fund for State Temporary Assistance for
Needy Families Programs' (in this subsection referred to as the
`Emergency Fund').
``(2) Deposits into fund.--
``(A) In general.--Out of any money in the Treasury
of the United States not otherwise appropriated, there
are appropriated for fiscal year 2012, $10,000,000,000
for payment to the Emergency Fund.
``(B) Availability and use of funds.--The amounts
appropriated to the Emergency Fund under subparagraph
(A) shall remain available through fiscal year 2013 and
shall be used to make grants to States in each of
fiscal years 2012 and 2013 in accordance with the
requirements of paragraph (3).
``(C) Limitation.--In no case may the Secretary
make a grant from the Emergency Fund for a fiscal year
after fiscal year 2013.
``(3) Grants.--
``(A) Grant related to caseload increases.--
``(i) In general.--For each calendar
quarter in fiscal year 2012 or 2013, the
Secretary shall make a grant from the Emergency
Fund to each State that--
``(I) requests a grant under this
subparagraph for the quarter; and
``(II) meets the requirement of
clause (ii) for the quarter.
``(ii) Caseload increase requirement.--A
State meets the requirement of this clause for
a quarter if the average monthly assistance
caseload of the State for the quarter exceeds
the average monthly assistance caseload of the
State for the corresponding quarter in the
emergency fund base year of the State.
``(iii) Amount of grant.--Subject to
paragraph (5), the amount of the grant to be
made to a State under this subparagraph for a
quarter shall be an amount equal to 80 percent
of the amount (if any) by which the total
expenditures of the State for basic assistance
(as defined by the Secretary) in the quarter,
whether under the State program funded under
this part or as qualified State expenditures,
exceeds the total expenditures of the State for
such assistance for the corresponding quarter
in the emergency fund base year of the State.
``(B) Grant related to increased expenditures for
non-recurrent short term benefits.--
``(i) In general.--For each calendar
quarter in fiscal year 2012 or 2013, the
Secretary shall make a grant from the Emergency
Fund to each State that--
``(I) requests a grant under this
subparagraph for the quarter; and
``(II) meets the requirement of
clause (ii) for the quarter.
``(ii) Non-recurrent short term expenditure
requirement.--A State meets the requirement of
this clause for a quarter if the total
expenditures of the State for non-recurrent
short term benefits in the quarter, whether
under the State program funded under this part
or as qualified State expenditures, exceeds the
total expenditures of the State for non-
recurrent short term benefits in the
corresponding quarter in the emergency fund
base year of the State.
``(iii) Amount of grant.--Subject to
paragraph (5), the amount of the grant to be
made to a State under this subparagraph for a
quarter shall be an amount equal to 80 percent
of the excess described in clause (ii).
``(C) Grant related to increased expenditures for
subsidized employment.--
``(i) In general.--For each calendar
quarter in fiscal year 2012 or 2013, the
Secretary shall make a grant from the Emergency
Fund to each State that--
``(I) requests a grant under this
subparagraph for the quarter; and
``(II) meets the requirement of
clause (ii) for the quarter.
``(ii) Subsidized employment expenditure
requirement.--A State meets the requirement of
this clause for a quarter if the total
expenditures of the State for subsidized
employment in the quarter, whether under the
State program funded under this part or as
qualified State expenditures, exceeds the total
such expenditures of the State in the
corresponding quarter in the emergency fund
base year of the State.
``(iii) Amount of grant.--Subject to
paragraph (5), the amount of the grant to be
made to a State under this subparagraph for a
quarter shall be an amount equal to 80 percent
of the excess described in clause (ii).
``(4) Authority to make necessary adjustments to data and
collect needed data.--In determining the size of the caseload
of a State and the expenditures of a State for basic
assistance, non-recurrent short term benefits, and subsidized
employment, during any period for which the State requests
funds under this subsection, and during the emergency fund base
year of the State, the Secretary may make appropriate
adjustments to the data, on a State-by-State basis, to ensure
that the data are comparable with respect to the groups of
families served and the types of aid provided. The Secretary
may develop a mechanism for collecting expenditure data,
including procedures which allow States to make reasonable
estimates, and may set deadlines for making revisions to the
data.
``(5) Limitation.--The total amount payable to a single
State under subsection (b) and this subsection for fiscal years
2012 and 2013 combined shall not exceed 50 percent of the
annual State family assistance grant.
``(6) Limitations on use of funds.--A State to which an
amount is paid under this subsection may use the amount only as
authorized by section 404.
``(7) Timing of implementation.--The Secretary shall
implement this subsection as quickly as reasonably possible,
pursuant to appropriate guidance to States.
``(8) Application to indian tribes.--This subsection shall
apply to an Indian tribe with an approved tribal family
assistance plan under section 412 in the same manner as this
subsection applies to a State.
``(9) Definitions.--In this subsection:
``(A) Average monthly assistance caseload
defined.--The term `average monthly assistance
caseload' means, with respect to a State and a quarter,
the number of families receiving assistance during the
quarter under the State program funded under this part
or as qualified State expenditures, subject to
adjustment under paragraph (4).
``(B) Emergency fund base year.--
``(i) In general.--The term `emergency fund
base year' means, with respect to a State and a
category described in clause (ii), whichever of
fiscal year 2009 or 2010 is the fiscal year in
which the amount described by the category with
respect to the State is the lesser.
``(ii) Categories described.--The
categories described in this clause are the
following:
``(I) The average monthly
assistance caseload of the State.
``(II) The total expenditures of
the State for non-recurrent short term
benefits, whether under the State
program funded under this part or as
qualified State expenditures.
``(III) The total expenditures of
the State for subsidized employment,
whether under the State program funded
under this part or as qualified State
expenditures.
``(C) Qualified state expenditures.--The term
`qualified State expenditures' has the meaning given
the term in section 409(a)(7).''.
(b) Modification of Caseload Reduction Credit.--Section
407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by
inserting ``(or if the immediately preceding fiscal year is fiscal year
2011 or 2012, then, at State option, during the emergency fund base
year of the State with respect to the average monthly assistance
caseload of the State (within the meaning of section 403(c)(9)), except
that, if a State elects such option for fiscal year 2011, the emergency
fund base year of the State with respect to such caseload shall be
fiscal year 2009))'' before ``under the State''.
(c) Disregard From Limitation on Total Payments to Territories.--
Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by
inserting ``403(c)(3),'' after ``403(a)(5),''. | Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to reestablish for FY2012-FY2013 the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs for the purpose of grants to states by the Secretary of the Treasury related to: (1) increases in TANF caseloads, (2) increased expenditures for non-recurrent short term benefits, and (3) increased expenditures for subsidized employment. Modifies for FY2011-FY2012 the formula for the pro rata reduction credit in the calculation of the minimum participation rate of all families of a state receiving TANF assistance for any reduction in such rate owing to caseload reductions not required by federal law and not resulting from changes in state eligibility criteria. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Outdated and Vulnerable
Equipment and Information Technology Act of 2016'' or the ``MOVE IT
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) National Institute of Standards and Technology Special
Publication 800-145 describes cloud computing as an evolving
paradigm for information technology that is a model for
enabling ubiquitous, convenient, on-demand network access to a
shared pool of configurable computing resources (i.e.,
networks, servers, storage, applications, and services) that
can be rapidly provisioned and released with minimal management
effort or service provider interaction.
(2) Together, the efficiencies, cost savings, and greater
computing power enabled by cloud computing has the potential
to--
(A) eliminate inappropriate duplication, reduce
costs, and address waste, fraud, and abuse in providing
Government services that are publicly available;
(B) address the critical need for cybersecurity by
design; and
(C) move the Federal Government into a broad
digital-services delivery model that could transform
the fashion in which the Federal Government provides
services to the people of the United States.
(b) Purposes.--The purposes of this Act are to--
(1) accelerate the acquisition and deployment of cloud
computing services by addressing key impediments and roadblocks
in funding, development, and acquisition practices;
(2) support and expand an efficient Federal certification
standard for qualifying cloud services providers under the
Federal Risk and Authorization Management Program using a
``qualify once, use many times'' efficiency model that strikes
an appropriate balance between--
(A) encouraging the adoption of strong security
practices to protect against the harm of cyber
intrusions and hacks; and
(B) avoiding the imposition of unduly burdensome
and restrictive requirements on cloud computing service
providers that would deter investment in innovative
cloud computing services;
(3) assist agencies in migrating to cloud computing
services by providing guidance and oversight of agency
enterprise-wide information technology portfolios suitable for
and identifiable as suitable for a cloud-based delivery model;
and
(4) provide for Federal agencies to procure cloud computing
services that adhere to sound security practices.
SEC. 3. FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM.
(a) In General.--Except as provided under subsection (b), a covered
agency may not store or process Government information on a Federal
information system with any cloud service provider, unless the provider
has an authorization to operate, or a provisional authorization to
operate, covering the proposed scope of work, from the covered agency
or the Joint Authorization Board. A covered agency operating under a
provisional authorization to operate shall issue an authorization to
operate as soon as practicable and may not rely on the provisional
authorization to operate for the duration of the scope of work.
(b) Waiver of Requirements.--
(1) In general.--The Director of National Intelligence, or
a designee of the Director, may waive the applicability to any
national security system of any provision of this section if
the Director of National Intelligence, or the designee,
determines that such waiver is in the interest of national
security.
(2) Notification.--Not later than 30 days after exercising
a waiver under this subsection, the Director of National
Intelligence, or the designee of the Director, as the case may
be, shall submit to the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence
of the Senate and the Committee on Oversight and Government
Reform and the Permanent Select Committee on Intelligence of
the House of Representatives a statement describing and
justifying the waiver.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the ability of the Office of Management and
Budget to update or modify Federal guidelines relating to the security
of cloud computing.
SEC. 4. EXPANDED INDUSTRY COLLABORATION AND METRICS DEVELOPMENT FOR THE
FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM OFFICE.
(a) In General.--The Director shall coordinate with the Federal
Risk and Authorization Management Program Office to establish mandatory
guidelines for the submission of an application for an authorization to
operate and related materials to the Federal Risk and Authorization
Management Program Office.
(b) Contents.--The guidelines established under subsection (a)
shall streamline and accelerate the Federal Risk and Authorization
Management Program accreditation process by meeting the following
requirements:
(1) Not less frequently than monthly, report to the
applicant the status, expected time to completion, and other
key indicators related to compliance for an application for
authorization to operate submitted to the Federal Risk and
Authorization Management Program Office.
(2) Enhanced training and industry liaison opportunities
for covered agencies and cloud service providers.
(3) A clarification of--
(A) the role and authority of third party
assessment organization in the Federal Risk and
Authorization Management Program process for
authorizations to operate by covered agencies;
(B) the extent to which the Federal Risk and
Authorization Management Program Office may identify
and begin to accept or rely upon certifications from
other standards development organizations or third
party assessment organization; and
(C) the responsibility of covered agencies to
sponsor a Federal Risk and Authorization Management
Program authorization to operate as part of making
Federal Risk and Authorization Management Program
compliance a condition for entering into a contract or
providing cloud computing services to a covered agency.
(c) FedRAMP Liaison Group.--
(1) In general.--The Director, in coordination with the
Program Management Office and the National Institute of
Standards and Technology, shall host a public-private industry
cloud commercial working group (in this subsection referred to
as the ``FedRAMP Liaison Group'') representing cloud service
providers.
(2) Composition and functions.--The FedRAMP Liaison Group--
(A) shall include representatives of cloud service
providers;
(B) may include such working groups as are
determined appropriate by the FedRAMP Liaison Group;
(C) shall be hosted by the General Services
Administration, who shall convene plenary meetings on a
quarterly basis with individual working groups meeting
as frequently as determined by the group; and
(D) shall consult with and provide recommendations
directly to the Program Management Office and the Joint
Authorization Board of the Federal Risk and
Authorization Management Program regarding the
operations, processes improvements, and best practices
of the Office and Board.
(3) FACA exemption.--The Federal Advisory Committee Act
shall not apply to the FedRAMP Liaison Group.
(d) Providing Dedicated Agency Support.--The Program Management
Office shall work with each covered agency to support and guide the
efforts of the agency--
(1) to establish and issue the authorization to operate for
the agency;
(2) to facilitate authorization approval, support, and
direct interfacing with cloud service providers; and
(3) to facilitate partnership among agencies to efficiently
support activities related to obtaining an authorization to
operate.
(e) Metrics.--The Director, in coordination with the National
Institute of Standards and Technology and the FedRAMP Liaison Group,
shall establish key performance metrics for the Federal Risk and
Authorization Management Program Office, which shall include--
(1) recommendations for maximum time limits for the
completion of authorizations to operate by service categories
of cloud service providers, not to exceed six months;
(2) targets for the streamlining of the authorization to
operate through the use of innovative templates and transparent
submission requirements; and
(3) recommendations for satisfying Federal continuous
monitoring requirements.
(f) Report Required.--Not later than one year after the date of the
enactment of this Act, the Director shall submit to the Committees on
Appropriations and Oversight and Government Reform of the House of
Representatives and the Committees on Appropriations and Homeland
Security and Governmental Affairs of the Senate a report on the
effectiveness and efficiency of the Federal Risk and Authorization
Management Program Office.
SEC. 5. ADDITIONAL BUDGET AUTHORITIES FOR THE MODERNIZATION OF IT
SYSTEMS.
(a) Assessment of Cloud First Implementation.--Not later than 90
days after the date of the enactment of this Act, the Director, in
consultation with the Chief Information Officers Council, shall assess
cloud computing opportunities and issue policies and guidelines for the
adoption of Governmentwide programs providing for a standardized
approach to security assessment and operational authorization for cloud
computing products and services.
(b) Information Technology System Modernization and Working Capital
Fund.--
(1) Establishment.--There is established in each covered
agency an information technology system modernization and
working capital fund (hereafter ``IT working capital fund'')
for necessary expenses for the agency described in paragraph
(2).
(2) Source of funds.--Amounts may be deposited into an IT
working capital fund as follows:
(A) Reprogramming of funds, including reprogramming
of any funds available on the date of enactment of this
Act for the operation and maintenance of legacy
systems, in compliance with any applicable
reprogramming law or guidelines of the Committees on
Appropriations of the House of Representatives and the
Senate.
(B) Transfer of funds, including transfer of any
funds available on the date of enactment of this Act
for the operation and maintenance of legacy systems,
but only if transfer authority is specifically provided
for by law.
(C) Amounts made available through discretionary
appropriations.
(3) Use of funds.--An IT working capital fund established
under paragraph (1) may be used only for the following:
(A) The replacement of a legacy information
technology system.
(B) The transition to cloud computing and
innovative platforms and technologies subject to a
transition plan for any project that costs more than
$5,000,000 and approved by the Federal Chief
Information Officer according to such guidelines as the
Office of Management and Budget may designate.
(C) To assist and support agency efforts to provide
adequate, risk-based, and cost-effective information
technology capabilities that address evolving threats
to information security.
(D) Developmental, modernization, and enhancement
activities of information technology.
(4) Existing funds.--An IT working capital fund may not be
used to supplant funds provided for the operation and
maintenance of any system already within an appropriation for
the agency at the time of establishment of the IT working
capital fund.
(5) Reprogramming and transfer of funds.--The head of each
covered agency shall prioritize funds within the IT working
capital fund to be used initially for cost savings activities
approved by the Federal Chief Information Officer, in
consultation with the Chief Information Officer of the covered
agency. The head of each covered agency may--
(A) reprogram any amounts saved as a direct result
of such activities for deposit into the applicable IT
working capital fund, consistent with paragraph (2)(A),
except that any such reprogramming of amounts in excess
of $500,000 shall be reported to the Committees on
Appropriations of the House of Representatives and the
Senate 30 days ain advance of such reprogramming; and
(B) transfer any amounts saved as a direct result
of such activities for deposit into the applicable IT
working capital fund, consistent with paragraph (2)(B),
except that any such transfer of amounts in excess of
$500,000 shall be reported to the Committees on
Appropriations of the House of Representatives and the
Senate 30 days in advance of such transfer.
(6) Return of funds.--Any funds deposited into an IT
working capital fund must be obligated no later than 3 years
after the date of such deposit. Any funds that are unobligated
3 years after such date shall be rescinded and deposited into
the general fund of the Treasury and reported to the Committees
on Appropriations of the House of Representatives and the
Senate.
(7) Semiannual report required.--Not later than 6 months
after the date of the enactment of this Act, and semiannually
thereafter, the head of any covered agency that uses an IT
working capital fund shall submit to the Committees on
Appropriations and Oversight and Government Reform of the House
of Representatives and the Committees on Appropriations and
Homeland Security and Governmental Affairs of the Senate a
report on the obligation and expenditure of funds made
available under this section.
(c) GAO Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for five years, the
Comptroller General of the United States shall submit to the Committees
on Appropriations and Oversight and Government Reform of the House of
Representatives and the Committees on Appropriations and Homeland
Security and Governmental Affairs of the Senate a report--
(1) on the implementation and operation of each IT working
capital fund established under this section;
(2) that identifies current practices and compares the
practices with industry best practices in areas such as the
effective oversight and governance of a cloud computing working
capital fund; and
(3) that describes the basis for the use and operation of
an IT working capital fund, the efficacy of the working capital
fund to accelerate technology transitions, and recommendations
for further improvement for the working capital fund.
SEC. 6. DEFINITIONS.
In this Act:
(1) Authorization to operate.--The term ``authorization to
operate'' means an approval and accreditation, including a
provisional authorization to operate, regarding the security
and operational qualifications of a cloud computing service
provider to offer secure, reliable cloud computing service to a
covered agency, that may be issued by the Joint Authorization
Board, any successor entity, or the head of a covered agency.
(2) Cloud computing.--The term ``cloud computing'' has the
meaning given that term by the National Institute of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document thereto.
(3) Cloud service provider.--The term ``cloud service
provider'' means an entity offering cloud computing
infrastructure, platforms, or software for commercial and
Government entities.
(4) Covered agency.--The term ``covered agency'' means each
agency listed in section 901(b) of title 31, United States
Code.
(5) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(6) Federal risk and authorization management program
office.--The term ``Federal Risk and Authorization Management
Program Office'' or ``Program Management Office'' means the
Federal Risk and Authorization Management Program Office, or
any successor thereto.
(7) Information system.--The term ``information system''
has the meaning given that term under section 3502 of title 44,
United States Code.
(8) Information technology.--The term ``information
technology'' has the meaning given that term under section
11101 of title 40, United States Code.
(9) Legacy information technology system.--The term
``legacy information technology system'' means an outdated or
obsolete information technology that is no longer supported by
the originating vendor or manufacturer.
(10) National security system.--The term ``national
security system'' has the meaning given that term under section
3552 of title 44, United States Code.
(11) Third party assessment organization.--The term ``third
party assessment organization'' means a third party
accreditation body that conducts a conformity assessment of a
cloud service data provider to ensure the provider meets
security and operational guidelines issued by the Federal Risk
and Authorization Management Program Office. | Modernizing Outdated and Vulnerable Equipment and Information Technology Act of 2016 or MOVE IT Act This bill prohibits a covered agency (specified agencies for which there are Chief Financial Officers) from storing or processing government information on a federal information system with any cloud service provider unless the provider has an authorization to operate a cloud computing service from the agency or the Joint Authorization Board. The Office of the Director of National Intelligence (ODNI) may waive the applicability of such prohibition to any national security system in the interest of national security and shall submit a statement justifying such waiver. The ODNI shall: (1) coordinate with the Federal Risk and Authorization Management Program Office (FRAMPO) to establish mandatory guidelines for the submission of an application for such an authorization that shall streamline and accelerate the accreditation process; (2) host a public-private industry cloud commercial working group representing cloud service providers, which shall provide recommendations directly to FRAMPO's Program Management Office and Joint Authorization Board regarding their operations, processes improvements, and best practices; (3) establish key performance metrics for FRAMPO; (4) report on the effectiveness and efficiency of FRAMPO; and (5) assess cloud computing opportunities and issue policies and guidelines for the adoption of government-wide programs providing for a standardized approach to security assessment and operational authorization for cloud computing products and services. There is established in each such agency an information technology system modernization and working capital fund for necessary expenses: for the replacement of a legacy information technology system; for the transition to cloud computing and innovative platforms and technologies; to assist and support efforts to provide information technology capabilities that address evolving threats to information security; and for developmental, modernization, and enhancement activities of information technology. Each agency shall prioritize amounts within such fund to be used initially for cost savings activities approved by the Federal Chief Information Officer. The Government Accountability Office shall report on the implementation and operation of each such fund, current practices compared with industry best practices for the effective oversight and governance of a cloud computing working capital fund, the basis for the fund's use and operation, the fund's efficacy to accelerate technology transitions, and recommendations for improvement. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green River National Wildlife Refuge
Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Green River bottoms area, Kentucky, was once part
of a large bottomland hardwood forest;
(2) most of the bottoms area has been converted to
agricultural use through--
(A) draining of wetland;
(B) altering of interior drainage systems; and
(C) clearing of bottomland hardwood forest;
(3) as of the date of enactment of this Act, the bottoms
area is predominantly ridge and swale farmland, with river-scar
oxbows, several sloughs, wet depression areas, and a small
quantity of bottomland hardwood forest;
(4) approximately 1,200 acres of bottomland hardwood forest
remain, consisting mostly of cypress, willow, hackberry, silver
maple, ash, and buttonbush;
(5) many of the interior drainage systems on the land offer
excellent opportunities to restore, with minor modifications,
the historical hydrology, wetland, and bottomland hardwood
forest of the bottoms area to high-quality wildlife habitats;
(6) in the bottoms area, waterfowl occur in large numbers
when sufficient water levels occur, primarily when flood
conditions from the Ohio River and the Green River negate the
extensive drainages and alterations made by man;
(7) the wooded and shrub tracts of the bottoms area are
used by many species of nongame neotropical migratory birds;
(8) migratory shorebirds use the bottoms area during spring
migrations;
(9) wading birds such as snipe, great blue heron, green
heron, common egret, and great egret frequent the bottoms area;
(10) bald eagles and myriad other raptors frequent the
bottoms area;
(11) several species listed as endangered or threatened
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) have been found near the bottoms area, including
Indiana bat maternity colonies, fanshell, pink mucket pearly
mussel, and fat pocketbook;
(12) several species of mussel listed as endangered or
threatened species under that Act historically occurred near
the bottoms area, including purple cat's paw pearly mussel,
tubercled-blossom pearly mussel, ring pink, and white wartyback
pearly mussel;
(13) the copperbelly water snake, covered by the
Copperbelly Water Snake Conservation Plan, is found in the
wetland complex and buttonbush shrub in the Scuffletown area;
(14) significant populations of resident game species,
including white-tailed deer, swamp rabbit, cottontail rabbit,
gray squirrel, mink, muskrat, beaver, fox, and coyote, occur in
the bottoms area;
(15) the Ohio River and the Green River are important
habitat for big river species such as paddlefish, sturgeon,
catfish, carp, buffalo, and gar;
(16) conservation, enhancement, and ecological restoration
of the bottoms area through inclusion in the National Wildlife
Refuge System would help meet the habitat conservation goals
of--
(A) the North American Waterfowl Management Plan;
(B) the Lower Mississippi Joint Venture;
(C) the Interior Low Plateaus Bird Conservation
Plan; and
(D) the Copperbelly Water Snake Conservation Plan;
(17) the valuable complex of wetland habitats comprising
the bottoms area, with its many forms of wildlife, has
extremely high recreational value for hunters, anglers,
birdwatchers, nature photographers, and others; and
(18) the Green River bottoms area is deserving of inclusion
in the National Wildlife Refuge System.
SEC. 3. PURPOSE.
The purpose of this Act is to establish the Green River National
Wildlife Refuge in the Green River bottoms area, Henderson County,
Kentucky, to provide--
(1) habitat for migrating and wintering waterfowl;
(2) habitat for nongame land birds;
(3) habitats for a natural diversity of fish and wildlife;
(4) nesting habitat for wood ducks and other locally
nesting migratory waterfowl;
(5) high-quality hunting and sportfishing opportunities;
and
(6) opportunities for environmental education,
interpretation, and wildlife-oriented recreation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Refuge.--The term ``Refuge'' means the Green River
National Wildlife Refuge established under section 5.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. ESTABLISHMENT.
(a) Establishment.--
(1) In general.--The Secretary shall establish the Green
River National Wildlife Refuge, consisting of approximately
23,000 acres of Federal land, water, and interests in land or
water within the boundaries depicted on the map entitled
``Green River National Wildlife Refuge'', dated September 10,
2001.
(2) Boundary revisions.--The Secretary shall make such
minor revisions of the boundaries of the Refuge as are
appropriate to carry out the purposes of the Refuge or to
facilitate the acquisition of land, water, and interests in
land or water within the Refuge.
(3) Availability of map.--The map referred to in paragraph
(1) shall be available for inspection in appropriate offices of
the United States Fish and Wildlife Service.
(b) Effective Date.--The establishment of the Refuge shall take
effect on the date on which the Secretary publishes, in the Federal
Register and publications of local circulation in the vicinity of the
Refuge, a notice that sufficient property has been acquired by the
United States within the Refuge to constitute an area that can be
efficiently managed as a national wildlife refuge.
SEC. 6. ACQUISITION OF LAND, WATER, AND INTERESTS IN LAND OR WATER.
(a) In General.--Subject to the availability of appropriations, the
Secretary may obtain by purchase from willing sellers, donation, or
exchange up to 23,000 acres of land and water, or interests in land or
water, within the boundaries of the Refuge described in section
5(a)(1).
(b) Inclusion in Refuge.--Any land, water, or interest acquired by
the Secretary under this section shall be part of the Refuge.
SEC. 7. ADMINISTRATION.
In administering the Refuge, the Secretary shall--
(1) conserve, enhance, and restore the native aquatic and
terrestrial community characteristics of the Green River
(including associated fish, wildlife, and plant species);
(2) conserve, enhance, and restore habitat to maintain and
assist in the recovery of species of animals and plants that
are listed as endangered species or threatened species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3) in providing opportunities for compatible fish- and
wildlife-oriented recreation, ensure that hunting, fishing,
wildlife observation and photography, and environmental
education and interpretation are the priority general public
uses of the Refuge, in accordance with paragraphs (3) and (4)
of section 4(a) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(a)); and
(4) encourage the use of volunteers and facilitate
partnerships among the United States Fish and Wildlife Service,
local communities, conservation organizations, and other non-
Federal entities to promote--
(A) public awareness of the resources of the Refuge
and the National Wildlife Refuge System; and
(B) public participation in the conservation of
those resources.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
for--
(1) the acquisition of land and water within the boundaries
of the Refuge; and
(2) the development, operation, and maintenance of the
Refuge. | Green River National Wildlife Refuge Act of 2002 - Directs the Secretary of the Interior to establish, revise the boundaries of, and acquire land and water for the Green River National Wildlife Refuge in Kentucky.Requires the Secretary, in administering the Refuge, to: (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Green River; (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed as endangered or threatened species; (3) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge; and (4) encourage the use of volunteers and facilitate partnerships among the U.S. Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the refuge resources and public participation in resource conservation. | [
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] |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Secretary of Agriculture (referred to in this Act
as the ``Secretary'') administers the 191,000,000-acre National
Forest System for multiple uses in accordance with Federal law;
(2) where suitable, one of the recognized multiple uses for
National Forest System land is grazing by livestock;
(3) the Secretary authorizes grazing through the issuance
of term grazing permits that have terms of not to exceed 10
years and that include terms and conditions necessary for the
proper administration of National Forest System land and
resources;
(4) as of the date of enactment of this Act, the Secretary
has issued approximately 9,000 term grazing permits authorizing
grazing on approximately 90,000,000 acres of National Forest
System land;
(5) of the approximately 9,000 term grazing permits issued
by the Secretary, approximately one-half have expired or will
expire by the end of 1996;
(6) if the holder of an expiring term grazing permit has
complied with the terms and conditions of the permit and
remains eligible and qualified, that individual is considered
to be a preferred applicant for a new term grazing permit in
the event that the Secretary determines that grazing remains an
appropriate use of the affected National Forest System land;
(7) in addition to the approximately 9,000 term grazing
permits issued by the Secretary, it is estimated that as many
as 1,600 term grazing permits may be waived by permit holders
to the Secretary in favor of a purchaser of the permit holder's
permitted livestock or base property by the end of 1996;
(8) to issue new term grazing permits, the Secretary must
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other laws;
(9) for a large percentage of the grazing permits that will
expire or be waived to the Secretary by the end of 1996, the
Secretary has devised a strategy that will result in compliance
with the National Environmental Policy Act of 1969 and other
applicable laws (including regulations) in a timely and
efficient manner and enable the Secretary to issue new term
grazing permits, where appropriate;
(10) for a small percentage to the grazing permits that
will expire or be waived to the Secretary by the end of 1996,
the strategy will not provide for the timely issuance of new
term grazing permits; and
(11) in cases in which ranching operations involve the use
of a term grazing permit issued by the Secretary, it is
essential for new term grazing permits to be issued in a timely
manner for financial and other reasons.
(b) Purpose.--The purpose of this Act is to ensure that graving
continues without interruption on National Forest System land in a
manner that provides long-term protection of the environment and
improvement of National Forest System rangeland resources while also
providing short-term certainty to holders of expiring term grazing
permits and purchasers of a permit holder's permitted livestock or base
property.
SEC. 2. DEFINITIONS.
In this Act:
(1) Expiring term grazing permit.--The term ``expiring term
grazing permit'' means a term grazing permit--
(A) that expires in 1995 or 1996; or
(B) that expired in 1994 and was not replaced with
a new term grazing permit solely because the analysis
required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other applicable laws
has not been completed.
(2) Final agency action.--The term ``final agency action''
means agency action with respect to which all available
administrative remedies have been exhausted.
(3) Term grazing permit.--The term ``term grazing permit''
means a term'' grazing permit'' or grazing agreement issued by
the Secretary under section 402 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1752), section 19 of the Act
entitled ``An Act to facilitate and simplify the work of the
Forest Service, and for other purposes'', approved April 24,
1950 (commonly known as the ``Granger-Thye Act'') (16 U.S.C.
580l), or other law.
SEC. 3. ISSUANCE OF NEW TERM GRAZING PERMITS.
(a) In General.--Notwithstanding any other law, the Secretary shall
issue a new term grazing permit without regard to whether the analysis
required by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other applicable laws has been completed, or final
agency action respecting the analysis has been taken--
(1) to the holder of an expiring term grazing permit; or
(2) to the purchaser of a term grazing permit holder's
permitted livestock or base property if--
(A) between January 1, 1995, and December 1, 1996,
the holder has waived the term grazing permit to the
Secretary pursuant to section 222.3(c)(1)(iv) of title
36, Code of Federal Regulations; and
(B) the purchaser of the term grazing permit
holder's permitted livestock or base property is
eligible and qualified to hold a term grazing permit.
(b) Terms and Conditions.--Except as provided in subsection (c)--
(1) a new term grazing permit under subsection (a)(1) shall
contain the same terms and conditions as the expired term
grazing permit; and
(2) a new term grazing permit under subsection (a)(2) shall
contain the same terms and conditions as the waived permit.
(c) Duration.--
(1) In general.--A new term grazing permit under subsection
(a) shall expire on the earlier of--
(A) the date that is 3 years after the date on
which it is issued; or
(B) the date on which final agency action is taken
with respect to the analysis required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other applicable laws.
(2) Final action in less than 3 years.--If final agency
action is taken with respect to the analysis required by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other applicable laws before the date that is 3 years
after the date on which a new term grazing permit is issued
under subsection (a), the Secretary shall--
(A) cancel the new term grazing permit; and
(B) if appropriate, issue a term grazing permit for
a term not to exceed 10 years under terms and
conditions as are necessary for the proper
administration of National Forest System rangeland
resources.
(d) Date of Issuance.--
(1) Expiration on or before date of enactment.--In the case
of an expiring term grazing permit that has expired on or
before the date of enactment of this Act, the Secretary shall
issue a new term grazing permit under subsection (a)(1) not
later than 15 days after the date of enactment of this Act.
(2) Expiration after date of enactment.--In the case of an
expiring term grazing permit that expires after the date of
enactment of this Act, the Secretary shall issue a new term
grazing permit under subsection (a)(1) on expiration of the
expiring term grazing permit.
(3) Waived permits.--In the case of a term grazing permit
waived to the Secretary pursuant to section 222.3(c)(1)(iv) of
title 36, Code of Federal Regulations, between January 1, 1995,
and December 31, 1996, the Secretary shall issue a new term
grazing permit under subsection (a)(2) not later than 60 days
after the date on which the holder waives a term grazing permit
to the Secretary.
SEC. 4. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.
The issuance of a new term grazing permit under section 3(a) shall
not be subject to administrative appeal or judicial review.
SEC. 5. REPEAL.
This Act is repealed effective as of January 1, 2001. | Requires the Secretary of Agriculture to issue new term grazing permits for National Forest System lands to replace previously issued expired or expiring permits. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizenship Promotion Act of 1996''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) American democracy performs best when the maximum
number of people subject to its laws participate in the
political process, at all levels of government.
(2) Citizenship actively exercised will better assure that
individuals both assert their rights and fulfill their
responsibilities of membership within our political community,
thereby benefiting all citizens and residents of the United
States.
SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
Title III of the Immigration and Nationality Act is amended by
adding at the end the following new chapter:
``CHAPTER 5--CITIZENSHIP PROMOTION
``SEC. 371. DEFINITIONS.
``As used in this chapter--
``(1) the term `Agency' means the United States Citizenship
Promotion Agency; and
``(2) the term `Board' means the National Advisory Board on
Citizenship established by section 373.
``SEC. 372. THE UNITED STATES CITIZENSHIP PROMOTION AGENCY.
``(a) Establishment.--There is established within the Immigration
and Naturalization Service an agency to be known as the United States
Citizenship Promotion Agency.
``(b) Mission.--The Agency shall have as its mission the following:
``(1) To carry out the functions relating to naturalization
arising under chapter 2 of this title.
``(2) To assist in the implementation of a comprehensive
program of encouraging and assisting eligible immigrants to
become naturalized citizens as soon thereafter as they become
eligible to do so.
``(c) Headed by Associate Commissioner.--
``(1) Appointment.--The Agency shall be headed by an
Associate Commissioner for Citizenship. Reasonable efforts
shall be made to fill the position with a naturalized citizen
of the United States.
``(2) Compensation.--The position of Associate Commissioner
for Citizenship shall be a position in the Senior Executive
Service.
``(d) Powers.--The Agency is authorized to exercise all necessary
and appropriate powers and duties to carry out its mission, including
the authority--
``(1) to enter into cooperative agreements with Federal,
State, and local governmental entities;
``(2) to enter into contracts, subject to the availability
of appropriations; and
``(3) to make grants to private and nonprofit entities.
``(e) Role of Advisory Board.--The Commissioner and the Associate
Commissioner for Citizenship shall seek the consultation and advice of
the Board regarding the policies, practices, and procedures used by the
Agency in fulfillment of its duties.
``(f) Termination of Existing Offices and Positions.--(1) There are
transferred to the Agency all functions being exercised before the date
of enactment of the Citizenship Promotion Act of 1996 by the Attorney
General, the Commissioner, or the Service relating to the following:
``(A) The naturalization of persons under chapter 2 of this
title.
``(B) The encouragement and assistance of eligible
immigrants to become naturalized citizens.
``(2) Upon such date, the Commissioner shall abolish or
consolidate, as the case may be, any office or position existing before
such date within the Service that performed functions transferred under
paragraph (1), if such office or position is not otherwise created by
statute.
``(3) The personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made available in
connection with the functions transferred under this paragraph (1),
subject to section 1531 of title 31, United States Code, shall be
transferred to the Agency.
``SEC. 373. NATIONAL ADVISORY BOARD ON CITIZENSHIP.
``(a) Establishment.--There is established the National Advisory
Board on Citizenship to advise the Associate Commissioner for
Citizenship, the Attorney General, the President, and Congress
regarding the carrying out of the Agency's objectives.
``(b) Composition.--(1) The Board shall be composed of 9 voting
members, who shall be appointed by the Attorney General, except as
otherwise provided, as follows:
``(A) One member drawn from among individuals having
extensive academic experience in the study of immigration.
``(B) Two members drawn from among individuals having been
recently naturalized, including at least one who is engaged in
nonprofessional employment.
``(C) Two members drawn from among individuals having
extensive recent experience in counseling and advising resident
aliens to become naturalized citizens.
``(D) Two members drawn from among individuals who have
extensive experience working with the immigrant community.
``(E) One member to be appointed by the Committee on the
Judiciary of the Senate.
``(F) One member to be appointed by the Committee on the
Judiciary of the House of Representatives.
``(2) The Assistant Secretary of Education for Vocational and Adult
Education, or his or her designee, shall serve on the Board in a
nonvoting capacity.
``(3) The voting members shall serve staggered terms in a manner to
be prescribed by the Attorney General.
``(4) At the first meeting of the Board each year, the members of
the Board shall elect a chair and vice chair, who shall serve for a
term of one year.
``(5) The Board shall meet no more frequently than quarterly each
year to carry out its responsibilities under subsection (c).
``(c) Responsibilities.--(1) The Board shall have the general
responsibility to prepare independent biannual reports relating to the
administration of policies of the Agency. Such reports may include
minority reports, if timely submitted.
``(2) In the course of carrying out its responsibilities, the Board
may do the following:
``(A) Review the policies, plans, and objectives of the
Agency, including the effectiveness thereof, both short- and
long-term.
``(B) Review programs and policies of other Federal and
State agencies under the area of oversight of the Agency, as is
necessary, including the effectiveness thereof, both short- and
long-term.
``(C) Assess the resources and funds for the Agency, and
make reports and recommendations to the Commissioner and
Congress.
``(3) The Board shall give an annual oral report to the Attorney
General, the Commissioner, and the Associate Commissioner for
Citizenship.
``(d) Administrative Matters.--The Attorney General shall approve
the budget of the Board. The Attorney General and the Commissioner
shall provide administrative support, including staffing, to enable the
Board to fulfill its functions.
``(e) Compensation.--While away from their homes or regular places
of business in the performance of duties for the Board, Board members
shall be compensated at a rate not to exceed $100 per day and shall be
allowed reasonable travel expenses.
``(f) Applicability of Federal Advisory Committee Act.--The
provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Board, except to the extent that this section establishes
contrary policies or procedures.
``SEC. 374. NATURALIZATION OUTREACH.
``In order to enable the Agency to fulfill its naturalization
outreach duties, the Agency--
``(1) shall seek the assistance of appropriate community
groups, private voluntary agencies, and other appropriate
organizations; and
``(2) may enter into cooperative agreements with, or make
grants to, such other governmental, private, and nonprofit
entities (including entities that encourage or facilitate
community service or are engaged in such service) that it
considers useful in carrying out such duties.
``SEC. 375. FEES.
``(a) Naturalization Examinations Fee Account.--There is
established in the general fund of the Treasury of the United States a
separate account which shall be known as the `Naturalization
Examinations Fee Account' (hereafter in this section referred to as the
`Account').
``(b) Deposits.--(1) There shall be deposited into the Account the
following:
``(A) All funds in the Immigration Examinations Fee Account
that were collected pursuant to section 344(a) before the date
of the enactment of the Citizenship Promotion Act of 1996 and
that remain available for obligation on such date.
``(B) Except as provided in paragraph (2), all fees paid to
the Attorney General pursuant to section 344(a) after such
date.
``(2) Fees paid after such date pursuant to section 344(a) by
applicants residing in the United States Virgin Islands, and in Guam,
shall be paid over to the treasury of the Virgin Islands and the
treasury of Guam, respectively.
``(c) Amount of Fees.--The Attorney General shall establish, and
may revise from time to time, the amount of the fees to be collected
pursuant to section 344(a) for deposit into the Account. The amount of
such fees may be set at a level that will ensure the full recovery of
the costs referred to in subsection (d)(1) and the costs of the
administration of such fees.
``(d) Use of Funds.--(1) The Attorney General may use funds in the
Account to cover the following:
``(A) The costs of the Agency in carrying out
naturalization functions under chapter 2 of this title.
``(B) The costs of the Agency in encouraging and assisting
eligible immigrants in becoming naturalized citizens under this
chapter, including the facilitation of instruction of
immigrants in the English language.
``(C) The costs of the Agency in collecting fees for
deposit into the Account and in administering the Account.
``(2) Amounts in the Account shall remain available until expended.
``(e) Annual Financial Statements.--The Attorney General shall
prepare and submit annually to Congress statements of financial
condition of the Account, including beginning account balance revenues,
withdrawals, and ending account balance and projections for the ensuing
fiscal year.''.
SEC. 4. CONFORMING AMENDMENTS.
The Immigration and Nationality Act is amended--
(1) in section 286 (8 U.S.C. 1356)--
(A) in the second proviso of subsection (m), by
striking ``and naturalization''; and
(B) in subsection (n), by striking ``and
naturalization''; and
(2) in section 332 (8 U.S.C. 1443)--
(A) in subsection (a), by inserting after the first
sentence the following new sentence: ``The Attorney
General shall discharge such provisions through the
United States Citizenship Promotion Agency established
under chapter 5 of this title.''; and
(B) by striking subsection (h). | Citizenship Promotion Act of 1996 - Amends the Immigration and Nationality Act to establish within the Immigration and Naturalization Service the United States Citizenship Promotion Agency. Transfers to the Agency naturalization and related functions currently carried out by the Attorney General and the Service.
Establishes the National Advisory Board on Citizenship.
Directs the Agency to carry out naturalization outreach activities.
Establishes in the Treasury the Naturalization Examinations Fee Account. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``School-Based Asthma Management
Program Act''.
SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED
SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE AND ASTHMA-
RELATED RESCUE MEDICATIONS.
Section 399L(d) of the Public Health Service Act (42 U.S.C.
280g(d)) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (F) to read as
follows:
``(F) School personnel administration of
epinephrine and asthma-related rescue medications.--In
determining the preference (if any) to be given to a
State under this subsection, the Secretary shall give
additional preference to a State that provides to the
Secretary the certification described in subparagraph
(G) and that requires that each public elementary
school and secondary school in the State--
``(i) permits trained personnel of the
school to administer epinephrine to any student
of the school reasonably believed to be having
an anaphylactic reaction;
``(ii) maintains a supply of epinephrine in
a secure location that is easily accessible to
trained personnel of the school for the purpose
of administration to any student of the school
reasonably believed to be having an
anaphylactic reaction;
``(iii) permits trained personnel of the
school to administer asthma-related rescue
medication to any student of the school
reasonably believed to have an asthma
diagnosis;
``(iv) maintains a supply of asthma-related
rescue medication and modes of delivery, such
as spacers or nebulizers, in a secure location
that is easily accessible to trained personnel
of the school for the purpose of administration
to any student of the school reasonably
believed to have an asthma diagnosis;
``(v) has in place a plan for having on the
premises of the school during all operating
hours of the school a school nurse or one or
more other individuals who are trained
personnel of the school; and
``(vi) has in place under the direction of
a school nurse a comprehensive school-based
asthma management program that includes--
``(I) a method to identify all
students of such school with a
diagnosis of asthma;
``(II) an individual student asthma
action plan for each student of such
school with a diagnosis of asthma;
``(III) asthma education for school
staff who are directly responsible for
students who have been identified as
asthmatic, such as education regarding
asthma basics, asthma management,
trigger management, and comprehensive
emergency responses to asthma attacks;
``(IV) asthma medication and
emergency policies that are specific to
the school;
``(V) efforts to reduce the
presence of environmental triggers of
asthma; and
``(VI) a system to support students
with a diagnosis of asthma through
coordination with family members of
such students, primary care providers
of such students, and others as
necessary.''; and
(B) in subparagraph (G), by inserting ``or asthma-
related rescue medication to a student reasonably
believed to have an asthma diagnosis,'' after
``epinephrine to a student reasonably believed to be
having an anaphylactic reaction''; and
(2) in paragraph (3)--
(A) in subparagraph (C)--
(i) by striking ``The term'' and inserting
``(i) The term''; and
(ii) by adding at the end the following new
clause:
``(ii) The term `asthma-related rescue medication'
means short-acting bronchodilators, such as albuterol
and levalbuterol.''; and
(B) in subparagraph (E)--
(i) in the matter preceding clause (i), by
inserting ``, such as the school nurse'' after
``individual'';
(ii) in clause (i)--
(I) by inserting ``school nurse
or'' before ``principal''; and
(II) by inserting ``and asthma-
related rescue medication'' after
``epinephrine'';
(iii) in clause (ii), by inserting ``and
asthma-related rescue medication'' after
``epinephrine''; and
(iv) in clause (iii), by inserting ``and
asthma-related rescue medication'' after
``epinephrine''. | School-Based Asthma Management Program Act This bill amends the Public Health Service Act to add requirements that states must meet to receive a preference for asthma grants. (Currently, the preference is given to states that meet requirements regarding administration of epinephrine to students having severe allergic reactions.) To receive the preference, states must additionally: (1) provide civil liability protection to trained school personnel who administer asthma-related rescue medication to a student with asthma; and (2) require schools to permit trained school personnel to administer asthma-related rescue medication to students with asthma, maintain a supply of asthma-related rescue medication, and have a comprehensive asthma management program. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Trade in Grain Act of 1993''.
SEC. 2. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER
IMPORTATION.
(a) Definitions.--As used in this section:
(1) Entry.--The term ``entry'' means the entry into, or the
withdrawal from warehouse for consumption in, the customs
territory of the United States.
(2) Foreign grain.--The term ``foreign grain'' means any of
the following, if a product of any foreign country or
instrumentality:
(A) Wheat provided for in heading 1001 of the
Harmonized Tariff Schedule of the United States.
(B) Barley provided for in heading 1003.00 of such
Schedule.
(C) Oats provided for in heading 1004.00.00 of such
Schedule.
(b) Certification Requirements Regarding Foreign Grain.--
(1) End-use certificate.--An end-use certificate that meets
the requirements of subsection (c) shall be included in the
documentation covering the entry of any foreign grain.
(2) Quarterly reports.--A consignee of imported foreign
grain shall submit to the Secretary of Agriculture a quarterly
report that certifies--
(A) what percentage of the foreign grain covered by
an end-use certificate was used by the consignee during
the quarter; and
(B) that the grain referred to in paragraph (1) was
used by the consignee for the purpose stated in the
end-use certificate.
(c) End-Use Certificate and Quarterly Report Content.--The end-use
certificates and quarterly reports required under subsection (b) shall
be in such form, and require such information, as the Secretary of
Agriculture considers necessary or appropriate to carry out the
purposes of this section, including--
(1) in the case of the end-use certificate--
(A) the name and address of the importer of record
of the foreign grain covered by the certificate;
(B) the name and address of the consignee of the
grain;
(C) the identification of the country of origin of
the grain;
(D) a description by class and quantity of the
grain;
(E) a specification of the purpose for which the
consignee will use the grain; and
(F) the identification of the transporter of the
grain from the port of entry to the processing facility
of the consignee; and
(2) in the case of the quarterly report--
(A) the information referred to in subparagraphs
(A) and (B) of paragraph (1);
(B) the identification of the end-use certificates
currently held by the consignee;
(C) a statement of the quantity of the foreign
grain covered by each of the end-use certificates
identified under subparagraph (B) that was used during
the quarter;
(D) a statement of the use made during the quarter
by the consignee of each quantity referred to in
subparagraph (C); and
(E) a statement of the quantity of wheat, barley,
and oats that have been exported by the consignee
during the quarter.
(d) Regulations.--The Secretary of Agriculture shall prescribe such
requirements regarding the preparation and submission of the quarterly
reports required under subsection (b)(2) as may be necessary or
appropriate to carry out this section.
(e) Penalties.--
(1) Customs penalties.--End-use certificates required under
this section shall be treated as any other customs
documentation for purposes of applying the customs laws that
prohibit the entry, or the attempt to enter, merchandise by
fraud, gross negligence, or negligence.
(2) Civil penalties.--Any person who knowingly violates any
requirement prescribed by the Secretary of Agriculture to carry
out this section is punishable by a civil penalty in an amount
not to exceed $10,000.
(f) Entry Prohibited Unless End-Use Certificate Presented.--The
Commissioner of Customs may not permit the entry of foreign grain
unless the importer of record presents at the time of entry of the
grain an end-use certificate that complies with the applicable
requirements of subsection (c).
SEC. 3. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE WHEAT EXPORTS TO
MEXICO.
Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5651(b)) is amended by adding at the end the following new paragraph:
``(9) Promotion of wheat exports to mexico.--In carrying
out the program established under this section, the Secretary
shall provide agricultural commodities or cash payments, or
both, to promote the export of wheat to Mexico.''.
SEC. 4. INITIATION OF INVESTIGATION WITH RESPECT TO CANADIAN WHEAT
SUBSIDIES.
Not later than 30 days after the date of the enactment of this Act,
the administering authority shall initiate a countervailing duty
investigation and an antidumping duty investigation under title VII of
the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the
subsidies provided by Canada in connection with the exportation of
wheat to the United States. | Fair Trade in Grain Act of 1993 - Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain; and (2) submit to the Secretary of Agriculture certain quarterly reports regarding the use of such grain.
Sets forth civil penalties.
Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry.
Amends the Agricultural Trade Act of 1978 to require the Secretary to provide agricultural commodities or cash payments, or both, to promote U.S. wheat exports to Mexico.
Directs the administering authority to initiate a countervailing duty and antidumping duty investigation with respect to Canadian subsidies for wheat exported to the United States. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Disclosure Act of 1997''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Insurer.--The term ``insurer'' means any person,
reciprocal exchange, interinsurer, Lloyds insurer, fraternal
benefit society, or other legal entity engaged in the business
of insurance, including agents, brokers, adjusters, and third
party administrators. The term also includes health benefit
plans, health carriers, and life, disability, and property and
casualty insurers.
(2) Health benefit plan.--The term ``health benefit plan''
means any public or private entity or program that provides for
payments for health care, including--
(A) a group health plan (as defined in section
2791(a)(1) of the Public Health Service Act (42 U.S.C.
300gg-91(a)(1)), section 733(a)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1191b(a)(1)), or section 5000(b)(1) of the Internal
Revenue Code of 1986));
(B) a multiple employer welfare arrangement (as
defined in section 3(40) of the Employee Retirement
Income Security Act (29 U.S.C. 1002(40))) that provides
benefits consisting of medical care (as defined in
section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))),
including items and services paid for as medical care;
(C) any other health insurance arrangement,
including any arrangement consisting of a hospital or
medical expense incurred policy or certificate,
hospital or medical service plan contract, or health
maintenance organization subscriber contract;
(D) workers' compensation or similar insurance to
the extent that it relates to workers' compensation
medical benefits (as defined in regulations of the
Secretary);
(E) automobile medical insurance to the extent that
it relates to medical benefits (as defined in
regulations of the Secretary); and
(F) any other insurance providing for enrollees
medical benefits (as defined in regulations of the
Secretary) in the event of sickness, accident,
disability, death, or unemployment.
(3) Health carrier.--The term ``health carrier'' means a
person that contracts or offers to contract on a risk-assuming
basis to provide, deliver, arrange for, pay for, or reimburse
any of the cost of health care services, including a sickness
and accident insurance company, a health maintenance
organization, a nonprofit hospital and health service
corporation, or any other entity providing a plan of health
insurance, health benefits, or health services.
(4) Policy.--The term ``policy'' means a contract of
insurance, certificate, indemnity, suretyship, or annuity
issued, proposed for issuance, or intended for issuance by an
insurer, including endorsements or riders to an insurance
policy or contract.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL
EXAMINATIONS.
An insurer shall take such actions as are necessary to ensure that,
in any case in which--
(1) a medical examination of an individual is required for
initial or continued enrollment under a policy issued by the
insurer, and
(2) such medical examination is conducted by a person who
is in the employ of the insurer or whose services are procured
otherwise by the insurer,
such individual (or the individual's legal guardian) is provided all
medical information obtained from such examination at the same time
that such information is made available to the insurer and is
encouraged to make such information available to such individual's own
physician.
SEC. 4. ENFORCEMENT.
(a) Applicability of Certain Public Health Service Act
Provisions.--
(1) In general.--For purposes of sections 2722 and 2723 of
the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23),
the provisions of section 3 shall be deemed provisions of part
A of title XXVII of such Act. For purposes of sections 2761 and
2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions
of section 3 shall be deemed provisions of part B of such title
XXVII.
(2) Rules of construction.--In applying such sections 2722,
2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C.
300gg-91(d)) pursuant to paragraph (1)--
(A) any reference to a ``health insurance issuer''
shall be deemed a reference to an insurer (as defined
in section 2(1)));
(B) any reference to ``health insurance coverage''
(including any such coverage offered in connection with
a group health plan) shall be deemed a reference to a
policy (as defined in section 2(4));
(C) any reference to a ``group health plan'' shall
be deemed a reference to a group insurance plan (as
defined in section 111(b)(1) of the Employee Retirement
Income Security Act of 1974, and subject to the same
rules as apply with respect to group health plans under
section 2721(a) of the Public Health Service Act (42
U.S.C. 300gg-21(a))); and
(D) any reference to part A or part B of title
XXVII of such Act shall be deemed a reference to
sections 2 through 6 of this Act.
(b) Private Cause of Action.--
(1) In general.--An individual who believes that he or she
has been adversely affected by an act or practice of an insurer
in violation of section 3 may maintain an action against the
insurer in a Federal or State court of original jurisdiction.
Upon proof of such conduct by a preponderance of the evidence,
the court may award appropriate relief, including temporary,
preliminary, and permanent injunctive relief and compensatory
and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and
expert witnesses. With respect to compensatory damages, the
aggrieved individual may elect, at any time prior to the
rendering of final judgment, to recover in lieu of actual
damages, an award of statutory damages in the amount of $10,000
for each violation. It shall be the duty of the Federal courts
to advance on the docket and to expedite to the greatest
possible extent the disposition of any action for temporary or
preliminary injunctive relief considered under this paragraph.
(2) Additional provisions relating to jurisdiction, venue,
attorney's fees, etc.--
(A) In general.--Subject to subparagraph (B),
subsections (d), (e), (f), (g), (h), and (j) of section
502 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j))
shall apply with respect to a cause of action under
paragraph (1) in the same manner and to the same extent
as such subsections apply with respect to a cause of
action under section 502(a)(1)(B) of such Act (29
U.S.C. 1132(a)(1)(B)).
(B) Rules of construction.--In applying such
subsections pursuant to subparagraph (A)--
(i) any reference to a ``participant'' or
``beneficiary'' shall be deemed a reference to
the aggrieved individual referred to in
paragraph (1);
(ii) any reference to an ``employee benefit
plan'' shall be deemed a reference to an
insurer (as defined in section (2)(A));
(iii) any reference to the Secretary of
Labor or the Secretary of the Treasury shall be
deemed a reference to the Secretary of Health
and Human Services; and
(iv) any reference to title I of such Act
shall be deemed a reference to sections 2
through 6 of this Act.
SEC. 5. EFFECT ON STATE LAW.
(a) In General.--Section 3 supersedes any provision of State law
which is inconsistent with any provision of such section, in terms of
providing less protection to individuals than is provided by such
section, but only to the extent of such inconsistency. Nothing in
section 3 shall be construed to--
(1) alter or relieve any insurer from the obligation to
comply with any State law with respect to insurers, policies,
and health benefit plans, except to the extent that such law is
inconsistent with any provision of section 3, or
(2) preclude a State from enacting any law or regulation
that affords a greater level or broader range of protections to
individuals under policies or health benefit plans.
(b) Definitions.--For purposes of this section, the terms ``State''
and ``State law'' have the meanings provided such terms under section
514(c) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1144(c)).
SEC. 6. REGULATIONS.
The Secretary (in consultation with the Secretary of Labor) shall
prescribe regulations to carry out the provisions of sections 2 through
5.
SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO
PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION
LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED
FOR COVERAGE UNDER SUCH PLANS.
(a) In General.--Part 1 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended--
(1) by redesignating section 111 (29 U.S.C. 1031) as
section 112; and
(2) by inserting after section 110 (29 U.S.C. 1030) the
following new section:
``disclosure to participants and beneficiaries of results of medical
examinations conducted by group insurance plans
``Sec. 111. (a) In General.--A group insurance plan, and any
insurer offering a policy in connection with such plan, shall take such
actions as are necessary to ensure that, in any case in which--
``(1) a medical examination of a participant or beneficiary
is required for initial or continued eligibility for benefits,
and
``(2) such medical examination is conducted by a person who
is in the employ of the plan or the insurer or whose services
are procured otherwise by the plan or the insurer,
such participant or beneficiary (or his or her legal guardian) is
provided all medical information obtained from such examination at the
same time that such information is made available to the plan or
insurer and is encouraged to make such information available to his or
her own physician.
``(b) Definitions.--For purposes of this section--
``(1) Group insurance plan.--The term `group insurance
plan' means an employee welfare benefit plan established and
maintained for the purpose of providing for its participants or
their beneficiaries, through the purchase of insurance or
otherwise, medical, surgical, or hospital care or benefits, or
benefits in the event of sickness, accident, disability, death,
or unemployment.
``(2) Policy.--The term ``policy'' means a contract of
insurance, certificate, indemnity, suretyship, or annuity,
including endorsements or riders to an insurance policy or
contract.
``(c) Effect on State Law.--This section supersedes any provision
of State law which is inconsistent with any provision of this section,
in terms of providing less protection to participants and beneficiaries
than is provided by this section, but only to the extent of such
inconsistency. Nothing in this section shall be construed to--
``(1) alter or relieve any plan administrator from the
obligation to comply with the laws of any State with respect to
group insurance plans, except to the extent that such laws are
inconsistent with any provision of this section, or
``(2) preclude a State from enacting any law or regulation
that affords a greater level or broader range of protections to
participants and beneficiaries under group insurance plans.
``(d) Expedited Consideration.--It shall be the duty of the Federal
courts to advance on the docket and to expedite to the greatest
possible extent the disposition of any action under section 502 for
temporary or preliminary injunctive relief from violations of this
section.
``(e) Regulations.--The Secretary (in consultation with the
Secretary of Health and Human Services) shall prescribe regulations to
carry out the provisions of this section.''.
(b) Penalties at $100 a Day for Failure to Disclose.--Section
502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by
striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1),
or section 111(a)''.
(c) Conforming Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 111 and inserting the
following new items:
``Sec. 111. Disclosure to participants and beneficiaries of results of
medical examinations conducted by group
insurance plans.
``Sec. 112. Repeal and effective date.''.
SEC. 8. EFFECTIVE DATE.
Sections 2, 3, 4, 5, and 6 shall apply with respect to any action
taken on or after the date of the enactment of this Act. The amendments
made by section 7 shall apply with respect to plan years beginning on
or after such date. | Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam (procured by the insurer) is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals.
(Sec. 7) Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam (procured by the insurer) is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief. | [
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] |
SECTION 1. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS.
(a) In General.--Section 304(a)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2414(a)(2)(A)) is amended by inserting after ``agreement,'' the
following: ``except an investigation initiated pursuant to section
302(b)(2)(A) involving rights under the Agreement on Trade-Related
Aspects of Intellectual Property Rights (defined in section 101(d)(15)
of the Uruguay Round Agreements Act) or the GATT 1994 (referred to in
section 101(d)(1) of such Act) relating to products subject to
intellectual property protection,''.
(b) Timeframe for TRIPS Agreement Determinations.--Section
304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows:
``(A) If an investigation is initiated under this chapter
by reason of section 302(b)(2) and--
``(i) the Trade Representative considers that
rights under the Agreement on Trade-Related Aspects of
Intellectual Property Rights or the GATT 1994 relating
to products subject to intellectual property protection
are involved, the Trade Representative shall make the
determination required under paragraph (1) not later
than 30 days after the date on which the dispute
settlement procedure is concluded; or
``(ii) the Trade Representative does not consider
that a trade agreement, including the Agreement on
Trade-Related Aspects of Intellectual Property Rights),
is involved or does not make a determination described
in subparagraph (B) with respect to such investigation,
the Trade Representative shall make the determinations
required under paragraph (1) with respect to such
investigation by no later than the date that is 6
months after the date on which such investigation is
initiated.''.
(c) Conforming Amendment.--Section 305(a)(2)(B) of the Trade Act of
1974 is amended by striking ``section 304(a)(3)(A)'' and inserting
``section 304(a)(3)(A)(ii)''.
SEC. 2. PETITIONS FOR REVIEW UNDER ATPA AND CBERA.
(a) ATPA.--Section 203 of the Andean Trade Preference Act (19
U.S.C. 3202) is amended by adding at the end the following new
subsection:
``(g) Petitions for Review.--The United States Trade Representative
shall ensure a timely review and disposition of requests received from
an interested party that the President reconsider the status of a
country as a beneficiary country under this Act.''.
(b) CBI.--Section 212 of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2702) is amended by adding at the end the following new
subsection:
``(g) Petitions for Review.--The United States Trade Representative
shall ensure a timely review and disposition of requests received from
an interested party that the President reconsider the status of a
country as a beneficiary country under this Act.''.
SEC. 3. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS UNDER GSP.
Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462(c)) is
amended by striking the semicolon at the end of paragraph (5) and
adding the following: ``notwithstanding the fact that the foreign
country may be in compliance with the specific obligations of the
Agreement on Trade-Related Aspects of Intellectual Property Rights
referred to in section 101(d)(15) of the Uruguay Round Agreements
Act;''.
SEC. 4. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS UNDER CBI.
(a) In General.--Section 212(c) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(c)) is amended by striking the semicolon
at the end of paragraph (9) and adding the following: ``notwithstanding
the fact that the foreign country may be in compliance with the
specific obligations of the Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in section 101(d)(15) of the
Uruguay Round Agreements Act;''.
(b) CBTPA Beneficiary Country.--Section 213(b)(5)(B)(ii) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)(ii)) is
amended to read as follows:
``(ii) The extent to which the country
provides adequate and effective protection of
intellectual property rights notwithstanding
the fact that the foreign country may be in
compliance with the specific obligations of the
Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in
section 101(d)(15) of the Uruguay Round
Agreements Act;''.
SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS UNDER THE ATPA.
(a) In General.--Section 203(d) of the Andean Trade Preference Act
(19 U.S.C. 3202(d)) is amended by striking the semicolon at the end of
paragraph (9) and adding the following: ``notwithstanding the fact that
the foreign country may be in compliance with the specific obligations
of the Agreement on Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) of the Uruguay Round
Agreements Act;''.
(b) ATPDEA Beneficiary Country.--Section 204(b)(6)(B)(ii) of the
Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)(ii)) is amended to
read as follows:
``(ii) The extent to which the country
provides adequate and effective protection of
intellectual property rights notwithstanding
the fact that the foreign country may be in
compliance with the specific obligations of the
Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in
section 101(d)(15) of the Uruguay Round
Agreements Act.''. | Amends the Trade Act of 1974 to require the U.S. Trade Representative (USTR) to make specified determinations about U.S. rights within 30 days after a dispute settlement procedure is concluded if the USTR considers that U.S. rights are involved under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) or the GATT 1994 relating to products subject to intellectual property protection.
Amends the Andean Trade Preference Act (ATPA) and the Caribbean Basin Economic Recovery Act (CBERA) to require the USTR to ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under such Acts.
Amends the Trade Act of 1974, CBERA, and ATPA to revise the requirement that the President, when making a determination to designate a country as a beneficiary developing country entitled to certain trade benefits, to take into account, among other things, the extent to which such country is providing adequate and effective protection of intellectual property rights. Requires the President to make such determination notwithstanding the fact that the country may be in compliance with TRIPS (thus making TRIPS compliance necessary but not sufficient evidence of adequate and effective protection of intellectual property rights). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``University Transit Rider Innovation
Program Act of 2015'' or ``UTRIP Act''.
SEC. 2. FORMULA GRANTS TO INCREASE PUBLIC TRANSPORTATION RIDERSHIP BY
COLLEGE STUDENTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended--
(1) by inserting after section 5307 the following:
``Sec. 5308. Formula grants to increase ridership by college students
``(a) Definitions.--In this section--
``(1) the term `covered student' means an undergraduate or
graduate student attending an institution of higher education;
``(2) the term `eligible entity' means--
``(A) a recipient or subrecipient that provides
covered students a discounted fare for public
transportation that meets the requirements under
subsection (d)(1); or
``(B) a recipient that allocates amounts provided
to the recipient under a grant under this section to a
subrecipient described in subparagraph (A);
``(3) the term `institution of higher education' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001);
``(4) the term `large urbanized area' means an urbanized
area with a population of not less than 200,000 individuals, as
determined by the Bureau of the Census;
``(5) the term `recipient' means a designated recipient, a
local governmental authority, or a State;
``(6) the term `small urbanized area' means an urbanized
area with a population of less than 200,000 individuals, as
determined by the Bureau of the Census; and
``(7) the term `subrecipient' means a State or local
governmental authority, a private nonprofit organization, or an
operator of public transportation services, including a private
operator of public transportation services.
``(b) General Authority.--
``(1) Grants.--The Secretary may make grants under this
section to recipients that are eligible entities to increase
the use of public transportation by covered students in
accordance with subsection (c).
``(2) Subrecipients.--A recipient that receives a grant
under this section may allocate the amounts provided under the
grant to subrecipients that are eligible entities to increase
the use of public transportation by covered students in
accordance with subsection (c).
``(c) Use of Funds.--An eligible entity may use amounts provided
under a grant under this section to--
``(1) offset decreased revenue resulting from providing
discounted fares to covered students;
``(2) provide general operating assistance to public
transportation services and routes designed to better serve
institutions of higher education; or
``(3) pay for capital costs associated with expanding and
maintaining public transportation services and routes designed
to serve institutions of higher education.
``(d) Discounted Fare.--
``(1) In general.--In order to qualify as an eligible
entity described in subsection (a)(2)(A), a recipient or
subrecipient shall provide to covered students a discounted
fare for public transportation that is--
``(A) not more than 75 percent of the fare; and
``(B) applicable to both monthly and single-ride
fares.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to prohibit a recipient or subrecipient that, as
of the date of enactment of the University Transit Rider
Innovation Program Act of 2015, provides a discounted fare to
covered students that meets the requirements under paragraph
(1), including a discounted fare that is lower than 75 percent
of the fare, from qualifying as an eligible entity described in
subsection (a)(2)(A).
``(e) Apportionment and Transfers.--
``(1) Formula.--The Secretary shall apportion amounts made
available to carry out this section as follows:
``(A) Large urbanized areas.--Sixty percent of the
funds shall be apportioned among designated recipients
for large urbanized areas in the ratio that--
``(i) the number of full-time equivalent
covered students in each such urbanized area;
bears to
``(ii) the number of full-time equivalent
covered students in all such urbanized areas.
``(B) Small urbanized areas.--Twenty percent of the
funds shall be apportioned among the States in the
ratio that--
``(i) the number of full-time equivalent
covered students in small urbanized areas in
each State; bears to
``(ii) the number of full-time equivalent
covered students in small urbanized areas in
all States.
``(C) Rural areas.--Twenty percent of the funds
shall be apportioned among the States in the ratio
that--
``(i) the number of full-time equivalent
covered students in rural areas in each State;
bears to
``(ii) the number of full-time equivalent
covered students in rural areas in all States.
``(2) Areas served by projects.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) funds apportioned under paragraph
(1)(A) shall be used to serve covered students
or institutions of higher education in large
urbanized areas;
``(ii) funds apportioned under paragraph
(1)(B) shall be used to serve covered students
or institutions of higher education in small
urbanized areas; and
``(iii) funds apportioned under paragraph
(1)(C) shall be used to serve covered students
or institutions of higher education in rural
areas.
``(B) Exceptions.--A State may use funds
apportioned to the State under subparagraph (B) or (C)
of paragraph (1)--
``(i) to serve covered students or
institutions of higher education in an area
other than an area specified in subparagraph
(A)(ii) or (A)(iii), as the case may be, if the
Governor of the State certifies that all of the
objectives of this section are being met in the
area specified in subparagraph (A)(ii) or
(A)(iii); or
``(ii) to serve covered students or
institutions of higher education anywhere in
the State, if the State has established a
statewide program for meeting the objectives of
this section.
``(C) Consultation.--A recipient may transfer an
amount under subparagraph (B) only after consulting
with responsible local officials, publicly owned
operators of public transportation, and nonprofit
providers in the area for which the amount was
originally apportioned.''; and
(2) in section 5338(a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``$9,347,604,639'' and inserting
``$9,597,604,639'';
(ii) in subparagraph (B), by striking
``$9,534,706,043'' and inserting
``$9,784,706,043'';
(iii) in subparagraph (C), by striking
``$9,733,353,407'' and inserting
``$9,983,353,407'';
(iv) in subparagraph (D), by striking
``$9,939,380,030'' and inserting
``$10,189,380,030''; and
(v) in subparagraph (E), by striking
``$10,150,348,462'' and inserting
``$10,400,348,462''; and
(B) in paragraph (2)--
(i) in subparagraph (M), by striking
``and'' at the end;
(ii) in subparagraph (N), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(M) $250,000,000 for each of fiscal years 2016
through 2020 shall be available to carry out section
5308.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
53 of title 49, United States Code, is amended by striking the
item relating to section 5308 and inserting the following:
``5308. Formula grants to increase ridership by college students.''.
(2) Obligation ceiling.--Section 3018 of the Federal Public
Transportation Act of 2015 (title III of Public Law 114-94) is
amended--
(A) in paragraph (1), by striking
``$9,347,604,639'' and inserting ``$9,597,604,639'';
(B) in paragraph (2), by striking
``$9,733,706,043'' and inserting ``$9,983,706,043'';
(C) in paragraph (3), by striking
``$9,733,353,407'' and inserting ``$9,983,353,407'';
(D) in paragraph (4), by striking
``$9,939,380,030'' and inserting ``$10,189,380,030'';
and
(E) in paragraph (5), by striking
``$10,150,348,462'' and inserting ``$10,400,348,462''. | University Transit Rider Innovation Program Act of 2015 or the UTRIP Act This bill authorizes the Department of Transportation (DOT) to make grants to designated recipients, local or state governmental authorities, private nonprofit organizations, or operators of public transportation services (recipients) to increase the use of public transportation by undergraduate or graduate students attending an institution of higher education (covered students). A recipient may use amounts provided under a grant to: offset decreased revenue resulting from providing discounted fares to covered students, provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education, or pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve such institutions. To be eligible for a grant, a recipient must provide to covered students a discounted fare for public transportation that is: (1) not more than 75% of the fare, and (2) applicable to both monthly and single-ride fares. DOT shall apportion amounts made available to carry out this Act to large urbanized areas, small urbanized areas, and rural areas based on the relative numbers of full-time equivalent covered students in such areas, according to a specified formula, with specified exceptions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Task Force Act of
2012''.
SEC. 2. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO
CHILDREN.
(a) Establishment.--The Secretary of Health and Human Services and
the Administrator of the Environmental Protection Agency, acting
jointly, shall establish and maintain a permanent task force, to be
known as the Task Force on Environmental Health Risks and Safety Risks
to Children (in this Act referred to as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of the following
officials (or their designees):
(1) The Secretary of Health and Human Services, who shall
serve as a Co-Chair of the Task Force.
(2) The Administrator of the Environmental Protection
Agency, who shall serve as a Co-Chair of the Task Force.
(3) The Secretary of Education.
(4) The Secretary of Labor.
(5) The Attorney General of the United States.
(6) The Secretary of Energy.
(7) The Secretary of Housing and Urban Development.
(8) The Secretary of Agriculture.
(9) The Secretary of Transportation.
(10) The Secretary of Defense.
(11) The Secretary of the Interior.
(12) The Director of the Office of Management and Budget.
(13) The Chair of the Council on Environmental Quality.
(14) The Chair of the Consumer Product Safety Commission.
(15) Such other officials of Federal departments and
agencies as the Secretary of Health and Human Services and the
Administrator of the Environmental Protection Agency, acting
jointly, may designate or invite (as appropriate) to serve on
the Task Force.
(c) Stakeholders.--The Secretary of Health and Human Services and
the Administrator of the Environmental Protection Agency, acting
jointly, shall, as appropriate, invite representatives of stakeholders
to attend meetings of the Task Force, appear before the Task Force, and
file statements with the Task Force, subject to such requirements as
the Secretary and Administrator may determine.
(d) Functions.--The Task Force shall recommend to the President and
the Congress Federal strategies for addressing environmental health
risks and safety risks to children in the United States, within
projected budgetary limits, including the following:
(1) Adoption of action plans, including multiyear and
annual priorities, to address the principal environmental
health risks and safety risks to children.
(2) Initiatives that the Federal Government has undertaken
or will undertake in addressing the principal environmental
health risks and safety risks to children.
(3) Recommendations on how to improve cross-agency
implementation of actions, including cross-agency budgeting, to
address environmental health risks and safety risks to
children.
(4) Recommendations for a coordinated research agenda for
the Federal Government to address environmental health risks
and safety risks to children.
(5) Recommendations for appropriate partnerships among
Federal, State, local, and tribal governments and the private,
academic, and nonprofit sectors.
(6) Proposed ways to enhance public outreach and
communication to assist families in evaluating environmental
health risks and safety risks to children and in making
informed consumer choices.
(7) Proposed ways to strengthen the data system in order to
identify and track development of rulemakings and other actions
to ensure they comply with current policy on evaluating
environmental health risks and safety risks to children.
(e) Reports.--
(1) Biennial reports.--Not later than July 31, 2013, and
biennially thereafter, the Task Force shall submit to the
President and the Congress, make publicly available, and
disseminate widely a report including--
(A) the strategies developed and updated under
subsection (d);
(B) in the case of reports subsequent to the first
report, a description of the accomplishments of the
Task Force since the preceding report;
(C) current national priorities for addressing
environmental health risks and safety risks to children
in the United States and any related emerging issues;
(D) updates on Federal research findings and
research needs regarding environmental risks and safety
risks to children;
(E) information submitted to the Task Force by
Federal departments and agencies for inclusion in the
report;
(F) appropriate recommendations by the Children's
Health Protection Advisory Committee; and
(G) information submitted by stakeholders for
inclusion in the report.
(2) Additional reporting.--In addition to the biennial
reports under paragraph (1), the Task Force--
(A) may, as appropriate, submit to the President
and the Congress such additional reports and updates as
necessary;
(B) shall make any such reports and updates
publicly available; and
(C) shall disseminate widely any such reports and
updates.
(f) Meetings.--
(1) In general.--The Task Force shall meet at least
annually.
(2) Notice.--The Task Force shall--
(A) publish in the Federal Register timely notice
of each upcoming meeting of the Task Force; and
(B) provide for other types of public notice to
ensure that all interested persons receive timely
notice of each upcoming meeting of the Task Force.
(3) Minutes.--
(A) In general.--The Task Force shall record and
maintain detailed minutes of each meeting of the Task
Force, including--
(i) the meeting agenda;
(ii) a record of the persons present;
(iii) a complete and accurate description
of matters discussed at the meeting and
conclusions reached; and
(iv) copies of all reports received,
issued, or approved by the Task Force in
connection with the meeting.
(B) Public availability; copying.--The Task Force
shall make such minutes available for public inspection
and copying.
(C) Accuracy.--The Co-Chairs of the Task Force
shall certify the accuracy of all such minutes.
(g) Termination of Existing Task Force.--The Task Force on
Environmental Health Risks and Safety Risks to Children established by
Executive Order 13045 (April 21, 1997) is hereby terminated.
(h) Authorization of Appropriations.--To carry out this Act, there
are authorized to be appropriated such sums as may be necessary for
fiscal year 2013 and each subsequent fiscal year. | Children's Health Task Force Act of 2012 - Directs the Secretary of Health and Human Services (HHS) and the Administrator of the Environmental Protection Agency (EPA) to) establish and maintain a permanent Task Force on Environmental Health Risks and Safety Risks to Children, which shall recommend federal strategies for addressing environmental health risks and safety risks to children in the United States, within projected budgetary limits.
Requires such strategies to include: (1) adoption of action plans, including multiyear and annual priorities, to address the principal risks; (2) government initiatives to address such risks; (3) recommendations on how to improve cross-agency implementation of actions to address such risks; (4) recommendations for a coordinated research agenda for the government to address such risks; (5) recommendations for partnerships among federal, state, local, and tribal governments and the private, academic, and nonprofit sectors; (6) proposed ways to enhance public outreach and communication to assist families in evaluating such risks and in making informed consumer choices; and (7) proposed ways to strengthen the data system in order to identify and track development of rulemakings and other actions to ensure they comply with current policy on evaluating such risks.
Directs the Task Force to submit, make publicly available, and disseminate widely a biennial report including: (1) the strategies developed and updated, (2) a description of the Task Force's accomplishments, (3) current national priorities for addressing such risks and any related emerging issues, (4) updates on federal research findings and research needs regarding such risks, (5) information submitted by federal agencies and by stakeholders for inclusion in the report, and (6) recommendations by the Children's Health Protection Advisory Committee. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hunt Unrestricted on National
Treasures Act'' or the ``HUNT Act''.
SEC. 2. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, each head of a Federal
public land management agency shall make available to the public on the
Web site of the agency a report that includes--
(1) a list of the location and acreage of lands more than
640 acres in size under the jurisdiction of such agency on
which the public is allowed under Federal or State law to hunt,
fish, or to use such lands for other recreational purposes--
(A) to which there is no public access or egress;
or
(B) to which public access or egress to the legal
boundaries of such lands is significantly restricted
(as determined by the head of such agency);
(2) with respect to lands under the jurisdiction of the
agency that are described in paragraph (1), a list of the lands
that the head of such agency determines have significant
potential for use for hunting, fishing, and other recreational
purposes; and
(3) with respect to lands under the jurisdiction of the
agency listed under paragraph (2), a plan developed by the
agency that--
(A) identifies how public access and egress could
reasonably be provided to the legal boundaries of such
lands in a manner that minimizes the impact on wildlife
habitat and water quality;
(B) specifies the actions recommended to secure
such access and egress, including acquiring an
easement, right-of-way, or fee title from a willing
owner of lands abutting such lands or the need to
coordinate with State land management agencies or other
Federal or State governmental entities to allow for
such access and egress; and
(C) is consistent with the travel management plan
in effect on such lands.
(b) List of Public Access Routes for Certain Lands.--Not later than
one year after the date of the enactment of this Act, each head of a
Federal public land management agency shall make available to the
public on the Web site of the agency, and thereafter revise as the head
of the agency determines is appropriate, a list of roads or trails that
provide the primary public access and egress to the legal boundaries of
contiguous parcels of land equal to more than 640 acres in size under
the jurisdiction of such agency on which the public is allowed under
Federal or State law to hunt, fish, or to use such lands for other
recreational purposes.
(c) Means of Public Access and Egress Included.--When considering
public access and egress under subsections (a) and (b), the head of a
Federal public land management agency shall consider public access and
egress to the legal boundaries of lands described in such subsections,
including access and egress--
(1) by motorized or non-motorized vehicles; and
(2) on foot or horseback.
(d) Definitions.--In this section:
(1) The term ``Federal public land management agency''
means the National Park Service, the United States Fish and
Wildlife Service, the Forest Service, and the Bureau of Land
Management.
(2) The term ``travel management plan'' means a plan for
the management of travel--
(A) with respect to lands under the jurisdiction of
the National Park Service, on park roads and designated
routes under section 4.10 of title 36 of the Code of
Federal Regulations (or successor regulation);
(B) with respect to lands under the jurisdiction of
the United States Fish and Wildlife Service, on such
lands under a comprehensive conservation plan required
under section 4(e) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(e));
(C) with respect to lands under the jurisdiction of
the Forest Service, on National Forest System lands
under part 212 of title 36 of the Code of Federal
Regulations (or successor regulations); and
(D) with respect to lands under the jurisdiction of
the Bureau of Land Management, under a resource
management plan developed under the Federal Land Policy
and Management Act (43 U.S.C. 1701 et seq.).
SEC. 3. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL
PURPOSES.
Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9) is amended by adding at the end the following:
``Recreational public access to federal land.--In an amount
not less than 1.5 percent of such moneys, for projects that
secure public access to Federal land for hunting, fishing, and
other recreational purposes through easements, rights-of-way,
or fee title acquisitions, from willing sellers.''. | Hunt Unrestricted on National Treasures Act or the HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the lands more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes and to which there is no public access or egress or to which such access or egress to the lands' legal boundaries is significantly restricted; (2) a list of such lands that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect.
Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes.
Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5 % of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rare Earths Supply Technology and
Resources Transformation Act of 2010'' or the ``RESTART Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Significant quantities of rare earths are used in the
production of clean energy technologies, including advanced
automotive propulsion batteries, electric motors, high-
efficiency light bulbs, solar panels, and wind turbines. These
technologies are used to advance the United States energy
policy of reducing dependence on foreign oil and decreasing
greenhouse gas emissions through expansion of cleaner sources
of energy.
(2) Many modern defense technologies such as radar and
sonar systems, precision-guided weapons, cruise missiles, and
lasers cannot be built, as designed and specified, without the
use of rare earths and materials produced from them.
(3) Rare earths also provide core functionality to a
variety of high technology applications in computing, pollution
abatement, power generation, water treatment, oil refining,
metal alloying, communications, health care, agriculture, and
other sectors.
(4) Though at least 15 percent of the world's rare earth
reserves are located within the United States, the country now
depends upon imports for nearly 100 percent of its rare earth
needs because there are virtually no active rare earth
producers in the United States. More than 97 percent of all
rare earths for world consumption are produced in China.
(5) The ability--and willingness--of China to export rare
earths is eroding due to its growing domestic demand, its
enforcement of environmental law on current producers, and its
mandate to consolidate the industry by decreasing its number of
mining permits. The Chinese Ministry of Industry and
Information Technology draft rare earths plan for 2009 to 2015
proposes an immediate ban on the export of dysprosium, terbium,
thulium, lutetium, and yttrium, the so-called ``heavy'' rare
earths, and a restriction on the exports of all other, light,
rare earth metals to a level well below that sufficient to
satisfy the demand of Japan in 2008 alone for such metals.
(6) Furthermore, the United States has limited rare earth
production, remains entirely dependent on overseas refineries
for further elemental and alloy processing, and does not
currently maintain a ``strategic reserve'' of rare earth
compounds, metals, or alloys.
(7) Rare earths should qualify as materials either
strategic or critical to national security. The United States
Government should facilitate the domestic reintroduction of a
globally competitive rare earth industry that is self-
sufficient in the United States domestic market with multiple
sources of mining, processing, alloying, and manufacturing.
(8) This self-sufficiency requires an uninterrupted supply
of strategic materials critical to national security and
innovative commercial product development, including rare
earths, to support the clean energy and defense supply chains.
(9) The United States currently cannot reclaim valuable
rare earths and permanent magnets from scrapped military or
consumer products, industrial materials or equipment, which
allows entities in other countries to identify and recover such
materials for resale to United States manufacturers at
considerable cost.
(10) There is an urgent need to identify the current global
market situation regarding rare earths, the strategic value
placed on them by foreign nations including China, and the
supply-chain vulnerabilities related to rare earths and
products containing rare earths.
SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.
(a) Policy.--It is the policy of the United States that each
Federal agency shall take appropriate actions, to the extent consistent
with applicable law, to expedite permitting and projects that will
increase exploration for, and development of, domestic rare earths.
(b) Rare Earth Policy Task Force.--
(1) Establishment.--There is established within the
Department of the Interior a task force to be known as the
``Rare Earth Policy Task Force'' (referred to in this section
as the ``Task Force''), which shall report to the President
through the Secretary of the Interior.
(2) Composition.--The Task Force shall be composed of the
following:
(A) The Secretary of the Interior (or a designee),
who shall serve as chair of the Task Force.
(B) The Secretary of Energy (or a designee).
(C) The Secretary of Agriculture (or a designee).
(D) The Secretary of Defense (or a designee).
(E) The Secretary of Commerce (or a designee).
(F) The Secretary of State (or a designee).
(G) The Director of the Office of Management and
Budget (or a designee).
(H) The Chairman of the Council on Environmental
Quality (or a designee).
(I) Such other members as the Secretary of the
Interior considers appropriate.
(c) Duties.--The Task Force shall--
(1) monitor and assist Federal agencies in expediting the
review and approval of permits or other actions, as necessary,
to accelerate the completion of projects that will increase
investment in, exploration for, and development of domestic
rare earths pursuant to the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), the Act of June 4, 1897
(commonly known as the ``Organic Act of 1897'' (16 U.S.C. 473-
482, 551), the National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.), and any other applicable statutory
authorities related to domestic mining operations;
(2) assist Federal agencies in reviewing laws (including
regulations) and policies that discourage investment in,
exploration for, and development of domestic rare earths
pursuant to Federal Land Policy and Management Act of 1976, the
Act of June 4, 1897, the National Forest Management Act of
1976, and any other applicable statutory authorities related to
domestic mining operations; and
(3) take such other actions to otherwise increase
investment in, exploration for, and development of domestic
rare earths as the Task Force considers appropriate.
(d) Annual Reports.--At least once each year, the Task Force shall
submit to the President, the Committee on Natural Resources of the
Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Natural Resources of the House of
Representatives a report setting forth the following:
(1) A description of the results of the coordinated and
expedited review of permits or other actions to promote
investment in, exploration for, and development of domestic
rare earths, and an identification of the procedures and
actions that have proven to be the most useful and appropriate
in coordinating and expediting the review of projects that will
increase investment in, exploration for, and development of
domestic rare earths.
(2) An identification of the substantive and procedural
requirements of Federal, State, tribal, and local laws
(including regulations) and Executive orders that are
inconsistent with, duplicative of, or structured so as to
restrict effective implementation of the projects described in
paragraph (1).
(3) Such recommendations as the Task Force considers
appropriate to advance the policy set forth in subsection (a).
(e) Judicial Review.--
(1) In general.--Nothing in this section shall be construed
to affect any judicial review of an agency action under any
other provision of law.
(2) Construction.--This section--
(A) is intended to improve the internal management
of the Federal Government; and
(B) does not create any right or benefit,
substantive or procedural, enforceable at law or equity
by a party against the United States (including an
agency, instrumentality, officer, or employee of the
United States) or any other person.
SEC. 4. ASSESSMENT OF RARE EARTH SUPPLY CHAIN VULNERABILITY.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Energy shall jointly, in consultation with the Secretary of Defense,
the Secretary of Commerce, the Secretary of State, and the United
States Trade Representative--
(1) undertake an assessment of the domestic rare earth
supply chain;
(2) determine pursuant to such assessment which rare earth
elements are critical to clean energy technologies and the
national and economic security of the United States; and
(3) submit to Congress a report setting forth the results
of such assessment and determination.
(b) Establishment of Stockpile.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Interior and
the Secretary of Energy shall jointly, in consultation with the
Secretary of Defense, the Secretary of Commerce, the Secretary of
State, and the United States Trade Representative, submit to Congress a
report setting forth the following:
(1) An assessment whether or not the rare earth materials
determined to be critical to clean energy technologies and the
national and economic security of the United States pursuant to
subsection (a)(2) should be procured and placed in a stockpile.
(2) An assessment whether or not adequate legal authorities
exist to procure and place in a stockpile the rare earth
materials so determined to be critical to clean energy
technologies and the national and economic security of the
United States.
(3) Recommendations on the criteria to be utilized in
determining the commencement and termination of the stockpiling
of such rare earth materials.
(c) Stockpile Defined.--In this section, the term ``stockpile''
means a strategic reserve of rare earth oxides, and storable forms of
rare earths and alloys for purposes of clean energy technology and the
national and economic security of the United States.
SEC. 5. LOAN GUARANTEES FOR THE DOMESTIC RARE EARTH SUPPLY CHAIN.
(a) Report to Industry.--Not later than 90 days after the date of
the enactment of the Act, the Secretary of Energy shall issue a report
to industry describing available mechanisms for obtaining government
loan guarantees for purposes of reestablishing a domestic rare earth
supply chain.
(b) Department of Energy Support.--Not later than 90 days after the
date of the enactment of the Act, the Secretary of Energy shall issue
guidance for the rare earth industry on obtaining loan guarantees under
title XVII of the Energy Policy Act of 2005 (Public Law 109-58; 22
U.S.C. 16511 et seq.) and the American Recovery and Reinvestment Act of
2009 (Public Law 111-16) for purposes of supporting the reestablishment
of mining, separation, purification, metal processing, refining,
alloying, and manufacturing operations in the United States relating to
rare earths that will support the domestic clean energy technology and
defense supply chains.
SEC. 6. DEFENSE-RELATED PRODUCTION OF RARE EARTHS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States faces a shortage of key rare earth
materials that form the backbone of both the defense and energy
supply chains; and
(2) the urgent need to reestablish a domestic rare earth
supply chain warrants a prioritization of projects under the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to
support the reestablishment of such a supply chain.
(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 describing past, current, and future projects under
the Defense Production Act of 1950 to support the domestic rare earth
supply chain. If no such project is in process or planned as of the
date of the report, the report shall include a justification for the
lack of projects to support a domestic rare earth supply chain,
particularly projects to establish or support domestic manufacturing
capability in critical segments of the rare earth market.
SEC. 7. SUPPORT FOR DOMESTIC RARE EARTH SUPPLY CHAIN.
It is the sense of Congress that, in order to reestablish the
security of rare earth supplies within the United States, and
associated technologies--
(1) there is a pressing need to support innovation,
training, and workforce development in the domestic rare earth
supply chain;
(2) the Department of Energy, the Department of the
Interior, the Department of Commerce, and the Department of
Defense should each, utilizing funds available to such
department for basic research and development, provide funds to
academic institutions, Government laboratories, corporate
research and development, not-for-profit research and
development, and industry associations in support of
innovation, training, and workforce development in the domestic
rare earth supply chain; and
(3) in providing funds under paragraph (2), the Department
of Energy, the Department of the Interior, the Department of
Commerce, and the Department of Defense should give priority to
academic institutions, Government laboratories, corporations,
not-for-profit entities, and industry associations that will
utilize domestically produced rare earths and associated
materials.
SEC. 8. RESTRICTIONS.
(a) Limitation on Divestment of Facilities Created.--No recipient
of appropriated funds for the purposes of supporting the
reestablishment of a domestic rare earth supply chain, may divest any
resources or assets funded, whether in whole or in part, by such
appropriated funds to any foreign-owned or controlled entity without
the concurrence of the Secretary of Energy, the Secretary of Defense,
and the Secretary of Commerce.
(b) Enhancing National Security.--Any recipient of appropriated
funds obtained in connection with the reestablishment of a domestic
rare earth supply chain shall be subject to the provisions of section
2538 of title 10, United States Code, in the utilization of such funds,
including with respect to any rare earth-related material sold by such
recipient in the commercial marketplace.
SEC. 9. DEFINITIONS.
In this Act:
(1) Alloy.--The terms ``alloy'' means a partial or complete
solid solution of one or more elements in a metallic matrix.
(2) Alloying.--The term ``alloying'' means the melting of
metal to create a metallic matrix.
(3) Clean energy technology.--The term ``clean energy
technology'' means a technology related to the production, use,
transmission, storage, control, or conservation of energy that
will--
(A) reduce the need for additional energy supplies
by using existing energy supplies with greater
efficiency or by transmitting, distributing, or
transporting energy with greater effectiveness through
the infrastructure of the United States;
(B) diversify the sources of energy supply of the
United States to strengthen energy security and to
increase supplies with a favorable balance of
environmental effects if the entire technology system
is considered; or
(C) contribute to a stabilization of atmospheric
greenhouse gas concentrations through reduction,
avoidance, or sequestration of energy-related
emissions.
(4) Process.--The term ``process'', in the case of a rare
earth oxide, means the conversion of the oxide into usable rare
earth metals and specialty alloys and powders for domestic
magnet and other manufacturing.
(5) Rare earth.--The term ``rare earth''--
(A) means the chemical elements in the periodic
table from lanthanum (atomic number 57) up to and
including lutetium (atomic number 71); and
(B) includes the chemical elements yttrium and
scandium.
(6) Refine.--The term ``refine'', in the case of a rare
earth extracted from rock, means the separation and
purification of the rare earth to commercial grades of oxides
or other salts such as oxalates or chlorides. | Rare Earths Supply Technology and Resources Transformation Act of 2010 or RESTART Act - Establishes within the Department of the Interior the Rare Earth Policy Task Force to monitor and assist federal agencies in expediting the review and approval of permits to accelerate the completion of projects that will increase investment in, exploration for, and development of domestic rare earths.
Directs the Secretaries of the Interior and of Energy to assess and report to Congress on: (1) the domestic rare earth supply chain; (2) rare earth elements critical to clean energy technologies and the national security; and (3) whether critical rare earth materials should be stockpiled.
Instructs the Secretary of Energy to: (1) report to industry describing available mechanisms for obtaining government loan guarantees to reestablish a domestic rare earth supply chain; and (2) issue guidance for the rare earth industry on obtaining federal loan guarantees.
Directs the Secretary of Defense to report to Congress on past, current, and future projects to support the domestic rare earth supply chain.
Expresses the sense of Congress that: (1) the United States faces a shortage of key rare earth materials that form the backbone of both the defense and energy supply chains; (2) the urgent need to reestablish a domestic rare earth supply chain warrants a statutory prioritization of projects to support such reestablishment; (3) there is a pressing need to support innovation, training, and workforce development in the domestic rare earth supply chain; and (4) the Departments of Energy, of the Interior, of Commerce, and of Defense should each provide funds to academic institutions, federal laboratories, and private entities for innovation, training, and workforce development in the domestic rare earth supply chain. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban Poisonous Additives Act of
2011''.
SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.
(a) Ban on Use of Bisphenol A in Food and Beverage Containers for
Children.--
(1) Baby food; unfilled baby bottles and cups.--Section 402
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is
amended by adding at the end the following:
``(j)(1) If it is a food intended for children 3 years of age or
younger, the container of which (including the lining of such
container) is composed, in whole or in part, of bisphenol A.
``(2) If it is a baby bottle or cup that is composed, in whole or
in part, of bisphenol A.''.
(2) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end
the following:
``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the
term `baby bottle or cup' means a bottle or cup that--
``(1) is intended to aid in the feeding or providing of
drink to children 3 years of age or younger; and
``(2) does not contain a food when such bottle or cup is
sold or distributed at retail.''.
(3) Effective dates.--
(A) Baby food.--Section 402(j)(1) of the Federal
Food, Drug, and Cosmetic Act, as added by paragraph
(1), shall take effect 1 year after the date of
enactment of this Act.
(B) Unfilled baby bottles and cups.--Section
402(j)(2) of the Federal Food, Drug, and Cosmetic Act,
as added by paragraph (1), shall take effect 180 days
after the date of enactment of this Act.
(b) Ban on Use of Bisphenol A in Infant Formula Containers.--
(1) In general.--Section 412(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350a(a)) is amended--
(A) in paragraph (2), by striking ``, or'' and
inserting ``,'';
(B) in paragraph (3), by striking the period at the
end and inserting ``, or''; and
(C) by adding at the end the following:
``(4) the container of such infant formula (including the
lining of such container and, in the case of infant formula
powder, excluding packaging on the outside of the container
that does not come into contact with the infant formula powder)
is composed, in whole or in part, of bisphenol A.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect 18 months after the date of enactment of this
Act.
(c) Regulation of Other Containers Composed of Bisphenol A.--
(1) Safety assessment of products composed of bpa.--Not
later than December 1, 2012, the Secretary of Health and Human
Services (referred to in this Act as the ``Secretary'') shall
issue a revised safety assessment for food containers composed,
in whole or in part, of bisphenol A, taking into consideration
different types of such food containers and the use of such
food containers with respect to different foods, as
appropriate.
(2) Safety standard.--Through the safety assessment
described in paragraph (1), and taking into consideration the
requirements of section 409 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21,
Code of Federal Regulations, the Secretary shall determine
whether there is a reasonable certainty that no harm will
result from aggregate exposure to bisphenol A through food
containers or other items composed, in whole or in part, of
bisphenol A, taking into consideration potential adverse
effects from low dose exposure, and the effects of exposure on
vulnerable populations, including pregnant women, infants,
children, the elderly, and populations with high exposure to
bisphenol A.
(3) Application of safety standard to alternatives.--The
Secretary shall use the safety standard described under
paragraph (2) to evaluate the proposed uses of alternatives to
bisphenol A.
(d) Savings Provision.--Nothing in this section shall affect the
right of a State, political subdivision of a State, or Indian Tribe to
adopt or enforce any regulation, requirement, liability, or standard of
performance that is more stringent than a regulation, requirement,
liability, or standard of performance under this section or that--
(1) applies to a product category not described in this
section; or
(2) requires the provision of a warning of risk, illness,
or injury associated with the use of food containers composed,
in whole or in part, of bisphenol A.
(e) Definition.--For purposes of this section, the term
``container'' includes the lining of a container. | Ban Poisonous Additives Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to deem to be adulterated: (1) food intended for children three years of age or younger if the container is composed of bisphenol A (BPA); (2) a baby bottle or cup that is intended for use by children three years of age or younger, that does not contain a food when such bottle or cup is sold or distributed at retail, and that is composed of BPA; and (3) infant formula if the container (excluding packaging on the outside of a container that does not come into contact with infant formula powder) is composed of BPA.
Requires the Secretary of Health and Human Services (HHS) to: (1) issue a revised safety assessment for food containers composed of BPA, taking into consideration different types of such containers and the use of such containers with respect to different foods; and (2) determine whether there is a reasonable certainty that no harm will result from aggregate exposure to BPA through food containers or other items composed of BPA, taking into consideration potential adverse effects from low-dose exposure and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to BPA. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expand and Rebuild America's Schools
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many States and school districts will need to build new
schools in order to accommodate increasing student enrollments;
the Department of Education has predicted that the Nation will
need 6,000 more schools by the year 2006.
(2) In response to reduced class mandates enforced by State
governments and increased enrollment, many school districts
have been forced to utilize temporary classrooms and other
structures to accommodate increased school populations, along
with resorting to year-round schedules for students.
(3) Research has proven a direct correlation between the
condition of school facilities and student achievement.
Recently, researchers found that students assigned to schools
in poor condition can be expected to fall 10.9 percentage
points behind those in buildings in excellent condition.
Similar studies have demonstrated up to a 20 percent
improvement in test scores when students were moved from a
school with poor facilities to a new facility.
(4) While school construction and maintenance are primarily
a State and local concern, States and communities have not, on
their own, met the increasing burden of providing acceptable
school facilities, and the poorest communities have had the
greatest difficulty meeting this need.
(5) Many local educational agencies have difficulties
securing financing for school facility construction and
renovation, especially in States that require a \2/3\ majority
of voter approval for the passage of local bond initiatives.
(6) The Federal Government, by providing interest subsidies
and similar types of support, can lower the costs of State and
local school infrastructure investment, creating an incentive
for businesses to support local school infrastructure
improvement efforts.
(7) The United States competitive position within the world
economy is vulnerable if America's future workforce continues
to be educated in schools not equipped for the 21st century.
America must do everything in its power to properly educate its
people to compete in the global marketplace.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to encourage public-private partnerships for the
financing of school construction and expansion, and
(2) to help local educational agencies bring all public
school facilities up to an acceptable standard and build the
additional classrooms needed to educate the growing number of
students who will enroll in the next decade.
SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.
``(a) Allowance of Credit.--In the case of an eligible taxpayer who
holds a school construction bond on the credit allowance date of such
bond which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year
the amount determined under subsection (b).
``(b) Amount of Credit.--The amount of the credit determined under
this subsection with respect to any school construction bond is the
amount equal to the product of--
``(1) the credit rate determined by the Secretary under
section 1397E(b)(2) for the month in which such bond was
issued, multiplied by
``(2) the face amount of the bond held by the taxpayer on
the credit allowance date.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than under this section and subpart C thereof, relating
to refundable credits) and section 1397E.
``(d) School Construction Bond.--For purposes of this section--
``(1) In general.--The term `school construction bond'
means any bond issued as part of an issue if--
``(A) 95 percent or more of the proceeds of such
issue are to be used for a qualified purpose with
respect to a new qualified school established by an
eligible local education agency,
``(B) the bond is issued by a State or local
government within the jurisdiction of which such school
is located,
``(C) the issuer--
``(i) designates such bond for purposes of
this section,
``(ii) certifies that it has written
assurances that the private business
contribution requirement of paragraph (2) will
be met with respect to such school, and
``(iii) certifies that it has the written
approval of the eligible local education agency
for such bond issuance, and
``(D) the term of each bond which is part of such
issue does not exceed the maximum term permitted under
section 1397E(d)(3).
``(2) Private business contribution requirement.--
``(A) In general.--For purposes of paragraph (1),
the private business contribution requirement of this
paragraph is met with respect to any issue if the
eligible local education agency that established the
qualified school has written commitments from private
entities to make qualified contributions having a
present value (as of the date of issuance of the issue)
of not less than 10 percent of the proceeds of the
issue.
``(B) Qualified contributions.--For purposes of
subparagraph (A), the term `qualified contribution'
means any contribution (of a type and quality
acceptable to the eligible local education agency) of--
``(i) equipment for use in the qualified
school (including state-of-the-art technology
and vocational equipment),
``(ii) technical assistance in developing
curriculum or in training teachers in order to
promote appropriate market driven technology in
the classroom,
``(iii) services of employees as volunteer
mentors,
``(iv) internships, field trips, or other
educational opportunities outside the school
for students, or
``(v) any other property or service
specified by the eligible local education
agency.
``(3) Qualified school.--
``(A) In general.--The term `qualified school'
means any public school which is established by and
operated under the supervision of an eligible local
education agency to provide education or training below
the postsecondary level if--
``(i) such public school is designed in
cooperation with business to enhance the
academic curriculum, increase graduation and
employment rates, and better prepare students
for the rigors of college and the increasingly
complex workforce,
``(ii) students in such public school will
be subject to the same academic standards and
assessments as other students educated by the
local education agency,
``(iii) a well-structured program to
alleviate overcrowding and to improve students'
education has been constructed and implemented
in the opinion of the Secretary of Education,
and
``(iv) at least 2 of the following
requirements are met:
``(I) There is a reasonable
expectation (as of the date of issuance
of the bonds) that at least 35 percent
of the population attending the such
public school will be eligible for free
or reduced-cost lunches under the
school lunch program established under
the National School Lunch Act.
``(II) There is a reasonable
expectation (as of the date of issuance
of the bonds) that the student growth
rate over the next 5 years for the
school district in which such public
school is to be located will be at
least 10 percent.
``(III) The average student-teacher
ratio for such district as of the date
of issuance of the bonds is at least 28
to 1.
``(B) Eligible local education agency.--The term
`eligible local education agency' means any local
educational agency as defined in section 14101 of the
Elementary and Secondary Education Act of 1965.
``(4) Qualified purpose.--
``(A) In general.--The term `qualified purpose'
means, with respect to any qualified school--
``(i) constructing a new school facility,
and
``(ii) providing equipment for use at such
facility.
``(B) School facility.--The term `school facility'
means a new public structure suitable for use as a
classroom, laboratory, library, media center, or
related facility whose primary purpose is the
instruction of public elementary or secondary students.
Such term does not include an athletic stadium, or any
other structure or facility intended primarily for
athletic exhibitions, contests, games, or events for
which admission is charged to the general public.
``(5) Eligible taxpayer.--The term `eligible taxpayer'
means--
``(A) a bank (within the meaning of section 581),
``(B) an insurance company to which subchapter L
applies, and
``(C) a corporation actively engaged in the
business of lending money.
``(e) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national school
construction bond limitation for each calendar year. Such
limitation is $400,000,000 for 1998 and 1999, and, except for
carryovers as provided under the rules applicable under
paragraph (2), zero thereafter.
``(2) Allocation of limitation.--The national school
construction bond limitation for a calendar year shall be
allocated by the Secretary among the States on the basis of
their respective populations of individuals below the poverty
line (as defined by the Office of Management and Budget). The
limitation amount allocated to a State under the preceding
sentence shall be allocated by the Secretary of Education to
qualified schools within such State.
``(3) Designation subject to limitation amount.--The
maximum aggregate face amount of bonds issued during any
calendar year which may be designated under subsection (d)(1)
with respect to any qualified school shall not exceed the
limitation amount allocated to such school under paragraph (2)
for such calendar year.
``(4) Carryover of unused limitation.--If for any calendar
year--
``(A) the limitation amount for any State, exceeds
``(B) the amount of bonds issued during such year
which are designated under subsection (d)(1) with
respect to qualified schools within such State,
the limitation amount for such State for the following calendar
year shall be increased by the amount of such excess.
``(f) Other Definitions.--The definitions in subsections (d)(6) and
(f) of section 1397E shall apply for purposes of this section.
``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section.''
(b) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45D. Credit to holders of school
construction bonds.''
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 1997. | Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit. | [
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] |
SECTION 1. GRANT OF FEDERAL CHARTER TO THE NATIONAL ACADEMY OF
INVENTORS.
(a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1503 the following
new chapter:
``CHAPTER 1504--NATIONAL ACADEMY OF INVENTORS
``Sec. 150401. Findings
``Congress finds the following:
``(1) The majority of our Nation's basic research is done
at our colleges and universities.
``(2) The National Academy of Inventors recognizes and
encourages inventors who have a patent issued from the United
States Patent and Trademark Office.
``(3) The National Academy of Inventors enhances the
visibility of university and non-profit research institute
technology and academic innovation.
``(4) The National Academy of Inventors encourages the
disclosure of intellectual property.
``(5) The National Academy of Inventors educates and
mentors innovative students.
``(6) The systematic application of organized knowledge and
information can generate technology and produce creative
solutions to existing problems.
``(7) Innovation, based on new inventions and technologies,
has proven to be a key factor in the industrial and economic
development of the world.
``(8) The National Academy of Inventors serves a valuable
role in the translation of science and technology within the
university and non-profit research institute community, and for
the benefit of society.
``(9) Congress supports the mission of the National Academy
of Inventors to encourage the translation of the inventions of
its members to benefit society.
``Sec. 150402. Organization
``(a) Federal Charter.--The National Academy of Inventors, a not
for profit organization that meets the requirements under section
501(c)(3) of the internal revenue code, and is organized under the laws
of the State of Florida, is a federally chartered organization.
``(b) Expiration of Charter.--If the organization does not comply
with the provisions of this chapter, the charter granted shall expire.
``Sec. 150403. Purposes
``The purposes of the organization are as provided in its bylaws
and articles of incorporation.
``Sec. 150404. Governing body
``(a) Board of Directors.--The composition of the board of
directors for the organization, and the responsibilities of the board
are as provided in the articles of incorporation and bylaws of the
organization.
``(b) Officers.--The positions of officers/executive committee
members of the organization, and the election of the officers and
executive committee members, are as provided in the articles of
incorporation and bylaws.
``(c) Executive Committee.--The positions of executive committee
members of the organization, and the election of executive committee
members, are as provided in the articles of incorporation and bylaws.
``(d) Executive Advisory Board.--The composition of the executive
advisory board for the organization, and the responsibilities of the
executive advisory board are as provided in the articles of
incorporation and bylaws of the organization.
``Sec. 150405. Powers
``The corporation has only those powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 150406. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Distribution of Income or Assets.--No part of the income or
assets of this Corporation will be distributed, to its Directors or
Officers. However, the corporation may contract in due course of
business with its Officers or Directors for services rendered to the
extent permissible under the articles of incorporation, under law and
under section 501(c)(3) of the United States Internal Revenue Code of
1986.
``(c) Loans.--The organization may not loan money to any of its
directors or officers.
``(d) Corporate Status.--The organization shall maintain its status
as a corporation incorporated under the laws of the State of Florida.
``Sec. 150407. Tax-exempt status required as a condition of charter
``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue Code of
1986, the charter granted under this chapter shall terminate.
``Sec. 150408. Records
``The organization shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of the members, board of
directors, and committees of the corporation having any of the
authority of the board of directors of the corporation; and
``(3) at the principal office of the corporation, a record
of the names and addresses of the members of the corporation
entitled to vote on matters relating to the corporation.
``Sec. 150409. Liability for acts of officers and agents
``The organization is liable for any act of any officer or agent of
the corporation acting within the scope of the authority of the
corporation.
``Sec. 150410. Annual report
``The corporation shall transmit to Congress an annual report on
the activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required. The report may not be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1503 the following new item:
``1504. National Academy of
Inventors..............................150401''. | Grants a federal charter to the National Academy of Inventors. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair, Accurate, Secure, and Timely
Voting Act of 2012'' or the ``FAST Voting Act of 2012''.
SEC. 2. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND TECHNOLOGY
THAT ARE DESIGNED TO EXPEDITE VOTING AT THE POLLS AND
SIMPLIFY VOTER REGISTRATION.
(a) Purposes.--The purposes of this section are to--
(1) provide incentives for States to invest in practices
and technology that are designed to expedite voting at the
polls; and
(2) provide incentives for States to simplify voter
registration.
(b) Reservation of Funds.--From the amount made available to carry
out this section for a fiscal year, the Attorney General may reserve
not more than 10 percent of such amount to carry out activities related
to--
(1) technical assistance; and
(2) outreach and dissemination.
(c) Program Authorized.--
(1) In general.--From the amounts made available under
subsection (h) for a fiscal year and not reserved under
subsection (b), the Attorney General shall award grants, on a
competitive basis, to States in accordance with subsection
(d)(2), to enable the States to carry out the purposes of this
section.
(2) Number of grants.--A State may not receive more than 1
grant under this section per grant period.
(3) Duration of grants.--
(A) In general.--A grant under this section shall
be awarded for a period of not more than 4 years.
(B) Continuation of grants.--A State that is
awarded a grant under this section shall not receive
grant funds under this section for the second or any
subsequent year of the grant unless the State
demonstrates to the Attorney General, at such time and
in such manner as determined by the Attorney General,
that the State is--
(i) making progress in implementing the
plan under subsection (d)(1)(C) at a rate that
the Attorney General determines will result in
the State fully implementing such plan during
the remainder of the grant period; or
(ii) making progress against the
performance measures set forth in subsection
(e) at a rate that the Attorney General
determines will result in the State reaching
its targets and achieving the objectives of the
grant during the remainder of the grant period.
(d) Applications.--
(1) Applications.--Each State that desires to receive a
grant under this section shall submit an application to the
Attorney General at such time, in such manner, and containing
such information as the Attorney General may reasonably
require. At a minimum, each such application shall include--
(A) documentation of the applicant's record, as
applicable--
(i) in providing various voter registration
opportunities;
(ii) in providing early voting;
(iii) in providing absentee voting;
(iv) in providing assistance to voters who
do not speak English as a primary language;
(v) in providing assistance to voters with
disabilities;
(vi) in providing effective access to
voting for members of the armed services;
(vii) in providing formal training of
election officials;
(viii) in auditing or otherwise documenting
waiting times at polling stations;
(ix) in allocating polling locations,
equipment, and staff to match population
distribution;
(x) in responding to voting irregularities
and concerns raised at polling stations;
(xi) in creating and adhering to
contingency voting plans in the event of a
natural or other disaster; and
(xii) with respect to any other performance
measure described in subsection (e) that is not
included in clauses (i) through (xi);
(B) evidence of conditions of innovation and reform
that the applicant has established and the applicant's
proposed plan for implementing additional conditions
for innovation and reform, including--
(i) a description of how the applicant has
identified and eliminated ineffective practices
in the past and the applicant's plan for doing
so in the future;
(ii) a description of how the applicant has
identified and promoted effective practices in
the past and the applicant's plan for doing so
in the future; and
(iii) steps the applicant has taken and
will take to eliminate statutory, regulatory,
procedural, or other barriers and to facilitate
the full implementation of the proposed plan
under this subparagraph;
(C) a comprehensive and coherent plan for using
funds under this section, and other Federal, State, and
local funds, to improve the applicant's performance on
the measures described in subsection (e), consistent
with criteria set forth by the Attorney General,
including how the applicant will, if applicable--
(i) provide flexible registration
opportunities, including online and same-day
registration and registration updating;
(ii) provide early voting, at a minimum of
9 of the 10 calendar days preceding an
election, at sufficient and flexible hours;
(iii) provide absentee voting, including
no-excuse absentee voting;
(iv) provide assistance to voters who do
not speak English as a primary language;
(v) provide assistance to voters with
disabilities, including visual impairment;
(vi) provide effective access to voting for
members of the armed services;
(vii) provide formal training of election
officials, including State and county
administrators and volunteers;
(viii) audit and reduce waiting times at
polling stations;
(ix) allocate polling locations, equipment,
and staff to match population distribution;
(x) respond to any reports of voting
irregularities or concerns raised at the
polling station;
(xi) create contingency voting plans in the
event of a natural or other disaster; and
(xii) improve the wait times at the
persistently poorest performing polling
stations within the jurisdiction of the
applicant;
(D) evidence of collaboration between the State,
local election officials, and other stakeholders, in
developing the plan described in subparagraph (C),
including evidence of the commitment and capacity to
implement the plan;
(E) the applicant's annual performance measures and
targets, consistent with the requirements of subsection
(e); and
(F) a description of the applicant's plan to
conduct a rigorous evaluation of the effectiveness of
activities carried out with funds under this section.
(2) Criteria for evaluating applications.--
(A) Award basis.--The Attorney General shall award
grants under this section on a competitive basis, based
on the quality of the applications submitted under
paragraph (1), including--
(i) each applicant's record in the areas
described in paragraph (1)(A);
(ii) each applicant's record of, and
commitment to, establishing conditions for
innovation and reform, as described in
paragraph (1)(B);
(iii) the quality and likelihood of success
of each applicant's plan described in paragraph
(1)(C) in showing improvement in the areas
described in paragraph (1)(A), including each
applicant's capacity to implement the plan and
evidence of collaboration as described in
paragraph (1)(D); and
(iv) each applicant's evaluation plan as
described in paragraph (1)(F).
(B) Explanation.--The Attorney General shall
publish an explanation of how the application review
process under this paragraph will ensure an equitable
and objective evaluation based on the criteria
described in subparagraph (A).
(e) Performance Measures.--Each State receiving a grant under this
section shall establish performance measures and targets, approved by
the Attorney General, for the programs and activities carried out under
this section. These measures shall, at a minimum, track the State's
progress--
(1) in implementing its plan described in subsection
(d)(1)(C);
(2) in expediting voting at the polls or simplifying voter
registration, as applicable; and
(3) on any other measures identified by the Attorney
General.
(f) Uses of Funds.--Each State that receives a grant under this
section shall use the grant funds for any purpose included in the
State's plan under subsection (d)(1)(C).
(g) Reporting.--A State that receives a grant under this section
shall submit to the Attorney General, at such time and in such manner
as the Attorney General may require, an annual report including--
(1) data on the State's progress in achieving the targets
for the performance measures established under subsection (e);
(2) a description of the challenges the State has faced in
implementing its program and how it has addressed or plans to
address those challenges; and
(3) findings from the evaluation plan as described in
subsection (d)(1)(F).
(h) State Defined.--In this section, the term ``State'' means each
of the several States and the District of Columbia.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Fair, Accurate, Secure, and Timely Voting Act of 2012 or FAST Voting Act of 2012 - Directs the Attorney General to award grants, on a competitive basis, to enable states to: (1) invest in practices and technology designed to expedite voting at the polls, and (2) simplify voter registration.
Requires the grant application to include a comprehensive and coherent plan for using funds to improve the applicant's performance on specified measures with respect to: (1) flexible registration opportunities, (2) early voting, (3) assistance to non-English speaking voters, and (4) other related matters. Requires each grantee to establish performance measures and targets, approved by the Attorney General, that track its progress in implementing its plan and expediting voting at the polls or simplifying voter registration, as applicable. | [
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] |
SECTION 1. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES WITH
AUDITORY IMPAIRMENTS AS AIR FORCE OFFICERS.
(a) Demonstration Program Required.--Beginning not later than 90
days after the date of the enactment of this Act, the Secretary of the
Air Force shall carry out a demonstration program to assess the
feasibility and advisability of permitting individuals with auditory
impairments (including deafness) to access as officers of the Air
Force.
(b) Candidates.--
(1) Number of candidates.--The total number of individuals
with auditory impairments who may participate in the
demonstration program shall be not fewer than 15 individuals or
more than 20 individuals.
(2) Mix and range of auditory impairments.--The individuals
who participate in the demonstration program shall include
individuals who are deaf and individuals who have a range of
other auditory impairments.
(3) Qualification for accession.--Any individual who is
chosen to participate in the demonstration program shall meet
all essential qualifications for accession as an officer in the
Air Force, other than those related to having an auditory
impairment.
(c) Selection of Participants.--
(1) In general.--The Secretary of the Air Force shall--
(A) publicize the demonstration program nationally,
including to individuals who have auditory impairments
and would be otherwise qualified for officer training;
(B) create a process whereby interested individuals
can apply for the demonstration program; and
(C) select the participants for the demonstration
program, from among the pool of applicants, based on
the criteria in subsection (b).
(2) No prior service as air force officers.--Participants
selected for the demonstration program shall be individuals who
have not previously served as officers in the Air Force.
(d) Basic Officer Training.--
(1) In general.--The participants in the demonstration
program shall undergo, at the election of the Secretary of the
Air Force, the Basic Officer Training course or the
Commissioned Officer Training course at Maxwell Air Force Base,
Alabama.
(2) Number of participants.--Once individuals begin
participating in the demonstration program, each Basic Officer
Training course or Commissioned Officer Training course at
Maxwell Air Force Base, Alabama, shall include not fewer than
4, or more than 6, participants in the demonstration program
until all participants have completed such training.
(3) Auxiliary aids and services.--The Secretary of Defense
shall ensure that participants in the demonstration program
have the necessary auxiliary aids and services (as that term is
defined in section 4 of the Americans With Disabilities Act of
1990 (42 U.S.C. 12103)) in order to fully participate in the
demonstration program.
(e) Coordination.--
(1) Special advisor.--The Secretary of the Air Force shall
designate a special advisor to the demonstration program to act
as a resource for participants in the demonstration program, as
well as a liaison between participants in the demonstration
program and those providing the officer training.
(2) Qualifications.--The special advisor shall be a member
of the Armed Forces on active duty--
(A) who--
(i) if a commissioned officer, shall be in
grade O-3 or higher; or
(ii) if an enlisted member, shall be in
grade E-5 or higher; and
(B) who is knowledgeable about issues involving,
and accommodations for, individuals with auditory
impairments (including deafness).
(3) Responsibilities.--The special advisor shall be
responsible for facilitating the officer training for
participants in the demonstration program, intervening and
resolving issues and accommodations during the training, and
such other duties as the Secretary of the Air Force may assign
to facilitate the success of the demonstration program and
participants.
(f) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the appropriate committees of Congress a report on the demonstration
program. The report shall include the following:
(1) A description of the demonstration program and the
participants in the demonstration program.
(2) The outcome of the demonstration program, including--
(A) the number of participants in the demonstration
program that successfully completed the Basic Officer
Training course or the Commissioned Officer Training
course;
(B) the number of participants in the demonstration
program that were recommended for continued military
service;
(C) the issues that were encountered during the
program; and
(D) such recommendation for modifications to the
demonstration program as the Secretary considers
appropriate to increase further inclusion of
individuals with auditory disabilities serving as
officers in the Air Force or other Armed Forces.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
demonstration program.
(g) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives. | Requires the Secretary of the Air Force to carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments (including deafness) access as officers of the Air Force. Authorizes between 15 and 20 individuals who are deaf or have a range of other auditory impairments, who otherwise meet all essential qualifications for accession as an officer of the Air Force, and who have not previously served as officers to participate in such program. Requires selected participants to undergo the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama, at the election of the Secretary. Requires the Secretary to designate a special advisor to act as a resource for participants, as well as a liaison between participants and those providing the officer training. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Education Achieves Care
and Healthy Outcomes for Users' Treatment Act of 2018'' or the ``REACH
OUT Act of 2018''.
SEC. 2. GRANTS TO PROVIDE TECHNICAL ASSISTANCE TO OUTLIER PRESCRIBERS
OF OPIOIDS.
(a) Grants Authorized.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall, through the
Centers for Medicare & Medicaid Services, award grants, contracts, or
cooperative agreements to eligible entities for the purposes described
in subsection (b).
(b) Use of Funds.--Grants, contracts, and cooperative agreements
awarded under subsection (a) shall be used to support eligible entities
through technical assistance--
(1) to educate and provide outreach to outlier prescribers
of opioids about best practices for prescribing opioids;
(2) to educate and provide outreach to outlier prescribers
of opioids about non-opioid pain management therapies; and
(3) to reduce the amount of opioid prescriptions prescribed
by outlier prescribers of opioids.
(c) Application.--Each eligible entity seeking to receive a grant,
contract, or cooperative agreement under subsection (a) shall submit to
the Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require.
(d) Geographic Distribution.--In awarding grants, contracts, and
cooperative agreements under this section, the Secretary shall
prioritize establishing technical assistance resources in each State.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an organization--
(i) that has demonstrated experience
providing technical assistance to health care
professionals on a State or regional basis; and
(ii) that has at least--
(I) one individual who is a
representative of consumers on its
governing body; and
(II) one individual who is a
representative of health care providers
on its governing body; or
(B) an entity that is a quality improvement entity
with a contract under part B of title XI of the Social
Security Act (42 U.S.C. 1320c et seq.).
(2) Outlier prescriber of opioids.--The term ``outlier
prescriber of opioids'' means a prescriber, identified by the
Secretary of Health and Human Services (through use of
prescriber information provided by prescriber National Provider
Identifiers included pursuant to section 1860D-4(c)(4)(A) of
the Social Security Act (42 U.S.C. 1395w-104(c)(4)(A)) on
claims for covered part D drugs for part D eligible individuals
enrolled in prescription drug plans under part D of title XVIII
of such Act (42 U.S.C. 1395w-101 et seq.) and MA-PD plans under
part C of such title (42 U.S.C. 1395w-21 et seq.)) as
prescribing, as compared to other prescribers in the specialty
of the prescriber and geographic area, amounts of opioids in
excess of a threshold (and other criteria) specified by the
Secretary, after consultation with stakeholders.
(3) Prescribers.--The term ``prescriber'' means any health
care professional, including a nurse practitioner or physician
assistant, who is licensed to prescribe opioids by the State or
territory in which such professional practices.
(f) Funding.--For purposes of implementing this section, $75
million shall be available from the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of the Social Security Act (42
U.S.C. 1395t), to remain available until expended.
SEC. 3. PROMOTING VALUE IN MEDICAID MANAGED CARE.
Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is
amended by adding at the end the following new paragraph:
``(7)(A) With respect to expenditures described in subparagraph (B)
that are incurred by a State for any fiscal year after fiscal year 2025
(and before fiscal year 2029), in determining the pro rata share to
which the United States is equitably entitled under subsection (d)(3),
the Secretary shall substitute the Federal medical assistance
percentage that applies for such fiscal year to the State under section
1905(b) (without regard to any adjustments to such percentage
applicable under such section or any other provision of law) for the
percentage that applies to such expenditures under section 1905(y).
``(B) Expenditures described in this subparagraph, with respect to
a fiscal year to which subparagraph (A) applies, are expenditures
incurred by a State for payment for medical assistance provided to
individuals described in subclause (VIII) of section 1902(a)(10)(A)(i)
by a managed care entity, or other specified entity (as defined in
subparagraph (D)(iii)), that are treated as remittances because the
State--
``(i) has satisfied the requirement of section 438.8 of
title 42, Code of Federal Regulations (or any successor
regulation), by electing--
``(I) in the case of a State described in
subparagraph (C), to apply a minimum medical loss ratio
(as defined in subparagraph (D)(ii)) that is at least
85 percent but not greater than the minimum medical
loss ratio (as so defined) that such State applied as
of May 31, 2018; or
``(II) in the case of a State not described in
subparagraph (C), to apply a minimum medical loss ratio
that is equal to 85 percent; and
``(ii) recovered all or a portion of the expenditures as a
result of the entity's failure to meet such ratio.
``(C) For purposes of subparagraph (B), a State described in this
subparagraph is a State that as of May 31, 2018, applied a minimum
medical loss ratio (as calculated under subsection (d) of section 438.8
of title 42, Code of Federal Regulations (as in effect on June 1,
2018)) for payment for services provided by entities described in such
subparagraph under the State plan under this title (or a waiver of the
plan) that is equal to or greater than 85 percent.
``(D) For purposes of this paragraph:
``(i) The term `managed care entity' means a medicaid
managed care organization described in section
1932(a)(1)(B)(i).
``(ii) The term `minimum medical loss ratio' means, with
respect to a State, a minimum medical loss ratio (as calculated
under subsection (d) of section 438.8 of title 42, Code of
Federal Regulations (as in effect on June 1, 2018)) for payment
for services provided by entities described in subparagraph (B)
under the State plan under this title (or a waiver of the
plan).
``(iii) The term `other specified entity' means--
``(I) a prepaid inpatient health plan, as defined
in section 438.2 of title 42, Code of Federal
Regulations (or any successor regulation); and
``(II) a prepaid ambulatory health plan, as defined
in such section (or any successor regulation).''.
Passed the House of Representatives June 19, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Responsible Education Achieves Care and Healthy Outcomes for Users’ Treatment Act of 2018 or the REACH OUT Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services to award grants, contracts, or cooperative agreements to qualifying organizations in order to support efforts to curb outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. (Sec. 3) Additionally, the bill temporarily eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Empowerment Zone Act of
2003''.
SEC. 2. HEALTH EMPOWERMENT ZONES.
(a) Health Empowerment Zone Programs.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Administrator of the Health
Resources and Services Administration and the Director of the
Office of Minority Health, and in cooperation with the Director
of the Office of Community Services and the Director of the
National Center for Minority Health and Health Disparities--
(A) shall designate health empowerment zones in
accordance with paragraph (2); and
(B) shall make grants in accordance with paragraph
(3).
(2) Designation of health empowerment zones.--The Secretary
may designate a community as a health empowerment zone if--
(A) a community partnership seeking a grant under
this section requests that the community be designated
as a health empowerment zone; and
(B) the community partnership demonstrates, to the
Secretary's satisfaction, that the community is a
community of color that experiences disproportionate
disparities in health status and health care.
(3) Grants.--The Secretary shall make grants to community
partnerships of private and public entities to establish health
empowerment zone programs.
(4) Use of funds.--Grants under this section shall be used
for the establishment of a health empowerment zone program to
assist individuals, businesses, schools, minority health
associations, nonprofit organizations, community-based
organizations, hospitals, health care clinics, and foundations
in a health empowerment zone that are seeking--
(A) to effectively access Federal programs to
improve the health or environment of 1 or more minority
individuals in the community and eliminate racial and
ethnic disparities in health status and health care;
and
(B) to coordinate the efforts of governmental and
private entities regarding the elimination of racial
and ethnic disparities in health status and health
care.
(5) Establishment in territory or possession.--The
Secretary shall make at least 1 grant under this section to a
community partnership for a health empowerment zone program in
a health empowerment zone that is located in a territory or
possession of the United States.
(6) Application.--To seek the designation of a community as
a health empowerment zone and to obtain a grant under this
section, a community partnership shall submit to the Secretary
an application in such form and in such manner as the Secretary
may require. An application under this paragraph shall--
(A) demonstrate that the community to be served is
a community of color that experiences disproportionate
disparities in health status and health care;
(B) set forth a strategic plan for the proposed
health empowerment zone program, by--
(i) describing the coordinated health,
economic, human, community, and physical
development plan and related activities
proposed for the community involved;
(ii) describing the inclusion of the
community involved as a full partner in the
process of developing, implementing,
monitoring, and evaluating the strategic plan
and the extent to which local institutions and
organizations have contributed to the planning
process;
(iii) identifying the projected amount of
Federal, State, local, and private resources
that will be available in the area and the
private and public community partnerships to be
used (including any participation by or
cooperation with universities, colleges,
foundations, nonprofit organizations, medical
centers, hospitals, health clinics, school
districts, or other private and public
entities);
(iv) identifying the funding requested
under any Federal program in support of the
proposed health, economic, human, community,
and physical development, and related
activities;
(v) identifying baselines, methods, health
outcomes, and benchmarks for measuring the
success of carrying out the strategic plan;
(vi) demonstrating the ability to
effectively reach and service the targeted
underserved minority community populations in a
culturally appropriate and linguistically
responsive manner;
(vii) demonstrating a capacity and
infrastructure to provide long-term community
response that is culturally appropriate and
linguistically responsive to a community of
color that experiences disproportionate
disparities in health status and health care;
and
(viii) identifying the individuals who have
agreed to serve as members of a health
empowerment zone coordinating committee for the
community involved; and
(C) include such other information as the Secretary
may require.
(7) Preference.--In awarding grants under this subsection,
the Secretary shall give preference to proposals from
indigenous community entities that have an expertise in
providing culturally appropriate and linguistically responsive
services to communities of color that experience
disproportionate disparities in health status and health care.
(b) Federal Assistance for Health Empowerment Zone Grant
Programs.--The Secretary of Health and Human Services, the
Administrator of the Small Business Administration, the Secretary of
Agriculture, the Secretary of Education, the Secretary of Labor, and
the Secretary of Housing and Urban Development shall each--
(1) where appropriate, provide entity-specific technical
assistance and evidence-based strategies to communities of
color that experience disproportionate disparities in health
status and health care to further the purposes of a health
empowerment zone program described in subsection (a)(5);
(2) identify all programs administered by the Department of
Health and Human Services, the Small Business Administration,
the Department of Agriculture, the Department of Education, the
Department of Labor, and the Department of Housing and Urban
Development, respectively, that may be used to further the
purposes of a health empowerment zone program described in
subsection (a)(5); and
(3) in administering any program identified under paragraph
(2), give priority to any individual or entity located in a
community served by a health empowerment zone program under
subsection (a) if such priority would further the purposes of
the health empowerment zone program described in subsection
(a)(5).
(c) Health Empowerment Zone Coordinating Committee.--
(1) Establishment.--For each health empowerment zone
program established with a grant under subsection (a), the
Secretary, acting through the Director of the Office of
Minority Health and the Administrator of the Health Resources
and Services Administration, shall establish a health
empowerment zone coordinating committee.
(2) Duties.--Each coordinating committee established, in
coordination with the Director of the Office of Minority Health
and the Administrator of the Health Resources and Services
Administration, shall provide technical assistance and
evidence-based strategies to the grant recipient involved,
including providing guidance on research, strategies, health
outcomes, program goals, management, implementation,
monitoring, assessment, and evaluation processes.
(3) Membership.--
(A) Appointment.--The Director of the Office of
Minority Health and the Administrator of the Health
Resources and Services Administration, in consultation
with the respective grant recipient, shall appoint the
members of each coordinating committee.
(B) Composition.--The Director of the Office of
Minority Health and the Administrator of the Health
Resources and Services Administration shall ensure that
each coordinating committee--
(i) has not more than 20 members;
(ii) includes individuals from communities
of color that experience disproportionate
disparities in health status and health care;
(iii) includes community leaders and
leaders of community-based organizations;
(iv) includes representatives of academia
and lay and professional organizations and
associations including those having expertise
in medicine, technical, social and behavioral
science, health policy, advocacy, cultural and
linguistic competency, research management, and
organization; and
(v) represents a reasonable cross-section
of knowledge, views, and application of
expertise on societal, ethical, behavioral,
educational, policy, legal, cultural,
linguistic, and workforce issues related to
eliminating disparities in health and health
care.
(C) Qualifications.--The Director of the Office of
Minority Health and the Administrator of the Health
Resources and Services Administration shall ensure that
the members of each coordinating committee meet the
following:
(i) No member is employed by the Federal
Government.
(ii) Each member has appropriate
experience, including experience in the areas
of community development, cultural and
linguistic competency, reducing and eliminating
racial and ethnic disparities in health and
health care, or minority health.
(iii) A majority of the members reside in
the health empowerment zone involved.
(D) Selection.--In selecting individuals to serve
on a coordinating committee, the Director of the Office
of Minority Health and the Administrator of the Health
Resources and Services Administration shall give due
consideration to the recommendations of the Congress,
industry leaders, the scientific community (including
the Institute of Medicine), academia, community based
nonprofit organizations, minority health and related
organizations, the education community, State and local
governments, and other appropriate organizations.
(E) Chairperson.--The Director of the Office of
Minority Health and the Administrator of the Health
Resources and Services Administration, in consultation
with the members of the coordinating committee
involved, shall designate a chairperson of the
coordinating committee, who shall serve for a term of 3
years and who may be reappointed at the expiration of
each such term.
(F) Terms.--Each member of a coordinating committee
shall be appointed for a term of 1 to 3 years in
overlapping staggered terms, as determined by the
Director of the Office of Minority Health and the
Administrator of the Health Resources and Services
Administration at the time of appointment, and may be
reappointed at the expiration of each such term.
(G) Vacancies.--A vacancy on a coordinating
committee shall be filled in the same manner in which
the original appointment was made.
(H) Compensation.--The members of a coordinating
committee shall serve without pay.
(I) Travel expenses.--Each member of a coordinating
committee shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
(4) Staff; experts and consultants.--
(A) Staff.--The chairperson of a coordinating
committee may appoint and fix the pay of additional
personnel as the chairperson considers appropriate.
(B) Experts and consultants.--The chairperson of a
coordinating committee may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(5) Meetings.--A coordinating committee shall meet 3 to 5
times each year, at the call of the coordinating committee's
chairperson and in consultation with the Director of the Office
of Minority Health and the Administrator of the Health
Resources and Services Administration.
(6) Report.--Each coordinating committee shall transmit to
the Congress an annual report that, with respect to the health
empowerment zone program involved, includes the following:
(A) A review of the program's effectiveness in
achieving stated goals and outcomes, and overcoming
challenges.
(B) A review of the program's management and
coordination of the entities involved.
(C) A review of the activities in the program's
portfolio and components.
(D) An identification of policy issues raised by
the program.
(E) An assessment of program's results including
that of capacity, infrastructure, number of underserved
minority communities reached and retained in the effort
in a defined time frame.
(F) Recommendations for new program goals, research
areas, enhanced approaches, community partnerships,
coordination and management mechanisms, and projects to
be established to achieve the program's stated goals,
to improve outcomes, assessments, monitoring, and
evaluation.
(G) A review of the degree of minority entities
participation in the program, and an identification of
a strategy to increase such participation.
(H) Any other reviews or recommendations determined
to be appropriate by the coordinating committee.
(d) Report.--The Director of the Office of Minority Health and the
Administrator of the Health Resources and Services Administration shall
submit a joint annual report to the appropriate committees of the
Congress on the results of the implementation of programs under this
section.
(e) Definitions.--In this section:
(1) Coordinating committee.--The term ``coordinating
committee'' means a health empowerment zone coordinating
committee established under this section.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for fiscal year
2004, and such sums as may be necessary for each of fiscal years 2005
through 2010. | Health Empowerment Zone Act of 2003 - Authorizes the Secretary of Health and Human Services to designate a community as a health empowerment zone if a participating community partnership: (1) requests such designation; and (2) demonstrates that the community is a community of color experiencing disproportionate disparities in health status and health care.
Directs the Secretary to make: (1) grants to community partnerships of private and public entities to establish health empowerment zone programs to assist individuals, businesses, schools, minority health associations, nonprofit organizations, community-based organizations, hospitals, health care clinics, and foundations in a health empowerment zone that are seeking to improve the health or environment of minority individuals and eliminate racial and ethnic disparities in health status and health care; (2) at least one grant in a health empowerment zone in a U.S. territory or possession; and (3) establish a health empowerment zone coordinating committee for each zone.
Directs the Secretary, the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Education, the Secretary of Labor, and the Secretary of Housing and Urban Development to provide assistance for such programs. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unshackling Students to Lead, Excel,
Act, Develop, and Serve Act of 2012'' or the ``U.S. LEADS Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Outstanding student loan debt will reach one trillion
dollars this year.
(2) In 2008, two-thirds of students graduating with a
bachelor's degree had outstanding student loan debt.
(3) In 2010, the average debt owed by college graduates
paying off student loans was $24,000.
(4) Of all students who graduated with a 4-year degree in
2009, only 55.6 percent are working in jobs that require a
college degree.
(5) Of all students who graduated with a 4-year degree in
2009, 22.4 percent are not working.
(6) The median student loan debt for students who graduated
from college between 2006 and 2010 is $20,000.
(7) Average in-State tuition and fees at public 4-year
institutions of higher education have risen 8.3 percent between
the 2010-2011 and 2011-2012 academic years.
SEC. 3. INTEREST-FREE DEFERMENT DURING PERIODS WHEN THE NATIONAL
UNEMPLOYMENT RATE EXCEEDS 7 PERCENT.
(a) FFEL Subsidized Loan Deferment.--Section 428(b)(1)(M) of the
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
(1) by striking ``or'' at the end of clause (iii);
(2) by adding ``or'' at the end of clause (iv); and
(3) by adding at the end the following new clause:
``(v) in a case of a borrower who is
between the ages of 21 and 25, inclusive, and a
recent college student, as defined in section
455(f)(5), with respect to loans made under
this section to such borrower for a period of
enrollment during which the borrower was
pursuing a degree described in subparagraph (A)
of such section 455(f)(5)--
``(I) beginning as soon as
practicable after the last day of the
second consecutive month for which the
Bureau of Labor Statistics of the
Department of Labor (in this paragraph
referred to as the `Bureau') publishes
a national unemployment rate that
exceeds 7 percent, and ending as soon
as practicable after the Bureau
publishes a national unemployment rate
that is 7 percent or lower, except that
such period shall not exceed 5 years;
or
``(II) beginning as soon as
practicable after the last day of the
second consecutive month for which the
Bureau publishes a national
unemployment rate for individuals ages
21 through 25 years old that exceeds 9
percent, and ending as soon as
practicable after the Bureau publishes
a national unemployment rate for such
individuals that is 9 percent or lower,
except that such period shall not
exceed 5 years.''.
(b) Treatment of Consolidation Loans.--Section 428C(b)(4)(C)(ii) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is
amended--
(1) by striking ``or'' at the end of subclause (II);
(2) by redesignating subclause (III) as subclause (IV);
(3) by inserting after subclause (II) the following:
``(III) in the case of a borrower
who is between the ages of 21 and 25,
inclusive, and a recent college
student, as defined in section
455(f)(5), by the Secretary, in the
case of a consolidation loan made to
the borrower for a period of enrollment
during which the borrower was pursuing
a degree described in subparagraph (A)
of such section 455(f)(5) and for which
the application is received on or after
the date of enactment of the U.S. Leads
Act, except that in the case of a
deferral under clause (ii) of section
428(b)(1)(M), the Secretary shall pay
such interest only for a period not in
excess of 3 years for which a borrower
would be eligible for such a deferral
and, in the case of a deferral under
clause (v) of such section, for a
period not in excess of 5 years for
which the borrower would be eligible
for such a deferral; or''; and
(4) in subclause (IV) (as so redesignated by this
subsection), by striking ``(I) or (II)'' and inserting ``(I),
(II), or (III)''.
(c) FFEL Unsubsidized Loan Deferment.--
(1) In general.--Section 428H(e)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1078-8(e)(2)) is amended--
(A) in subparagraph (A), by inserting ``Except as
provided in subparagraph (C)'' before ``Interest on'';
and
(B) by adding at the end the following new
subparagraph:
``(C) In the case of a borrower who is between the
ages of 21 and 25, inclusive, and a recent college
student, as defined in section 455(f)(5), interest on
loans made under this section to the borrower for a
period of enrollment during which the borrower was
pursuing a degree described in subparagraph (A) of such
section 455(f)(5) and for which payments are deferred--
``(i) under clause (i), (iii), or (iv) of
section 428(b)(1)(M), for a period of deferment
granted to such borrower on or after the date
of enactment of the U.S. Leads Act, shall
accrue and be paid by the Secretary during any
period during which the loans are so deferred;
``(ii) under clause (ii) of section
428(b)(1)(M), for a period of deferment granted
to such borrower on or after the date of
enactment of the U.S. Leads Act, shall accrue
and be paid by the Secretary during any period
during which the loans are so deferred, not in
excess of 3 years; and
``(iii) under clause (v) of section
428(b)(1)(M), for a period of deferment granted
to such borrower on or after the date of
enactment of the U.S. Leads Act, shall accrue
and be paid by the Secretary during any period
during which the loans are so deferred, not in
excess of 5 years.''.
(2) Conforming amendment.--Section 428(b)(1)(Y)(iii) of the
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is
amended by inserting ``(other than a deferment under such
subparagraph granted to a borrower described in section
428H(e)(2)(C) on or after the date of enactment of the U.S.
Leads Act)'' after ``of this paragraph''.
(d) Direct Loan Deferment.--Section 455(f) of the Higher Education
Act of 1965 (20 U.S.C. 1087(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(i); and
(ii) by adding at the end the following:
``(iii) Federal Direct Unsubsidized
Stafford Loan or Federal Direct Consolidation
Loan made to a borrower for a period of
enrollment during which the borrower was
pursuing a degree described in paragraph (5)(A)
and the borrower is between the ages of 21 and
25, inclusive, and a recent college student, as
defined in paragraph (5); or''; and
(B) in subparagraph (B)--
(i) by inserting ``not described in
subparagraph (A)(iii)'' after ``Unsubsidized
Stafford Loan''; and
(ii) by striking ``subparagraph (A)(ii)''
and inserting ``clause (ii) or (iii) of
subparagraph (A)'';
(2) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(E) in a case of a borrower who is between the
ages of 21 and 25, inclusive, and a recent college
student, as defined in paragraph (5), with respect to
loans made under this part to such borrower for a
period of enrollment during which the borrower was
pursuing a degree described in subparagraph (A) of such
paragraph (5)--
``(i) beginning as soon as practicable
after the last day of the second consecutive
month for which the Bureau of Labor Statistics
of the Department of Labor (in this paragraph
referred to as the `Bureau') publishes a
national unemployment rate that exceeds 7
percent, and ending as soon as practicable
after the Bureau publishes a national
unemployment rate that is 7 percent or lower,
except that such period shall not exceed 5
years; or
``(ii) beginning as soon as practicable
after the last day of the second consecutive
month for which the Bureau publishes a national
unemployment rate for individuals ages 21
through 25 years old that exceeds 9 percent,
and ending as soon as practicable after the
Bureau publishes a national unemployment rate
for such individuals that is 9 percent or
lower, except that such period shall not exceed
5 years.''; and
(3) by adding at the end the following new paragraph:
``(5) Definition of recent college student.--For the
purpose of this subsection, the term `recent college student'
means a borrower who--
``(A) who has received a baccalaureate degree from
an institution of higher education within 48 months
prior to the date of enactment of the U.S. Leads Act;
and
``(B) who has not previously received any such
baccalaureate degree.''. | Unshackling Students to Lead, Excel, Act, Develop, and Serve Act of 2012 or U.S. LEADS Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow recent college graduates to defer payment on their student loans under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs without accruing interest when the national unemployment rate exceeds 7% or the unemployment rate for 21-25 year olds exceeds 9%.
Limits that deferral period to a maximum of five years.
Makes the deferral available only to graduates aged 21-25 who received their first baccalaureate degree within the four years preceding this Act's enactment. | [
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SECTION 1. LIMITATION ON LIABILITY FOR PROTECTION OF COPYRIGHTED WORKS
ON PEER-TO-PEER NETWORKS.
(a) In General.--Chapter 5 of title 17, United States Code, is
amended by adding at the end the following new section:
``Sec. 514. Remedies for infringement: use of technologies to prevent
infringement of copyrighted works on peer-to-peer
computer networks
``(a) In General.--Notwithstanding any State or Federal statute or
other law, and subject to the limitations set forth in subsections (b)
and (c), a copyright owner shall not be liable in any criminal or civil
action for disabling, interfering with, blocking, diverting, or
otherwise impairing the unauthorized distribution, display,
performance, or reproduction of his or her copyrighted work on a
publicly accessible peer-to-peer file trading network, if such
impairment does not, without authorization, alter, delete, or otherwise
impair the integrity of any computer file or data residing on the
computer of a file trader.
``(b) Exceptions.--Subsection (a) shall not apply to a copyright
owner in a case in which--
``(1) in the course of taking an action permitted by
subsection (a), the copyright owner--
``(A) impairs the availability within a publicly
accessible peer-to-peer file trading network of a
computer file or data that does not contain a work, or
portion thereof, in which the copyright owner has an
exclusive right granted under section 106, except as
may be reasonably necessary to impair the distribution,
display, performance, or reproduction of such a work,
or portion thereof, in violation of any of the
exclusive rights of the copyright owner under section
106;
``(B) causes economic loss to any person other than
affected file traders; or
``(C) causes economic loss of more than $50.00 per
impairment to the property of the affected file trader,
other than economic loss involving computer files or
data made available through a publicly accessible peer-
to-peer file trading network that contain works in
which the owner has an exclusive right granted under
section 106; or
``(2) the copyright owner fails to comply with the
requirements of subsection (c).
``(c) Notification Requirement.--(1) A copyright owner shall not be
liable under subsection (a) for an act to which subsection (a) applies
only if--
``(A) the copyright owner has notified the Department of
Justice, in such manner as the Attorney General shall specify,
of the specific technologies the copyright owner intends to use
to impair the unauthorized distribution, display, performance,
or reproduction of the owner's copyrighted works over a
publicly accessible peer-to-peer file trading network; and
``(B) the notification under paragraph (1) was made at
least 7 days before the copyright owner engaged in the act.
``(2) At the request of an affected file trader or the assignee of
an Internet Protocol address used by an affected file trader, a
copyright owner shall provide notice to the affected file trader or
assignee (as the case may be) of--
``(A) the reason for impairing trading in the computer file
or data containing the copyrighted work of the copyright owner;
``(B) the name and address of the copyright owner; and
``(C) the right of the affected file trader to bring an
action described in subsection (d).
``(3) The notification by a copyright owner under paragraph (1)
shall not be construed for any purpose as an admission of an unlawful
act.
``(d) Cause of Action for Wrongful Impairment.--(1) If, pursuant to
the authority provided by subsection (a), a copyright owner knowingly
and intentionally impairs the distribution, display, performance, or
reproduction of a particular computer file or data, and has no
reasonable basis to believe that such distribution, display,
performance, or reproduction constitutes an infringement of copyright,
and an affected file trader suffers economic loss in excess of $250 as
a result of the act by the copyright owner, the affected file trader
may seek compensation for such economic loss in accordance with the
following:
``(A) The affected file trader may file a claim for such
compensation with the Attorney General not later than 1 year
after the date on which the claim accrues. The Attorney General
shall, not later than 10 days after the claim is filed, serve
notice of the claim on the copyright owner against whom the
claim is brought, and shall investigate the claim. The claim
shall be in writing under oath or affirmation and shall contain
such information and be in such form as the Attorney General
requires. The claim shall not be made public by the Attorney
General.
``(B) If the Attorney General determines after such
investigation that there is not reasonable cause to believe
that the facts alleged in the claim are true, the Attorney
General shall dismiss the claim and promptly notify the
affected file trader and the copyright owner against whom the
claim is brought of the Attorney General's action.
``(C) If the Attorney General determines after such
investigation that there is reasonable cause to believe that
the facts alleged in the claim are true, the Attorney General
shall promptly notify the affected file trader and the
copyright owner of the Attorney General's determination.
``(D) The Attorney General shall make the determination on
reasonable cause as promptly as possible, but in no case later
than 120 days after the date on which the claim is filed.
``(E) The affected file trader may seek compensation for
the economic loss that is the subject of the claim, plus
reasonable attorney's fees, in the appropriate United States
district court by filing an action in such court--
``(i) not later than 60 days after being notified
of the Attorney General's determination under
subparagraph (C); or
``(ii) if the Attorney General has not made a
determination on the claim within the 120-day period
specified in subparagraph (D), not later than 60 days
after the end of that 120-day period.
``(2) The cause of action established by this subsection shall only
be available as a remedy against impairing actions that would not be
lawful but for subsection (a).
``(e) Suits by United States.--The Attorney General of the United
States may seek injunctive relief in the appropriate United States
district court to prevent a copyright owner from engaging in impairing
activities that would not be lawful but for subsection (a) if that
owner has engaged in a pattern or practice of impairing the
distribution, display, performance, or reproduction of computer files
or data without a reasonable basis to believe that infringement of
copyright has occurred.
``(f) Construction With Other Statutes.--(1) Nothing in this
section shall be construed as limiting the authority of a copyright
owner to take any otherwise lawful action to enforce any of the
exclusive rights granted by section 106.
``(2) Nothing in this section shall limit any remedies available to
a person under section 1030 of title 18, or under any other State or
Federal statute or any other law, against a copyright owner who fails
to qualify for the protections afforded under subsection (a).
``(3) Actions taken by a copyright owner pursuant to subsection (a)
shall not be considered by a court for any other purpose under this
title, including in determining whether a particular use of a work is
infringing.
``(g) Nondisclosure of Information.--Information contained in any
notification under subsection (c)(1)(A) may not be made available to
the public under section 552 of title 5.
``(h) Definitions.--In this section--
``(1) the term `economic loss' means monetary costs only;
``(2) `peer-to-peer file trading network' means two or more
computers which are connected by computer software that--
``(A) is primarily designed to--
``(i) enable the connected computers to
transmit files or data to other connected
computers;
``(ii) enable the connected computers to
request the transmission of files or data from
other connected computers; and
``(iii) enable the designation of files or
data on the connected computers as available
for transmission; and
``(B) does not permanently route all file or data
inquiries or searches through a designated, central
computer located in the United States;
``(3) a peer-to-peer file trading network is `publicly
accessible' if--
``(A) participation in the network is substantially
open to the public; and
``(B) the network enables the transmission of
computer files or data over the Internet or any other
public network of computers;
``(4) the term `file trader' means an individual who is
utilizing a publicly accessible, peer-to-peer file trading
network to transmit, make available for transmission, or
download computer files or data, or the owner of a computer
that is connected to a publicly accessible, peer-to-peer file
trading network and is engaged in the transmission of computer
files or data through the peer-to-peer file trading network;
``(5) the term `distribution', in the case of a computer
connected to a peer-to-peer file trading network, includes the
placement of a computer file or data in an area of a computer
that is accessible to other computers connected to the peer-to-
peer file trading network; and
``(6) the term `copyright owner' means a legal or
beneficial owner of an exclusive right under section 106 and
any party authorized to act on the owner's behalf.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 17, United States Code, is amended by adding at the end the
following new item:
``514. Remedies for infringement: use of technologies to prevent
infringement of copyrighted works on peer-
to-peer computer networks.''. | Amends Federal copyright law to protect a copyright owner from liability in any criminal or civil action for impairing, with appropriate technology, the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader.Denies such liability protection to a copyright owner who does not comply with certain notification requirements or who: (1) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work in which the owner has an exclusive copyright; (2) causes economic loss to any person other than affected file traders; or (3) causes other economic loss of more than $50.00 per impairment to the property of the affected file trader.Conditions a copyright owner's protection from liability upon seven-days' notice to the Department of Justice of the specific technologies intended for use to impair unauthorized distribution, display, performance, or reproduction of a copyrighted work. Requires notice as well, upon request, to an affected file trader or the assignee of an Internet Protocol address used by an affected file trader.Provides for a cause of action against a copyright owner for wrongful impairment, including an action by the Attorney General for injunctive relief in certain circumstances. | [
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SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``NAFTA Worker
Adjustment Assistance Act''.
(b) Reference.--Whenever in this Act an amendment is expressed in
terms of an amendment to a section, subsection, or other provision, the
reference shall be considered to be made to a section, subsection, or
other provision of the Trade Act of 1974.
SEC. 2. ELIGIBILITY OF WORKERS AFFECTED BY NORTH AMERICAN FREE TRADE
AGREEMENT.
(a) Adjustment Assistance for Workers.--
(1) In general.--Section 222 (19 U.S.C. 2272) is amended by
adding at the end thereof the following new subsection:
``(c) Special Rule for Workers Affected by North American Free
Trade Agreement.--
``(1) In the case of a group of workers affected by the
North American Free Trade Agreement (including workers in any
agricultural firm or subdivision thereof), the Secretary shall
certify such group as eligible for adjustment assistance under
this chapter, if--
``(A) the Secretary makes the determination under
paragraphs (1) and (2) of subsection (a), and
``(B) the Secretary determines that--
``(i) increases of imports of articles like
or directly competitive with articles which are
produced by such workers' firm or appropriate
subdivision thereof, contributed importantly to
such total or partial separation, or threat
thereof, and to such decline in sales,
``(ii) the North American Free Trade
Agreement contributed importantly to a shift in
production to Mexico of articles like or
directly competitive with articles which are
produced by such workers' firm or appropriate
subdivision thereof, or
``(iii) the group of workers is employed in
the manufacture of motor vehicles in the United
States.
``(2) For purposes of this subsection, the term `North
American Free Trade Agreement' means an agreement between the
United States and Mexico (without regard to whether Canada is a
party to all or part of such agreement) which provides for the
establishment of a free trade area between the two nations
through the reduction and elimination of barriers to trade.''.
(2) Conforming amendment.--Subsection (b) of section 222
(19 U.S.C. 2272(b)) is amended by inserting ``and subsection
(c)'' after ``subsection (a)(3)''.
(b) Determinations by Secretary of Labor.--Section 223 (19 U.S.C.
2273) is amended by striking ``(a)'' and inserting ``(a)(1)'', and by
adding at the end of subsection (a) the following new paragraph:
``(2) As soon as possible after the date a notice is
received under section 239(a)(5), but in no event later than 10
working days after that date, the Secretary shall determine
if--
``(A) the group of workers is described in section
222(c)(1)(B)(iii), or
``(B)(i) there has been a shift in production to
Mexico of articles like or directly competitive with
articles which are produced by such workers' firm or
appropriate subdivision thereof, and
``(ii) the North American Free Trade Agreement
contributed importantly to such shift, and
shall issue a certification of eligibility to apply for
assistance under this chapter covering workers in any group
with respect to which such determination has been made.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the day a bill implementing the North American Free Trade
Agreement is enacted into law and shall terminate on the date on which
such Agreement is fully phased in.
SEC. 3. AMENDMENTS TO TITLE II OF THE TRADE ACT OF 1974.
(a) Reemployment Services.--Section 235 (19 U.S.C. 2295) is amended
to read as follows:
``SEC. 235. EMPLOYMENT SERVICES.
``(a) In General.--The Secretary shall ensure that adversely
affected workers covered by a certification under subchapter A of this
chapter are provided early and effective reemployment assistance. Such
assistance should include--
``(1) counseling,
``(2) testing,
``(3) labor market information,
``(4) job development,
``(5) job search and placement services, and
``(6) other supportive services provided for under any
other Federal law, including services provided by a State
pursuant to title III of the Job Training Partnership Act.
``(b) Agreements With States.--The Secretary shall, whenever
appropriate, procure the services described in subsection (a) by
entering into agreements with States, and shall make available to
States such funds as may be necessary to provide such services.''.
(b) Training.--
(1) In general.--Section 236(a)(2)(A) of such Act (19
U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000''
and inserting ``$120,000,000''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to the first fiscal year after the fiscal year in
which the United States enters into the North American Free
Trade Agreement, and to each fiscal year thereafter.
(c) Agreements With States.--
(1) Section 239(a) (19 U.S.C. 2311(a)) is amended--
(A) by striking ``and (4)'' and inserting ``(4)'',
and
(B) by striking the period at the end thereof and
inserting ``, and (5) will notify the Employment and
Training Administration of any notice received under
the Worker Adjustment and Retraining Notification Act
within 5 working days after receiving such notice.''.
(2) Section 239 (19 U.S.C. 2311) is amended by adding at
the end thereof the following new subsection:
``(g) Reporting.--
``(1) Any agreement entered into under this section shall
provide for the establishment of a standardized system for
reporting the operation and effectiveness of the State program
during the preceding year.
``(2) Reports under this subsection shall be submitted by
the States to the Secretary on an annual basis.''.
SEC. 4. FUNDING FOR NAFTA WORKER ADJUSTMENT ASSISTANCE.
(a) Temporary Imposition of De Minimus Worker Adjustment Fee.--The
President shall make a determination of the amount necessary to fund
worker assistance programs under chapter 2 of title II of the Trade Act
of 1974 for workers described in section 222(c) of such Act and shall
negotiate an agreement as part of the supplemental agreements to the
North American Free Trade Agreement for the imposition by the United
States of a de minimus uniform fee on all articles imported into the
United States from Mexico. Such fee shall--
(1) be used to fund programs which assist United States
workers experiencing dislocation as a result of the
implementation and operation of the North American Free Trade
Agreement,
(2) take effect on the date that is 30 days after the date
a bill implementing the North American Free Trade Agreement is
enacted into law, and
(3) expire on the date which is 30 days after the date on
which such Agreement is fully phased in.
(b) Part of Revenues To Fund Trade Adjustment Assistance.--If the
President is unable to negotiate the imposition of a de minimus uniform
fee pursuant to subsection (a), the President shall determine the
amount necessary to fund the programs described in such subsection and
shall designate a portion of the tariffs imposed on articles imported
from Mexico sufficient to fund such programs. Such amount shall be
transferred to the Trade Adjustment Assistance Trust Fund (established
under section 286 of the Trade Act of 1974). In negotiating the
elimination of tariffs under the North American Free Trade Agreement,
the President shall assure revenues from such tariffs are adequate to
provide assistance to United States workers who are dislocated as a
result of such Agreement.
(c) Special Safeguard Provisions.--Any increase in duties under any
special safeguard provision in the North American Free Trade Agreement,
which are imposed to remedy injury to United States industries
resulting from increased imports, shall be transferred to the Trade
Adjustment Assistance Trust Fund.
SEC. 5. CONFORMING AMENDMENTS TO TRADE ADJUSTMENT ASSISTANCE TRUST
FUND.
(a) In General.--Section 286(b)(1) of the Trade Act of 1974 (19
U.S.C. 2396(b)(1)) is amended by striking ``the duty imposed by section
287'' and inserting ``any fees imposed or duties collected pursuant to
section 4 of the NAFTA Worker Adjustment Assistance Act.''.
(b) Availability of Amounts in Trust Fund; Authorization.--
Subsections (d) and (e) of section 286 (19 U.S.C. 2396) are amended to
read as follows:
``(d) Availability of Amounts in Treasury.--
``(1) Amounts in the Trust Fund shall be available as
provided in appropriation Acts for expenditures that are
required to carry out the provisions of chapter 2 with respect
to workers described in section 222(c) (including
administrative costs) and for payments required under
subsection (e)(2).
``(2)(A) If the total amount of funds expended in any
fiscal year to carry out chapter 2 with respect to such workers
(including administrative costs) exceeds the amount collected
under section 4 of the NAFTA Worker Adjustment Assistance Act
during the preceding 1-year period, the Secretary of Labor and
the Secretary of Commerce (in consultation with the Secretary
of the Treasury) shall make a pro rata reduction in the amount
of trade adjustment allowances that are paid under sections 231
through 234 to such workers.
``(B) The reduction shall be--
``(i) based on estimates of the amount of funds
that will be necessary to carry out chapter 2 and the
amount of revenue that will be raised by section 4 of
the NAFTA Worker Adjustment Assistance Act during the
remainder of such fiscal year and the succeeding fiscal
year,
``(ii) made in a manner that ensures that all
workers eligible for assistance under section 222(c)
receive some assistance under such chapter 2, and
``(iii) made in a manner that ensures that the
expenditures for such assistance during the remainder
of the fiscal year and the succeeding fiscal year do
not exceed the amount of funds available in the Trust
Fund.
``(C) No reduction may be made under this paragraph in the
amount of trade readjustment allowance payable under sections
231 through 234 to a worker who--
``(i) is described in section 222(c), and
``(ii) received a trade readjustment allowance
under sections 231 through 234 for the week preceding
the first week for which a reduction is otherwise being
made under this paragraph.
``(D) If a pro rata reduction is in effect at the close of
a fiscal year, the Secretary of Labor and the Secretary of
Commerce, in consultation with the Secretary of the Treasury,
may adjust or modify such reduction at the beginning of the
fiscal year succeeding such fiscal year, based on estimates of
the amount of funds that will be necessary to carry out chapter
2 with respect to workers described in section 222(c), and of
the amount of revenue that will be raised by section 4 of the
NAFTA Worker Adjustment Assistance Act during the succeeding
fiscal year.
``(E) Any pro rata reduction made under subparagraph (A),
and any pro rata reduction which is adjusted or modified under
subparagraph (D), shall cease to apply after the week in
which--
``(i) a 1-year period ends during which the total
amount of funds that would have been expended to carry
out chapter 2 with respect to workers described in
section 222(c) (including administrative costs), if
such reduction were not in effect, did not exceed an
amount equal to the total amount collected under
section 4 of the NAFTA Worker Adjustment Assistance Act
during such 1-year period, or
``(ii) the Secretary of Labor and the Secretary of
Commerce, in consultation with the Secretary of the
Treasury, determine that the amount of funds available
in the Trust Fund are sufficient to carry out chapter 2
with respect to workers described in section 222(c)
without such reduction.
``(e) Authorization of Appropriations; Repayable Advances.--
``(1)(A) There are authorized to be appropriated to the
Trust Fund, as repayable advances, such sums as may from time
to time be necessary to make the expenditures described in
subsection (d)(1).
``(B) Any advance appropriated to the Trust Fund under
subparagraph (A) may be paid to the Trust Fund only to the
extent that the total amount of advances paid during the fiscal
year to the Trust Fund from any appropriation authorized under
subparagraph (A) that are outstanding after such advance is
paid to the Trust Fund does not exceed the lesser of--
``(i) the excess of--
``(I) the total amount of funds that the
Secretary of the Treasury (in consultation with
the Secretary of Labor and the Secretary of
Commerce) estimates will be necessary for the
payments and expenditures described in
subsection (d)(1) for such fiscal year, over
``(II) the total amount of funds that the
Secretary of the Treasury estimates will be
available in the Trust Fund during the fiscal
year (determined without regard to any advances
made under this subsection during such fiscal
year), or
``(ii) the excess of--
``(I) an amount equal to the total amount
the Secretary of the Treasury estimates will be
collected under section 4 of the NAFTA Worker
Adjustment Assistance Act during such fiscal
year, over
``(II) the amount described in clause
(i)(II).
``(2) Advances made to the Trust Fund from appropriations
authorized under paragraph (1)(A) shall be repaid, and interest
on such advances shall be paid, to the general fund of the
Treasury of the United States when the Secretary of the
Treasury determines that sufficient funds are available in the
Trust Fund for such purposes.
``(3) Interest on advances made from appropriations
authorized under paragraph (1)(A) shall be at a rate determined
by the Secretary of the Treasury (as of the close of the
calendar month preceding the month in which the advance is
made) to be equal to the current average market yield on
outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the anticipated
period during which the advance will be outstanding.''.
(c) Effective Date.--Section 1430(c) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2397 note) is amended by
striking ``the first date'' and all that follows through the end period
and inserting ``the day on which a bill implementing the North American
Free Trade Agreement is enacted into law.''.
SEC. 6. EXTENSION OF SUNSET.
Subsection (b) of section 285 (19 U.S.C. 2271, preceding note) is
amended by striking ``no duty shall be imposed under section 287, after
September 30, 1993'' and inserting ``no fee shall be imposed under
section 4 of the NAFTA Worker Adjustment Assistance Act after September
30, 1998''. | NAFTA Worker Adjustment Assistance Act - Amends the Trade Act of 1974 to provide trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) between the United States and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that: (1) increases of imports like or directly competitive with imports produced by such workers' firm contributed importantly to a separation and decline in sales; (2) NAFTA contributed importantly to a shift in U.S. production in Mexico; or (3) the workers are employed in the manufacture of motor vehicles in the United States. Makes such assistance available during the phase-in period of the Agreement.
Revises provisions under the trade adjustment assistance program concerning reemployment assistance to include labor market information, job development, and job search and placement services. Makes funds available to States to provide such services. Increases the funds available for training under such program. Requires the establishment of a standardized reporting system to determine the effectiveness of State-run programs.
Directs the President to negotiate an agreement for the temporary imposition of a de minimis uniform fee on all articles imported into the United States from Mexico to fund trade adjustment assistance programs needed as a result of NAFTA. Requires, if the President is unable to negotiate such an agreement, that a certain portion of tariffs imposed on Mexican imports be used to fund such programs. Transfers any increase in duties to the Trade Adjustment Assistance Trust Fund. Authorizes appropriations to such Fund as necessary. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Fairness Act of 1996''.
SEC. 2. DISCRIMINATION PROHIBITED.
A covered entity shall not subject an individual to different
standards or treatment on any basis other than factors pertaining to
job performance in connection with employment or employment
opportunities, or beginning on the 91st day of employment following
hire or rehire, the compensation, terms conditions, or privileges of
employment.
SEC. 3. QUOTAS PROHIBITED.
A covered entity shall not adopt or implement a quota pursuant to
this Act on any basis other than factors pertaining to job performance.
SEC. 4. RELIGIOUS EXEMPTION.
(a) In General.--Except as provided in subsection (b), this Act
shall not apply to religious organizations.
(b) For-Profit Activities.--This Act shall apply with respect to
employment and employment opportunities that relate to any employment
position that pertains solely to a religious organization's for-profit
activities subject to taxation under section 511(a) of the Internal
Revenue Code of 1986.
SEC. 5. ENFORCEMENT.
(a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
(1) the Commission shall have the same powers as the
Commission has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), or
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and
1204),
in the case of a claim alleged by such individual for a
violation of such title or of section 302(a)(1) of such Act,
respectively,
(2) the Librarian of Congress shall have the same powers as
the Librarian of Congress has to administer and enforce title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the case of a claim alleged by such individual for a
violation of such title,
(3) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (Public Law 104-1; 109
Stat. 3) shall have the same powers as the Board has to
administer and enforce the Congressional Accountability Act of
1995 in the case of a claim alleged by such individual for a
violation of section 201(a)(1) of such Act.
(4) the Attorney General of the United States shall have
the same powers as the Attorney General has to administer and
enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), or
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
1204),
in the case of a claim alleged by such individual for a
violation of such title or of section 302(a)(1) of such Act,
respectively, and
(5) the courts of the United States shall have the same
jurisdiction and powers as such courts have to enforce--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) in the case of a claim alleged by
such individual for a violation of such title,
(B) sections 302, 303, and 304 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204)
in the case of a claim alleged by such individual for a
violation of section 302(a)(1) of such Act, and
(C) the Congressional Accountability Act of 1995
(Public Law 104-1; 109 Stat. 3) in the case of a claim
alleged by such individual for a violation of section
201(a)(1) of such Act.
(b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
(1) the procedures and remedies applicable for a violation
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.) in the case of a claim alleged by such individual for
a violation of such title,
(2) the procedures and remedies applicable for a violation
of section 302(a)(1) of the Government Employee Rights Act of
1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
such individual for a violation of such section, and
(3) the procedures and remedies applicable for a violation
of section 201(a)(1) of Congressional Accountability Act of
1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim
alleged by such individual for a violation of such section.
(c) Other Applicable Provisions.--With respect to claims alleged by
covered employees (as defined in section 101 of the Congressional
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for
violations of this Act, title III of the Congressional Accountability
Act of 1995 shall apply in the same manner as such title applies with
respect to a claims alleged by such covered employees for violations of
section 201(a)(1) of such Act.
SEC. 7. STATE AND FEDERAL IMMUNITY.
(a) State Immunity.--A State shall not be immune under the eleventh
article of amendment to the Constitution of the United States from an
action in a Federal court of competent jurisdiction for a violation of
this Act. In an action against a State for a violation of this Act,
remedies (including remedies at law and in equity) are available for
the violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
(b) Liability of the United States.--The United States shall be
liable for all remedies (excluding punitive damages) under this Act to
the same extent as a private person and shall be liable to the same
extent as a nonpublic party for interest to compensate for delay in
payment.
SEC. 8. ATTORNEYS' FEES.
In any action or administrative proceeding commenced pursuant to
this Act, the court or the Commission, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including expert fees and other litigation expenses, and costs.
The United States shall be liable for the foregoing the same as a
private person.
SEC. 9. POSTING NOTICES.
A covered entity shall post notices for employees, and for
applicants for employment, describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).
SEC. 10. REGULATIONS.
The Commission shall have authority to issue regulations to carry
out this Act.
SEC. 11. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual under title VII of the Civil
Rights Act of 1964, or any other Federal law or any law of a State or
political subdivision of a State.
SEC. 12. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected thereby.
SEC. 13. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before such
effective date.
SEC. 14. DEFINITIONS.
As used in this Act:
(1) The term ``Commission'' means the Equal Employment
Opportunity Commission.
(2) The term ``covered entity'' means an employer,
employment agency, labor organization, joint labor management
committee, an entity to which section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
authority to which section 302(a)(1) of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
employing authority to which section 201(a) of the
Congressional Accountability Act of 1995 (Public Law 104-1; 109
Stat. 3) applies.
(3) The term ``employer'' has the meaning given such term
in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)), except that a reference in such section to employees
shall be deemed for purposes of this Act to be a reference to
full-time employees.
(4) The term ``employment agency'' has the meaning given
such term in section 701(c) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(c)).
(5) The term ``employment or employment opportunities''
includes job application procedures, hiring, advancement,
discharge, compensation, job training, or any other term,
condition, or privilege of employment.
(6) The term ``labor organization'' has the meaning given
such term in section 701(d) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(d)).
(7) 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)).
(8) The term ``factors pertaining to job performance''
means--
(A) employment history, including referrals from
previous employers,
(B) ability and willingness to comply with the
performance requirements (including attendance and
procedures) of the particular employment involved,
(C) educational background,
(D) any use of a drug or of alcohol, that may
adversely affect job performance,
(E) any conviction of an offense for which a term
of imprisonment exceeding 1 year could have been
imposed,
(F) any conflict of interest relating to the
particular employment involved,
(G) seniority recognized under an applicable bona
fide seniority system,
(H) ability to work well with others (cooperation
and teamwork), and
(I) insubordination.
(9) The term ``religious organization'' means--
(A) a religious corporation, association, or
society, or
(B) a college, school, university, or other
educational institution, not otherwise a religious
organization, if--
(i) it is in whole or substantial part
controlled, managed, owned, or supported by a
religious corporation, association, or society,
or
(ii) its curriculum is directed toward the
propagation of a particular religion.
(10) The term ``State'' has the meaning given such term in
section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(i)). | Workplace Fairness Act of 1996 - Prohibits employment discrimination on any basis other than job performance by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply.
Prohibits quotas. Declares that this Act does not apply to religious organizations (except in their for-profit activities). Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including ability and willingness to comply with performance requirements (including attendance and procedures), any use of a drug or of alcohol that may adversely affect job performance, any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed, and the ability to work well with others. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Less Imprecision in Species
Treatment Act of 2018'' or the ``LIST Act of 2018''.
SEC. 2. REQUIREMENT TO INITIATE DELISTING.
(a) Requirement in Case of Recovery.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
``(9)(A) The Secretary shall initiate the procedures in accordance
with subsection (a)(1) to remove a species from a list published under
subsection (c) if--
``(i) the goals of a recovery plan for the species
developed under subsection (f) have been met; or
``(ii) the goals for recovery of the species have not been
developed under subsection (f), and the Secretary determines
that the species has recovered sufficiently to no longer
require the protection of the Act.
``(B) Notwithstanding the requirement of subsection (c)(2) that
each determination under subparagraph (B) of that subsection shall be
made in accordance with the provisions of subsections (a) and (b), the
Secretary shall remove a species from any list published under
subsection (c) if the Department of the Interior has produced or
received substantial scientific or commercial information demonstrating
that the species is recovered or that recovery goals set for the
species under subsection (f) have been met.
``(C) In the case of a species removed under subparagraph (A) from
a list published under subsection (c), the publication and notice under
subsection (b)(5) shall consist solely of a notice of such removal.''.
(b) Requirement in Case Erroneously or Wrongfully Listed.--Section
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as
amended by subsection (a), is further amended by adding at the end the
following:
``(H)(i) Not later than 90 days after the date the Department of
the Interior receives or produces under this subsection information
described in clause (ii) regarding a species included in a list under
subsection (c), the Secretary shall to the maximum extent practicable
find whether the inclusion of such species in such list was less than
likely to have occurred in the absence of the scientific or commercial
information referred to in clause (ii).
``(ii) Information referred to in clause (i) is any information
demonstrating that the listing was determined on the basis of
scientific or commercial information available to, or received or
produced by, the Department under paragraphs (1) and (3) of subsection
(b) that at the time the scientific or commercial information was
available to or received or produced by the Department it was--
``(I) inaccurate beyond scientifically reasonable margins
of error;
``(II) fraudulent; or
``(III) misrepresentative.
``(iii) Notwithstanding the requirement under subsection (c)(2)(B)
that each determination under subparagraph (B) shall be made in
accordance with the provisions of subsections (a) and (b), the
Secretary shall--
``(I) remove from any list published under subsection (c)
any species for which a positive finding is made under clause
(i); and
``(II) promptly publish in the Federal Register notice of
such finding that includes such information as was received or
produced by the Department under such clause.
``(iv) Any positive finding by the Secretary under clause (i) shall
not be subject to judicial review.
``(v) Any negative finding by the Secretary under clause (i) shall
be subject to judicial review.
``(vi) In the case of a species removed under clause (iii) from a
list, the publication and notice under subsection (b)(5) shall consist
solely of a notice of such removal.
``(vii) If the Secretary finds that a person submitted a petition
that is the subject of a positive finding under clause (i) knowing that
it contained scientific or commercial information described in clause
(ii), then during the 10-year period beginning on the date of the
finding under this clause the person shall not be considered an
interested person for purposes of subparagraph (A) with respect to any
petition submitted by the person after the date the person submitted
such scientific or commercial information.''.
SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW.
Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end
the following:
``(3) Each determination under paragraph (2)(B) shall consider one
of the following:
``(A) Except as provided in subparagraph (B) of this
paragraph, the criteria required under subsection (f)(1)(B) in
the recovery plan for the species.
``(B) If the objective, measurable criteria under
subsection (f)(1)(B)(ii) are not established, the factors for
the determination that a species is an endangered species or a
threatened species set forth in subsections (a)(1) and (b)(1).
``(C) A finding of error in the determination that the
species is an endangered species, a threatened species, or
extinct.
``(D) A determination that the species is no longer an
endangered species or threatened species or in danger of
extinction, based on an analysis of the factors that are the
basis for listing in subsections (a)(1) and (b)(1).''. | Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Power Plant Safety Act of
2011''.
SEC. 2. NUCLEAR POWER PLANT SAFETY.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170J. Revision of Nuclear Power Plant Safety Regulations.--
``a. Not later than 90 days after the date of enactment of the
Nuclear Power Plant Safety Act of 2011, the Commission shall initiate a
rulemaking proceeding, including notice and opportunity for public
comment, to be completed not later than 18 months after such date of
enactment, to revise its regulations to ensure that each utilization
facility licensed under this Act can withstand and adequately respond
to--
``(1) an earthquake, tsunami (for a facility located in a
coastal area), strong storm, or other event that threatens a
major impact to the facility;
``(2) a loss of the primary operating power source for at
least 14 days; and
``(3) a loss of the primary backup operating power source
for at least 72 hours.
``b. The revision of regulations under this section shall provide
for--
``(1) a requirement that each licensed utilization
facility, including any onsite spent nuclear fuel facilities,
be equipped with resilient containment, safety, and diagnostic
systems sufficient to withstand the circumstances described in
subsection a., including requirements to ensure that the
reactor core remains cooled, that the containment remains
intact, and that the spent fuel cooling and spent fuel pool
integrity are maintained;
``(2) a requirement that licensees have at least 14 days
worth of emergency power system fuel onsite with which to power
the licensed facility in the event of a loss of the primary
operating power source;
``(3) a requirement that licensees have sufficient
secondary emergency power to power the licensed facility in the
event of a loss of both the primary operating power source and
the emergency power system described in paragraph (2) for at
least 72 hours;
``(4) a requirement that licensees develop, and obtain
approval from the Commission for, a plan to obtain sufficient
additional fuel or batteries in the event of a long duration
loss of operating power or total station blackout;
``(5) a requirement that licensees amend, and obtain
approval from the Commission for, any guidance and strategies
developed by the licensees that are intended to maintain or
restore core cooling, containment, and spent fuel pool cooling
capabilities under the circumstances associated with loss of
large areas of the plant due to explosions or fire, in order to
incorporate lessons learned from the Fukushima nuclear power
plant meltdown into such guidance and strategies;
``(6) a requirement that spent nuclear fuel rods be moved
from storage pools to certified dry cask storage within one
year of the nuclear fuel rods being qualified to be placed in
the certified dry casks;
``(7) a requirement to configure spent nuclear fuel rods in
spent nuclear fuel pools in a manner that would minimize the
chance of a fire in the event of the loss of the water in the
spent nuclear fuel pool;
``(8) a requirement that emergency response exercises
include scenarios that are based on the near-simultaneous
occurrence of circumstances described in subsection a. such as
the near-simultaneous earthquake, tsunami, and total station
blackout that occurred at the Fukushima nuclear power plant in
2011; and
``(9) appropriate requirements for periodic verification of
compliance with the regulations issued under this section.
``c. The Commission shall not issue an approval for any
construction permit, operating license, license extension, design
certification, combined license, design approval, or manufacturing
license until the revisions of regulations under this section take
effect.''.
(b) Conforming Amendment.--The table of contents of the Atomic
Energy Act of 1954 is amended by inserting after the item relating to
section 170I the following new item:
``Sec. 170J. Revision of nuclear power plant safety regulations.''.
SEC. 3. LOAN GUARANTEES.
Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C.
16512(b)) is amended by inserting after paragraph (2) the following:
``In the case of a guarantee for advanced nuclear energy facilities,
the Secretary shall ensure that the cost of the obligation is
calculated using a consideration of the Tohoku earthquake of 2011 to
estimate the risk characteristics of the project.''. | Nuclear Power Plant Safety Act of 2011 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to initiate a rulemaking proceeding to revise nuclear power plant safety regulations to ensure that each licensed utilization facility can withstand and adequately respond to: (1) an earthquake, tsunami (for a facility located in a coastal area), strong storm, or other event that threatens a major impact to the facility; (2) a loss of the primary operating power source for at least 14 days; and (3) a loss of the primary backup operating power source for at least 72 hours.
Amends the Energy Policy Act of 2005, in connection with loan guarantees, to require the Secretary of Energy (DOE) to ensure, in the case of a guarantee for advanced nuclear energy facilities, that the cost of the obligation is calculated using a consideration of the Tohoku earthquake of 2011 to estimate the risk characteristics of the project. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Export Promotion
Enhancement Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988
Sec. 101. Establishment and purpose.
Sec. 102. Duties.
Sec. 103. Strategic plan.
Sec. 104. Director and Associate Directors.
Sec. 105. Staff; experts and consultants.
Sec. 106. Advisory Board on Trade Promotion.
Sec. 107. Report to Congress.
Sec. 108. Report on export policy.
Sec. 109. Authorization of appropriations.
Sec. 110. Clerical amendment.
Sec. 111. Effective date.
TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES
Sec. 201. Conforming amendments to other laws.
Sec. 202. References.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As the world's largest economy, the United States has
an enormous stake in the future of the global trading system.
(2) Exports are a crucial force driving the United States
economy and job creation.
(3) While nearly 97 percent of United States exporters are
small and medium enterprises (SMEs), SMEs account for just over
one-fourth of exports, leaving much room for growth.
(4) Two-thirds of United States exporters have fewer than
20 employees and sell to just one foreign market.
(5) Manufacturers account for 61 percent of total United
States exports with small manufacturers accounting for
approximately 15 percent of total United States exports. Thirty
percent of small manufacturers do not currently export but
would consider doing so if they had more help in securing vital
information on foreign markets, customers, and export
procedures.
(6) United States small and medium enterprises face tough
competition from trading partners of the United States that
aggressively undertake export promotion programs that directly
support and underwrite the expanded growth in trade of their
small and medium enterprises.
(7) United States trade promotion is carried out in part by
21 departments and agencies of the Federal Government.
Representatives from these Federal departments and agencies are
members of the Trade Promotion Coordinating Committee (TPCC), a
Federal committee that has not lived up to congressional intent
to provide a seamless offering of export promotion products and
services due in part to the inadequate allocation of resources
and a lack of ultimate decision making budget input authority
to ensure effective results are achieved for the invested
resources.
SEC. 3. PURPOSE.
The purpose of this Act and the amendments made by this Act is to
improve the performance and results of trade promotion policies and
programs of the Federal Government in accordance with the Government
Performance and Results Act of 1993 (Public Law 103-62).
TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988
SEC. 101. ESTABLISHMENT AND PURPOSE.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``in the Executive Office
of the President'' after ``shall establish'';
(ii) by striking ``Trade Promotion
Coordinating Committee'' and inserting ``Office
of Trade Promotion''; and
(iii) by striking ``TPCC'' each place it
appears and inserting ``Office'';
(B) in paragraph (1), by inserting ``and oversee''
after ``to coordinate''; and
(C) in paragraph (2), by inserting ``and supervise
implementation of'' after ``to develop''; and
(2) in subsections (b) through (f), by striking ``TPCC''
each place it appears and inserting ``Office''.
SEC. 102. DUTIES.
Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(b)) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively;
(2) by inserting before paragraph (2) (as redesignated) the
following new paragraph:
``(1) advise the President, and others within the Executive
Office of the President, on matters relating to trade promotion
policies and programs of the United States Government;''.
(3) in paragraph (2) (as redesignated), by striking
``coordinate'' and inserting ``supervise'';
(4) in paragraph (4) (as redesignated)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``and attainment of
measurable results'' after ``better delivery of
services''; and
(ii) by inserting ``with emphasis on small
and medium enterprises'' after ``United States
businesses''; and
(B) in subparagraph (C), by adding at the end
before the semicolon the following: ``, including
assistance to match United States businesses with
foreign businesses, as appropriate'';
(5) in paragraph (5) (as redesignated), by inserting ``and
enhance the effectiveness of'' after ``prevent unnecessary
duplication in''; and
(6) in paragraph (6) (as redesignated) to read as follows:
``(6) review and make input on the appropriate levels and
allocation of resources among agencies in support of export
promotion and export financing and advise the President as to
the concurrence in these allocations based on its review;
and''.
SEC. 103. STRATEGIC PLAN.
Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``and explain'' and inserting ``,
explain''; and
(B) by adding at the end before the semicolon the
following: ``, and detail the benchmarks for the
implementation of the priorities'';
(2) in paragraph (2), by inserting ``and effectiveness''
after ``to improve coordination''; and
(3) in paragraph (4)--
(A) by striking ``propose to the President an
annual'' and inserting ``include in the annual Federal
budget submission to Congress a detailed'';
(B) by striking ``that supports'' and inserting
``and oversee its implementation so it supports''; and
(C) by adding ``and'' after the semicolon;
(4) in paragraph (5), by striking ``; and'' and inserting a
period; and
(5) by striking paragraph (6).
SEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended by striking subsection (d) and inserting the following new
subsection:
``(d) Director and Associate Directors.--
``(1) Director.--There shall be at the head of the Office a
Director of the Office of Trade Promotion, who shall--
``(A) be appointed by the President, by and with
the advice and consent of the Senate; and
``(B) be compensated at a rate consistent with the
compensation of the directors of other offices within
the Executive Office of the President.
``(2) Associate directors.--The President may appoint not
more than two Associate Directors of the Office of Trade
Promotion, by and with the advice and consent of the Senate,
who shall each--
``(A) be compensated at a rate not to exceed the
rate provided for other associate directors of offices
within the Executive Office of the President; and
``(B) perform such functions as the Director may
prescribe.''.
SEC. 105. STAFF; EXPERTS AND CONSULTANTS.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended by striking subsection (e) and inserting the following new
subsection:
``(e) Staff; Experts and Consultants.--
``(1) Staff.--
``(A) In general.--The Director of the Office may
appoint and fix the pay of additional personnel as the
Director considers appropriate.
``(B) Staff of federal agencies.--Upon request of
the Director, the head of any Federal department or
agency that is represented on the Advisory Board on
Trade Promotion established pursuant to subsection (f)
may detail any of the personnel of that department or
agency to the Office to assist it in carrying out its
duties under this section.
``(2) Experts and consultants.--The Director of the Office
may procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay for GS-15 of the General Schedule.''.
SEC. 106. ADVISORY BOARD ON TRADE PROMOTION.
(a) Advisory Board on Trade Promotion.--Section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Advisory Board on Trade Promotion.--
``(1) Establishment and purpose.--The President shall
establish the Advisory Board on Trade Promotion (hereafter in
this subsection referred to as the `Advisory Board'). The
purpose of the Advisory Board shall be to advise the Director
of the Office in carrying out the duties of the Office under
this section and section 6 of the Export Enhancement Act of
1999 (15 U.S.C. 4727a).
``(2) Membership.--
``(A) In general.--Members of the Advisory Board
shall include representatives from--
``(i) the Department of Agriculture;
``(ii) the Department of Commerce;
``(iii) the Department of Defense;
``(iv) the Department of Energy;
``(v) the Department of the Interior;
``(vi) the Department of Labor;
``(vii) the Department of State;
``(viii) the Department of Transportation;
``(ix) the Department of the Treasury;
``(x) the Environmental Protection Agency;
``(xi) the Export-Import Bank of the United
States;
``(xii) the United States Agency for
International Development;
``(xiii) the Millennium Challenge
Corporation;
``(xiv) the Office of Management and
Budget;
``(xv) the Overseas Private Investment
Corporation;
``(xvi) the Small Business Administration;
``(xvii) the Trade and Development Agency;
``(xviii) the Office of the United States
Trade Representative; and
``(xix) at the discretion of the President,
such other departments or agencies as may be
necessary.
``(B) Chairperson.--The Secretary of Commerce shall
serve as the chairperson of the Advisory Board.
``(3) Member qualifications.--Members of the Advisory Board
shall be appointed by the heads of their respective departments
or agencies. Such members, as well as alternates designated by
any members unable to attend a meeting of the Advisory Board,
shall be individuals who exercise significant decisionmaking
authority in their respective departments or agencies.''.
(b) Environmental Trade Promotion.--
(1) Environmental trade working group.--Section 2313(b) of
the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is
amended--
(A) in the heading, by striking ``Trade Promotion
Coordination Committee'' and inserting ``Advisory Board
on Trade Promotion'';
(B) in paragraph (1)--
(i) by striking ``Trade Promotion
Coordination Committee'' and inserting
``Advisory Board on Trade Promotion''; and
(ii) by striking ``TPCC'' and inserting
``Advisory Board'';
(C) in paragraph (2)(A), by striking ``TPCC'' and
inserting ``Advisory Board''; and
(D) in paragraph (4) to read as follows:
``(4) Report to congress.--The chairperson of the Advisory
Board shall submit to the Director of the Office of Trade
Promotion a report on the activities of the Working Group to be
included in the annual report submitted to Congress by the
Director of the Office pursuant to section 2312(g).''.
(2) Environmental technologies trade advisory committee.--
Section 2313(c)(1) of the Export Enhancement Act of 1988 (15
U.S.C. 4728(c)(1)) is amended by striking ``TPCC'' and
inserting ``Advisory Board''.
(3) International regional environmental initiatives.--
Section 2313(h) of the Export Enhancement Act of 1988 (15
U.S.C. 4728(h)) is amended by striking ``TPCC'' each place it
appears and inserting ``Office of Trade Promotion''.
SEC. 107. REPORT TO CONGRESS.
(a) Report to Congress.--Section 2312(g) of the Export Enhancement
Act of 1988 (as redesignated by section 106(a)(1) of this title) is
amended to read as follows:
``(g) Report to Congress.--
``(1) In general.--The Director of the Office shall prepare
and submit to the appropriate congressional committees an
annual report that describes the strategic plan developed by
the Office pursuant to subsection (c), the implementation of
the plan and any revisions thereto, and the extent to which
funding for the plan is appropriate.
``(2) Definition.--In this subsection, the term
`appropriate congressional committees' means--
``(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
``(B) the Committee on Foreign Affairs of the House
of Representatives.''.
SEC. 108. REPORT ON EXPORT POLICY.
Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15
U.S.C. 4729(b)(1)(B)) is amended to read as follows:
``(B) the report of the Director of the Office of
Trade Promotion that contains the strategic plan
submitted to Congress in accordance with section
2312(g);''.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C.
4727), as amended by this title, is further amended by adding at the
end the following new subsection:
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section and section 2313, section 6 of the
Export Enhancement Act of 1999, and section 304 of the FREEDOM
Support Act such sums as may be necessary for fiscal year 2008
and each subsequent fiscal year.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.''.
SEC. 110. CLERICAL AMENDMENT.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C.
4727(a)) is amended in the heading by striking ``trade promotion
coordinating committee'' and inserting ``office of trade promotion''.
SEC. 111. EFFECTIVE DATE.
The President shall establish the Office of Trade Promotion and the
Advisory Board on Trade Promotion pursuant to section 2312 of the
Export Enhancement Act of 1988 (as amended by this title) not later
than 180 days after the date of the enactment of this Act.
TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES
SEC. 201. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Export Enhancement Act of 1999.--The Export Enhancement Act of
1999 is amended--
(1) in section 6 (15 U.S.C. 1547a)--
(A) in the heading, by striking ``tpcc'' and
inserting ``the office of trade promotion'';
(B) in the matter preceding paragraph (1), by
striking ``Trade Promotion Coordinating Committee'' and
inserting ``Office of Trade Promotion''; and
(C) in paragraph (3), by striking ``inclding'' and
inserting ``including''; and
(2) in the heading of section 7, by striking ``tpcc
reports'' and inserting ``reports of the office of trade
promotion''.
(b) FREEDOM Support Act.--The FREEDOM Support Act is amended--
(1) in section 303(b) (22 U.S.C. 5823(b)), by striking
``Chair of the Trade Promotion Coordinating Committee'' and
inserting ``Director of the Office of Trade Promotion'';
(2) in section 304 (22 U.S.C. 5824)--
(A) in the heading, by striking ``trade promotion
coordinating committee'' and inserting ``office of
trade promotion''; and
(B) in the matter preceding paragraph (1), by
striking ``Trade Promotion Coordinating Committee'' and
inserting ``Office of Trade Promotion''; and
(3) by amending the item relating to section 304 of the
table of contents to read as follows:
``Sec. 304. Interagency working group on energy of the Office of Trade
Promotion.''.
(c) Export-Import Bank Act of 1945.--Section 2(b)(1)(A) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by
striking ``Trade Promotion Coordinating Committee'' and inserting
``Office of Trade Promotion''.
SEC. 202. REFERENCES.
Any reference in a law, regulation, document, or other record of
the United States to the Trade Promotion Coordinating Committee or TPCC
shall be deemed to be a reference to the Office of Trade Promotion. | Export Promotion Enhancement Act of 2008 - Amends the Export Enhancement Act of 1988 to establish in the Executive Office of the President the Office of Trade Promotion. (Currently, there exists a Trade Promotion Coordinating Committee (TPCC), which the Office shall replace.)
Requires the Office to perform duties currently assigned to the TPCC, as well as advise the President and others within the Executive Office on matters relating to trade promotion policies and programs of the U.S. Government.
Requires the President to appoint an Office Director. Authorizes the President to appoint up to two Associate Directors.
Directs the President to establish the Advisory Board on Trade Promotion to advise the Office Director. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Medical School
Accountability Fairness Act of 2013''.
SEC. 2. PURPOSE.
To establish consistent eligibility requirements for graduate
medical schools operating outside of the United States and Canada in
order to increase accountability and protect American students and
taxpayer dollars.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Three for-profit schools in the Caribbean receive more
than two-thirds of all Federal funding under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes
to students enrolled at foreign graduate medical schools,
despite those three schools being exempt from meeting the same
eligibility requirements as the majority of graduate medical
schools located outside of the United States and Canada.
(2) The National Committee on Foreign Medical Education and
Accreditation and the Department of Education recommend that
all foreign graduate medical schools should be required to meet
the same eligibility requirements to participate in Federal
funding under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) and see no rationale for excluding certain
schools.
(3) The attrition rate at United States medical schools
averaged 3 percent for the class beginning in 2009 while rates
at for-profit Caribbean schools have reached 26 percent or
higher.
(4) In 2013, residency match rates for foreign trained
graduates averaged 53 percent compared to 94 percent for
graduates of medical schools in the United States.
(5) On average, students at for-profit medical schools
operating outside of the United States and Canada amass more
student debt than those at medical schools in the United
States.
SEC. 4. REPEAL GRANDFATHER PROVISIONS.
Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)(2)) is amended--
(1) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) in the case of a graduate medical
school located outside the United States--
``(I) at least 60 percent of those
enrolled in, and at least 60 percent of
the graduates of, the graduate medical
school outside the United States were
not persons described in section
484(a)(5) in the year preceding the
year for which a student is seeking a
loan under part D of title IV; and
``(II) at least 75 percent of the
individuals who were students or
graduates of the graduate medical
school outside the United States or
Canada (both nationals of the United
States and others) taking the
examinations administered by the
Educational Commission for Foreign
Medical Graduates received a passing
score in the year preceding the year
for which a student is seeking a loan
under part D of title IV;''; and
(2) in subparagraph (B)(iii), by adding at the end the
following:
``(V) Expiration of authority.--The
authority of a graduate medical school
described in subclause (I) to qualify
for participation in the loan programs
under part D of title IV pursuant to
this clause shall expire beginning on
the first July 1 following the date of
enactment of the Foreign Medical School
Accountability Fairness Act of 2013.''.
SEC. 5. LOSS OF ELIGIBILITY.
If a graduate medical school loses eligibility to participate in
the loan programs under part D of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the
amendments made by section 4, then a student enrolled at such graduate
medical school on or before the date of enactment of this Act may,
notwithstanding such loss of eligibility, continue to be eligible to
receive a loan under such part D while attending such graduate medical
school in which the student was enrolled upon the date of enactment of
this Act, subject to the student continuing to meet all applicable
requirements for satisfactory academic progress, until the earliest
of--
(1) withdrawal by the student from the graduate medical
school;
(2) completion of the program of study by the student at
the graduate medical school; or
(3) the fourth June 30 after such loss of eligibility. | Foreign Medical School Accountability Fairness Act of 2013 - Amends the Higher Education Act of 1965 to eliminate the exemption of certain foreign medical schools from the prohibition on foreign medical schools participating in the William D. Ford Federal Direct Loan program, unless: at least 60% of those enrolled in, and at least 60% of the graduates of, the foreign medical school during the preceding year were not citizens, nationals, or permanent residents of the United States or were not in the United States with the intention of becoming citizens or permanent residents; and at least 75% of students or graduates of the medical school located outside the United States or Canada who took the examinations administered by the Educational Commission for Foreign Medical Graduates in the preceding year received a passing score. Preserves the Direct Loan eligibility of students who were enrolled at schools excepted from that prohibition on or before the date of this Act's enactment. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National MS and Parkinson's Disease
Registries Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Multiple sclerosis (referred to in this section as
``MS'') is a progressive, disabling disease that affects the
brain and the spinal cord causing loss of myelin, damage to
axons, and cerebral atrophy.
(2) MS is a prime-of-life disease with an average age of
onset at 30 to 35 years of age.
(3) More than 10,000 individuals in the United States are
diagnosed with MS annually, and it is thought that more than
400,000 individuals in the United States have MS.
(4) Parkinson's disease is a chronic, progressive
neurological disease. The primary pathologic feature of
Parkinson's disease is degeneration and premature death of
dopamine-producing brain cells.
(5) Parkinson's is the second-most common neurodegenerative
disease in the United States.
(6) It is estimated that more than 1,000,000 Americans are
currently fighting Parkinson's disease, and 60,000 Americans
are newly diagnosed every year.
(7) Although estimates exist, there is no confirmed data
regarding prevalence or diagnosed cases of Parkinson's disease
or MS.
(8) The causes of Parkinson's disease and MS are not well
understood.
(9) There is no known cure for Parkinson's disease or MS.
(10) Studies have found relationships between both MS and
Parkinson's disease and environmental and genetic factors, but
those relationships are not well understood.
(11) Better data are needed to understand the economic
impact of Parkinson's disease, MS, and other neurological
diseases.
(12) There are several drugs currently approved by the Food
and Drug Administration for the treatment of MS, which have
shown modest success in reducing relapses, slowing progression
of disability, and limiting the accumulation of brain lesions.
(13) Currently, state-of-the-art treatment for Parkinson's
disease is based on a 40-year-old pharmaceutical therapy, which
only treats some of the motor symptoms of Parkinson's disease.
Deep brain stimulation surgery is available for certain
patients and treats some symptoms of Parkinson's disease.
(14) No therapies exist that will slow or stop progression
of Parkinson's disease. There is no effective, lasting therapy
for all features of Parkinson's disease.
(15) Central nervous system drugs, including therapies for
MS, Parkinson's disease, and other neurological diseases, are
the slowest in the drug development pipeline, taking an average
of 15 years post discovery for new therapies to reach the
market.
(16) Several small and uncoordinated MS and Parkinson's
disease registries, surveillance systems, and databases exist
in the United States and throughout the world.
(17) A single national system to collect and store
information on the incidence and prevalence of MS, Parkinson's
disease, or other neurological diseases in the United States
does not exist.
(18) The Agency for Toxic Substances and Disease Registry
(ATSDR) has established a series of small pilot studies,
beginning in fiscal year 2006, to evaluate the feasibility of
various methodologies to create an MS surveillance system at
the national level.
(19) The national surveillance system methodology resulting
from the MS pilot studies should be expanded upon and developed
into a national surveillance system for Parkinson's disease.
(20) The establishment of separate, coordinated national
surveillance systems for Parkinson's disease and MS will help--
(A) to identify the incidence and prevalence of
these diseases in the United States;
(B) to collect demographic and other data important
to the study of MS and Parkinson's disease;
(C) to produce epidemiologically sound data that
can be used to compare with cluster information, data
sets of the Department of Veterans Affairs,
environmental exposure data, and other information;
(D) to promote a better understanding of causes,
prevention, and treatment of disease;
(E) to better understand public and private
resource impact;
(F) to collect information that is important for
research into genetic and environmental risk factors;
(G) to enhance biomedical and clinical research by
providing a basis for population comparisons;
(H) to enhance efforts to develop better diagnosis
and progression biomarkers for MS and Parkinson's
disease; and
(I) to enhance efforts to find treatments and a
cure for MS and Parkinson's disease.
SEC. 3. SURVEILLANCE SYSTEMS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended--
(1) by redesignating the second and third sections 399R
(added by section 2 of Public Law 110-373 and section 3 of
Public Law 110-374) as sections 399S and 399T, respectively;
and
(2) by adding at the end the following:
``SEC. 399U. SURVEILLANCE OF NEUROLOGICAL DISEASES.
``(a) Multiple Sclerosis National Surveillance System.--
``(1) In general.--Not later than 1 year after receipt of
the report described in subsection (c)(3), the Secretary,
acting through the Director of the Agency for Toxic Substances
and Disease Registry and in consultation with a national
voluntary health organization with experience serving the
population of individuals with multiple sclerosis (referred to
in this section as `MS'), shall--
``(A) develop a system to collect data on MS
including information with respect to the incidence and
prevalence of the disease in the United States;
``(B) establish a national surveillance system for
the collection and storage of such data to include a
population-based registry of cases of MS in the United
States;
``(C) assist in application of MS national
surveillance system methodologies for the development,
piloting, and implementation of a national Parkinson's
disease national surveillance system under subsection
(b); and
``(D) provide analysis regarding expansion of
national disease surveillance systems for other
neurological diseases and disorders utilizing the MS
and Parkinson's disease national surveillance systems'
process and structure.
``(2) Purpose.--It is the purpose of the registry
established under paragraph (1)(B) to gather available data
concerning--
``(A) MS, including the incidence and prevalence of
MS in the United States;
``(B) the age, race or ethnicity, gender, military
service if applicable, and family history of
individuals who are diagnosed with the disease; and
``(C) other matters as recommended by the Advisory
Committee established pursuant to subsection (c).
``(b) Parkinson's Disease National Surveillance System.--
``(1) In general.--Not later than 1 year after the receipt
of the report described in subsection (c)(3), the Secretary,
acting through the Director of the Agency for Toxic Substances
and Disease Registry and in consultation with a national
voluntary health organization with experience serving the
population of individuals with Parkinson's disease, shall--
``(A) develop a system to collect data on
Parkinson's disease including information with respect
to the incidence and prevalence of the disease in the
United States;
``(B) establish a national surveillance system for
the collection and storage of such data to include a
population-based registry of cases of Parkinson's
disease in the United States; and
``(C) provide analysis regarding expansion of
national disease surveillance systems for other
neurological diseases utilizing the MS and Parkinson's
disease national surveillance systems' process and
structure.
``(2) Purpose.--It is the purpose of the registry
established under paragraph (1)(B) to gather available data
concerning--
``(A) Parkinson's disease, including the incidence
and prevalence of Parkinson's disease in the United
States;
``(B) the age, race or ethnicity, gender, military
service if applicable, and family history of
individuals who are diagnosed with the disease; and
``(C) other matters as recommended by the Advisory
Committee established pursuant to subsection (c).
``(c) Advisory Committee.--
``(1) Establishment.--Not later than 180 days after the
date of the enactment of this section, the Secretary, acting
through the Director of the Agency for Toxic Substances and
Disease Registry, shall establish a committee to be known as
the Advisory Committee on Neurological Disease Registries
(referred to in this section as the `Advisory Committee'). The
Advisory Committee shall be composed of at least one member, to
be appointed by the Secretary, acting through the Director of
the Agency for Toxic Substances and Disease Registry,
representing each of the following:
``(A) National voluntary health associations that
focus solely on MS and have demonstrated experience in
MS research, care, or patient services.
``(B) National voluntary health associations that
focus solely on Parkinson's disease and have
demonstrated experience in Parkinson's disease public
policy, research, care, or patient services.
``(C) The National Institutes of Health, to
include, upon the recommendation of the Director of the
National Institutes of Health, representatives from the
Office of Portfolio Analysis and Strategic Initiatives,
the National Institute of Neurological Disorders and
Stroke, the National Institute of Environmental Health
Sciences, the National Institute on Aging, and the
National Institute of Allergy and Infectious Diseases.
``(D) The Department of Veterans Affairs, to
include representatives from the Parkinson's Disease
Research Education and Clinical Centers and the MS
Centers of Excellence.
``(E) The Department of Defense, to include
representatives from the Parkinson's disease and MS
research programs.
``(F) The Food and Drug Administration.
``(G) The Centers for Disease Control and
Prevention, to include representatives from the Agency
for Toxic Substances and Disease Registry.
``(H) Patients with MS and Parkinson's disease or
their family members.
``(I) Clinicians with expertise on MS and
Parkinson's disease.
``(J) Research scientists with experience
conducting translational research or creating systems
that support translating basic discoveries into
treatments.
``(K) Epidemiologists with experience in data
registries.
``(L) Geneticists or experts in genetics who have
experience with the genetics of MS and Parkinson's
disease.
``(M) Statisticians.
``(N) Bioethicists.
``(O) Attorneys.
``(P) Other individuals, organizations, or agencies
with an interest in developing and maintaining the MS
and Parkinson's disease national surveillance systems.
``(Q) Experts in additional neurological diseases,
as appropriate, based on development and implementation
of national surveillance systems for other neurological
diseases and disorders.
``(2) Duties.--The Advisory Committee shall review
information and make recommendations to the Secretary
concerning--
``(A) the development and maintenance of the MS and
Parkinson's disease national surveillance systems;
``(B) the use and coordination of existing
databases that collect or maintain information on
neurological diseases and disorders;
``(C) the type of information to be collected and
stored in the systems;
``(D) the manner in which such data is to be
collected;
``(E) the use and availability of such data
including guidelines for such use; and
``(F) the application of MS and Parkinson's disease
registry methodologies to benefit other neurological
diseases and disorders, including analysis of how other
neurological disease surveillance systems or registries
can be developed, piloted, and implemented nationally
utilizing the MS and Parkinson's disease national
surveillance systems' process and structure.
``(3) Report.--Not later than 1 year after the date on
which the Advisory Committee is established, the Advisory
Committee shall submit a report to Congress concerning the
review conducted under paragraph (2) that contains the
recommendations of the Advisory Committee with respect to the
results of such review.
``(d) Grants.--Notwithstanding the recommendations of the Advisory
Committee under subsection (c), the Secretary, acting through the
Director of the Agency for Toxic Substances and Disease Registry, may
award grants to, and enter into contracts and cooperative agreements
with, public or private nonprofit entities for the collection,
analysis, and reporting of data on MS and Parkinson's disease.
``(e) Coordination With State, Local, and Federal Registries.--
``(1) In general.--In establishing the MS and Parkinson's
disease national surveillance systems under subsections (a) and
(b), the Secretary, acting through the Director of the Agency
for Toxic Substances and Disease Registry, shall--
``(A) identify, build upon, expand, and coordinate
existing data and surveillance systems, surveys,
registries, and other Federal public health and
environmental infrastructure wherever possible,
including--
``(i) the 2 MS surveillance pilot studies
initiated in fiscal year 2006 by the Centers
for Disease Control and Prevention and the
Agency for Toxic Substances and Disease
Registry;
``(ii) the Parkinson's disease and MS
databases of the Department of Veterans
Affairs;
``(iii) current Parkinson's disease
registries and surveillance systems, including
the Nebraska and California State registries;
``(iv) current MS registries, including the
New York State MS Registry and the North
American Research Committee on MS (NARCOMS)
Registry; and
``(v) any other existing or relevant
databases that collect or maintain information
on neurological diseases and disorders
identified by researchers or recommended by the
Advisory Committee pursuant to subsection (c);
and
``(B) provide for and conduct outreach in support
of research access to Parkinson's disease and MS data
as recommended by the Advisory Committee established
pursuant to subsection (c) to the extent permitted by
applicable statutes and regulations and in a manner
that protects personal privacy consistent with
applicable privacy statutes and regulations.
``(2) Coordination with other federal agencies.--
Notwithstanding the recommendations of the Advisory Committee
established pursuant to subsection (c), and consistent with
applicable privacy statutes and regulations, the Secretary
shall ensure that epidemiological and other types of
information obtained under subsections (a) and (b) are made
available to agencies such as the National Institutes of
Health, the Food and Drug Administration, the Department of
Veterans Affairs, and the Department of Defense.
``(f) Definition.--For the purposes of this section, the term
`national voluntary health association' means a national nonprofit
organization with chapters, other affiliated organizations, or networks
in States throughout the United States.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2010 through 2014.''. | National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) , acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease; (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of U.S. cases of MS and Parkinson's disease; (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders; and (4) establish the Advisory Committee on Neurological Disease Registries.
Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease.
Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to Parkinson's disease and MS data.
Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work Made For Hire and Copyright
Corrections Act of 2000''.
SEC. 2. WORK MADE FOR HIRE.
(a) Definition.--The definition of ``work made for hire'' contained
in section 101 of title 17, United States Code, is amended--
(1) in paragraph (2), by striking ``as a sound recording,'';
and
(2) by inserting after paragraph (2) the following:
``In determining whether any work is eligible to be considered a
work made for hire under paragraph (2), neither the amendment
contained in section 1011(d) of the Intellectual Property and
Communications Omnibus Reform Act of 1999, as enacted by section
1000(a)(9) of Public Law 106-113, nor the deletion of the words
added by that amendment--
``(A) shall be considered or otherwise given any legal
significance, or
``(B) shall be interpreted to indicate congressional
approval or disapproval of, or acquiescence in, any judicial
determination,
by the courts or the Copyright Office. Paragraph (2) shall be
interpreted as if both section 2(a)(1) of the Work Made For Hire
and Copyright Corrections Act of 2000 and section 1011(d) of the
Intellectual Property and Communications Omnibus Reform Act of
1999, as enacted by section 1000(a)(9) of Public Law 106-113, were
never enacted, and without regard to any inaction or awareness by
the Congress at any time of any judicial determinations.''.
(b) Effective Date.--
(1) Effective date.--The amendments made by this section shall
be effective as of November 29, 1999.
(2) Severability.--If the provisions of paragraph (1), or any
application of such provisions to any person or circumstance, is
held to be invalid, the remainder of this section, the amendments
made by this section, and the application of this section to any
other person or circumstance shall not be affected by such
invalidation.
SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE.
(a) Amendments to Chapter 7.--Chapter 7 of title 17, United States
Code, is amended as follows:
(1) Section 710, and the item relating to that section in the
table of contents for chapter 7, are repealed.
(2) Section 705(a) is amended to read as follows:
``(a) The Register of Copyrights shall ensure that records of
deposits, registrations, recordations, and other actions taken under
this title are maintained, and that indexes of such records are
prepared.''.
(3)(A) Section 708(a) is amended to read as follows:
``(a) Fees.--Fees shall be paid to the Register of Copyrights--
``(1) on filing each application under section 408 for
registration of a copyright claim or for a supplementary
registration, including the issuance of a certificate of
registration if registration is made;
``(2) on filing each application for registration of a claim
for renewal of a subsisting copyright under section 304(a),
including the issuance of a certificate of registration if
registration is made;
``(3) for the issuance of a receipt for a deposit under section
407;
``(4) for the recordation, as provided by section 205, of a
transfer of copyright ownership or other document;
``(5) for the filing, under section 115(b), of a notice of
intention to obtain a compulsory license;
``(6) for the recordation, under section 302(c), of a statement
revealing the identity of an author of an anonymous or pseudonymous
work, or for the recordation, under section 302(d), of a statement
relating to the death of an author;
``(7) for the issuance, under section 706, of an additional
certificate of registration;
``(8) for the issuance of any other certification; and
``(9) for the making and reporting of a search as provided by
section 705, and for any related services.
The Register is authorized to fix fees for other services, including
the cost of preparing copies of Copyright Office records, whether or
not such copies are certified, based on the cost of providing the
service.''.
(B) Section 708(b) is amended--
(i) by striking the matter preceding paragraph (1) and
inserting the following:
``(b) Adjustment of Fees.--The Register of Copyrights may, by
regulation, adjust the fees for the services specified in paragraphs
(1) through (9) of subsection (a) in the following manner:'';
(ii) in paragraph (1), by striking ``increase'' and
inserting ``adjustment'';
(iii) in paragraph (2), by striking ``increase'' the
first place it appears and inserting ``adjust''; and
(iv) in paragraph (5), by striking ``increased'' and
inserting ``adjusted''.
(b) Conforming Amendment.--Section 121(a) of title 17, United
States Code, is amended by striking ``sections 106 and 710'' and
inserting ``section 106''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(2) Carry-over of existing fees.--The fees under section 708(a)
of title 17, United States Code, on the date of the enactment of
this Act shall be the fees in effect under section 708(a) of such
title on the day before such date of enactment.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Register of Copyrights to ensure that records of deposits, registrations, recordations, and other related actions taken under copyright provisions are maintained and that indexes of such records are prepared. (Currently, the Register is required to keep such records in the Copyright Office and to prepare such indexes.)
Revises Copyright Office fee provisions. Authorizes the Register to adjust (currently, increase) such fees. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Television Viewer Privacy Act of
2003''.
SEC. 2. PROTECTION OF PRIVACY OF USERS OF INTERACTIVE VIDEO-RELATED
SERVICES.
(a) In General.--An interactive video-related service provider may
not collect, maintain, or disclose any personal viewing information
regarding a subscriber to the service that is personally identifiable,
without the prior written or electronic consent of such subscriber,
except--
(1) to render, or conduct a legitimate business activity
related to, the service provided to the subscriber by such
provider, including billing for such service; or
(2) as provided in subsection (c) or (d).
(b) Requirements for Consent.--Consent shall not be considered to
be made by a subscriber, for purposes of this subsection, unless prior
to the writing or electronic communication granting the consent, the
subscriber is provided a separate statement that clearly and
conspicuously informs the subscriber of--
(1) the nature of personally identifiable information
collected or to be collected with respect to the subscriber and
the nature and use of such information;
(2) the nature, frequency, and purpose of any disclosure
that may be made of such information, including an
identification of the types of persons to whom the disclosure
may be made;
(3) the period during which such information will be
maintained by the interactive video-related service provider;
(4) the limitations provided by this section with respect
to the collection, maintenance, and disclosure of information
by an interactive video-related service provider and the
methods under subsections (f) and (g) by which such limitations
may be enforced.
If, after a statement referred to in the preceding sentence is provided
to a subscriber, there is any change with respect to any of the
information described in paragraphs (1) through (5), such statement
shall not be sufficient for purposes of this subsection.
(c) Disclosure Pursuant to Court Order.--An interactive video-
related service provider may disclose such personally identifiable
personal viewing information, to the extent necessary to comply with a
court order authorizing such disclosure to a governmental entity, but
only if--
(1) the subscriber is notified of such order by the person
to whom the order is directed; and
(2) in the proceeding relevant to such court order--
(A) such entity offers clear and convincing
evidence that the subject of the information is
reasonably suspected of engaging in criminal activity
and that the information disclosed would be material
evidence in the case; and
(B) the subject of the information is afforded the
opportunity to appear and contest such entity's claim.
(d) Right of Subscriber to Access Information.--If personally
identifiable viewing information regarding a subscriber to a service
provided by an interactive video-related service provider is collected,
the subscriber shall have access to such information for as long as
such information is maintained.
(e) Destruction of Information.--An interactive video-related
service provider shall destroy any personally identifiable personal
viewing information that is collected by the service as soon as such
information is no longer necessary for the purpose for which it was
collected or maintained pursuant to subsection (a) and there are no
pending requests or orders for access to such information under
subsection (d) or pursuant to a court order.
(f) FTC Enforcement.--
(1) Unfair or deceptive act.--This section shall be
enforced by the Federal Trade Commission as if the violation of
this section were an unfair or deceptive act or practice
proscribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Actions by ftc.--The Federal Trade Commission shall
prevent any person from violating this section in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this section.
Any entity that violates any provision of this section is
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act in the
same manner, by the same means, and with the same jurisdiction,
power, and duties as though all applicable terms and provisions
of the Federal Trade Commission Act were incorporated into and
made a part of this section.
(3) Jurisdiction.--Notwithstanding section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
communications common carriers shall be subject to the
jurisdiction of the Federal Trade Commission for purposes of
this section.
(g) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of that State has been or is threatened or adversely
affected by any interactive video-related service provider who
violates this section, the State may bring a civil action in a
United States district court--
(A) to enjoin further violation of this section by
the defendant; or
(B) to obtain damages on behalf of residents of the
State, as provided in paragraph (2).
(2) Damages, fees, and costs.--In an action under paragraph
(1)(B), the court may award--
(A) actual damages, but not less than liquidated
damages computed at the rate of $100 a day for each day
of violation or $1,000, whichever is higher;
(B) punitive damages; and
(C) reasonable attorneys' fees and other litigation
costs reasonably incurred.
(h) Other Remedies.--The remedies provided by this Act shall be in
addition to any other lawful remedy available to a subscriber to an
interactive video-related service.
(i) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Interactive video-related services provider.--
(A) In general.--Except as provided in subparagraph
(B), the term ``interactive video-related services
provider'' means any person who has access to personal
viewing information through--
(i) the provision of video programming (as
such term is defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522);
(ii) services for recording of video
programming;
(iii) navigation devices, computer
software, or information;
(iv) converter boxes;
(v) interactive communications equipment;
or
(vi) other equipment that is used by
consumers to access multichannel video
programming or other services offered through a
service providing multichannel video
programming.
(B) Exception.--Such term shall not include any
cable operator (as such term is defined in section 602
of the Communications Act of 1934.
(2) Legitimate business activity.--The term ``legitimate
business activity'' means, with respect to an interactive
video-related service provider, any interaction between a
consumer and the provider that is necessary to maintain the
providing of a good or service requested by the consumer,
including approving, guaranteeing, processing, administering,
completing, enforcing, providing, or marketing a product,
service, account, benefit, transaction, or payment method that
is requested or approved by the consumer.
(3) Personal viewing information.--The term ``personal
viewing information'' means, with respect to multichannel video
programming provided to a person, information regarding the
video programming that the person views, displays, or records.
(4) Personally identifiable information.--The term
``personally identifiable information'' does not include any
record of aggregate data that does not identify particular
persons.
(5) Video programming.--The term ``video programming'' has
the meaning given such term in section 602 of the
Communications Act of 1934.
(j) Preemption of State Laws.--This section supercedes any statute,
regulation, or rule of a State or political subdivision of a State that
expressly regulates the collection, maintenance, or disclosure of
personal viewing information, regarding multichannel video programming,
that is personally identifiable. | Television Viewer Privacy Act of 2003 - Prohibits an interactive video-related service provider (provider) from collecting, maintaining, or disclosing any personally identifiable viewing information (information) regarding a subscriber without the prior written or electronic consent of such subscriber, except: (1) to render or conduct a legitimate business activity related to the service provided; (2) pursuant to a court order authorizing disclosure to a governmental entity; or (3) to such subscriber.
Requires, for such consent, that the subscriber be provided a separate statement that clearly and conspicuously informs the subscriber of: (1) the nature of the information collected and its intended use; (2) the nature, frequency, and purpose of any disclosure that may be made; (3) the period during which the information will be maintained by the provider; and (4) required limitations with respect to the collection, maintenance, and disclosure of such information by the provider and the methods by which such limitations may be enforced. Requires a provider to destroy any collected information as soon as it is no longer necessary.
Provides for: (1) enforcement through the Federal Trade Commission or by the States; and (2) damages, including actual and punitive damages. | [
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] |
SECTION 1. ENERGY-RELATED RESEARCH AND DEVELOPMENT.
(a) Findings.--Congress finds that--
(1) information and opinions provided by individuals and
entities of the academic and industrial sectors should be an
important consideration with respect to energy-related research
and development activities carried out by the Federal
Government;
(2) in carrying out energy-related research and development
activities, the Federal Government should regularly seek input
from multiple sources, including the industrial sector,
academia, and other relevant sectors;
(3) research is better focused around well-defined problems
that need to be resolved;
(4) a number of potential problems to be resolved are
likely to require input from a diverse selection of
technologies and contributing sectors;
(5) sharing of information relating to energy research and
development is important to the development and innovation of
energy technologies;
(6) necessary intellectual property protection can lead to
delays in sharing valuable information that could aid in
resolving major energy-related problems;
(7) the Federal Government should facilitate the sharing of
information from a diverse array of industries by ensuring the
protection of intellectual property while simultaneously
creating an environment of openness and cooperation; and
(8) the Federal Government should revise the methods of the
Federal Government regarding energy-related research and
development to encourage faster development and implementation
of energy technologies.
(b) Definitions.--In this section:
(1) Network.--The term ``network'' means the Energy
Technologies Innovation Network established by subsection
(d)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Survey.--The term ``survey'' means a survey conducted
pursuant to subsection (c).
(c) Energy-Related Research and Development Priorities.--
(1) In general.--Not less frequently than once every 5
years, the Secretary shall conduct a survey in accordance with
this subsection to determine the 10 highest-priority energy-
related problems to resolve to ensure the goals of--
(A) maximizing the energy security of the United
States;
(B) maximizing improvements in energy efficiency
within the United States; and
(C) minimizing damage to the economy and the
environment of the United States.
(2) Survey.--
(A) In general.--Each survey shall contain a
request that the respondent shall list, in descending
order of priority, the 10 highest-priority energy-
related problems that, in the opinion of the
respondent, require resolution as quickly as
practicable to ensure the goals described in paragraph
(1).
(B) Announcement.--The Secretary shall announce the
existence of each survey by--
(i) publishing an announcement in the
Federal Register; and
(ii) placing an announcement in a prominent
position on the homepage of the website of the
Department of the Energy.
(C) Availability.--The Secretary shall ensure that
each survey is made available--
(i) in an electronic format only through a
link on the Department of Energy website;
(ii) for a period of not less than 21 days
and not more than 30 days; and
(iii) to any individual or entity that
elects to participate.
(D) Additional information gathering.--Each
survey--
(i) shall require each respondent to
provide information regarding--
(I) the age of the respondent;
(II) the occupational category of
the respondent;
(III) the period of time during
which the respondent has held the
current occupation of the respondent;
and
(IV) the State and country in which
the respondent resides; and
(ii) may request, but shall not require--
(I) the name of the respondent;
(II) an identification of the
employer of the respondent;
(III) the electronic mail address
of the respondent; and
(IV) such other information as the
Secretary determines to be appropriate.
(E) Respondents.--The Secretary shall seek
responses to a survey from appropriate representatives
of--
(i) the energy, transportation,
manufacturing, construction, mining, and
electronic industries;
(ii) academia;
(iii) research facilities;
(iv) nongovernmental organizations;
(v) the Federal Government; and
(vi) units of State and local government.
(F) Nonpolitical requirement.--The Secretary shall
ensure that each survey is conducted, to the maximum
extent practicable--
(i) in a transparent, nonpolitical, and
scientific manner; and
(ii) without any political bias.
(G) Report.--Not later than 180 days after the date
on which a survey under this subsection is no longer
available under subparagraph (C)(ii), the Secretary
shall submit to Congress and make available to the
public (including through publication in the Federal
Register and on the website of the Department of
Energy) a report that--
(i) describes the results of the survey;
and
(ii) includes a list of the 10 highest-
priority energy-related problems based on all
responses to the survey.
(3) Effect of results on energy-related research and
development.--
(A) In general.--Subject to subparagraph (B), on
receipt of a report under paragraph (2)(G), the
Secretary shall ensure that, during the 5-year period
beginning on the date of receipt of the report, all
energy-related research and development activities of
the Department of Energy are carried out for the
purpose of resolving, to the maximum extent
practicable, the 10 problems included on the list of
the report under paragraph (2)(G)(ii).
(B) Additional problems.--In addition to the
activities described in subparagraph (A), during the 5-
year period beginning on the date of receipt of a
report under paragraph (2)(G), the Secretary may carry
out, using the same quantity of resources as are
allocated to any 1 energy-related problem included on
the list of the report under paragraph (2)(G)(ii),
energy-related research and development activities for
the purpose of resolving, to the maximum extent
practicable, 2 additional energy-related problems
that--
(i) are not included on the list; and
(ii) are high-priority energy-related
problems, as determined by the Secretary.
(d) Energy Technologies Innovation Network.--
(1) Establishment.--There is established an information and
collaboration network, to be known as the ``Energy Technologies
Innovation Network''.
(2) Purpose.--The purpose of the network shall be to
provide a forum through which interested parties (including
scientists and entrepreneurs) can present, discuss, and
collaborate with respect to information and ideas relating to
energy technologies.
(3) Operation of network.--
(A) In general.--The Secretary shall offer to enter
into a contract, after an open bidding process, with a
third party to operate the network.
(B) Requirements.--The third party selected under
subparagraph (A) shall--
(i) have experience with respect to the
establishment and maintenance of a
comprehensive database of Federal research and
development projects that is--
(I) easily searchable;
(II) open to the public; and
(III) capable of expansion;
(ii) provide a secure electronic forum to
enable collaboration among users of the
network; and
(iii) collaborate with the Secretary to
protect the intellectual property rights of
individual users and governmental agencies
participating in the network in accordance with
paragraph (6).
(4) Required contributors.--Each research laboratory or
other facility that receives Federal funding shall provide to
the network the results of the research conducted using that
funding, regardless of whether the research relates to energy,
subject to the condition that revelation of the research will
not adversely effect national security.
(5) Other contributors.--Other entities, including entities
in the academic and industrial sectors and individuals, may
participate in the network to actively contribute to
resolving--
(A) the energy-related problems included on the
list of the report under subsection (c)(2)(G)(ii); or
(B) any other energy-related problem that the
contributor determines would advance the goals
described in subsection (c)(1).
(6) Protection of information and ideas.--In collaborating
with a third party in operating the network under paragraph
(3), the Secretary shall employ such individuals and entities
with experience relating to--
(A) intellectual property as the Secretary
determines to be necessary to ensure that--
(i) information and ideas presented, and
discussed in the network are--
(I) monitored with respect to the
intellectual property owners and
components of the information or ideas;
and
(II) protected in accordance with
applicable Federal intellectual
property law (including regulations);
(ii) information and ideas developed within
the network are--
(I) monitored with respect to the
intellectual property components of the
developers of the information or ideas;
and
(II) protected in accordance with
applicable Federal intellectual
property law (including regulations);
and
(iii) contributors to the network are
provided adequate assurances that intellectual
property rights of the contributors will be
protected with respect to participation in the
network;
(B) setting up, maintaining, and operating a
network that ensures security and reliability.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Directs the Secretary of Energy to conduct a survey every five years to determine the 10 highest-priority energy-related problems to resolve to ensure the goals of: (1) maximizing U.S. energy security; (2) maximizing improvements in energy efficiency within the United States; and (3) minimizing damage to the domestic economy and the environment.
Instructs the Secretary to: (1) report to Congress the survey results, including a list of the 10 highest-priority energy-related problems based on survey responses; and (2) ensure that, during the five year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy (DOE) are implemented for the purpose of resolving the problems listed.
Establishes the Energy Technologies Innovation Network to provide a forum through which interested parties (including scientists and entrepreneurs) can present, discuss, and collaborate with respect to information and ideas relating to energy technologies.
Requires each research facility that receives federal funding to provide to the Network the results of the research conducted using that funding, regardless of whether the research relates to energy. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Misuse of ITINs Act of
2007''.
SEC. 2. NOTIFICATION OF EMPLOYMENT STATUS OF INDIVIDUALS NOT AUTHORIZED
TO WORK IN THE UNITED STATES.
(a) In General.--Subsection (i) of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and disclosure of
returns and return information) is amended by adding at the end the
following new paragraph:
``(9) Disclosure to secretary of homeland security of
employment information of employees not authorized to be
employed in united states.--
``(A) In general.--If--
``(i) the Secretary receives a return from
any person or entity (hereafter in this
paragraph referred to as the `employer')
showing wages (as defined in section 3121(a))
paid to any employee, and
``(ii) the TIN of such employee, as shown
on such return, indicates that such employee is
not authorized to be employed in the United
States,
the Secretary shall provide electronically to the
Secretary of Homeland Security the following
information as shown on such return: the name, address,
and TIN of such employee and the name, address, and
employer identification number of the employer.
``(B) Notice to employer and employee.--Whenever
the Secretary sends a notice under subparagraph (A)
with respect to any employer and employee, the
Secretary also shall notify the employer and the
employee in writing that such employee is not
authorized to be employed in the United States and that
the employee's employment with the employer should be
terminated not later than the 30th day after the date
of the notice. Such notice shall also describe--
``(i) the employer's obligations under this
paragraph,
``(ii) the employee's right under this
paragraph to contest the determination that the
employee is not authorized to be employed in
the United States, and
``(iii) the procedure under this paragraph
for contesting such determination.
``(C) Employee's right to contest.--
``(i) Notice to employee.--If any employer
receives such a notice from the Secretary with
respect to an employee, the employer shall,
within 3 business days after the date the
employer received such notice, provide a copy
of such notice to the employee.
``(ii) Right to contest.--An employee may
contest the accuracy of such notice during the
30-day period beginning on the date that the
employer provided the notice under clause (i)
to the employee.
``(iii) Contest procedure.--If, during such
30-day period, the employee provides the
employer with information substantiating such
employee's claimed authorization to be employed
in the United States, the employer shall, in
such form and manner as the Secretary shall
prescribe, provide to the Secretary--
``(I) the employee's name, address,
and taxpayer identification number,
``(II) the employer's name,
address, telephone number, and employer
identification number, and
``(III) the information provided by
the employee to the employer
substantiating such employee's
authorization to be employed in the
United States.
``(D) Verification from department of homeland
security.--
``(i) Transmittal of inquiry.--Within 3
business days after receiving the information
described in subparagraph (C)(iii), the
Secretary shall provide such information
electronically to the Secretary of Homeland
Security.
``(ii) Response.--Within 7 business days
after receiving such information, the Secretary
of Homeland Security shall electronically
notify the Secretary, and shall notify the
employer and employee in writing, as to whether
the employee is authorized to be employed in
the United States.
``(E) Suspension of obligation to terminate
employment until response received.--
``(i) In general.--Except as provided in
clause (ii), if the employee meets the
requirement of subparagraph (C)(iii), the
employer's obligation to terminate the
employment of such employee shall be suspended
until the employer receives the notice
described in subparagraph (D)(ii).
``(ii) Timely response not received.--If
the employer does not receive such notice
before the 30th day after the close such 30-day
period, the employer shall so notify the
Secretary.
``(F) Rebuttable presumption of violation of the
immigration and nationality act.--
``(i) In general.--A rebuttable presumption
is created that the employer has violated
section 274A(a)(1)(A) of the Immigration and
Nationality Act if--
``(I) the employer employs an
individual with respect to whom a
notice is received under subparagraph
(B) after the 30 days described in such
subparagraph,
``(II) the employer fails to notify
the Secretary as required by
subparagraph (E)(ii) and employs such
individual, or
``(III) the employer refers the
individual for employment after
receiving a notice under subparagraph
(B) with respect to such individual.
``(ii) Exceptions.--
``(I) Suspension period.--Clause
(i)(I) shall not apply during the
suspension period described in
subparagraph (E)(i)
``(II) Notice from secretary of
homeland security.--Clause (i) shall
cease to apply with respect to an
individual after the date that the
employer is notified by the Secretary
of Homeland Security that such
individual is authorized to be employed
in the United States.
``(G) Refunds denied.--No refund of any tax imposed
by this title shall be made to any individual for any
taxable year during any portion of which such
individual is employed in the United States without
being authorized to be so employed.
``(H) Special rules.--
``(i) Protection from liability.--No
employer shall be civilly or criminally liable
under any law for any action taken in good
faith reliance on information provided by the
Secretary or the Secretary of Homeland Security
with respect to any individual's eligibility to
be employed in the United States.
``(ii) Timely mailing treated as timely
notice.--Rules similar to the rules of section
7502 shall apply for purposes of this section.
``(iii) Last known address of employee.--
Any notice required to be provided to an
employee under this section shall be sufficient
if mailed to the employee at the last known
address of the employee.''.
(b) Conforming Amendment.--Paragraph (4) of section 6103(p) of such
Code is amended by striking ``(5) or (7)'' each place it appears and
inserting ``(5), (7), or (9)''.
(c) Effective Date.--The amendments made by this section shall
apply to returns received more than 180 days after the date of the
enactment of this Act. | Stop the Misuse of ITINs Act of 2007 - Amends the Internal Revenue Code to require the Secretary of the Treasury to: (1) notify the Secretary of Homeland Security of any employer tax return which shows wages paid to an employee who is not authorized to be employed in the United States; and (2) provide a written notice to the employer and employee involved that such employment is illegal and must be terminated within 30 days after the date of said notice. Allows any employee who receives a notice to contest such notice and provide documentation substantiating such employee's claimed authorization to work in the United States. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arlington National Cemetery Burial
Eligibility Act''.
SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
``(a) Primary Eligibility.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) Any member of the Armed Forces who dies while on
active duty.
``(2)(A) Any retired member of the Armed Forces.
``(B) Any member or former member of a reserve component of
the Armed Forces--
``(i) who served on active duty;
``(ii) who was honorably discharged from such
active duty service;
``(iii) who, at the time of death, was under 60
years of age; and
``(iv) who, but for age, would have been eligible
at the time of death for retired pay under chapter 1223
of title 10.
``(3) Any former member of the Armed Forces separated for
physical disability before October 1, 1949, who--
``(A) served on active duty; and
``(B) would have been eligible for retirement under
the provisions of section 1201 of title 10 (relating to
retirement for disability) had that section been in
effect on the date of separation of the member.
``(4) Any former member of the Armed Forces whose last
active duty military service terminated honorably and who has
been awarded one of the following decorations:
``(A) Medal of Honor.
``(B) Distinguished Service Cross, Air Force Cross,
or Navy Cross.
``(C) Distinguished Service Medal.
``(D) Silver Star.
``(E) Purple Heart.
``(5) Any former prisoner of war who dies on or after
November 30, 1993.
``(6) Any member of a reserve component of the Armed Forces
who dies in the performance of duty while on active duty for
training or inactive duty training.
``(7) The President or any former President.
``(b) Eligibility of Family Members.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) The spouse, surviving spouse (which for purposes of
this paragraph includes any remarried surviving spouse, section
2402(5) of this title notwithstanding), minor child, and, at
the discretion of the Superintendent, unmarried adult child of
a person listed in subsection (a), but only if buried in the
same gravesite as that person.
``(2)(A) The spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a member of the
Armed Forces on active duty if such spouse, minor child, or
unmarried adult child dies while such member is on active duty.
``(B) The individual whose spouse, minor child, and
unmarried adult child is eligible under subparagraph (A), but
only if buried in the same gravesite as the spouse, minor
child, or unmarried adult child.
``(3) The parents of a minor child or unmarried adult child
whose remains, based on the eligibility of a parent, are
already buried in Arlington National Cemetery, but only if
buried in the same gravesite as that minor child or unmarried
adult child.
``(4)(A) Subject to subparagraph (B), the surviving spouse,
minor child, and, at the discretion of the Superintendent,
unmarried adult child of a member of the Armed Forces who was
lost, buried at sea, or officially determined to be permanently
absent in a status of missing or missing in action.
``(B) A person is not eligible under subparagraph (A) if a
memorial to honor the memory of the member is placed in a
cemetery in the national cemetery system, unless the memorial
is removed. A memorial removed under this subparagraph may be
placed, at the discretion of the Superintendent, in Arlington
National Cemetery.
``(5) The surviving spouse, minor child, and, at the
discretion of the Superintendent, unmarried adult child of a
member of the Armed Forces buried in a cemetery under the
jurisdiction of the American Battle Monuments Commission.
``(c) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to the time
of death because of a physical or mental condition, the child may be
buried under subsection (b) without requirement for approval by the
Superintendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligible for
burial under subsection (a), has been or will be buried.
``(d) Family Members of Persons Buried in a Group Gravesite.--In
the case of a person eligible for burial under subsection (a) who is
buried in Arlington National Cemetery as part of a group burial, the
surviving spouse, minor child, or unmarried adult child of the member
may not be buried in the group gravesite.
``(e) Exclusive Authority for Burial in Arlington National
Cemetery.--(1) Eligibility for burial of remains in Arlington National
Cemetery prescribed under this section is the exclusive eligibility for
such burial.
``(2)(A) In the case of an individual not otherwise eligible for
burial under subsection (a) whose acts, service, or contributions to
the Armed Forces are so extraordinary as to justify burial in Arlington
National Cemetery, the President may deem such individual eligible for
burial under subsection (a).
``(B) If the President deems an individual eligible for burial in
Arlington National Cemetery under subparagraph (A), the Secretary of
the Army shall immediately notify the chairmen and the ranking members
of the Committee on Veterans' Affairs of the Senate and House of
Representatives.
``(C)(i) Except as provided in clause (ii), the authority under
subparagraph (A) may not be delegated.
``(ii) The President may only delegate the authority under
subparagraph (A) to the Secretary of the Army.
``(f) Application for Burial.--(1) A request for burial of remains
of an individual in Arlington National Cemetery shall be made to the
Secretary of the Army or to any other Federal official that the
Secretary of the Army may specify.
``(2) The Secretary, or other Federal official, may not consider a
request referred to in paragraph (1) that is made before the death of
the individual for whom burial in Arlington National Cemetery is
requested.
``(3) The President, or the Secretary, as the case may be, may not
consider a request to deem an individual eligible for burial in
Arlington National Cemetery under subsection (e)(2) that is made before
the death of the individual for whom burial in Arlington National
Cemetery is requested.
``(g) Register of Buried Individuals.--(1) The Secretary of the
Army shall maintain a register of each individual buried in Arlington
National Cemetery and shall make such register available to the public.
``(2) With respect to each such individual buried on or after
January 1, 2002, the register shall include a brief description of the
basis of eligibility of the individual for burial in Arlington National
Cemetery.
``(h) Definitions.--For purposes of this section:
``(1) The term `retired member of the Armed Forces' means--
``(A) any member of the Armed Forces on a retired
list who served on active duty and who is entitled to
retired pay;
``(B) any member of the Fleet Reserve or Fleet
Marine Corps Reserve who served on active duty and who
is entitled to retainer pay; and
``(C) any member of a reserve component of the
Armed Forces who has served on active duty and who has
received notice from the Secretary concerned under
section 12731(d) of title 10, of eligibility for
retired pay under chapter 1223 of title 10, United
States Code.
``(2) The term `former member of the Armed Forces' includes
a person whose service is considered active duty service
pursuant to a determination of the Secretary of Defense under
section 401 of Public Law 95-202 (38 U.S.C. 106 note).
``(3) The term `Superintendent' means the Superintendent of
Arlington National Cemetery.''.
(b) Publication of Updated Pamphlet.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Army shall
publish an updated pamphlet describing eligibility for burial in
Arlington National Cemetery. The pamphlet shall reflect the provisions
of section 2412 of title 38, United States Code, as added by subsection
(a).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding at the
end the following new item:
``2412. Arlington National Cemetery: persons eligible for burial.''.
(d) Technical Amendment.--Section 2402(5) of title 38, United
States Code, is amended by inserting ``, except section 2412(b)(1) of
this title,'' after ``which for purposes of this chapter''.
(e) Conforming Repeal.--Section 1176 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 38 U.S.C.
2402 note) is repealed.
(f) Effective Date.--(1) Except as provided in paragraph (2),
section 2412 of title 38, United States Code, as added by subsection
(a), shall apply with respect to individuals dying on or after the date
of the enactment of this Act.
(2) In the case of an individual buried in Arlington National
Cemetery before the date of the enactment of this Act, the surviving
spouse of such individual is deemed to be eligible for burial in
Arlington National Cemetery under subsection (b) of such section, but
only in the same gravesite as such individual.
SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON
NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2412, as added by section 2(a) of this
Act, the following new section:
``Sec. 2413. Arlington National Cemetery: persons eligible for
placement in columbarium
``The cremated remains of the following individuals may be placed
in the columbarium in Arlington National Cemetery:
``(1) A person eligible for burial in Arlington National
Cemetery under section 2412 of this title.
``(2)(A) A veteran whose last period of active duty service
(other than active duty for training) ended honorably.
``(B) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of such a veteran.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2412, as added by section 2(c) of this Act, the following new
item:
``2413. Arlington National Cemetery: persons eligible for placement in
columbarium.''.
(c) Conforming Amendment.--Section 11201(a)(1) of title 46, United
States Code, is amended by inserting after subparagraph (B), the
following new subparagraph:
``(C) Section 2413 (relating to placement in the
columbarium in Arlington National Cemetery).''.
(d) Effective Date.--Section 2413 of title 38, United States Code,
as added by subsection (a), and section 11201(a)(1)(C), as added by
subsection (c), shall apply with respect to individuals dying on or
after the date of the enactment of this Act.
SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2413, as added by section 3(a) of this
Act, the following new section:
``Sec. 2414. Arlington National Cemetery: authorized headstones,
markers, and monuments
``(a) Gravesite Markers Provided by the Secretary.--A gravesite in
Arlington National Cemetery shall be appropriately marked in accordance
with section 2404 of this title.
``(b) Gravesite Markers Provided at Private Expense.--(1) The
Secretary of the Army shall prescribe regulations for the provision of
headstones or markers to mark a gravesite at private expense in lieu of
headstones and markers provided by the Secretary of Veterans Affairs in
Arlington National Cemetery.
``(2) Such regulations shall ensure that--
``(A) such headstones or markers are of simple design,
dignified, and appropriate to a military cemetery;
``(B) the person providing such headstone or marker
provides for the future maintenance of the headstone or marker
in the event repairs are necessary;
``(C) the Secretary of the Army shall not be liable for
maintenance of or damage to the headstone or marker;
``(D) such headstones or markers are aesthetically
compatible with Arlington National Cemetery; and
``(E) such headstones or markers are permitted only in
sections of Arlington National Cemetery authorized for such
headstones or markers as of January 1, 1947.
``(c) Monuments.--(1) No monument (or similar structure as
determined by the Secretary of the Army in regulations) may be placed
in Arlington National Cemetery except pursuant to the provisions of
this subsection.
``(2) A monument may be placed in Arlington National Cemetery if
the monument commemorates--
``(A) the service in the Armed Forces of the individual, or
group of individuals, whose memory is to be honored by the
monument; or
``(B) a particular military event.
``(3) No monument may be placed in Arlington National Cemetery
until the end of the 25-year period beginning--
``(A) in the case of commemoration of service under
paragraph (1)(A), on the last day of the period of service so
commemorated; and
``(B) in the case of commemoration of a particular military
event under paragraph (1)(B), on the last day of the period of
the event.
``(4) A monument may be placed only in those sections of Arlington
National Cemetery designated by the Secretary of the Army for such
placement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2413, as added by section 3(b) of this Act, the following new
item:
``2414. Arlington National Cemetery: authorized headstones, markers,
and monuments.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to headstones, markers, or monuments placed in
Arlington National Cemetery on or after the date of the enactment of
this Act.
SEC. 5. PUBLICATION OF REGULATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of the Army shall publish in the Federal Register
any regulation proposed by the Secretary to carry out sections 2
through 4.
SEC. 6. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR
GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT
PRIVATE CEMETERIES TO VETERANS DYING ON OR AFTER
SEPTEMBER 11, 2001.
(a) In General.--Subsection (d) of section 502 of the Veterans
Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115
Stat. 994; 38 U.S.C. 2306 note) is amended by striking ``the date of
the enactment of this Act'' and inserting ``September 11, 2001''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of such section 502.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member of the armed forces; (3) any member or former member of a reserve component of the armed forces who served on active duty, who was honorably discharged from active duty, who was under 60 years of age, and who, but for such age, would have been eligible for retired pay; (4) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (5) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (6) any former prisoner of war who dies on or after November 30, 1993; (7) any reserve member who dies while on active duty for training or inactive duty training; (8) the President or any former President; (9) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same grave site); (10) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (11) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (10), above, but only if buried in the same grave site; (12) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same grave site; (13) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (14) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission.Authorizes the President to deem an otherwise ineligible individual as eligible for such burial for extraordinary acts, services, or contributions to the armed forces. Prohibits the consideration of a request for burial under such extraordinary circumstances that is made before the death of the individual involved.Directs the Secretary of the Army to: (1) maintain a register of each individual buried in the Cemetery that describes the basis of burial eligibility for individuals buried on or after January 1, 2002; and (2) publish an updated pamphlet describing eligibility for Cemetery burial.(Sec. 3) Authorizes the cremated remains of the following individuals to be placed in the Cemetery columbarium: (1) any person described above who is eligible for Cemetery burial; (2) a veteran whose last period of active duty service (other than for training) ended honorably; and (3) the spouse, surviving spouse, minor child, and, at the Superintendent's discretion, the unmarried adult child of a veteran whose last period of active service ended honorably.(Sec. 4) Requires a Cemetery grave site to be appropriately marked. Requires the Secretary to prescribe regulations for the provision of Cemetery headstones or markers at private expense in lieu of Cemetery headstones and markers provided by the Secretary of Veterans Affairs. Allows for the placement of Cemetery monuments for particular military service or a military event, but requires a 25-year wait after such service or event before the placing of such monument. (Sec. 6) Amends the Veterans Education and Benefits Expansion Act of 2001 to make a provision authorizing the Secretary of Veterans Affairs to furnish a headstone or marker for the graves of eligible veterans buried in private cemeteries effective with respect to veterans dying on or after September 11, 2001 (currently December 27, 2001). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign-Held Debt Transparency and
Threat Assessment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Finance, and the
Committee on the Budget of the Senate.
(B) The Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Ways and Means,
and the Committee on the Budget of the House of
Representatives.
(2) Debt instruments of the united states.--The term ``debt
instruments of the United States'' means all bills, notes, and
bonds issued or guaranteed by the United States or by an entity
of the United States Government, including any Government-
sponsored enterprise.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On March 16, 2006, the United States Senate debated and
then narrowly passed legislation, H.J. Res. 47, to increase the
statutory limit on the public debt of the United States. In a
statement published in the Congressional Record, then-Senator
Barack Obama opposed the legislation and stated, ``The fact
that we are here today to debate raising America's debt limit
is a sign of leadership failure. It is a sign that the U.S.
Government can't pay its own bills. It is a sign that we now
depend on ongoing financial assistance from foreign countries
to finance our Government's reckless fiscal policies.''. Then-
Senator Obama went on to say that ``Increasing America's debt
weakens us domestically and internationally. Leadership means
that `the buck stops here'. Instead, Washington is shifting the
burden of bad choices today onto the backs of our children and
grandchildren. America has a debt problem and a failure of
leadership. Americans deserve better.''.
(2) On February 25, 2010, United States Secretary of State,
Hillary Rodham Clinton, urged members of Congress to address
the Federal budget deficit: ``We have to address this deficit
and the debt of the United States as a matter of national
security, not only as a matter of economics. I do not like to
be in a position where the United States is a debtor nation to
the extent that we are.''. The Secretary went on to say that
reliance on foreign creditors has hit the United States
``ability to protect our security, to manage difficult problems
and to show the leadership that we deserve.''.
(3) On February 16, 2011, Admiral Mike Mullen, Chairman of
the Joint Chiefs of Staff, testified before the Committee on
Armed Services of the Senate: ``Indeed, I believe that our debt
is the greatest threat to our national security. If we as a
country do not address our fiscal imbalances in the near-term,
our national power will erode, and the costs to our ability to
maintain and sustain influence could be great.''.
(4) The Department of the Treasury borrows from the private
economy by selling securities, including Treasury bills, notes,
and bonds, in order to finance the Federal budget deficit. This
additional borrowing to finance the deficit adds to the Federal
debt.
(5) The Federal debt stands at more than
$14,345,000,000,000.
(6) According to a report issued by the Department of the
Treasury on May 16, 2011, entitled ``Major Foreign Holders of
Treasury Securities'', foreign holdings of United States
Treasury securities stood at more than $3,175,000,000,000 at
the end of March 2011. The People's Republic of China was the
single largest holder with holdings of more than
$1,144,000,000,000.
(7) Despite efforts by the Department of the Treasury to
identify the nationality of the ultimate holders of United
States securities, including United States Treasury securities,
data pertaining to foreign holders of these securities may
still fail to reflect the true nationality of the foreign
entities involved. For example, another Department of the
Treasury report, issued on February 28, 2011, entitled
``Preliminary Report on Foreign Holdings of U.S. Securities At
End-June 2010'', assigns $732,000,000,000 worth of United
States securities to the Cayman Islands, a British overseas
territory with a population of only 55,000 people. The Cayman
Islands is not itself a large investor in United States
securities; rather, it is a major international financial
center and is routinely used as a place to invest funds from
elsewhere.
(8) On February 25, 2010, Simon Johnson, an economics
professor at the Massachusetts Institute of Technology and a
former chief economist for the International Monetary Fund,
testified before the U.S.-China Economic and Security Review
Commission that United States Treasury data understate Chinese
holdings of United States Government debt and ``do not reveal
the ultimate country of ownership when debt instruments are
held through an intermediary in another jurisdiction.''. He
stated that ``a great deal'' of the United Kingdom's increase
in United States Treasury securities last year ``may be due to
China placing offshore dollars in London-based banks'', which
are then used to purchase United States Treasury securities.
(9) On February 25, 2010, Dr. Eswar Prasad, an economist at
Cornell University, testified before the U.S.-China Economic
and Security Review Commission that the amount of United States
debt held by the People's Republic of China is much higher than
United States Treasury data indicate. In his revised testimony,
Dr. Prasad went on to explain that China is probably currently
holding more than $1,300,000,000,000 in United States Treasury
securities.
(10) According to a February 3, 2009, report by the
Heritage Foundation, entitled ``Chinese Foreign Investment:
Insist on Transparency'', the State Administration of Foreign
Exchange (SAFE) of the People's Republic of China, the
government body that purchases foreign securities, is the
single largest global investor and the largest foreign investor
in the United States.
(11) According to a September 2008 Council on Foreign
Relations report entitled ``Sovereign Wealth and Sovereign
Power,'' ``. . . political might is often linked to financial
might, and a debtor's capacity to project military power hinges
on the support of its creditors . . . The United States' main
sources of financing are not allies.''. The report goes on to
argue that, ``the United States' current reliance on other
governments for financing represents an underappreciated
strategic vulnerability.''.
(12) In recent years, Chinese military officials have
publicized the potential use of United States Treasury
securities as a means of influencing United States policy and
deterring specific United States actions. On February 8, 2010,
retired People's Liberation Army (PLA) Major General Luo Yuan,
from the PLA Academy of Military Science, stated in an
interview with state-controlled media that China could attack
the United States ``by oblique means and stealthy feints'', in
retaliation for United States arms sales to Taiwan. He went on
to say, ``Our retaliation should not be restricted to merely
military matters, and we should adopt a strategic package of
counterpunches covering politics, military affairs, diplomacy
and economics to treat both the symptoms and root cause of this
disease. For example, we could sanction them using economic
means, such as dumping some U.S. government bonds.''.
(13) The PLA has also referenced the concept of nonmilitary
aspects of deterrence in written statements. A PLA textbook,
``The Science of Military Strategy'', observes that there are
various forms of deterrence, including economic and
technological, all of which need to be developed and
consciously strengthened in order to maximize effect. These
forms will only work ``with the determination and volition of
employment of the force, and by dangling the word of deterrence
over the rival's head in case of necessity.''.
(14) According to a May 16, 2011, report by ABC News, a
congressional delegation of 10 United States Senators visited
China in April 2011, and met with Chinese government officials.
The news report indicates that, during one meeting, the
Senators were reprimanded by a Chinese official regarding the
mounting United States Federal debt.
(15) A February 7, 2010, report by Defense News suggests
that China's extensive holdings of United States Government
securities have already directly influenced United States
national security policy. According to an unnamed Pentagon
official, Obama Administration officials softened a draft of a
key national security document in order to avoid ``harsh
words'' that ``might upset Chinese officials at a time when the
United States and China are economically intertwined.''. The
news report indicates that these officials ``deleted several
passages and softened others about China's military buildup''.
This critical document, the 2010 Quadrennial Defense Review,
provides an assessment of long-term threats and challenges for
the Nation and is intended to guide military programs, plans,
and budgets in the coming decades.
(16) The United States Government pays China a substantial
amount of interest on China's $1,144,000,000,000 in holdings of
United States Government debt, and this enhances China's
ability to fund its own military programs.
(17) According to a March 4, 2011, report by Xinhua, the
official press agency of the government of the People's
Republic of China, China plans to increase its 2011 military
budget by 12.7 percent to 601,000,000,000 yuan (the equivalent
of $91,500,000,000). This increase is in addition to China's
2010 increase in its military budget of 7.5 percent.
(18) According to the Department of Defense's (DoD) 2010
report entitled ``Military and Security Developments Involving
the People's Republic of China,'' the DoD estimates China's
actual total military-related spending for 2009 to be over
$150,000,000,000.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the growing Federal debt of the United States has the
potential to jeopardize the national security and economic
stability of the United States;
(2) the increasing dependence of the United States on
foreign creditors has the potential to make the United States
vulnerable to undue influence by certain foreign creditors in
national security and economic policymaking;
(3) the People's Republic of China is the largest foreign
creditor of the United States, in terms of its overall holdings
of debt instruments of the United States;
(4) the current level of transparency in the scope and
extent of foreign holdings of debt instruments of the United
States is inadequate and needs to be improved, particularly
regarding the holdings of the People's Republic of China;
(5) through the People's Republic of China's large holdings
of debt instruments of the United States, China has become a
super creditor of the United States;
(6) under certain circumstances, the holdings of the
People's Republic of China could give China a tool with which
China can try to manipulate the domestic and foreign
policymaking of the United States, including the United States
relationship with Taiwan;
(7) under certain circumstances, if the People's Republic
of China were to be displeased with a given United States
policy or action, China could attempt to destabilize the United
States economy by rapidly divesting large portions of China's
holdings of debt instruments of the United States; and
(8) the People's Republic of China's expansive holdings of
such debt instruments of the United States could potentially
pose a direct threat to the United States economy and to United
States national security. This potential threat is a
significant issue that warrants further analysis and
evaluation.
SEC. 5. QUARTERLY REPORT ON RISKS POSED BY FOREIGN HOLDINGS OF DEBT
INSTRUMENTS OF THE UNITED STATES.
(a) Quarterly Report.--Not later than March 31, June 30, September
30, and December 31 of each year, the President shall submit to the
appropriate congressional committees a report on the risks posed by
foreign holdings of debt instruments of the United States, in both
classified and unclassified form.
(b) Matters To Be Included.--Each report submitted under this
section shall include the following:
(1) The most recent data available on foreign holdings of
debt instruments of the United States, which data shall not be
older than the date that is 7 months preceding the date of the
report.
(2) The country of domicile of all foreign creditors who
hold debt instruments of the United States.
(3) The total amount of debt instruments of the United
States that are held by the foreign creditors, broken out by
the creditors' country of domicile and by public, quasi-public,
and private creditors.
(4) For each foreign country listed in paragraph (2)--
(A) an analysis of the country's purpose in holding
debt instruments of the United States and long-term
intentions with regard to such debt instruments;
(B) an analysis of the current and foreseeable
risks to the long-term national security and economic
stability of the United States posed by each country's
holdings of debt instruments of the United States; and
(C) a specific determination of whether the level
of risk identified under subparagraph (B) is acceptable
or unacceptable.
(c) Public Availability.--The President shall make each report
required by subsection (a) available, in its unclassified form, to the
public by posting it on the Internet in a conspicuous manner and
location.
SEC. 6. ANNUAL REPORT ON RISKS POSED BY THE FEDERAL DEBT OF THE UNITED
STATES.
(a) In General.--Not later than December 31 of each year, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on the risks to the
United States posed by the Federal debt of the United States.
(b) Content of Report.--Each report submitted under this section
shall include the following:
(1) An analysis of the current and foreseeable risks to the
long-term national security and economic stability of the
United States posed by the Federal debt of the United States.
(2) A specific determination of whether the levels of risk
identified under paragraph (1) are sustainable.
(3) If the determination under paragraph (2) is that the
levels of risk are unsustainable, specific recommendations for
reducing the levels of risk to sustainable levels, in a manner
that results in a reduction in Federal spending.
SEC. 7. CORRECTIVE ACTION TO ADDRESS UNACCEPTABLE AND UNSUSTAINABLE
RISKS TO UNITED STATES NATIONAL SECURITY AND ECONOMIC
STABILITY.
In any case in which the President determines under section
5(b)(4)(C) that a foreign country's holdings of debt instruments of the
United States pose an unacceptable risk to the long-term national
security or economic stability of the United States, the President
shall, within 30 days of the determination--
(1) formulate a plan of action to reduce the risk level to
an acceptable and sustainable level, in a manner that results
in a reduction in Federal spending;
(2) submit to the appropriate congressional committees a
report on the plan of action that includes a timeline for the
implementation of the plan and recommendations for any
legislative action that would be required to fully implement
the plan; and
(3) move expeditiously to implement the plan in order to
protect the long-term national security and economic stability
of the United States. | Foreign-Held Debt Transparency and Threat Assessment Act - Expresses the sense of Congress about the growing federal debt of the United States, the increasing U.S. dependence on foreign creditors like the People's Republic of China, whose holdings could give China a tool with which to manipulate U.S. policymaking (including with respect to Taiwan) and pose a direct threat to the national economy and national security.
Directs the President to report quarterly to certain congressional committees on the risks posed by foreign holdings of U.S. debt instruments, and make such report public on the Internet.
Directs the President to formulate, report to the appropriate congressional committees, and implement a plan of action to reduce an unsustainable level of risk to an acceptable and sustainable level, in a manner that results in a reduction in federal spending, in any case in which the President makes specified determinations that a foreign country's holdings of U.S. debt instruments pose an unacceptable risk to long-term national security or economic stability of the United States. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Creation and
Protection Act'' or the ``National Monument CAP Act''.
SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE OBJECTS.
Section 320301 of title 54, United States Code, is amended--
(1) in subsection (a), by striking ``historic landmarks,
historic and prehistoric structures, and other objects of
historic or scientific interest'' and inserting ``object or
objects of antiquity'';
(2) in subsection (b), by striking ``confined to the
smallest area compatible with the proper care and management of
the objects to be protected'' and inserting ``in accordance
with the limitations outlined in subsections (e), (f), (g), and
(h)''; and
(3) by adding at the end the following:
``(e) Limitation on Size of National Monuments.--Except as provided
by subsections (f), (g), and (h), after the date of the enactment of
this subsection, land may not be declared under this section in a
configuration that would create a national monument--
``(1) that is more than 640 acres; and
``(2) whose exterior boundary is less than 50 miles from
the closest exterior boundary of another national monument
declared under this section.
``(f) Exception for Monuments of Less Than 5,000 Acres.--Subsection
(e) shall not apply to the designation of a national monument under
this section if the national monument so designated--
``(1) would be less than 5,000 acres;
``(2) would have all exterior boundaries 50 miles or more
from the closest exterior boundary of another national monument
declared under this section; and
``(3) has been reviewed under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Secretary of
the Interior or the Secretary of Agriculture, as appropriate.
``(g) Exception for Monuments of 5,000 Acres and up to 10,000
Acres.--
``(1) In general.--Subsection (e) shall not apply to the
designation of a national monument under this section if the
national monument so designated--
``(A) would be at least 5,000 acres but not more
than 10,000 acres; and
``(B) would have all exterior boundaries 50 miles
or more from the closest exterior boundary of another
national monument declaration under this section.
``(2) Other requirement.--A monument described in this
subsection shall be subject to the preparation of an
environmental assessment or environmental impact statement as
part of a review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.). The choice of environmental
review document shall be within the discretion of the Secretary
of the Interior or the Secretary of Agriculture, as
appropriate.
``(h) Exception for Monuments 10,000 Acres and up to 85,000
Acres.--Subsection (e) shall not apply to the designation of a national
monument under this section if the national monument so designated--
``(1) would be at least 10,000 acres but not more than
85,000 acres;
``(2) would have all exterior boundaries 50 miles or more
from the closest exterior boundary of another national monument
declaration under this section; and
``(3) has been approved by the elected governing body of
each county (or county equivalent), the legislature of each
State, and the Governor of each State within whose boundaries
the national monument will be located (and the Governor of each
such State has transmitted a copy of each such approval to the
President).
``(i) Exception for Emergency Designation.--
``(1) In general.--Subsection (e) shall not apply to the
designation under this section of a national monument of any
acreage amount if designation is made to prevent imminent and
irreparable harm to the object or objects of antiquity to be
protected by the designation.
``(2) One year limitation.--A national monument designation
under this subsection shall terminate on the date that is one
calendar year after the date of the designation.
``(3) One time designation.--Land designated as a national
monument under this subsection--
``(A) may only be so designated one time; and
``(B) may not also be permanently designated as a
national monument under this section.
``(4) Rights and uses.--Land designated as a national
monument under this subsection shall remain subject to--
``(A) valid existing rights; and
``(B) uses allowed on the day before such
designation under an applicable Resource Management
Plan or Forest Plan.
``(j) Presidential Authority To Reduce Size of Declared
Monuments.--The President may--
``(1) reduce the size of any national monument declared
under this section by 85,000 acres or less; or
``(2) reduce the size of any national monument declared
under this section by more than 85,000 acres only if the
reduction--
``(A) has been approved by the elected governing
body of each county (or county equivalent), the
legislature of each State, and the Governor of each
State within whose boundaries the national monument
will be located (and the Governor of each such State
has transmitted a copy of each such approval to the
President); and
``(B) has been reviewed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) by the Secretary of the Interior or the Secretary
of Agriculture, as appropriate.
``(k) Non-Federally Owned Property.--After the date of the
enactment of this subsection, land may not be declared as a national
monument under this section in a configuration that would place non-
federally owned property within the exterior boundaries of the national
monument without the express written consent of the owners of that non-
federally owned property.
``(l) Effect of Declaration on Federal Funds.--No declaration under
this section shall be construed to increase the amount of Federal funds
that are authorized to be appropriated for any fiscal year.
``(m) Water Rights Associated With a Declaration.--Water rights
associated with a declaration under this section--
``(1) may not be reserved expressly or by implication by a
declaration under this section; and
``(2) may be acquired for a declaration under this section
only in accordance with the laws of the State in which the
water rights are based.
``(n) Definitions.--For the purposes of this section:
``(1) Declaration; declared.--The terms `declaration' and
`declared' shall only include the creation or expansion of a
national monument under this section.
``(2) Land.--The term `land' shall not include submerged
land or water.
``(3) Object or objects of antiquity.--
``(A) The term `object or objects of antiquity'
means--
``(i) relics;
``(ii) artifacts;
``(iii) human or animal skeletal remains;
``(iv) fossils (other than fossil fuels);
and
``(v) certain buildings constructed before
the date of the enactment of this subsection.
``(B) The term `object or objects of antiquity'
does not include--
``(i) natural geographic features; and
``(ii) objects not made by humans, except
fossils (other than fossil fuels) or human or
animal skeletal remains.''. | National Monument Creation and Protection Act This bill amends the Antiquities Act of 1906 to allow the President to declare by public proclamation an object or objects of antiquity (currently, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest) that are situated on lands owned or controlled by the federal government to be national monuments. "Objects of antiquity" means relics, artifacts, human or animal skeletal remains, fossils, and certain buildings constructed before enactment of this bill. The bill prescribes limits on land that may be declared to be a national monument based on acreage, proximity to other national monuments, whether it has been reviewed by the Department of the Interior or Agriculture (USDA) under the National Environmental Policy Act, and whether it has been approved by each county and state within whose boundaries it will be located. Such limitation shall not apply to a designation made to prevent imminent and irreparable harm to the object or objects of antiquity to be protected. Such exception shall end after one year and may be used only once. The President may reduce the size of any declared national monument: (1) by 85,000 acres or less; or (2) by more than 85,000 acres only if the reduction has been approved by each county and state within whose boundaries the monument will be located and reviewed by Interior or USDA under the National Environmental Policy Act. The bill prohibits any land from being declared as a national monument in a configuration that would place nonfederally owned property within the monument without first obtaining the owners' written consent. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Judicial
Administration and Technical Amendments Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Change in composition of divisions of western district of
Tennessee.
Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy
trials.
Sec. 4. Authority of district courts as to a jury summons.
Sec. 5. Public drawing specifications for jury wheels.
Sec. 6. Assessment of court technology costs.
Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to
certain dollar amounts.
Sec. 8. Investment of court registry funds.
Sec. 9. Magistrate judge participation at circuit conferences.
Sec. 10. Selection of chief pretrial services officers.
Sec. 11. Attorney case compensation maximum amounts.
Sec. 12. Expanded delegation authority for reviewing Criminal Justice
Act vouchers in excess of case compensation maximums.
Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict
Rehabilitation Act.
Sec. 14. Conditions of probation and supervised release.
Sec. 15. Contracting for services for pretrial defendants and post-
conviction supervision offenders.
Sec. 16. Judge members of U.S. Sentencing Commission.
Sec. 17. Penalty for failure to appear for jury summons.
Sec. 18. Place of holding court for the District of Minnesota.
Sec. 19. Penalty for employers who retaliate against employees serving
on jury duty.
SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF
TENNESSEE.
(a) In General.--Section 123(c) of title 28, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``Dyer,'' after ``Decatur,''; and
(B) in the last sentence by inserting ``and Dyersburg''
after ``Jackson''; and
(2) in paragraph (2)--
(A) by striking ``Dyer,''; and
(B) in the second sentence, by striking ``and Dyersburg''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on the date of enactment of this Act.
(2) Pending cases not affected.--The amendments made by this
section shall not affect any action commenced before the effective
date of this section and pending in the United States District
Court for the Western District of Tennessee on such date.
(3) Juries not affected.--The amendments made by this section
shall not affect the composition, or preclude the service, of any
grand or petit jury summoned, impaneled, or actually serving in the
United States District Court for the Western District of Tennessee
on the effective date of this section.
SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY
TRIALS.
(a) In General.--Section 1871(b)(2) of title 28, United States
Code, is amended by striking ``thirty'' in each place it occurs and
inserting ``ten''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2009.
SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS.
Section 1866(g) of title 28, United States Code, is amended in the
first sentence--
(1) by striking ``shall'' and inserting ``may''; and
(2) by striking ``his''.
SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY WHEELS.
(a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28,
United States Code, is amended--
(1) in the first sentence, by striking ``publicly''; and
(2) by inserting ``The clerk or jury commission shall post a
general notice for public review in the clerk's office and on the
court's website explaining the process by which names are
periodically and randomly drawn.'' after the first sentence.
(b) Selection and Summoning of Jury Panels.--Section 1866(a) of
title 28, United States Code, is amended--
(1) in the second sentence, by striking ``publicly''; and
(2) by inserting ``The clerk or jury commission shall post a
general notice for public review in the clerk's office and on the
court's website explaining the process by which names are
periodically and randomly drawn.'' after the second sentence.
(c) Technical and Conforming Amendment.--Section 1869 of title 28,
United States Code, is amended--
(1) in subsection (j), by adding ``and'' at the end;
(2) by striking subsection (k); and
(3) by redesignating subsection (l) as subsection (k).
SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS.
Section 1920 of title 28, United States Code, is amended--
(1) in paragraph (2), by striking ``of the court reporter for
all or any part of the stenographic transcript'' and inserting
``for printed or electronically recorded transcripts''; and
(2) in paragraph (4), by striking ``copies of papers'' and
inserting ``the costs of making copies of any materials where the
copies are''.
SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO
CERTAIN DOLLAR AMOUNTS.
Section 104 of title 11, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsection (b)(1) as subsection (a) and
subparagraphs (A) and (B) of that subsection as paragraphs (1) and
(2), respectively;
(3) by redesignating subsection (b)(2) as subsection (b);
(4) by redesignating subsection (b)(3) as subsection (c); and
(5) in subsection (c) (as redesignated by paragraph (4) of this
section), by striking ``paragraph (1)'' and inserting ``subsection
(a)''.
SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS.
(a) In General.--Chapter 129 of title 28, United States Code, is
amended by inserting after section 2044 the following:
``Sec. 2045. Investment of court registry funds
``(a) The Director of the Administrative Office of the United
States Courts, or the Director's designee under subsection (b), may
request the Secretary of the Treasury to invest funds received under
section 2041 in public debt securities with maturities suitable to the
needs of the funds, as determined by the Director or the Director's
designee, and bearing interest at a rate determined by the Secretary of
the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturity.
``(b) The Director may designate the clerk of a court described in
section 610 to exercise the authority conferred by subsection (a).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 129 of title 28, United States Code, is amended by adding at
the end the following:
``2045. Investment of court registry funds.''.
SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.
Section 333 of title 28, United States Code, is amended in the
first sentence by inserting ``magistrate,'' after ``district,''.
SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS.
Section 3152 of title 18, United States Code, is amended by
striking subsection (c) and inserting the following:
``(c) The pretrial services established under subsection (b) of
this section shall be supervised by a chief pretrial services officer
appointed by the district court. The chief pretrial services officer
appointed under this subsection shall be an individual other than one
serving under authority of section 3602 of this title.''.
SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS.
Section 3006A(d)(2) of title 18, United States Code, is amended by
adding ``The compensation maximum amounts provided in this paragraph
shall increase simultaneously by the same percentage, rounded to the
nearest multiple of $100, as the aggregate percentage increases in the
maximum hourly compensation rate paid pursuant to paragraph (1) for
time expended since the case maximum amounts were last adjusted.'' at
the end.
SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEWING CRIMINAL JUSTICE
ACT VOUCHERS IN EXCESS OF CASE COMPENSATION MAXIMUMS.
(a) Waiving Maximum Amounts.--Section 3006A(d)(3) of title 18,
United States Code, is amended in the second sentence by inserting ``or
senior'' after ``active''.
(b) Services Other Than Counsel.--Section 3006A(e)(3) of title 18,
United States Code, is amended in the second sentence by inserting ``or
senior'' after ``active''.
(c) Counsel for Financially Unable Defendants.--Section 3599(g)(2)
of title 18, United States Code, is amended in the second sentence by
inserting ``or senior'' after ``active''.
SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO THE NARCOTIC ADDICT
REHABILITATION ACT.
Section 3161(h) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (B) and (C); and
(B) by redesignating subparagraphs (D) through (J) as
subparagraphs (B) through (H), respectively;
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) through (9) as paragraphs
(5) through (8), respectively.
SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.
(a) Conditions of Probation.--Section 3563(a)(2) of title 18,
United States Code, is amended by striking ``(b)(2), (b)(3), or
(b)(13),'' and inserting ``(b)(2) or (b)(12), unless the court has
imposed a fine under this chapter, or''.
(b) Supervised Release After Imprisonment.--Section 3583(d) of
title 18, United States Code, is amended by striking ``section
3563(b)(1)'' and all that follows through ``appropriate.'' and
inserting ``section 3563(b) and any other condition it considers to be
appropriate, provided, however that a condition set forth in subsection
3563(b)(10) shall be imposed only for a violation of a condition of
supervised release in accordance with section 3583(e)(2) and only when
facilities are available.''.
(c) Technical and Conforming Amendment.--Section 3563(b)(10) of
title 18, United States Code, is amended by inserting ``or supervised
release'' after ``probation''.
SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DEFENDANTS AND POST-
CONVICTION SUPERVISION OFFENDERS.
(a) Pretrial Service Functions.--Section 3154(4) of title 18,
United States Code, is amended by inserting ``, and contract with any
appropriate public or private agency or person, or expend funds, to
monitor and provide treatment as well as nontreatment services to any
such persons released in the community, including equipment and
emergency housing, corrective and preventative guidance and training,
and other services reasonably deemed necessary to protect the public
and ensure that such persons appear in court as required'' before the
period.
(b) Duties of Director of Administrative Office of the United
States Courts.--Section 3672 of title 18, United States Code, is
amended in the seventh undesignated paragraph--
(1) in the third sentence, by striking ``negotiate and award
such contracts'' and inserting ``negotiate and award contracts
identified in this paragraph''; and
(2) in the fourth sentence, by inserting ``to expend funds or''
after ``He shall also have the authority''.
SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION.
Section 991(a) of title 28, United States Code, is amended in the
third sentence by striking ``Not more than'' and inserting ``At
least''.
SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS.
(a) Section 1864 Summons.--Section 1864(b) of title 28, United
States Code, is amended by striking ``$100 or imprisoned not more than
three days, or both.'' each place it appears and inserting ``$1,000,
imprisoned not more than three days, ordered to perform community
service, or any combination thereof.''.
(b) Section 1866 Summons.--Section 1866(g) of title 28, United
States Code, is amended by striking ``$100 or imprisoned not more than
three days, or both.'' and inserting ``$1,000, imprisoned not more than
three days, ordered to perform community service, or any combination
thereof.''.
SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA.
Section 103(6) of title 28, United States Code, is amended in the
second sentence by inserting ``and Bemidji'' before the period.
SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES
SERVING ON JURY DUTY.
Section 1875(b)(3) of title 28, United States Code, is amended by
striking ``$1,000 for each violation as to each employee.'' and
inserting ``$5,000 for each violation as to each employee, and may be
ordered to perform community service.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Judicial Administration and Technical Amendments Act of 2008 - (Sec. 2) Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee; and (2) make Dyersburg a site where the Court for the Eastern Division shall be held.
(Sec. 3) Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee.
(Sec. 4) Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons.
(Sec. 5) Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel.
(Sec. 6) Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts (currently, stenographic transcripts); and (2) copies of any materials (currently, papers) where the copies are necessarily obtained for use in the case.
(Sec. 7) Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts.
(Sec. 8) Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities.
(Sec. 9) Authorizes magistrate judge participation at circuit conferences.
(Sec. 10) Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court.
(Sec. 11) Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants.
(Sec. 12) Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants; (2) services other than counsel; or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge (as well as to an active circuit court judge, as under current law).
(Sec. 13) Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements.
(Sec. 14) Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment.
(Sec. 15) Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required.
(Sec. 16) Amends the federal judicial code to require at least (currently, not more than) three members of the United States Sentencing Commission to be federal judges. Thus allows more than three members of the Commission to be federal judges.)
(Sec. 17) Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well.
(Sec. 18) Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji (as well as at Fergus Falls, as under current law).
(Sec. 19) Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Cyberspace Coordination
Act of 2015''.
SEC. 2. NATIONAL OFFICE FOR CYBERSPACE.
(a) Coordination of Federal Information Policy.--Subchapter II of
chapter 35 of title 44, United States Code, is amended--
(1) in section 3552(b), by adding at the end the following
new paragraphs:
``(8) The term `Director' means the Director of the
National Office for Cyberspace.
``(9) The term `information infrastructure' means the
underlying framework that information systems and assets rely
on in processing, storing, or transmitting information
electronically.'';
(2) in section 3553--
(A) in subsection(a)--
(i) in paragraph (5), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (6), by striking the
period at the end and inserting a semicolon;
and
(iii) by inserting after paragraph (6) the
following new paragraphs:
``(7) reviewing at least annually, and approving or
disapproving, agency information security programs required
under section 3554(b);
``(8) coordinating the defense of information
infrastructure operated by agencies in the case of a large-
scale attack on information infrastructure, as determined by
the Director;
``(9) coordinating information security training for
Federal employees with the Office of Personnel Management;
``(10) ensuring the adequacy of protections for privacy and
civil liberties in carrying out the responsibilities of the
Director under this subchapter;
``(11) making recommendations that the Director determines
are necessary to ensure risk-based security of the Federal
information infrastructure and information infrastructure that
is owned, operated, controlled, or licensed for use by, or on
behalf of, the Department of Defense, a military department, or
another element of the intelligence community to--
``(A) the Director of the Office of Management and
Budget;
``(B) the head of an agency; or
``(C) to Congress with regard to the reprogramming
of funds;
``(12) ensuring, in consultation with the Administrator of
the Office of Information and Regulatory Affairs, that the
efforts of agencies relating to the development of regulations,
rules, requirements, or other actions applicable to the
national information infrastructure are complementary;
``(13) when directed by the President, carrying out the
responsibilities for national security and emergency
preparedness communications described in section 706 of the
Communications Act of 1934 (47 U.S.C. 606) to ensure
integration and coordination; and
``(14) as assigned by the President, other duties relating
to the security and resiliency of cyberspace.'';
(3) by adding at the end of section 3554, the following new
subsection:
``(f) Budget Assessment and Reporting.--
``(1) Agency submission.--The head of each agency shall
submit to the Director a budget each year for the following
fiscal year relating to the protection of information
infrastructure for such agency, by a date determined by the
Director that is before July 1 of each year. Such budget shall
include--
``(A) a review of any threats to information
technology for such agency;
``(B) a plan to secure the information
infrastructure for such agency based on threats to
information technology, using the National Institute of
Standards and Technology guidelines and
recommendations;
``(C) a review of compliance by such agency with
any previous year plan described in subparagraph (B);
and
``(D) a report on the development of the
credentialing process to enable secure authentication
of identity and authorization for access to the
information infrastructure of such agency.
``(2) Assessment and certification.--The Director shall
assess and certify the adequacy of each budget submitted under
paragraph (1).
``(3) Agency recommendations.--Not later than July 1 of
each year, the Director shall submit to the head of each agency
budget recommendations, including requests for specific
initiatives that are consistent with the priorities of the
President relating to the protection of information
infrastructure. Such budget recommendations shall--
``(A) apply to the next budget year scheduled for
formulation under chapter 11 of title 31, and each of
the 4 subsequent fiscal years; and
``(B) address funding priorities developed in the
National Office for Cyberspace.
``(4) Recommendations to the president.--The Director shall
make recommendations to the President that the Director
determines are appropriate regarding changes in the
organization, management, and budget of each agency relating to
the protection of information infrastructure in each such
agency, and changes in the allocation of personnel to and
within such agency, including monetary penalties or incentives
necessary to encourage and maintain accountability of any
agency, or senior agency official, for efforts to secure the
information infrastructure of such agency.''; and
(4) by adding at the end the following new section:
``Sec. 3559. National Office for Cyberspace
``(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the National Office
for Cyberspace.
``(b) Director.--
``(1) In general.--There shall be at the head of the
National Office for Cyberspace a Director, who shall be
appointed by the President by and with the advice and consent
of the Senate. The Director of the National Office for
Cyberspace shall administer all functions designated to such
Director under section 3553 and collaborate to the extent
practicable with the heads of appropriate agencies, the private
sector, and international partners. The Office shall serve as
the principal office for coordinating issues relating to
cyberspace, including achieving an assured, reliable, secure,
and survivable information infrastructure and related
capabilities for the Federal Government, while promoting
national economic interests, security, and civil liberties.
``(2) Basic pay.--The Director of the National Office for
Cyberspace shall be paid at the rate of basic pay for level III
of the Executive Schedule.
``(c) Staff.--The Director of the National Office for Cyberspace
may appoint and fix the pay of additional personnel as the Director
considers appropriate.
``(d) Experts and Consultants.--The Director of the National Office
for Cyberspace may procure temporary and intermittent services under
section 3109(b) of title 5.''.
(b) Technical and Conforming Amendments.--The table of sections for
subchapter II of chapter 35 of title 44, United States Code, is amended
by adding at the end the following:
``3559. National Office for Cyberspace.''.
(c) National Strategy Required.--Not later than one year after the
date of the enactment of this Act, the Director of the National Office
for Cyberspace shall establish a national strategy for improving agency
information security.
(d) Effective Date.--This section, and the amendments made by this
section, shall take effect 180 days after the date of the enactment of
this Act. | Executive Cyberspace Coordination Act of 2015 This bill establishes the National Office for Cyberspace within the Executive Office of the President, to be headed by a Director. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure while promoting national economic interests, security, and civil liberties. The bill defines "information infrastructure" as the underlying framework that information systems and assets rely on to process, store, or transmit information electronically. The bill assigns new duties to the Director, including: (1) reviewing at least annually, and approving or disapproving, agency information security programs; (2) coordinating information security training for federal employees with the Office of Personnel Management; and (3) ensuring the adequacy of protections for privacy and civil liberties. The head of each agency must submit to the Director an annual budget relating to the protection of information infrastructure for the agency, which shall include a review of any threats to information technology for such agency and a plan to secure the information infrastructure for such agency based on threats to information technology. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Suspend Brazil GSP Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) According to the Department of State, there are at
least 50 cases involving at least 64 children who were habitual
residents of the United States and who were removed to Brazil
by one parent, wrongfully denying custody to the parent in the
United States, and who have not been returned to the United
States as required under the Convention on the Civil Aspects of
International Child Abduction, done at the Hague on October 25,
1980 (TIAS 11670; in this section referred to as the ``Hague
Convention'').
(2) David Goldman, a United States citizen and resident of
New Jersey, has been trying unsuccessfully since June 2004 to
secure the return of his son Sean to the United States where
Sean maintained his habitual residence until his mother, Bruna
Bianchi Ribeiro Goldman, removed Sean to Brazil.
(3) On September 3, 2004, Mr. Goldman filed an application
for the immediate return of Sean to the United States under the
Hague Convention to which both the United States and Brazil are
party and which entered into force between Brazil and the
United States on December 1, 2003.
(4) Pursuant to Article 12 of the Hague Convention, the
judicial authority of Brazil was required to order Sean's
return to the United States ``forthwith'', customarily defined
under international law as within six weeks after an
application for return has been filed.
(5) On October 13, 2005, the Brazilian court refused to
return Sean in contravention of Brazil's obligations under the
Hague Convention even though it found that Sean was a habitual
resident of the United States and, pursuant to international
law, had been wrongfully removed and retained in Brazil.
(6) On August 22, 2008, Mrs. Goldman passed away in Brazil
leaving Sean without a mother and separated from his biological
father in the United States. Instead of returning Sean to the
custody of his father David, Mrs. Goldman's second husband,
Joao Paulo Lins e Silva, petitioned the Brazilian courts for
custody rights over Sean.
(7) On September 25, 2008, Mr. Goldman filed an amended
application under the Hague Convention against Mr. Lins e Silva
for the return of custody over Sean.
(8) On June 1, 2009, a federal court judge in Brazil
ordered that Sean be turned over to the United States consulate
in Rio de Janeiro and returned to his father on June 3, 2009.
The court further ordered that, following a 30-day adaptation
period in the United States, Mr. Goldman be given full custody
over Sean.
(9) On June 2, 2009, one Brazilian Supreme Court justice
suspended the order of the first level of the Federal Court on
the basis of a motion filed by the Progressive Party, a small
Brazilian political party, that objects to the application of
the Hague Convention in Brazil. This suspension must now be
heard by the full Supreme Court, could further delay the
Goldman case for months, and could prevent the return of any
other abducted children to the United States.
(10) Brazil is a primary beneficiary under the Generalized
System of Preferences program. In 2008, Brazil received duty-
free status under the GSP for United States imports totaling
$2.75 billion.
(11) A country that refuses to abide by its international
obligations pursuant to the Hague Convention and recognize the
international rights of parents and their children from the
United States should not be able to export goods to the United
States duty-free under the Generalized System of Preferences
program.
(b) Declaration of Purpose.--The purpose of this Act is to--
(1) attain the immediate return of Sean Goldman and all
children to the United States who are being held wrongfully in
Brazil in contravention of the Hague Convention; and
(2) impress upon the judiciary, central authority, and law
enforcement of Brazil the importance of abiding by their
respective obligations pursuant to the Hague Convention.
SEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED SYSTEM OF PREFERENCES
FOR BRAZIL.
(a) Notification of Suspension of Duty-Free Treatment.--Not later
than 7 days after the date of the enactment of this Act, the President
shall notify the member countries of the World Trade Organization that
the United States is suspending the application of Generalized System
of Preferences for Brazil in accordance with the requirements of this
section.
(b) Suspension of Duty-Free Treatment.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall suspend the
application of Generalized System of Preferences for Brazil.
(2) Waiver.--The President may waive the application of
paragraph (1) if the President determines and reports to the
appropriate congressional committees that it is important to
the national interests of the United States to do so.
(c) Reinstatement of Duty-Free Treatment.--The President may
reinstate the application of Generalized System of Preferences for
Brazil if the President certifies to the appropriate congressional
committees that the following requirements have been satisfied:
(1) The central authority of Brazil is complying with its
obligations under the Convention on the Civil Aspects of
International Child Abduction, done at the Hague on October 25,
1980 (TIAS 11670; in this section referred to as the ``Hague
Convention'') with respect to international child abduction
cases involving children from the United States.
(2) The judicial system of Brazil is complying with its
obligations under the Hague Convention with respect to
international child abduction cases involving children from the
United States.
(3) The law enforcement system of Brazil is complying with
its obligations under the Hague Convention with respect to
international child abductions cases involving children from
the United States.
SEC. 4. DEFINITIONS.
In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Ways and Means of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Finance of the Senate.
(2) Generalized system of preferences.--The term
``Generalized System of Preferences'' means duty-free treatment
provided to eligible articles from beneficiary developing
countries under title V of the Trade Act of 1974 (19 U.S.C.
2461 et seq.). | Suspend Brazil GSP Act - Declares that it is the purpose of this Act to: (1) attain the immediate return of Sean Goldman and all children of the United States who are being held wrongfully in Brazil in contravention of the Convention on the Civil Aspects of International Child Abduction (Hague Convention); and (2) impress upon Brazil the importance of abiding by their obligations under the Hague Convention with respect to international child abduction cases involving children from the United States.
Directs the President to: (1) notify World Trade Organization (WTO) member countries, not later than seven days after enactment of this Act, that the United States is suspending the Generalized System of Preferences (GSP) for Brazil; and (2) suspend, not later than 30 days after enactment of this Act, GSP and duty-free treatment for Brazil.
Authorizes the President to reinstate GSP and duty-free treatment for Brazil if he certifies to Congress that Brazil is complying with the Hague Convention. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Seniors' Medicare Choices
from Obamacare Act of 2014''.
SEC. 2. ELIMINATING PPACA ENHANCED MEDICAID FMAP FOR PRISONERS AND
APPLYING SAVINGS TO MEDICARE ADVANTAGE IMPROVEMENT FUND.
(a) Elimination of PPACA Enhanced Medicaid FMAP for Prisoners.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (y)(2)(A), by adding at the end
the following: ``Such term does not include an
individual described in such subparagraph during the
period in which the individual is an inmate in a public
institution or in which the public institution
maintains jurisdiction over the individual.''; and
(B) in subsection (z)(1)(A), by inserting before
the period at the end the following: ``and who are not
inmates of a public institution (or individuals over
whom a public institution maintains jurisdiction)''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to items and services furnished on or after January
1, 2015.
(b) Application of Savings to 2015 to Establishment of 2015
Medicare Advantage Stabilization Program.--Section 1859 of the Social
Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the
following new subsection:
``(h) 2015 Medicare Advantage Stabilization Program.--
``(1) Establishment.--There is established a Medicare
Advantage stabilization program (in this subsection referred to
as the `stabilization program') under which the Secretary
shall, subject to paragraph (6), provide a PMPM stabilization
funding amount to each eligible Medicare Advantage plan in
accordance with this subsection to be used by such plan for
plan year 2015 to address the beneficiary plan inadequacies
applicable to such plan (as described in paragraph (5)).
``(2) Eligible medicare advantage plans.--For purposes of
this subsection, an eligible Medicare Advantage plan is a
Medicare Advantage plan to be offered for plan year 2015 that
the Secretary determines, based on the bid of such plan
submitted under section 1854 for such plan year, satisfies at
least one of the following criteria:
``(A) Increased beneficiary costs.--The total costs
(including premiums, cost-sharing responsibilities, and
deductibles) projected to be applicable to individuals
who enroll in such plan for such plan year are at least
7 percent more than the such total costs that were
applicable to individuals enrolled in such plan for
plan year 2014.
``(B) Decreased supplemental benefits.--The
supplemental benefits to be offered under such plan for
such plan year 2015 are less than the supplemental
benefits offered under such plan for plan year 2014.
``(C) Decreased provider network.--The number of
physicians in the plan's network has been reduced by 3
percent or more from plan year 2014 to plan year 2015.
``(3) Distribution of pmpm stabilization funding amounts.--
``(A) In general.--Subject to the availability of
funds under paragraph (6), under the stabilization
program, the Secretary shall distribute, not later than
December 31, 2014, to each eligible Medicare Advantage
plan a PMPM stabilization funding amount, as determined
by the Secretary in accordance with subparagraph (B).
``(B) PMPM stabilization funding amount.--A PMPM
stabilization funding amount, with respect to an
eligible Medicare Advantage plan, shall be determined
in accordance with the following:
``(i) Such amount shall be an amount, with
respect to each month of plan year 2015, for
each individual projected to be enrolled in
such plan for such plan year.
``(ii) Subject to paragraph (6) and clause
(iii), such amount shall be an amount
determined by the Secretary to be sufficient
for such plan to address for plan year 2015
each beneficiary plan inadequacy specified in
paragraph (4) applicable to such plan.
``(iii) Such amount shall not be more than
$85 per member per month.
``(4) Timing of determinations.--Under the stabilization
program, the Secretary shall determine which Medicare Advantage
plans are eligible Medicare Advantage plans under paragraph
(2), and the PMPM stabilization funding amount to be
distributed to each such eligible Medicare Advantage plan under
paragraph (3), by not later than October 15, 2014.
``(5) Applicable beneficiary plan inadequacies.--For
purposes of this subsection, a beneficiary plan inadequacy
applicable to an eligible Medicare Advantage plan is each of
the criteria described in paragraph (2) that the Secretary
determined the plan satisfied for qualifying as such an
eligible Medicare Advantage plan.
``(6) Funding.--
``(A) In general.--There shall be available to the
Secretary from amounts in the general fund in the
Treasury not otherwise appropriated an amount, not to
exceed $3,000,000,000, to carry out this subsection.
Such amounts shall remain so available until December
31, 2015. Any amounts made so available but not
expended on or before such date shall be transferred to
the general fund in the Treasury.
``(B) Clarification.--Payments under the
stabilization program shall not be taken into account
for purposes of determining the premium payments
applicable under part B.''. | Protecting Seniors' Medicare Choices from Obamacare Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate the increased Medicaid federal medical assistance percentage (FMAP, or federal matching amount) for prisoners with respect to their hospital care under the Patient Protection and Affordable Care Act. Amends SSA title XVIII (Medicare) part C (Medicare+Choice) to establish a Medicare Advantage (MA) stabilization program under which the Secretary of Health and Human Services (HHS) shall distribute a stabilization funding amount to each eligible MA plan for plan year 2015 to address any beneficiary plan inadequacies. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Good Neighbor Act of
2017''.
SEC. 2. GOOD NEIGHBOR AUTHORITY.
(a) In General.--The Cooperative Forestry Assistance Act of 1978 is
amended--
(1) by redesignating section 19 (16 U.S.C. 2113) as section
18; and
(2) by inserting after section 18 (as so redesignated) the
following:
``SEC. 19. GOOD NEIGHBOR AUTHORITY.
``(a) Definitions.--In this section:
``(1) Authorized restoration services.--The term
`authorized restoration services' means similar and
complementary forest, rangeland, and watershed restoration
services carried out--
``(A) on National Forest System land, except--
``(i) a component of the National
Wilderness Preservation System;
``(ii) Federal land on which the removal of
vegetation is prohibited or restricted by a law
of Congress or a Presidential proclamation
(including the applicable implementation plan);
or
``(iii) a wilderness study area; and
``(B) by the Secretary or a Governor pursuant to a
good neighbor agreement.
``(2) Forest, rangeland, and watershed restoration
services.--
``(A) In general.--The term `forest, rangeland, and
watershed restoration services' means--
``(i) an activity to treat insect- or
disease-infected trees;
``(ii) an activity to reduce hazardous
fuels; and
``(iii) any other activity to restore or
improve forest, rangeland, and watershed
health, including fish and wildlife habitat.
``(B) Exclusions.--The term `forest, rangeland, and
watershed restoration services' does not include--
``(i) the construction, reconstruction,
repair, or restoration of a paved or permanent
road or parking area; or
``(ii) the construction, alteration,
repair, or replacement of a public building or
work.
``(3) Good neighbor agreement.--The term `good neighbor
agreement' means a cooperative agreement or contract (including
a sole source contract) entered into between the Secretary and
a Governor to carry out authorized restoration services under
this section.
``(4) Governor.--The term `Governor' means the Governor or
any other appropriate executive official of a State.
``(5) Road.--The term `road' has the meaning given the term
in section 212.1 of title 36, Code of Federal Regulations (as
in effect on the date of enactment of the National Forest Good
Neighbor Act of 2017).
``(6) State.--The term `State' means--
``(A) a State; and
``(B) the Commonwealth of Puerto Rico.
``(b) Good Neighbor Agreements.--
``(1) Authority.--
``(A) In general.--The Secretary may enter into a
good neighbor agreement with a Governor to carry out
authorized restoration services in accordance with this
section.
``(B) Public availability.--The Secretary shall
make each good neighbor agreement available to the
public.
``(2) Timber sales.--
``(A) In general.--Subsections (d) and (g) of
section 14 of the National Forest Management Act of
1976 (16 U.S.C. 472a) shall not apply to authorized
restoration services.
``(B) Approval of silviculture prescriptions and
marking guides.--The Secretary shall provide or approve
all silviculture prescriptions and marking guides to be
applied on National Forest System land described in
subsection (a)(1)(A) in any timber sale project
conducted under this section.
``(3) Retention of responsibilities.--Any decision required
to be made by the Secretary under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any
authorized restoration services shall not be delegated to a
Governor.''.
(b) Conforming Amendments.--
(1) Section 2A(c)(1) of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2101a(c)(1)) is amended by striking
``section 19(b)'' and inserting ``section 18(b)''.
(2) Section 7(e) of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103c(e)) is amended in the first sentence
by striking ``section 19(b)'' and inserting ``section 18(b)''.
(3) Section 13A(b) of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2109a(b)) is amended by striking
``section 19(a)'' and inserting ``section 18(a)''. | National Forest Good Neighbor Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to authorize the Department of Agriculture (USDA) to enter into good neighbor agreements with states to carry out specified similar and complementary forest, rangeland, and watershed restoration services on certain National Forest System (NFS) lands. The bill makes requirements under the National Forest Management Act of 1976 regarding the advertisement of timber sales on NFS lands and the designation and supervision of the harvesting of trees, portions of trees, or forest products on NFS lands inapplicable to the restoration services authorized by this bill. USDA shall provide or approve all silviculture prescriptions and marking guides to be applied on NSF land in any timber sales project conducted pursuant to this bill. Any decision required to be made by USDA under the National Environmental Policy Act of 1969 concerning any such services shall not be delegated to any state. | [
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] |
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Minority National
Security Scholarship Act of 2002''.
(b) Findings.--The Congress makes the following findings:
(1) The security of the United States will continue to
depend on the ability of the United States to understand,
shape, and react to political, economic, and social
developments around the world.
(2) Ethno-national conflicts continue to rage around the
world, and such conflicts are often accompanied by the
proliferation of weapons, human rights violations, economic and
commercial decline, trafficking in women and children, the
drafting of children into military service, and threats to
American citizens and business interests.
(3) International terrorist organizations like al-Qaeda
have established footholds in a number of countries, including
both allies and adversaries of the United States, and attempt
to use such footholds as bases from which to launch terrorist
attacks on the United States and American interests abroad.
(4) The future national security and economic well-being of
the United States will depend substantially on the ability of
its citizens to understand, influence, and respond to ethno-
national conflicts and the social and political factors that
cause others to support international terrorist groups.
American economic interests will also depend on the ability of
U.S. citizens to communicate and compete by knowing the
languages and cultures of other countries.
(5) The Federal Government has an interest in ensuring that
the employees of its departments and agencies with national
security responsibilities are prepared to meet the challenges
of this changing international environment.
(6) The Federal Government also has an interest in taking
actions to alleviate the problem of American undergraduate and
graduate students being inadequately prepared to meet the
challenges posed by increasing global interaction among
nations.
(7) American colleges and universities must place a new
emphasis on improving the teaching of foreign languages, area
studies, and other international fields, particularly of those
far-flung regions and newly independent countries that have
previously not been the focus of study in American institutions
of higher learning, to help meet those challenges.
(8) By virtue of their intimate understanding of foreign
languages, cultures, and locations, members of minority groups
have the potential to offer the Federal Government their
insights into political, economic, and social developments
abroad, and the Federal Government should take whatever steps
are necessary to encourage members of minority groups to use
their skills to promote United States national security by
making a career in the foreign affairs, security, or
intelligence agencies of the Federal Government. Furthermore,
if the United States is to penetrate terrorist organizations
like al-Qaeda or hostile adversaries of any kind in hopes of
preventing future attacks on the United States or on American
interests, the Federal Government must take full advantage of
the diversity of the American citizenry.
(c) Purposes.--The purposes of this Act are as follows:
(1) To provide the necessary resources, accountability, and
flexibility to meet the national security education needs of
the United States.
(2) To increase the quantity, diversity, and quality of the
teaching and learning of subjects in the fields of foreign
languages, area studies, and other international fields that
are critical to the Nation's interest.
(3) To produce an increased pool of applicants for work in
the departments and agencies of the United States Government
with responsibilities for issues affecting national security.
(4) To expand, in conjunction with other Federal programs,
the international experience, knowledge base, and perspectives
on which the United States citizenry, Government employees, and
leaders rely.
(5) To provide enhanced opportunities for members of
minority groups to serve their country and contribute to United
States national security by contributing to the work of the
foreign affairs, security, or intelligence agencies of the
Federal Government.
SEC. 2. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.
(a) Program Required.--The Secretary of Education shall establish a
program to--
(1) award scholarships to minority undergraduate students
who are United States citizens in order to enable such students
to study, for at least one academic semester, in foreign
countries that are critical countries (as determined under
section 3(4)(A));
(2) award fellowships to minority graduate students who--
(A) are United States citizens to enable such
students to pursue education in the United States in
the disciplines of foreign languages, area studies, and
other international fields that are critical areas of
those disciplines (as determined under section
3(4)(B)); and
(B) pursuant to subsection (d), enter into an
agreement to work for an agency or office of the
Federal Government or in the field of education in the
area of study for which the fellowship was awarded; and
(3) award grants to institutions of higher education to
enable such institutions to establish, operate, or improve
programs in foreign languages, area studies, and other
international fields that are critical areas of those
disciplines (as determined under section 3(4)(C)) and that will
primarily serve students who are members of minority groups.
(b) Funding Allocations.--Of the amounts available to carry out the
programs under subsection (a) for any fiscal year, the Secretary of
Education shall have a goal of allocating--
(1) \1/3\ of such amount for the awarding of scholarships
pursuant to subsection (a)(1);
(2) \1/3\ of such amount for the awarding of fellowships
pursuant to subsection (a)(2); and
(3) \1/3\ of such amount for the awarding of grants
pursuant to subsection (a)(3).
(c) Contract Authority.--The Secretary of Education may enter into
one or more contracts, with private national organizations having an
expertise in foreign languages, area studies, and other international
fields, for the awarding of the scholarships, fellowships, and grants
described in subsection (a) in accordance with the provisions of this
Act. The Secretary of Education may enter into such contracts without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any
other provision of law that requires the use of competitive procedures.
(d) Service Agreement.--In awarding a scholarship or fellowship
under the program, the Secretary of Education or contract organization
referred to in subsection (c), as the case may be, shall require a
recipient of any fellowship, or of scholarships that provide assistance
for periods that aggregate 12 months or more, to enter into an
agreement that, in return for such assistance, the recipient--
(1) will maintain satisfactory academic progress, as
determined in accordance with regulations issued by the
Secretary of Education, and agrees that failure to maintain
such progress shall constitute grounds upon which the Secretary
or contract organization referred to in subsection (c) may
terminate such assistance;
(2) will, upon completion of such recipient's baccalaureate
degree or education under the program, as the case may be, and
in accordance with regulations issued by the Secretary, work
for the Federal Government or in the field of education in the
area of study for which the scholarship or fellowship was
awarded for a period specified by the Secretary, which period
for the recipients of scholarships shall be no more than the
same period for which scholarship assistance was provided and
for the recipients of fellowships shall be not less than one
and not more than three times the period for which the
fellowship assistance was provided; and
(3) if the recipient fails to meet either of the
obligations set forth in paragraph (1) or (2), will reimburse
the United States Government for the amount of the assistance
provided the recipient under the program, together with
interest at a rate determined in accordance with regulations
issued by the Secretary.
(e) Distribution of Assistance.--In selecting the recipients for
awards of scholarships, fellowships, or grants pursuant to this Act,
the Secretary of Education or a contract organization referred to in
subsection (c), as the case may be, shall take into consideration:
(1) the extent to which the selections will result in there
being an equitable geographic distribution of such
scholarships, fellowships, or grants (as the case may be) among
the various regions of the United States, and
(2) the extent to which the distribution of scholarships
and fellowships to individuals reflects the cultural, racial,
and ethnic diversity of the minority population of the United
States.
(f) Merit Review.--The Secretary of Education shall award
scholarships, fellowships, and grants under the program based upon a
merit review process.
SEC. 3. POLICY GUIDANCE.
The Secretary of Education shall provide guidance regarding the
implementation of this Act by--
(1) developing criteria for awarding scholarships,
fellowships, and grants under this Act;
(2) widely disseminating information regarding the
activities assisted under this Act;
(3) establishing qualifications for students desiring
scholarships or fellowships, and institutions of higher
education desiring grants, under this Act, including, in the
case of students desiring a scholarship or fellowship, a
requirement that the student have a demonstrated commitment to
the study of the discipline for which the scholarship or
fellowship is to be awarded;
(4) making determinations regarding--
(A) which countries are not emphasized in other
United States study abroad programs, such as countries
in which few United States minority students are
studying, and are, therefore, critical countries for
the purposes of section 2(a)(1);
(B) which areas within the disciplines described in
section 2(a)(2) are areas of study in which United
States minority students are deficient in learning and
are, therefore, critical areas within those disciplines
for the purposes of that section;
(C) which areas within the disciplines described in
section 2(a)(3) are areas in which United States
minority students, educators, and Government employees
are deficient in learning and in which insubstantial
numbers of United States institutions of higher education serving
primarily minority students provide training and are, therefore,
critical areas within those disciplines for the purposes of that
section; and
(D) how minority students desiring scholarships or
fellowships can be encouraged to work for an agency or
office of the Federal Government involved in national
security affairs or national security policy upon
completion of their education; and
(5) review the administration of the program required under
this Act.
SEC. 4. ADMINISTRATIVE PROVISIONS
(a) Acceptance and Use of Gifts.--In order to conduct the program
required by this Act, the Secretary of Education may--
(1) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than that it
be used for the purpose of conducting the program required by
this Act; and
(2) may use, sell, or otherwise dispose of such property
for that purpose.
(b) Voluntary Services.--In order to conduct the program required
by this Act, the Secretary of Education may accept and use the services
of voluntary and noncompensated personnel.
SEC. 5. ANNUAL REPORT.
(a) Annual Report.--The Secretary of Education shall submit to the
President and to the Congress an annual report of the conduct of the
program required by this Act.
(b) Contents of Report.--Each such report shall include the
following:
(1) An analysis of the trends within language,
international, and area studies, along with a survey of such
areas as the Secretary determines are receiving inadequate
attention.
(2) An analysis of minority participation in language,
international, and area studies.
(3) The effect on those trends of activities under the
program required by this Act.
(4) An analysis of the assistance provided under the
program for the previous fiscal year, to include the subject
areas being addressed and the nature of the assistance
provided.
(5) An analysis of the performance of the individuals who
received assistance under the program during the previous
fiscal year, to include the degree to which assistance was
terminated under the program and the extent to which individual
recipients failed to meet their obligations under the program.
(6) An analysis of the results of the program for the
previous fiscal year, and cumulatively, to include, at a
minimum--
(A) the percentage of individuals who have received
assistance under the program who subsequently became
employees of the United States Government;
(B) in the case of individuals who did not
subsequently become employees of the United States
Government, an analysis of the reasons why they did not
become employees and an explanation as to what use, if
any, was made of the assistance by those recipients;
and
(C) the uses made of grants to educational
institutions.
(7) Any legislative changes recommended by the Secretary to
facilitate the administration of the program or otherwise to
enhance its objectives.
(c) Submission of Initial Report.--The first report under this
section shall be submitted at the time the budget for fiscal year 2005
is submitted to Congress.
SEC. 6. GENERAL ACCOUNTING OFFICE AUDITS.
The conduct of the program required by this Act may be audited by
the General Accounting Office under such rules and regulations as may
be prescribed by the Comptroller General of the United States.
Representatives of the General Accounting Office shall have access to
all books, accounts, records, reports, and files and all other papers,
things, or property of the Department of Education pertaining to such
activities and necessary to facilitate the audit.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to
carry out this Act--
(1) $10,000,000 for each of the fiscal years 2003 through
2007; and
(2) $12,000,000 for each fiscal year thereafter.
(b) Carry-Over of Funds Permitted.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 8. DEFINITION OF ELIGIBLE MINORITY.
For the purpose of this Act, the term ``minority'' means an
individual who is a member of any of the following groups:
(1) American Indian or Alaska Native.
(2) Asian (to include individuals of East Asian, South
Asian, and Central Asian descent).
(3) Arab.
(4) African American.
(5) Native Hawaiian or other Pacific Islander.
(6) Hispanic or Latino. | Minority National Security Scholarship Act of 2002 - Directs the Secretary of Education to establish a program for awarding: (1) scholarships to minority American undergraduates (American Indian or Alaska Native, Asian, Arab, African American, Native Hawaiian or other Pacific Islander, or Hispanic or Latino) to enable them to study, for at least one academic semester, in "critical" countries in which few minority students are studying; (2) fellowships to enable minority American graduate students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields, and to enter into an agreement to work for a Federal agency or office in the field studied; and (3) grants to enable institutions of higher education to establish, operate, or improve programs in foreign languages, area studies, and other international fields in which minority students, educators, and Government employees are deficient in learning.Requires a recipient of any fellowship, or scholarship that provides assistance for periods that aggregate 12 months or more, to maintain satisfactory academic progress and to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary. Requires any recipient failing to meet those requirements to reimburse the United States for the amount of assistance provided under the program, with interest. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Patient
IVIG Access Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare payment for intravenous immune globulins (IVIG).
Sec. 4. Coverage and payment of intravenous immune globulin in the
home.
Sec. 5. Collection of data and review of complexity codes for physician
administration of IVIG.
Sec. 6. Reports.
Sec. 7. Offset.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The 2001 report of the Medicare Payment Advisory
Commission to Congress states that ``to help ensure
beneficiaries' access to high-quality care, Medicare payments
should correspond to the cost efficient providers incur in
furnishing this care''. Payments that do not meet this
objective may create barriers to access.
(2) Intravenous immune globulin (IVIG) is a human blood
plasma derived product, which over the past 25 years has become
an invaluable therapy for many chronic conditions and
illnesses, including primary immunodeficiency diseases,
autoimmune, and neurological disorders. For many of these
disorders, IVIG is the most effective and viable treatment
available, and has dramatically improved the quality of life
for persons with these conditions and has become a life-saving
therapy for many.
(3) The Food and Drug Administration (FDA) recognizes each
IVIG brand as a unique biologic. The differences in basic
fractionation and the addition of various modifications for
further purification, stabilization, and virus inactivation/
removal yield clearly different biological products. As a
result, IVIG therapies are not interchangeable, with patient
tolerance differing from one IVIG brand to another.
(4) The report of the Office of the Assistant Secretary for
Planning and Evaluation (ASPE), Department of Health and Human
Services (DHHS), ``Analysis of Supply, Distribution, Demand,
and Access Issues Associated with Immune Globulin Intravenous
(IGIV)'', issued in May 2007, found that IVIG manufacturing is
complex and requires substantial upfront cash outlay and
planning and takes between 7 and 12 months from plasma
collection at donor centers to FDA lot release.
(5) The Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 changed Medicare's reimbursement
methodology for IVIG from average wholesale price (AWP) to
average sales price plus 6 percent (ASP+6), effective January
1, 2005, for physicians, and January 1, 2006, for hospital
outpatient departments, thereby reducing reimbursement rates
paid to these providers of IVIG on behalf of Medicare
beneficiaries.
(6) An Office of the Inspector General (OIG) April 2007
report, Intravenous Immune Globulin: Medicare Payment and
Availability, found that Medicare reimbursement for IVIG was
inadequate to cover the cost many providers must pay for the
product. During the third quarter of 2006, 44 percent of IVIG
sales to hospitals and 41 percent of sales to physicians by the
three largest distributors occurred at prices above Medicare
payment amounts.
(7) The ASPE report notes that after the new reimbursement
rules for physicians were instituted in 2005, 42 percent of
Medicare beneficiaries who had received their IVIG treatment in
their physician's office at the end of 2004 were shifted to the
hospital outpatient setting by the beginning of 2006. This
shift in site of care has resulted in lack of continuity of
care and adverse impact on health outcomes and quality of life.
(8) The OIG also reported that 61 percent of responding
physicians indicated that they had sent patients to hospitals
for IVIG treatment, largely because of their inability to
purchase IVIG at prices below the Medicare payment amounts. In
addition, OIG found that some physicians had stopped providing
IVIG to Medicare beneficiaries altogether.
(9) The OIG's 2007 report concluded that whatever
improvement some providers saw in the relationship of Medicare
reimbursement for IVIG to prices paid during the first three
quarters of 2006 would be eroded if manufacturers were to
increase prices for IVIG in the future.
(10) The Centers for Medicare & Medicaid Services, in
recognition of dislocations experienced by patients and
providers in obtaining IVIG since the change to the ASP+6
reimbursement methodology, has provided during 2006 and 2007 a
temporary additional payment for IVIG preadministration-related
services to compensate physicians and hospital outpatient
departments for the extra resources they have had to expend in
locating and obtaining appropriate IVIG products and in
scheduling patient infusions.
(11) The Medicare Modernization Act of 2003 (MMA)
established an IVIG home infusion benefit for persons with
primary immunodeficiency disease (PIDD), paying only for IVIG
and specifically excluding coverage of items and services
related to administration of the product.
(12) The ASPE report, Analysis of Supply, Distribution,
Demand, and Access Issues Associated with Immune Globulin
Intravenous (IGIV), found that Medicare's IVIG home infusion
benefit is not designed to reimburse for more than the cost of
IVIG and does not cover the cost of infusion services (for
example, nursing and clinical services and supplies) in the
home. As a consequence, the report found that home infusion
providers generally do not accept new PIDD patients with only
Medicare coverage. These limitations in service are caused by
health care providers--
(A) not being able to acquire IVIG at prices at or
below the Medicare part B reimbursement level; and
(B) not being reimbursed for the infusion services
provided by a nurse.
(13) Physicians administering IVIG to Medicare
beneficiaries are reimbursed at the same low complexity level
as the administration of antibiotics. However the
administration of IVIG requires special preparation and
handling, involves significant patient risk, and prolonged
nursing time to monitor the patient during infusion.
SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS (IVIG).
(a) In General.--Section 1842(o) of the Social Security Act (42
U.S.C. 1395u(o)) is amended--
(1) in paragraph (1)(E)(ii), by inserting before the period
the following: ``, plus an additional amount (if applicable)
under paragraph (7)'';
(2) in paragraph (7), by striking ``(6)'' and inserting
``(7)'' and by redesignating it as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) Not later than 6 months after the date of the
enactment of the Medicare Patient IVIG Access Act of 2009, the
Secretary shall--
``(i) collect data on the differences, if any,
between payments to physicians for immune globulins
under paragraph (1)(E)(ii) and costs incurred by
physicians for furnishing these products; and
``(ii) review available data, including survey data
presented by members of the IVIG community and pricing
data collected by the Federal Government, on the access
of individuals eligible for services under this part to
immune globulins.
``(B) Upon completion of the review and collection of data
under subparagraph (A), and not later than 7 months after the
date of the enactment of this paragraph, the Secretary shall
provide, if appropriate, to physicians furnishing immune
globulins, a payment, in addition to the payment provided for
in paragraph (1)(E)(ii), for all items related to the
furnishing of immune globulins, in an amount that the Secretary
determines to be appropriate. Such payment shall continue for a
period of 2 years beginning on the date such additional payment
is first provided under this subparagraph.''.
(b) As Part of Hospital Outpatient Services.--Section 1833(t)(14)
of such Act (42 U.S.C. 1395l(t)(14)) is amended--
(1) in subparagraph (A)(iii), in the matter preceding
subclause (I), by striking ``subparagraph (E)'' and inserting
``subparagraphs (E) and (I)''; and
(2) by adding at the end the following new subparagraph:
``(I) Additional payment for immune globulins.--
``(i) Data collection and review.--Not
later than 6 months after the date of the
enactment of the Medicare Patient IVIG Access
Act of 2009, the Secretary shall--
``(I) review available data,
including survey data presented by
members of the IVIG community and
pricing data collected by the Federal
Government, on the access of
individuals eligible for services under
this part to immune globulins; and
``(II) collect data on the
differences, if any, between payments
for immune globulins under subparagraph
(A)(iii) and costs incurred for
furnishing these products.
``(ii) Additional payment authority.--Upon
completion of the review and collection of data
under clause (i), and not later than 7 months
after the date of the enactment of this
subparagraph, the Secretary shall provide, if
appropriate, to hospitals furnishing immune
globulins as part of a covered OPD service, a
payment, in addition to the payment provided
for under subparagraph (A)(iii), for all items
related to the furnishing of immune globulins,
in an amount that the Secretary determines to
be appropriate. Such payment shall continue for
a period of 2 years beginning on the date such
additional payment is first provided under this
clause.''.
SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE
HOME.
(a) Including Coverage of Administration.--Section 1861 of the
Social Security Act (42 U.S.C. 1395x) is amended--
(1) in subsection (s)(2)(Z), by inserting ``and items and
services related to the administration of intravenous immune
globulin'' after ``globulin''; and
(2) in subsection (zz), by striking ``but not including
items or services related to the administration of the
derivative,''.
(b) Payment for Intravenous Immune Globulin Administration in the
Home.--Section 1842(o) of such Act (42 U.S.C. 1395u(o)), as amended by
section 3(a), is amended--
(1) in paragraph (1)(E)(ii), by striking ``paragraph (7)''
and inserting ``paragraph (7) or (8)'';
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8)(A) Subject to subparagraph (B), in the case of
intravenous immune globulins described in section 1861(s)(2)(Z)
that are furnished on or after January 1, 2010, the Secretary
shall provide for a separate payment for items and services
related to the administration of such intravenous immune
globulins in an amount that the Secretary determines to be
appropriate based on a review of available published and
unpublished data and information, including the Study of
Intravenous Immune Globulin Administration Options: Safety,
Access, and Cost Issues conducted by the Secretary (CMS
Contract #500-95-0059). Such payment amount may take into
account the following:
``(i) Pharmacy overhead and related expenses.
``(ii) Patient service costs.
``(iii) Supply costs.
``(B) The separate payment amount provided under this
paragraph for intravenous immune globulins furnished in 2010 or
a subsequent year shall be equal to the separate payment amount
determined under this paragraph for the previous year increased
by the percentage increase in the medical care component of the
consumer price index for all urban consumers (United States
city average) for the 12-month period ending with June of the
previous year.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to intravenous immune globulin administered on or after
January 1, 2010.
SEC. 5. COLLECTION OF DATA AND REVIEW OF COMPLEXITY CODES FOR PHYSICIAN
ADMINISTRATION OF IVIG.
(a) Data Collection.--The Secretary of Health and Human Services
may enter into a contract for the collection of data, by not later than
6 months after the date of the enactment of this Act, on the practice
of IVIG infusion, including collection of data on the complexity of
such infusions.
(b) Data Review.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall review data collected under
such contract as well as data submitted by members of the medical
community related to the current infusion payment codes under part B of
title XVIII of the Social Security Act.
(c) Modification of Codes.--Upon completion of any data collection
under subsection (a) and the review under subsection (b) and not later
than 7 months after the date of the enactment of this Act, the
Secretary shall--
(1) provide notice to the appropriate Medicare
administrative contractors regarding which existing infusion
codes shall be used for purposes of IVIG reimbursement under
part B of title XVIII of the Social Security Act; or
(2) submit to Congress and the RBRUS Committee (RUC) a
report on why an additional infusion payment code is necessary.
SEC. 6. REPORTS.
(a) Report by the Secretary.--Not later than 7 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall submit a report to Congress on the following:
(1) The results of the data collection and review conducted
by the Secretary under subparagraph (A) of section 1842(o)(7)
of the Social Security Act, as added by section 3(a), and
clause (i) of section 1833(t)(14)(I) of such Act, as added by
section 3(b).
(2) Whether the Secretary plans to use the authority under
subparagraph (C) of such section 1842(o)(7) and clause (iii) of
such section 1833(t)(14)(I) of such Act to provide an
additional payment to physicians furnishing intravenous immune
globulins and, if the Secretary does not plan to use such
authority, the reasons why the payment is appropriate without
such an additional payment based on the data collected and
reviewed.
(b) MedPAC Report.--Not later than 2 years after the date of the
enactment of this Act, the Medicare Payment Advisory Commission shall
submit a report to the Secretary and to Congress that contains the
following:
(1) In the case where the Secretary has used the authority
under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the
Social Security Act, as added by subsections (a) and (b),
respectively, of section 3 to provide an additional payment to
physicians furnishing intravenous immune globulins during the
preceding year, an analysis of whether beneficiary access to
intravenous immune globulins under the Medicare program under
title XVIII of the Social Security Act has improved as a result
of the Secretary's use of such authority.
(2) An analysis of the appropriateness of implementing a
new methodology for payment for intravenous immune globulins
under part B of title XVIII of the Social Security Act (42
U.S.C. 1395k et seq.).
(3) An analysis of the feasibility of reducing the lag time
with respect to data used to determine the average sales price
under section 1847A of the Social Security Act (42 U.S.C.
1395w-3a).
(4) Recommendations for such legislation and administrative
action as the Medicare Payment Advisory Commission determines
appropriate.
SEC. 7. OFFSET.
Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is
amended by adding at the end the following: ``Such term includes
disposable drug delivery systems, including elastomeric infusion pumps,
for the treatment of colorectal cancer.''. | Medicare Patient IVIG Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to collect data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products. Requires the Secretary also to review data on the access of eligible individuals to immune globulins.
Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services.
Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home.
Allows the Secretary to contract for the collection of data on the practice of IVIG infusion.
Directs the Secretary to review data collected under such a contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B (Supplementary Medical Insurance) of SSA title XVIII.
Requires the Secretary, upon completion of any data collection and review, to: (1) notify the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of part B IVIG reimbursement; or (2) report to Congress and the RBRUS Committee (RUC) on why an additional infusion payment code is necessary.
Extends the meaning of durable medical equipment to include disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Reform Act of 2010''
or the ``Not Too Small to Succeed in Business Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Small businesses are a vital part of the economy of the
United States.
(2) The 26,800,000 small businesses in the United States
account for more than 99.7 percent of all employer firms.
(3) Small businesses employ just over half of all private
sector employees.
(4) Four million one-hundred thousand small businesses
owned by individuals who are members of economically
disadvantaged groups generate approximately $694,000,000,000 in
revenues and employ approximately 4,800,000 individuals each
year.
(5) Small businesses need help to remain competitive in the
global economy, particularly during difficult economic times.
(6) Economically disadvantaged-owned businesses receive
less than 7 percent of venture capital.
(7) Seventy percent of small businesses survive at least 2
years, but less than half survive 5 years.
(8) The Small Business Administration was established in
1953 by the Federal Government to aid, counsel, assist, and
protect the interests of small business concerns, to preserve
free competitive enterprise, and to maintain and strengthen the
overall economy of the United States.
(9) The Small Business Administration assists firms owned
and controlled by economically disadvantaged individuals to
enter the economic mainstream by providing firm-specific
analysis, counseling, management training, professional
consulting and monitoring services, and access to business
development opportunities under section 8(a) of the Small
Business Act.
(10) Although the program under section 8(a) is well
intended, the problems of the program are well known.
(11) The program under section 8(a) has a record of
graduating companies that are not sufficiently prepared to
compete for contracts with large and established companies in
the private sector, resulting in a large number of former
participants in the program failing to remain in business
shortly after leaving the program.
(12) The problem of graduating companies from the program
under section 8(a) that are not sufficiently prepared to
compete for contracts with large and established companies in
the private sector is caused by the reliance of the Small
Business Administration on outdated measures of adjusted gross
income and net worth in determining whether a company
participating in the program continues to be economically
disadvantaged.
(13) Reliance by the Small Business Administration on
measures that do not reflect contemporary conditions has had,
and will continue to have, the unintended consequence of
keeping small businesses too small to succeed, which is as
undesirable as protecting companies that are too big to fail.
SEC. 3. IMPROVEMENT OF PROGRAM UNDER SECTION 8(A) OF THE SMALL BUSINESS
ACT.
(a) Period of Eligibility.--
(1) Extension.--Section 7(j)(15) of the Small Business Act
(15 U.S.C. 636(j)(15)) is amended--
(A) in the matter preceding subparagraph (A) by
striking ``nine years'' and inserting ``11 years''; and
(B) in subparagraph (B) by striking ``five years''
and inserting ``7 years''.
(2) Completed periods.--A small business concern that
completed a 9-year period of participation in the program under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior
to the date of enactment of this Act and that is otherwise
eligible to participate in such program except for having
completed such 9-year period, and current net worth exceeds
$750,000 but still less than $2,250,000, may participate in
such program during the 2-year period beginning on the date of
enactment of this Act.
(b) Net Worth and Income Limitations.--
(1) Increase.--Section 8(a)(6)(A) of the Small Business Act
(15 U.S.C. 637(a)(6)(A)) is amended by inserting after
``disadvantaged individual.'' the following: ``For purposes of
eligibility for admission as a Program Participant the net
worth of such individual may be any amount not exceeding
$750,000 and for purposes of continued eligibility after
admission the net worth of such individual may be any amount
not exceeding $2,250,000. For purposes of eligibility for
admission as a Program Participant and continued eligibility
after admission, the modified adjusted gross income (as such
term is defined in section 25A(d)(3) of the Internal Revenue
Code of 1986) of such individual for an applicable taxable year
may be any amount not exceeding $500,000.''.
(2) Completed periods of participation.--If the
Administrator of the Small Business Administration graduated a
small business concern from the program under section 8(a) of
the Small Business Act (15 U.S.C. 637(a)) prior to the date of
enactment of this Act as a result of a determination that such
concern did not meet standards relating to economic
disadvantage and such concern meets requirements under such
section as amended by this Act, such concern may participate in
such program for a period--
(A) of 11 years less the period of time such
concern previously participated in such program; and
(B) beginning on the date of enactment of this Act. | Small Business Reform Act of 2010 or Not Too Small to Succeed in Business Act of 2010 - Amends the Small Business Act to extend from: (1) 9 to 11 years the period that a small business may receive developmental assistance under the Minority Small Business and Capital Ownership Development Program (Program); and (2) five to seven years the period that such a small business may spend in the Program's transitional stage. Allows small businesses that previously completed the 9-year period, above, and whose current net worth exceeds $750,000 but is less than $2.25 million to participate for an additional two years.
Sets net worth limits for individual Program participants at: (1) $750,000, for Program admission; (2) $2.25 million, for continued Program participation after admission; and (3) $500,000 adjusted gross income, for Program admission and continued eligibility.
Provides that, if the Administrator of the Small Business Administration (SBA) graduated a small business from the Program prior to the date of enactment of this Act on the basis that the small business did not meet standards relating to economic disadvantage and the small business now meets such standards, the small business may participate in the Program for 11 years less any period of previous participation. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Coast Act of 2012''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the lack of current, accurate, uniform, and standards-
based geospatial information to characterize the United States
coastal region presents a significant liability to adequately
manage and maintain the Nation's--
(A) environment;
(B) infrastructure;
(C) economy; and
(D) public safety and homeland security;
(2) more than half of all people of the United States (153
million) currently live on or near a coast and an additional 12
million are expected in the next decade;
(3) coastal counties in the United States average 300
persons per square mile, compared with the national average of
98;
(4) on a typical day, more than 1,540 permits for
construction of single-family homes are issued in coastal
counties, combined with other commercial, retail, and
institutional construction to support this population;
(5) over half of the Nation's economic productivity is
located within coastal regions;
(6) highly accurate, high-resolution remote sensing and
other geospatial data play an important role in management of
the coastal zone and economy, including for flood and coastal
storm surge prediction; hazard risk and vulnerability
assessment; emergency response and recovery planning; community
resilience to longer range climate change impacts; permitting
and zoning decisionmaking; habitat and ecosystem health
assessments; and landscape change detection; and
(7) the Digital Coast is a model approach in effective
Federal partnerships with local and State government,
nongovernmental organizations, and the private sector.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Digital Coast'' means a constituent-driven
effort led by the Secretary to provide an enabling platform
that integrates geospatial data, decision support tools,
training, and best practices to address coastal and emergency
management issues and needs. The Digital Coast strives to
sustain and enhance coastal economies and ecosystem services by
helping communities address their issues, needs, and challenges
through cost-effective and participatory solutions.
(2) The term ``remote sensing and other geospatial'' means
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or manmade physical features,
phenomena, or boundaries of the Earth and any information
related thereto, including surveys, maps, charts, satellite and
airborne remote sensing data, images, lidar, and services
performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, cartographers,
and other such services.
(3) The term ``Secretary'' means the Secretary of Commerce,
acting through the Administrator of the National Oceanic and
Atmospheric Administration.
(4) The term ``State''--
(A) means a State of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean,
the Chesapeake Bay, the Gulf of Mexico, Long Island
Sound, or one or more of the Great Lakes; and
(B) includes Puerto Rico, the United States Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, the Trust Territories of the Pacific Islands,
American Samoa, and any portion of a State that is
located within 100 kilometers of the Atlantic or
Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico,
or the Great Lakes.
(5) The term ``coastal region'' means the area of United
States waters extending inland from the shoreline to include
coastal watersheds and seaward to the territorial sea.
(6) The term ``Federal Geographic Data Committee'' means
the interagency committee that promotes the coordinated
development, use, sharing, and dissemination of geospatial data
on a national basis.
SEC. 4. BUILDING THE DIGITAL COAST.
(a) Establishment and Implementation.--
(1) In general.--The Secretary shall establish and
implement the Digital Coast to collect the following priority
supporting data and integrate such data with other available
data for the benefit of the broadest measure of coastal
resource management constituents and applications:
(A) Coastal elevation data.
(B) Land use and land cover data.
(C) Benthic habitat and submerged aquatic
vegetation data.
(D) Parcels data.
(E) Planimetric data.
(F) Socioeconomic and human use data.
(2) Focus on filling needs and gaps.--In implementing this
section, the Secretary shall--
(A) recognize that remote sensing and other
geospatial data acquisition for navigational and
positioning purposes is carried out through other
authorities and programs; and
(B) focus on filling data needs and gaps for
critical coastal management issues.
(b) Data Integration, Tool Development, Training, Documentation,
Dissemination, and Archive.--The Secretary shall--
(1) make data and resulting integrated products developed
under this section readily accessible via the Digital Coast and
other related Internet technologies;
(2) develop decision support tools that use and display
resulting integrated data and provide training on use of such
tools;
(3) document such data to Federal Geographic Data Committee
standards; and
(4) archive all raw data acquired under this Act at the
appropriate National Oceanic and Atmospheric Administration
data center or other appropriate Federal data center.
(c) Coordination.--The Secretary shall coordinate the activities
carried out pursuant to this Act to maximize data sharing and
integration and minimize duplication by--
(1) coordinating activities, when appropriate, with--
(A) other Federal efforts, including efforts under
the Ocean and Coastal Mapping Integration Act (33
U.S.C. 3501 et seq.), the Coastal Zone Management Act
of 1972 (16 U.S.C. 1451 et seq.), and the Integrated
Coastal and Ocean Observation System Act of 2009 (33
U.S.C. 3601 et seq.);
(B) coastal States and United States territories;
(C) local governments; and
(D) representatives of nongovernmental entities;
(2) participating, pursuant to section 216 of Public Law
107-347 (44 U.S.C. 3501 note), in the establishment of such
standards and common protocols as are necessary to assure the
interoperability of remote sensing and other geospatial data
with all users of such information within--
(A) the National Oceanic and Atmospheric
Administration;
(B) other Federal agencies;
(C) State and local government; and
(D) the private sector;
(3) coordinating with, seeking assistance and cooperation
of, and providing liaison to the Federal Geographic Data
Committee pursuant to Office of Management and Budget Circular
A-16 and Executive Order No. 12906; and
(4) providing for the utilization of contracts with the
private sector, to the maximum extent practicable, to provide
such products and services as are necessary to collect remote
sensing and other geospatial data; which contracts shall be
considered ``surveying and mapping'' services as such term is
used and as such contracts are awarded at the discretion of the
Secretary in accordance with the selection procedures in
chapter 11 of title 40, United States Code.
SEC. 5. COASTAL SERVICES CENTERS.
(a) Establishment.--The Secretary shall establish, within the
National Oceanic and Atmospheric Administration, the Coastal Services
Centers to facilitate the development of products and services that
address the needs of local, State, and regional entities involved with
coastal and ocean decisionmaking including those State coastal
management and research reserves benefitting from this Act, and to lead
development and maintenance of the Digital Coast.
(b) Purpose.--The purpose of the Coastal Services Centers shall be
to--
(1) support the environmental, social, and economic well-
being of the coast by linking people, information, and
technology;
(2) identify and assess coastal and ocean management needs
and increase the capabilities and capacities of managers to
address them at the local, State, and regional levels;
(3) manage the Digital Coast program to carry out the
intent of this Act;
(4) convene and engage coastal managers and decisionmakers
in dialog concerning coastal issues and share information and
best practices across this audience; and
(5) collaborate with various programs of the National
Oceanic and Atmospheric Administration, other Federal agencies,
and nongovernmental entities to bring data, information,
services, and tools to the Nation's coastal and ocean
decisionmakers.
(c) Financial Agreements.--To carry out this Act, including to
provide program support to non-Federal entities that participate in
implementing this Act, the Secretary--
(1) may enter into financial agreements including grants,
cooperative agreements, interagency agreements, and contracts
with other Federal, tribal, State, and local governmental and
nongovernmental entities; and
(2) may collect registration fees in support of training,
workshops, and conferences that advance the purposes of this
Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $85,000,000
for each of fiscal years 2013 through 2018 to carry out this Act. | Digital Coast Act of 2012 - Defines "Digital Coast" as a constituent-driven effort led by the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to provide an enabling platform integrating geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and enhance coastal economies and ecosystem services by helping communities with cost-effective and participatory solutions.
Directs NOAA to establish and implement the Digital Coast to: (1) collect data concerning coastal elevations, land use and cover, habitat and submerged aquatic vegetation, parcels, planimetrics, socioeconomics, and human use; and (2) integrate other data sources for the broadest measure of coastal resource management constituents and applications.
Directs NOAA to: (1) make such data and resulting products accessible via the Digital Coast and other related Internet technologies, (2) provide training on decision support tools developed under this Act, (3) document data to Federal Geographic Data Committee standards, and (4) archive the raw data at appropriate NOAA or federal data centers.
Requires coordination and data sharing with states, U.S. territories, local governments, nongovernmental entities, and other federal efforts.
Requires the establishment of NOAA Coastal Services Centers to facilitate the development of products and services addressing the needs of local, state, and regional entities involved with coastal and ocean decisionmaking and to lead development and maintenance of the Digital Coast. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Money Transfer
Disclosure Act''.
SEC. 2. DISCLOSURES REQUIRED.
(a) Regulations.--
(1) In general.--Subject to paragraph (2), the appropriate
Federal agencies shall jointly prescribe regulations that
require any financial institution or money transmitting
business which initiates an international money transfer on
behalf of a consumer (whether or not the consumer maintains an
account at such institution or business) to make a good faith
effort to provide the following disclosures to the consumer
before the consummation of the transaction:
(A) Any fees to be charged to the recipient,
including any exchange rate or currency conversion
fees.
(B) A final itemization of all costs to the
consumer, which would include all fees charged, for the
remittance.
(C) The exact amount of foreign currency to be
received by the recipient in the foreign country.
(2) Good faith effort.--For purposes of paragraph (1), good
faith effort requires honesty in fact and all commercially
reasonable efforts to provide the disclosures based on the most
accurate information reasonably available to the financial
institution or money transmitting business at the time of the
international money transfer.
(b) Language Requirement.--The disclosures required under
subsection (a) shall be in English and in the same language, if other
than English, as the language principally used by the financial
institution or money transmitting business, or any of its agents, to
advertise, solicit, or negotiate, either orally or in writing, at the
office of the institution or business at which the international money
transfer is initiated.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Appropriate federal agency.--The term ``appropriate
Federal agency'' means--
(A) the appropriate Federal banking agency, in the
case of any insured depository institution (as such
terms are defined in section 3 of the Federal Deposit
Insurance Act);
(B) the National Credit Union Administration, in
the case of any credit union (as defined in section 101
of the Federal Credit Union Act); and
(C) the Federal Trade Commission, in the case of
any financial institution or money transmitting
business that is not an insured depository institution
or insured credit union.
(2) International money transfer.--The term ``international
money transfer'' means any money transmitting service
originating in the United States and involving an international
transaction which is provided by a financial institution or a
money transmitting business.
(3) Money transmitting service.--The term ``money
transmitting service'' has the meaning given to such term in
section 5330(d)(2) of title 31, United States Code.
(4) Money transmitting business.--The term ``money
transmitting business'' means any business which--
(A) provides check cashing, currency exchange, or
money transmitting or remittance services, or issues or
redeems money orders, travelers' checks, and other
similar instruments; and
(B) is not a depository institution (as defined in
section 5313(g) of title 31, United States Code).
(d) Administrative Enforcement.--
(1) Depository institutions.--
(A) In general.--Compliance with the requirements
imposed under this section shall be enforced under--
(i) section 8 of the Federal Deposit
Insurance Act, in the case of an insured
depository institution, by the appropriate
Federal banking agency (as such terms are
defined in section 3 of the Federal Deposit
Insurance Act); and
(ii) the Federal Credit Union Act, in the
case of any insured credit union (as defined in
section 101 of the Federal Credit Union Act),
by the National Credit Union Administration.
(B) Applicability of other laws.--
(i) Violations of this section.--For the
purpose of the exercise by any agency referred
to in subparagraph (A) of its powers under any
Act referred to in that subparagraph, a
violation of any requirement imposed under this
section shall be deemed to be a violation of a
requirement imposed under that Act.
(ii) Other authority.--In addition to its
powers under any provision of law specifically
referred to in subparagraph (A), each of the
agencies referred to in such subparagraph may
exercise, for the purpose of enforcing
compliance with any requirement imposed under
this section, any other authority conferred on
it by law.
(2) Other money transmitting businesses.--
(A) Appropriate federal regulator.--Except to the
extent that enforcement of the requirements imposed
under this section is specifically committed to some
other Government agency under paragraph (1), the
Federal Trade Commission shall enforce such
requirements.
(B) Applicability of other laws.--
(i) Violations of this section.--For the
purpose of the exercise by the Federal Trade
Commission of its functions and powers under
the Federal Trade Commission Act, a violation
of any requirement imposed under this section
shall be deemed a violation of a requirement
imposed under that Act.
(ii) Other authority.--All of the functions
and powers of the Federal Trade Commission
under the Federal Trade Commission Act are
available to the Commission to enforce
compliance by any person subject to the
jurisdiction of the Commission with the
requirements imposed under this section,
irrespective of whether that person is engaged
in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act.
(e) Effective Date.--This section shall apply to any international
money transfer initiated in the United States after the end of the 3-
month period beginning on the date of the enactment of this Act. | International Money Transfer Disclosure Act - Directs certain Federal agencies to jointly prescribe regulations requiring a financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to make a good faith effort to disclose to the consumer before consummation of the transaction: (1) any fees to be charged to the recipient, including any exchange rate or currency conversion fees; (2) a final itemization of all costs to the consumer for the remittance; and (3) the exact amount of foreign currency to be received by the recipient in the foreign country.
Mandates that such disclosures take place in English and in the same language, if other than English, as the language principally used by the financial institution or money transmitting business to advertise, solicit, or negotiate at its office where the international money transfer is initiated. | [
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] |
SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN
CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS.
(a) In General.--Subchapter III of chapter 72 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7287. Legal assistance for financially needy veterans in
proceedings before Court
``(a)(1) The Court of Veterans Appeals may provide funds in order
to provide financial assistance by grant or contract to legal
assistance entities for purposes of programs described in subsection
(b).
``(2) The Court shall seek to provide funds for such purpose
through a nonprofit organization selected by it. If the Court
determines that there exists no nonprofit organization that would be an
appropriate recipient of funds under this section for the purposes
referred to in paragraph (1) and that it is consistent with the mission
of the Court, the Court shall provide financial assistance, by grant or
contract, directly to legal assistance entities for purposes of
permitting such entities to carry out programs described in subsection
(b).
``(b)(1) A program referred to in subsection (a) is any program
under which a legal assistance entity uses financial assistance under
this section to provide assistance or carry out activities (including
assistance, services, or activities referred to in paragraph (3)) in
order to ensure that individuals described in paragraph (2) receive,
without charge, legal assistance in connection with decisions to which
section 7252(a) of this title may apply or with other proceedings
before the Court.
``(2) An individual referred to in paragraph (1) is any veteran or
other person who--
``(A) is or seeks to be a party to an action before the
Court; and
``(B) cannot, as determined by the Court or the entity
concerned, afford the costs of legal advice and representation
in connection with that action.
``(3) Assistance, services, and activities under a program
described in this subsection may include the following for individuals
described in paragraph (2) in connection with proceedings before the
Court:
``(A) Financial assistance to defray the expenses of legal
advice or representation (other than payment of attorney fees)
by attorneys, clinical law programs of law schools, and
veterans service organizations.
``(B) Case screening and referral services for purposes of
referring cases to pro bono attorneys and such programs and
organizations.
``(C) Education and training of attorneys and other legal
personnel who may appear before the Court by attorneys and such
programs and organizations.
``(D) Encouragement and facilitation of the pro bono
representation by attorneys and such programs and
organizations.
``(4) A legal assistance entity that receives financial assistance
described in subsection (a) to carry out a program under this
subsection shall make such contributions (including in-kind
contributions) to the program as the nonprofit organization or the
Court, as the case may be, shall specify when providing the assistance.
``(5) A legal assistance entity that receives financial assistance
under subsection (a) to carry out a program described in this
subsection may not require or request the payment of a charge or fee in
connection with the program by or on behalf of any individual described
in paragraph (2).
``(c)(1) There is authorized to be appropriated to the Court
$750,000 for fiscal year 1998 and the same amount for each succeeding
fiscal year through fiscal year 2001, increased by 3 percent per year,
to carry out this section.
``(2) Funds appropriated under this subsection may be used only for
the purposes of subsection (a). Such funds may be provided in advance
or by way of reimbursement, to cover some or all of the administrative
costs of the organization or entity receiving the funds in providing
financial assistance to carry out programs described in subsection (b).
``(3) Funds shall be provided under this subsection pursuant to a
written agreement entered into by the Court and the organization or
entity receiving the funds from the Court.
``(d) A nonprofit organization may--
``(1) accept funds, in advance or by way of reimbursement,
from the Court under subsection (a) in order to provide the
financial assistance referred to in that subsection;
``(2) provide financial assistance by grant or contract to
legal assistance entities under this section for purposes of
permitting such entities to carry out programs described in
subsection (b);
``(3) administer any such grant or contract; and
``(4) accept funds, in advance or by way of reimbursement,
from the Court under subsection (c) in order to cover the
administrative costs referred to in that subsection.
``(e)(1) Not later than February 1 of each year, the Court shall
submit to the Congress a report on the funds and financial assistance
provided under this section during the preceding fiscal year. Based on
the information provided the Court by entities receiving such funds and
assistance, each report shall--
``(A) set forth the amount, if any, of funds provided to
nonprofit organizations under paragraph (2) of subsection (a)
during the fiscal year covered by the report;
``(B) set forth the amount, if any, of financial assistance
provided to legal assistance entities pursuant to paragraph (1)
of subsection (a) or under paragraph (2) of that subsection
during that fiscal year;
``(C) set forth the amount, if any, of funds provided to
nonprofit organizations under subsection (c) during that fiscal
year; and
``(D) describe the programs carried out under this section
during that fiscal year.
``(2) The Court may require that any nonprofit organization and any
legal assistance entity to which funds or financial assistance are
provided under this section provide the Court with such information on
the programs carried out under this section as the Court determines
necessary to prepare a report under this subsection.
``(f) For the purposes of this section:
``(1) The term `nonprofit organization' means any not-for-
profit organization that is involved with the provision of
legal assistance to persons unable to afford such assistance.
``(2) The term `legal assistance entity' means a not-for-
profit organization or veterans service organization capable of
providing legal assistance to persons with respect to matters
before the Court.
``(3) The term `veterans service organization' means an
organization referred to in section 5902(a)(1) of this title,
including an organization approved by the Secretary under that
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7286 the following new item:
``7287. Legal assistance for financially needy veterans in proceedings
before Court.''. | Authorizes the Court of Veterans Appeals to provide funds (where possible, through a nonprofit organization) for financial assistance to legal assistance entities to assist financially needy veterans in connection with proceedings before such Court.
Permits legal assistance activities in connection with such proceedings to include: (1) financial assistance to defray the expenses of legal advice or representation (other than payment of attorney's fees); (2) case screening and referral services; (3) education and training of attorneys and other legal personnel who may appear before the Court; and (4) encouragement and facilitation of pro bono representation by attorneys, clinical law programs of law schools, and veterans' service organizations.
Sets forth provisions regarding: (1) contributions by legal assistance entities receiving financial assistance; (2) a prohibition against such entities requiring or requesting the payment of a charge or fee in connection with the program; and (3) administrative and reporting requirements.
Authorizes appropriations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supply Our Soldiers Act of 2005''.
SEC. 2. POSTAL BENEFITS PROGRAM.
(a) In General.--The United States Postal Service and the Secretary
of Defense shall provide for a program under which postal benefits
shall be made available to the designated representative of each
qualified individual in accordance with succeeding provisions of this
Act.
(b) Qualified Individual Defined.--For purposes of this Act, the
term ``qualified individual'' means an individual who is--
(1)(A) a member of the Armed Forces of the United States on
active duty (as defined in section 101 of title 10, United
States Code) or a civilian who is authorized to use postal
services at Armed Forces installations and holds a position or
performs one or more functions in support of military
operations, as designated by the military theater commander;
and
(B) serving in an overseas area, as designated by the
President, where the Armed Forces of the United States are
engaged in action against an enemy of the United States,
engaged in military operations involving armed conflict with a
hostile foreign force, engaged in temporary military operations
under arduous circumstances, serving with a friendly foreign
force in an armed conflict in which the United States is not a
belligerent, or temporarily deployed overseas for an
operational contingency in arduous circumstances, as determined
by the Secretary of Defense; or
(2) hospitalized in a facility of the Armed Forces of the
United States as a result of disease or injury incurred as a
result of service in an overseas area designated by the
President under paragraph (1)(B).
(c) Postal Benefits Described.--
(1) In general.--The postal benefits made available to a
designated representative pursuant to this Act shall consist of
postage stamps (of such denomination or denominations as the
Postal Service may determine) equivalent to $150 in value per
calendar quarter, subject to subsection (d)(2)(B).
(2) Conditions relating to mailings.--Postal benefits under
this Act may not be used for the mailing of any mail matter
other than mail matter which--
(A) is described in paragraph (3);
(B) is sent--
(i) from within an area served by a United
States post office; and
(ii) by an individual or a charitable
organization; and
(C) is addressed to a qualified individual.
(3) Mail matter described.--
(A) In general.--The mail matter described in this
paragraph is--
(i) any letter mail or sound- or video-
recorded communications having the character of
personal correspondence; and
(ii) any parcel not exceeding--
(I) 10 pounds in weight and 60
inches in length and girth combined, if
sent by an individual; or
(II) 70 pounds in weight and 180
inches in length and girth combined, if
sent by a charitable organization.
(B) Restriction.--Postal benefits under this Act
may not be used for mail matter that contains any
advertising.
(4) Design and limitations on use of stamps.--Stamps made
available pursuant to this Act--
(A) shall bear a design or other markings to
identify the military operation to which they relate;
and
(B) may not be used--
(i) after the date (following the
conclusion of such military operation)
designated by the Secretary of Defense; or
(ii) with respect to any other military
operation.
(5) Coordination rule.--Postal benefits under this Act
shall be in addition to, and not in lieu of, any reduced rates
of postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Regulations.--The Postal Service and the Secretary of Defense
shall jointly prescribe any regulations necessary to carry out this
Act, including regulations to provide for the following:
(1) Identification of designated representatives.--The
identification of designated representatives shall be made
using procedures under which--
(A) determinations shall be made based on the most
current next-of-kin data available to or obtainable by
the Secretary of Defense; and
(B) a qualified individual may supersede a
determination under subparagraph (A), to the extent
procedures to carry out this subparagraph are
practicable.
(2) Notice to and elections by designated
representatives.--
(A) Notice.--Notice shall be provided to all
designated representatives informing them of their
eligibility for postal benefits under this Act and the
procedures (including any deadlines) for making an
initial and any subsequent election of benefits.
(B) Elections.--A designated representative shall
not receive any postal benefits under this Act for any
calendar quarter except upon the filing of an
appropriate written election. A separate election under
this subparagraph shall be required for each calendar
quarter, and each such election shall require the
individual to indicate whether full, partial (in the
increments allowed), or no benefits are requested for
the quarter. Failure to make an effective election
shall be treated as a declination of benefits for the
calendar quarter involved.
(C) No carryover.--Any benefits declined with
respect to a calendar quarter shall not be available
for purposes of any subsequent calendar quarter.
(e) Direct Benefits for Charitable Organizations.--In addition to
the benefits under subsections (a) through (d), the Postal Service and
the Secretary of Defense shall by regulation allow any charitable
organization to apply for direct postal benefits. Applications for
benefits under this subsection shall be considered on a case-by-case
basis in accordance with such criteria as shall apply under the
regulations. Any benefits approved under this subsection shall be
governed by subsection (c), subject to any modifications or special
rules established by the regulations which may be necessary to carry
out the purposes of this subsection (including an alternative to the
limitation set forth in subsection (c)(1)).
(f) Definition.--For purposes of this Act, the term ``charitable
organization'' means an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on the first day of the first fiscal
year beginning after the date of the enactment of this Act. | Supply Our Soldiers Act of 2005 - Directs the United States Postal Service (USPS) and the Secretary of Defense to provide a program under which postal benefits are made available for personal correspondence and other mail matter sent from within the United States by designated representatives (next-of-kin) to members of the Armed Forces who are: (1) serving on active duty abroad in support of military operations or against an enemy of the United States or other hostile force; or (2) hospitalized in a U.S. military facility as a result of disease or injury incurred during service overseas. Limits postal benefits to $150 per calendar quarter, and limits the size and weight of allowable parcels. Allows charitable organizations to apply for such benefits. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Job Training and
Investment Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Adult.--The term ``adult'' means an individual who has
attained the age of 22.
(2) Community-based organization.--The term ``community-
based organization'' means a private, nonprofit organization,
including a private, nonprofit Native American organization,
that--
(A) has a board of directors composed of
individuals with experience in representing or serving
individuals who are economically disadvantaged or have
substantial barriers to employment;
(B) has a history of demonstrated effectiveness in
providing employment and job training services to such
individuals; and
(C) has an institutional capacity to protect the
investment of public funds consistent with sound
management principles.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(4) Youth.--The term ``youth'' means an individual who has
attained the age of 14 but not 22.
TITLE I--GRANTS TO COMMUNITY-BASED ORGANIZATIONS
Subtitle A--Capacity Building Grants
SEC. 101. AUTHORIZATION.
The Secretary of Labor shall provide grants to community-based
organizations for the purpose of improving the capacity of such
organizations to provide employment and job training services.
SEC. 102. APPLICATION.
(a) In General.--The Secretary may not make a grant under section
101 to a community-based organization unless the organization submits
to the Secretary an application in such form and containing such
information as the Secretary may require.
(b) Additional Requirement.--In addition to the requirements
described in subsection (a), the Secretary may not make a grant under
section 101 to a community-based organization unless such organization
includes in the application submitted under subsection (a) a
description of a plan to improve program and staff development which
will increase the capacity of the organization to plan, manage, assess,
and evaluate employment and job training services carried out--
(1) from amounts received from a grant provided under
section 101;
(2) under the Job Training Partnership Act (29 U.S.C. 1501
et seq.);
(3) under the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.);
(4) under the Job Opportunities and Basic Skills Training
Program authorized under part F of title IV of the Social
Security Act (42 U.S.C. 681 et seq.); and
(5) under other Federal and State programs that have as
their objective the improvement of employment opportunities for
individuals who are economically disadvantaged or have
substantial barriers to employment.
SEC. 103. USE OF AMOUNTS.
The Secretary may not make a grant under section 101 to a
community-based organization unless the organization agrees that it
will use all amounts received from such grant to improve the capacity
of such organization to provide employment and job training services.
SEC. 104. PRIORITY.
In awarding grants under section 101, the Secretary shall give
priority to those community-based organizations that--
(1) represent national networks of affiliates; and
(2) have a history of providing technical assistance and
training to affiliates and other local service providers.
Subtitle B--Disadvantaged Youth and Adult Grants
SEC. 111. AUTHORIZATION.
The Secretary of Labor shall provide grants to community-based
organizations for the purpose of providing attitudinal, motivational,
and skills training to eligible youths and adults described in section
112.
SEC. 112. ELIGIBLE YOUTHS AND ADULTS.
A youth or adult shall be eligible to receive training under
section 111 if the youth or adult, as the case may be--
(1) is economically disadvantaged, as such term is defined
in section 4(8) of the Job Training Partnership Act (29 U.S.C.
1503); or
(2) has a substantial barrier to employment, as determined
by the Secretary.
SEC. 113. APPLICATION.
The Secretary may not make a grant under section 111 to a
community-based organization unless the organization submits to the
Secretary an application in such form and containing such information
as the Secretary may require.
SEC. 114. USE OF AMOUNTS.
(a) In General.--Subject to subsection (b), the Secretary may not
make a grant under section 111 to a community-based organization unless
the organization agrees that it will use all amounts received from such
grant to provide attitudinal, motivational, and skills training to
eligible youths and adults described in section 112. To the extent
practicable, such attitudinal, motivational, and skills training shall
be provided in coordination with employment and job training services
provided under other Federal programs, including programs under--
(1) the Job Training Partnership Act (29 U.S.C. 1501 et
seq.); and
(2) the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(b) Administrative Costs.--A community-based organization may use
not more than 20 percent of amounts received from a grant under section
111 for administrative costs associated with providing attitudinal,
motivational, and skills training described in subsection (a).
TITLE II--NATIONAL ADVISORY COMMITTEE ON COMMUNITY-BASED ORGANIZATIONS
SEC. 201. ESTABLISHMENT.
The Secretary shall establish a National Advisory Committee on
Community-Based Organizations (in this title referred to as the
``Committee'').
SEC. 202. DUTIES.
The Committee shall--
(1) study the role of community-based organizations in
providing employment and job training services in the United
States, with special emphasis on such organizations providing
such services under the Job Training Partnership Act (29 U.S.C.
1501 et seq.); and
(2) conduct an evaluation of the effectiveness of the
employment and job training services provided to disadvantaged
youths and adults by community-based organizations from amounts
received from grants provided under section 111.
SEC. 203. REPORT.
Not later than June 30, 1994, the Committee shall submit to the
Congress a report containing a summary of the study and evaluation
conducted under section 202.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION.
There are authorized to be appropriated to carry out this Act,
$50,000,000 for each of the fiscal years 1994 and 1995. Of the amounts
appropriated for each fiscal year--
(1) 24 percent of such amount shall be made available to
carry out subtitle A of title I;
(2) 70 percent of such amount shall be made available to
carry out subtitle B of title I;
(3) 5 percent of such amount shall be made available for
administrative costs of the Secretary associated with providing
grants under title I; and
(4) 1 percent of such amount shall be made available for
administrative costs of the Commission under title II. | TABLE OF CONTENTS:
Title I: Grants to Community-Based Organizations
Title II: National Advisory Committee on Community-Based
Organizations
Community Job Training and Investment Act of 1993 -
Title I: Grants to Community-Based Organizations
-
Subtitle A: Capacity Building Grants
- Directs the Secretary of Labor to make grants to community-based organizations to improve their capacity to provide employment and job training services.
Requires grant applications, plans, and use agreements.
Gives priority to organizations that represent national networks of affiliates and have a history of providing technical assistance and training to affiliates and other local service providers.
Subtitle B: Disadvantaged Youth and Adult Grants
- Directs the Secretary to make grants to community-based organizations to provide attitudinal, motivational, and skills training to youths and adults who are economically disadvantaged or have a substantial barrier to employment.
Requires grant applications, use agreement, coordination with other Federal programs of employment and job training services, and administrative cost limitation.
Title II: National Advisory Committee on Community-Based Organizations
- Directs the Secretary to establish a National Advisory Committee on Community-Based Organizations to study such organizations' role in providing employment and job training services, especially under the Job Training Partnership Act, and evaluate such services provided from grants under this Act. | [
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] |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Orphan Drug Act
Amendments of 1994 ''.
(b) Reference.--Whenever in this Act (other than sections 5 and 6)
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 Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.).
SEC. 2. PERIOD OF EXCLUSIVITY.
(a) Initial Period.--Subsection (a) of section 527 (21 U.S.C.
360cc) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(3) by striking ``seven years'' and inserting ``4 years'';
and
(4) by striking ``505(c)(2)'' and inserting
``505(c)(1)(B)''.
(b) Additional Period.--Subsection (a) of section 527 (21 U.S.C.
360cc) (as amended by subsection (a)) is amended by adding at the end
the following new paragraphs:
``(2) The holder of the approved application, certification, or
license of a drug to which the 4-year period of exclusivity applies
under paragraph (1) may, after the expiration of 3\1/2\ years of such
period but not later than 90 days before the expiration of such period,
apply to the Secretary for a 3-year extension of such period. Such an
application shall contain such information as the Secretary determines
is necessary to evaluate such application.
``(3) The Secretary shall approve an application submitted under
paragraph (2) if the applicant--
``(A) demonstrates that the drug has a limited commercial
potential as determined under regulations of the Secretary,
taking into account sales information respecting such drug and
any other factor identified by the Secretary in such
regulations that is relevant to the commercial potential of
such drug, and
``(B) makes such demonstration on the basis of the
regulations of the Secretary referred to in subparagraph (A)
that were in effect--
``(i) on the date--
``(I) such drug received its designation
under section 526(a), or
``(II) such applicant applied for an
exemption for such drug under section 505(i) or
507(d),
whichever first occurs, or
``(ii) if the date under clause (i) occurred before
the date such regulations were in effect, on the date
such regulations were in effect.''.
(c) Conforming Amendment.--Section 527(b) (21 U.S.C. 360cc(b)) is
amended--
(1) by striking ``during the seven-year period beginning on
the date of the application approval'' and inserting ``during
the applicable period of exclusivity under subsection (a)'';
and
(2) by striking ``such seven year period'' and inserting
``the applicable period of exclusivity under subsection (a)''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall not apply to a drug--
(1) for which an application under section 505 or 507 of
the Federal Food, Drug, and Cosmetic Act or section 351 of the
Public Health Service Act was submitted before March 1, 1994;
or
(2) for which an exemption under section 505(i) or 507(d)
of the Federal Food, Drug, and Cosmetic Act was in effect
before March 1, 1994, for which human clinical trials were
actively being conducted before such date, and for which an
application for designation under section 526 of such Act was
submitted before the date of enactment of the Orphan Drug Act
Amendments of 1994.
The 7 year period of exclusivity provided by section 527(a) of the
Federal Food, Drug, and Cosmetic Act before the date of the enactment
of this Act shall, after such date, apply to a drug described in
paragraph (1) or (2).
(e) Regulations.--The Secretary shall issue final regulations to
implement paragraphs (2) and (3) of section 527(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360cc) (as amended by subsection (b))
not later than 6 months after the date of the enactment of this Act.
SEC. 3. DESIGNATIONS.
(a) In General.--Section 526(a)(2) (21 U.S.C. 360bb(a)(2)) is
amended to read as follows:
``(2) For purposes of paragraph (1), the term `rare disease or
condition' means any disease or condition that--
``(A) affects fewer than 200,000 persons in the United
States determined on the basis of--
``(i) the facts and circumstances as of the date
the request for designation of the drug under this
subsection is made, and
``(ii) projections as to the number of persons who
will be affected by the disease or condition on a date
which is 3 years from date such request was made, or
``(B) affects more than 200,000 persons in the United
States and for which there is no reasonable expectation that
the cost of developing and making available in the United
States a drug for such disease or condition will be recovered
from sales in the United States of such drug.''.
(b) Exclusivity.--Section 527(b) (21 U.S.C. 360cc(b)) is amended--
(1) in paragraph (1), by striking ``or'' at the end of such
paragraph;
(2) by striking the period at the end of paragraph (2) and
inserting ``; or'', and
(3) by adding at the end the following new paragraph:
``(3) a drug has been designated under section 526 for a
rare disease or condition described in section 526(a)(2)(A) and
if after such designation it is determined that--
``(A) such disease or condition affects more than
200,000 persons in the United States; and
``(B) such drug does not meet the requirement of
section 526(a)(2)(B).''.
SEC. 4. SIMULTANEOUS DEVELOPMENT.
(a) In General.--Section 527(b) (21 U.S.C. 360cc(b)), as amended by
section 3(b), is amended by--
(1) inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(3) by striking ``for a person who is not'' and inserting
``for an applicant who is not''; and
(4) by adding at the end the following new subparagraphs:
``(D) the Secretary finds, after providing the holder, such
applicant, and any other interested person an opportunity to
present their views, that the drugs of the holder and such
applicant were developed simultaneously.
The Secretary shall make a decision on a request for a finding under
subparagraph (D) not later than 60 days after the filing of the
request.
``(2) For purposes of paragraph (1)(D), drugs of a holder and an
applicant shall be considered to be developed simultaneously only if--
``(A) the applicant requested that its drug be designated
under section 526 not later than 6 months after publication of
the designation under section 526(c) of the holder's drug;
``(B) the applicant initiated the human clinical trials
that the applicant relied on in its application for such
approval, certification, or license not more than 12 months
after the date the holder initiated the human clinical trials
that the holder relied on in its application for such approval,
certification, or license; and
``(C) the applicant submitted such application, including
the reports of the clinical and animal studies necessary for
approval, certification, or licensing, not more than 12 months
after the holder submitted its application, including such
reports, for such action.
``(3) Paragraph (1)(D) does not apply to a drug--
``(A) for which an application under section 505 or 507 or
section 351 of the Public Health Service Act was submitted
before March 1, 1994; or
``(B) for which an exemption under section 505(i) or 507(d)
was in effect before March 1, 1994, for which human clinical
trials were actively being conducted before such date, and for
which an application for designation under section 526 was
submitted before the date of enactment of the Orphan Drug Act
Amendments of 1994.''.
(b) Publication.--Section 526(c) (21 U.S.C. 360bb(c)) is amended--
(1) by inserting ``for a rare disease or condition'' after
``(a)''; and
(2) by striking ``shall be made available to the public''
and inserting ``shall be promptly published in the Federal
Register and otherwise made available to the public in a manner
designed to notify persons who have such disease or
condition''.
SEC. 5. OFFICE FOR ORPHAN DISEASES AND CONDITIONS.
Section 227 of the Public Health Service Act (42 U.S.C. 236) is
amended--
(1) in subsection (a), to read as follows:
``(a) There is established in the Department of Health and Human
Services an Office for Orphan Diseases and Conditions. Such Office
shall be established at a level within the Department with sufficient
authority to assure full implementation of the functions and
responsibilities established by this section.'';
(2) by striking ``Board'' each place the term appears and
inserting ``Office'';
(3) in subsection (b), by striking ``drugs and devices''
and inserting ``drugs, devices, and medical foods'';
(4) in subsection (c)(1)(A), by inserting ``of chapter V''
after ``subchapter B'';
(5) by adding at the end the following new subsection:
``(f)(1) There is established in the Office an advisory committee
to advise the Office in carrying out the functions of the Office under
this section.
``(2) The advisory committee shall be comprised of 11 members
appointed by the Secretary, in consultation with the Office and the
Commissioner of the Food and Drug Administration, from persons
knowledgeable about rare diseases and conditions, including--
``(A) 5 representatives of organizations of persons with
rare diseases or conditions;
``(B) 3 research scientists; and
``(C) 3 representatives of health-related companies.
``(3) The Secretary shall also appoint, as liaisons to the advisory
committee, individuals from the Food and Drug Administration, the
National Institutes of Health, and other appropriate Federal agencies.
``(4) Vacancies occurring in the membership of the advisory
committee shall be filled in the same manner as the original
appointment for the position being vacated. Vacancies shall not affect
the power of the remaining members to execute the duties of the
advisory committee.
``(5) Members of the advisory committee, and liaisons to the
advisory committee, shall not be compensated, but shall receive travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter 1 of chapter 57
of title 5, United States Code, for each day the member or liaison is
engaged in the performance of duties away from the home or regular
place of business of the member or liaison.
``(6) Notwithstanding section 1342 of title 31, United States Code,
the advisory committee may accept the voluntary services provided by a
member of the advisory committee or a liaison to the advisory
committee.''; and
(6) by amending the section heading to read as follows:
``office for orphan diseases and conditions''.
SEC. 6. AUTHORIZATION FOR ORPHAN DRUG ACT.
Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is amended
by striking ``$10,000,000'' and all that follows and inserting
``$20,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996,
and $30,000,000 for fiscal year 1997.''. | Orphan Drug Act Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to change from seven to four years the period of market exclusivity guaranteed to any approved orphan drug. Specifies that orphan drugs of "limited commercial potential," as defined by regulations to be issued by the Department of Health and Human Services, would qualify for an additional three years of exclusive marketing rights.
Permits more than one company to put a particular orphan drug on the market in instances where both companies were working on the drug in roughly the same time frame.
Provides for the withdrawal of exclusive marketing rights if the patient population for the approved treatment exceeds 200,000. Extends the authorization of the research grant program. Replaces the existing Orphan Products Board with an Office for Orphan Diseases and Conditions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central American Deportation Relief
Act''.
SEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE WITH REGARD TO
SUSPENSION OF DEPORTATION.
(a) In General.--Section 309(c)(5) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208;
division C; 110 Stat. 3009-627)) is amended to read as follows:
``(5) Transitional rules with regard to suspension of
deportation.--
``(A) Calculation of period of continuous physical
presence.--Paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act (relating to
continuous residence or physical presence) shall apply
to notices to appear, or orders to show cause (referred
to in section 242B(a)(1) of the Immigration and
Nationality Act, as in effect before the title III-A
effective date), issued before, on, or after the date
of the enactment of this Act.
``(B) Exception for certain orders.--In any case in
which the Attorney General elects to terminate and
reinitiate proceedings in accordance with paragraph (3)
of this section, paragraphs (1) and (2) of section
240A(d) of the Immigration and Nationality Act shall
not apply to an order to show cause issued before April
1, 1997.
``(C) Special rule for certain aliens granted
temporary protection from deportation.--
``(i) In general.--For purposes of
calculating the period of continuous physical
presence under section 244(a) of the
Immigration and Nationality Act (as in effect
before the title III-A effective date) or
section 240A of such Act (as in effect after
the title III-A effective date), such period is
deemed to terminate on April 1, 1997, in the
case of an alien who demonstrates that the
alien has not been convicted at any time of an
aggravated felony (as defined in section 101(a)
of the Immigration and Nationality Act); has
not been apprehended while attempting to enter
the United States unlawfully after December 12,
1990; and is--
``(I) a Salvadoran national who
first entered the United States on or
before September 19, 1990; who
registered for benefits pursuant to the
settlement agreement in American
Baptist Churches, et al. v. Thornburgh
(ABC), 760 F. Supp. 796 (N.D. Cal.
1991) on or before October 31, 1991, or
applied for temporary protected status
on or before October 31, 1991; and who
applied for asylum under section 208 of
the Immigration and Nationality Act on
or before February 16, 1996;
``(II) a Guatemalan national who
first entered the United States on or
before October 1, 1990; who registered
for benefits pursuant to such
settlement agreement on or before
December 31, 1991; and who applied for
asylum under section 208 of the
Immigration and Nationality Act on or
before January 3, 1995; or
``(III) a Nicaraguan national who
first entered the United States on or
before April 1, 1990.
``(ii) Motions to reopen deportation
proceedings.--Any alien found ineligible for
suspension of deportation prior to July 10,
1997, solely on the basis of this paragraph (as
in effect prior to the effective date of the
Central American Deportation Relief Act), and
who claims eligibility for suspension of
deportation as a result of the amendments made
by section 101 of such Act, may,
notwithstanding any other limitations imposed
by law on motions to reopen, file one motion to
reopen deportation proceedings to apply for
suspension of deportation. The Attorney General
shall designate a specific time period in which
all such motions to reopen are required to be
filed. The period shall begin not later than 60
days after the date of the enactment of the
Central American Deportation Relief Act and
shall extend for a period not to exceed 180
days.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208;
110 Stat. 3009-546).
SEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD TO SUSPENSION OF
DEPORTATION.
(a) In General.--Section 309(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208; division
C; 110 Stat. 3009-625)), as amended by section 1, is further amended by
adding at the end the following:
``(8) Transitional rule with regard to suspension of
deportation hardship standard.--
``(A) In general.--Except as provided in
subparagraph (B) and notwithstanding paragraphs (1) and
(2) of section 244(a) of the Immigration and
Nationality Act (as in effect before the title III-A
effective date), section 240A(b)(1)(D) of the
Immigration and Nationality Act shall apply to an
alien--
``(i) whose application for suspension of
deportation was filed in deportation
proceedings that were commenced before the
title III-A effective date; and
``(ii) on which application no final
administrative action was taken prior to the
date of the enactment of the Central American
Deportation Relief Act.
``(B) Exception.--Subparagraph (A) shall not apply
to any alien described in paragraph (5)(C)(i).''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF REMOVAL AND
SUSPENSIONS OF DEPORTATION.
(a) Annual limitation.--Section 240A(e) of the Immigration and
Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows:
``(e) Annual Limitation.--
``(1) Aggregate limitation.--Subject to paragraphs (2) and
(3), the Attorney General may not cancel the removal and adjust
the status under this section, nor suspend the deportation and
adjust the status under section 244(a) (as in effect before the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996), of a total of more than 4,000
aliens in any fiscal year. The previous sentence shall apply
regardless of when an alien applied for such cancellation and
adjustment, or such suspension and adjustment, and whether such
an alien had previously applied for suspension of deportation
under such section 244(a). The numerical limitation under this
paragraph shall apply to the aggregate number of decisions in
any fiscal year to cancel the removal (and adjust the status)
of an alien, or suspend the deportation (and adjust the status)
of an alien, under this section or such section 244(a).
``(2) Fiscal year 1997.--For fiscal year 1997, paragraph
(1) shall only apply to decisions to cancel the removal of an
alien, or suspend the deportation of an alien, made after April
1, 1997.
``(3) Offset for decisions in excess of aggregate
limitation.--In fiscal year 1998 and subsequent fiscal years,
and with respect only to aliens described in section
309(c)(5)(C) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (as amended by the Central American
Deportation Relief Act), the Attorney General may elect to
exceed the aggregate numerical limitation under paragraph (1)
by a number not greater than 10,000. For each such alien
granted cancellation of removal or suspension of deportation in
excess of 4,000 in such a fiscal year, the Attorney General
shall reduce by 1, during the next following fiscal year, the
total number of immigrant visas that are made available under
section 203(b)(3)(A)(iii).''.
(b) Cancellation of Removal and Adjustment of Status for Certain
Nonpermanent Residents.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs
(1) and (2) by striking ``may cancel removal in the case of an alien''
and inserting ``may cancel removal of, and adjust to the status of an
alien lawfully admitted for permanent residence, an alien''.
(c) Recordation of Date.--Section 240A(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows:
``(3) Recordation of date.--With respect to aliens who the
Attorney General adjusts to the status of an alien lawfully
admitted for permanent residence under paragraph (1) or (2),
the Attorney General shall record the alien's lawful admission
for permanent residence as of the date of the Attorney
General's cancellation of removal under paragraph (1) or
(2).''.
(d) April 1 Effective Date for Aggregate Limitation.--Section
309(c)(7) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat.
3009-627)) is amended to read as follows:
``(7) Limitation on suspension of deportation.--After April
1, 1997, the Attorney General may not suspend the deportation
and adjust the status under section 244 of the Immigration and
Nationality Act (as in effect before the title III-A effective
date) of any alien in any fiscal year, except in accordance
with section 240A(e) of such Act. The previous sentence shall
apply regardless of when an alien applied for such suspension
and adjustment.''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208;
110 Stat. 3009-546). | Central American Deportation Relief Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with regard to suspension of deportation provisions to modify: (1) the physical presence rule concerning certain reinitiated proceedings; and (2) the hardship rule.
Provides a special determination of physical presence rule for certain Salvadoran, Guatemalan, or Nicaraguan nationals granted temporary deportation protection.
Authorizes certain aliens to file motions to reopen their deportation proceedings.
Revises related annual limitation and offset provisions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Energy Savings Act
of 2003''.
SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Contracts Authorized.--The Secretary of Defense may enter into
an energy savings performance contract under this section for the sole
purpose of achieving energy savings and benefits ancillary to that
purpose. The Secretary may incur obligations under the contract to
finance energy conservation measures so long as guaranteed savings
exceed the debt service requirements.
(b) Terms and Conditions.--
(1) Contract period.--Notwithstanding any other provision
of law, an energy savings performance contract may be for a
period of up to 25 years beginning on the date on which the
first payment is made by the Secretary pursuant to the
contract. The contract need not include funding of cancellation
charges (if any) before cancellation, if--
(A) the contract was awarded in a competitive
manner, using procedures and methods established under
this section;
(B) the Secretary determines that funds are
available and adequate for payment of the costs of the
contract for the first fiscal year;
(C) the contract is governed by part 17.1 of the
Federal Acquisition Regulation; and
(D) if the contract contains a clause setting forth
a cancellation ceiling in excess $10,000,000, the
Secretary provides notice to Congress of the proposed
contract and the proposed cancellation ceiling at least
30 days before the award of the contract.
(2) Costs and savings.--An energy savings performance
contract shall require the contractor to incur the costs of
implementing energy savings measures, including at least the
cost (if any) incurred in making energy audits, acquiring and
installing equipment, and training personnel, in exchange for a
share of any energy savings directly resulting from
implementation of such measures during the term of the
contract.
(3) Other terms and conditions.--An energy savings
performance contract shall require an annual energy audit and
specify the terms and conditions of any Government payments and
performance guarantees. Any such performance guarantee shall
provide that either the Government or the contractor is
responsible for maintenance and repair services for any energy
related equipment, including computer software systems.
(c) Limitation on Annual Contract Payments.--Aggregate annual
payments by the Secretary to a contractor for energy, operations, and
maintenance under an energy savings performance contract may not exceed
the amount that the Department of Defense would have paid for energy,
operations, and maintenance in the absence of the contract (as
estimated through the procedures developed pursuant to this section)
during term of the contract. The contract shall provide for a guarantee
of savings to the Department, and shall establish payment schedules
reflecting such guarantee, taking into account any capital costs under
the contract.
(d) Rulemaking.--Not later than 90 days after the date of the
enactment of this section, the Secretary, with the concurrence of the
Federal Acquisition Regulatory Council, shall issue final rules to
establish the procedures and methods for use by the Department of
Defense to select, monitor, and terminate energy savings performance
contracts in accordance with laws governing Federal procurement that
will achieve the intent of this section in a cost-effective manner. In
developing such procedures and methods, the Secretary, with the
concurrence of the Federal Acquisition Regulatory Council, shall
determine which existing regulations are inconsistent with the intent
of this section and shall formulate substitute regulations consistent
with laws governing Federal procurement.
(e) Implementation Procedures and Methods.--The procedures and
methods established by rule under subsection (d) shall--
(1) provide for the calculation of energy savings based on
sound engineering and financial practices;
(2) allow the Secretary to request statements of
qualifications, which shall, at a minimum, include prior
experience and capabilities of contractors to perform the
proposed types of energy savings services and financial and
performance information, from firms engaged in providing energy
savings services;
(3) allow the Secretary to presume that a contractor meets
the requirements of paragraph (2) if the contractor either--
(A) has carried out contracts with a value of at
least $1,000,000,000 with the Federal Government over
the previous 10 years; or
(B) is listed by a Federal agency pursuant to
section 801(b)(2) of the National Energy Policy Act (42
U.S.C. 8287(b)(2));
(4) allow the Secretary to, from the statements received,
designate and prepare a list, with an update at least annually,
of those firms that are qualified to provide energy savings
services;
(5) allow the Secretary to select firms from such list to
conduct discussions concerning a particular proposed energy
savings project, including requesting a technical and price
proposal from such selected firms for such project;
(6) allow the Secretary to select from such firms the most
qualified firm to provide energy savings services based on
technical and price proposals and any other relevant
information
(7) allow the Secretary to permit receipt of unsolicited
proposals for energy savings performance contracting services
from a firm that the Department of Defense has determined is
qualified to provide such services under the procedures
established pursuant to subsection (d) and require facility
managers to place a notice in the Commerce Business Daily
announcing they have received such a proposal and invite other
similarly qualified firms to submit competing proposals;
(8) allow the Secretary to enter into an energy savings
performance contract with a firm qualified under paragraph (7),
consistent with the procedures and methods established pursuant
to subsection (d); and
(9) allow a firm not designated as qualified to provide
energy savings services under paragraph (4) to request a review
of such decision to be conducted in accordance with procedures,
substantially equivalent to procedures established under
section 759(f) of title 40, United States Code, to be developed
by the board of contract appeals of the General Services
Administration.
(f) Transition Rule for Energy Savings Performance Contracts Under
National Energy Conservation Policy Act.--In the case of an energy
savings performance contract entered into by the Secretary or the
Secretary of Energy pursuant to the authority granted by section 801 of
the National Energy Conservation Policy Act (42 U.S.C. 8287), the
Secretary may maintain the contract under this section, making whatever
contract modifications as the Secretary determines are necessary to
conform to the provisions of this subsection.
(g) Pilot Program for Nonbuilding Applications.--
(1) In general.--The Secretary may carry out a pilot
program to enter into up to 10 energy savings performance
contracts for the purpose of achieving energy savings,
secondary savings, and benefits incidental to those purposes,
in nonbuilding applications.
(2) Selection.--The Secretary shall select the contract
projects to demonstrate the applicability and benefits of
energy savings performance contracting to a range of non-
building applications.
(3) Report.--Not later than three years after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the progress and results of the pilot
program. The report shall include a description of projects
undertaken; the energy and cost savings, secondary savings and
other benefits that resulted from such projects; and
recommendations on whether the pilot program should be
extended, expanded, or authorized.
(h) Definitions.--In this section:
(1) Energy savings.--The term ``energy savings'' means a
reduction in the cost of energy, from a base cost established
through a methodology set forth in the energy savings
performance contract, utilized in an existing federally owned
building or buildings or other federally owned facilities as a
result of--
(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance,
increased capacity or payload, or technical services;
or
(B) the increased efficient use of existing energy
sources by cogeneration or heat recovery, excluding any
cogeneration process for other than a federally owned
building or buildings or other federally owned
facilities.
(2) Energy savings performance contract.--The term ``energy
savings performance contract'' means a contract that provides
for the performance of services for the design, acquisition,
installation, testing, operation, and, where appropriate,
maintenance and repair of an identified energy conservation
measure or series of measures at one or more locations. Such
contracts--
(A) may provide for appropriate software licensing
agreements; and
(B) shall, with respect to an agency facility that
is a public building, as defined in section 13(l) of
the Public Buildings Act of 1959 (40 U.S.C. 612(l)), be
in compliance with the prospectus requirements and
procedures of section 7 of the Public Buildings
Accountability Act of 1959 (40 U.S.C. 606).
(3) Nonbuilding application.--The term ``nonbuilding
application'' means--
(A) any class of vehicles, devices, or equipment
that is transportable under its own power by land, sea,
or air that consumes energy from any fuel source for
the purpose of such transportability, or to maintain a
controlled environment within such vehicle, device, or
equipment; or
(B) any Federally owned equipment used to generate
electricity or transport water.
(4) Secondary savings.--The term ``secondary savings''
means additional energy or cost savings that are a direct
consequence of the energy savings that result from the energy
efficiency improvements that were financed and implemented
pursuant to the energy savings performance contract. Such
secondary savings may include energy and cost savings that
result from a reduction in the need for fuel delivery and
logistical support, personnel cost savings and environmental
benefits. In the case of electric generation equipment,
secondary savings may include the benefits of increased
efficiency in the production of electricity, including revenue
received by the Federal Government from the sale of electricity
so produced.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Defense. | National Defense Energy Savings Act of 2003 - Authorizes the Secretary of Defense to: (1) enter into an energy savings performance contract (for a period of up to 25 years) for the sole purpose of achieving ancillary energy savings and benefits; and (2) incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements.
Directs the Secretary to issue final rules establishing implementation procedures and methods that meet specified requirements.
Authorizes the Secretary to implement a pilot program to enter into up to ten energy savings performance contracts in nonbuilding applications. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Wireless Spectrum Use Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Competent management of the electromagnetic radio
spectrum includes continued availability of spectrum for
private wireless entities because of such entitiesD23/' unique
ability to achieve substantial efficiencies in their use of
this important and finite public resource. A private wireless
system licensee or entity is able to customize communications
systems to meet the individual needs of that licensee or end
user while using engineering solutions and other cooperative
arrangements to share spectrum with other private system
licensees and entities without causing harmful interference or
other degradation of quality or reliability to such other
licensees or entities. Accordingly, spectrum allocations for
the shared use of private wireless systems achieve a high level
of spectrum use efficiency and contribute to the economic and
social welfare of the United States.
(2) Wireless communication systems dedicated to the
internal communication needs of America's industrial, land
transportation, energy (including utilities and pipelines), and
other business enterprises are critical to the competitiveness
of American industry and business in international commerce;
increase corporate productivity; enhance the safety and welfare
of employees; and improve the delivery of products and services
to consumers in the United States and abroad.
(3) During the past decade, the Federal Communications
Commission allocation and licensing policies have led to
dramatic increases in spectrum available for commercial mobile
radio services while the spectrum available for private mobile
radio systems has decreased, even though the Commission
recognizes the spectrum use efficiencies and other public
benefits of such private systems and the substantial increases
in the use of such systems.
(4) Spectrum auctions are designed to select among
competing applications for spectrum licenses when engineering
solutions, negotiation, threshold qualifications, service
regulations, and other cooperative means employed by the
Commission are not able to prevent mutual exclusivity among
such applications. Private wireless systems, on the other hand,
avoid mutual exclusivity through cooperative, multiple uses
generally achieved by the Commission, the users, or the
frequency advisory committees. Accordingly, the requirements of
such private wireless systems are accommodated within the
spectrum bands allocated for private uses. Since there is no
mutual exclusivity among private wireless system applications,
there is no need for the Commission to employ a mechanism, such
as auctions, to select among applications. Auction valuation
principles also do not apply to the private wireless licensing
process because the private wireless spectrum is not used on a
commercial, interconnected basis. Rather, such private
allocations are used for internal communications applications
to enhance safety, efficiency and productivity. Nonetheless,
there should be some payment associated with the assignment of
new private wireless spectrum, and the Commission can and
should develop a payment mechanism for this purpose.
SEC. 3. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating paragraphs (33) through (52) as
paragraph (35) through (54); and
(2) by inserting after paragraph (32) the following:
``(33) Private Wireless System.--The term `private wireless
system' means an infrastructure of telecommunications equipment
and customer premises equipment that is owned by, and operated
solely to meet the internal wireless communication needs of, an
industrial, business, transportation, education, or energy
(including utilities and pipelines) entity, or other licensee.
``(34) Private Wireless Provider.--The term `private
wireless provider' means an entity that owns, operates, or
manages an infrastructure of telecommunications equipment and
customer premises equipment that is--
``(A) used solely for the purpose of meeting the
internal communications needs of another entity that is
an industrial, business, transportation, education, or
energy (including utilities and pipelines) entity, or
similar end-user;
``(B) neither a commercial mobile service (as
defined in section 332(d)(1)) nor used to provide
public safety services (as defined in section
337(f)(1)); and
``(C) not interconnected with the public switched
network.''.
SEC. 4. ALLOCATION AND ASSIGNMENT OF ADDITIONAL SPECTRUM.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301) is amended by inserting after section 337 the following:
``SEC. 338. ALLOCATION AND ASSIGNMENT OF SPECTRUM FOR PRIVATE WIRELESS
USES.
``(a) Rulemaking Required.--Within 120 days after the date of
enactment of the Private Wireless Spectrum Use Act, the Commission
shall initiate a rulemaking designed to identify and allocate at least
12 megahertz of electromagnetic spectrum located between 150 and 2,000
megahertz for use by private wireless licensees on a shared-use basis.
The new spectrum proposed to be reallocated shall be available and
appropriate for use by private wireless communications systems and
shall accommodate the need for paired allocations and for proximity to
existing private wireless spectrum allocations. In accommodating the
various private wireless system needs in this rulemaking, the
Commission shall reserve at least 50 percent of the reallocated
spectrum for the use of private wireless systems. The remaining
reallocated spectrum shall be available for use by private wireless
providers solely for the purpose described in section 3(34)(A).
``(b) Order Required.--Within 180 days after the Commission
initiates the rulemaking required by subsection (a), the Commission, in
consultation with its frequency advisory committees, shall--
``(1) issue an order reallocating spectrum in accordance
with subsection (a); and
``(2) issue licenses for the reallocated spectrum in a
timely manner.''.
SEC. 5. REIMBURSEMENT FOR ADDITIONAL SPECTRUM ALLOCATED FOR PRIVATE
WIRELESS SYSTEM USE.
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309
(j)) is amended by inserting after paragraph (14) the following:
``(15) Spectrum efficiency for shared spectrum.--
``(A) Within 120 days after the date of enactment
of the Private Wireless Spectrum Use Act, the
Commission shall initiate a rulemaking to devise a
schedule of payment to the Treasury by private wireless
systems, and by private wireless providers for the
purpose described in section 3(34)(A), in return for a
license or other ability to use a portion of the
spectrum reallocated under section 338. The schedule
shall be designed to promote the efficient use of those
frequencies.
``(B) Within 180 days after the Commission
initiates the rulemaking required by subparagraph (A),
the Commission, after consultation with its frequency
advisory committees and after opportunity for comment,
shall adopt a schedule of payment in accordance with
subparagraph (A) and which it determines to be in the
public interest.
``(C) In adopting the schedule of payments referred
to in subparagraph (A), the Commission--
``(i) may not base a finding of public
interest, convenience, and necessity on the
expectation of Federal revenues for the use of
such schedule of payment; and
``(ii) shall take into account the private
nature of the systems, the safety and
efficiencies realized by the public as a result
of these private uses, the amount of bandwidth
and coverage area and geographic location of
the license, and the degree of frequency-
sharing.''.
SEC. 6. SPECTRUM SHARING
Section 309(j)(6) of the Communications Act of 1934 (47 U.S.C.
309(j)(6)) is amended--
(1) by striking ``or'' at the end of subparagraph (G);
(2) by striking ``Act.'' in subparagraph (H) and inserting
``Act; or''; and
(3) by adding at the end the following:
``(I) be construed to permit the Commission to take
any action to create mutual exclusivity where it does
not already exist.''.
SEC. 7. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Private Mobile Service.--Section 332(d) of the Communications
Act of 1934 (47 U.S.C. 332(d)) is amended--
(1) by inserting ``and'' after the semicolon in paragraph
(1);
(2) by striking ``(c)(1)(B); and'' in paragraph (2) and
inserting ``(c)(1)(B).''; and
(3) by striking paragraph (3).
(b) Application of Spectrum-use Payment Schedule to New Licenses.--
Section 337(a)(2) of the Communications Act of 1934 (47 U.S.C.
337(a)(2)) is amended by inserting ``or spectrum use payment schedule''
after ``competitive bidding''.
(c) Exemption From Competitive Bidding.--Section 309(j)(2) of the
Communications Act of 1934 (47 U.S.C. 309(j)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking ``Act.'' in subparagraph (C) and inserting
``Act; or''; and
(3) by adding at the end thereof the following:
``(D) for private wireless systems, and for private
wireless providers for the purpose described in section
3(34)(A), that--
``(i) are used to enhance the productivity
or safety of business or industry; and
``(ii) are not made commercially available
to the public, except for that purpose.''.
(d) Technical Amendment.--Section 271(c)(1)(A) of the
Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by
striking ``3(47)(A),'' and inserting ``3(49)(A),''. | Requires the FCC to: (1) devise a schedule for payments to the Treasury for shared-use spectrum used by private wireless systems; and (2) adopt a payment schedule determined to be in the public interest.
Prohibits competitive bidding requirements from being construed to permit the FCC to take any action to create mutual exclusivity where it does not already exist. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The problem of family violence does not necessarily
cease when the victimized family is legally separated,
divorced, or otherwise not sharing a household. During
separation and divorce, family violence often escalates, and
child custody and visitation become the new forum for the
continuation of abuse.
(2) Current child custody and visitation laws are based on
incorrect assumptions that divorcing parents are in relatively
equal positions of power and that such parents always act in
the children's best interest. These laws often work against the
protection of the children and the abused spouse or intimate
partner in families with a history of family violence.
(3) Some perpetrators use the children as pawns to control
the abused party after the couple is separated.
(4) Every year an estimated 1,000 to 5,000 children are
killed by their parents in the United States.
(5) In 1988, the Department of Justice reported that
354,100 children were abducted by family members who violated
custody agreements or decrees. Most victims were children from
ages 2 to 11 years.
(6) Approximately 160,000 children are seriously injured or
impaired by abuse or neglect each year.
(7) Studies by the American Humane Association indicate
that reports of child abuse and neglect have increased by over
200 percent from 1976 to 1986.
(8) Approximately 90 percent of children in homes in which
their mothers are abused witness the abuse.
(9) Data indicates that women and children are at elevated
risk for violence during the process of and after separation.
(10) Fifty to 70 percent of men who abuse their spouses or
partners also abuse their children.
(11) Up to 75 percent of all domestic assaults reported to
law enforcement agencies were inflicted after the separation of
the couples.
(12) In one study of spousal homicide, over half of the
male defendants were separated from their victims.
(13) Seventy-three percent of battered women seeking
emergency medical services do so after separation.
SEC. 3. PURPOSE.
The purpose of this Act is to authorize funding to enable
supervised visitation centers to provide the following:
(1) Supervised visitation in cases where there is
documented sexual, physical or emotional abuse as determined by
the appropriate court.
(2) Supervised visitation in cases where there is suspected
or elevated risk of sexual, physical or emotional abuse, or
where there have been threats of parental abduction of the
child.
(3) Supervised visitation for children who have been placed
in foster homes as a result of abuse.
(4) An evaluation of visitation between parents and
children for child protection social services to assist such
service providers in making determinations of whether the
children should be returned to a previously abusive home.
(5) A safe location for custodial parents to temporarily
transfer custody of their children with non-custodial parents,
or to provide a protected visitation environment, where there
has been a history of domestic violence or an order for
protection is involved.
(6) An additional safeguard against the child witnessing
abuse or a safeguard against the injury or death of a child or
parent.
(7) An environment for families to have healthy interaction
activities, quality time, non-violent memory building
experiences during visitation to help build the parent/child
relationship.
(8) Parent and child education and support groups to help
parents heal and learn new skills, and to help children heal
from past abuse.
SEC. 4. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.
(a) In General.--The Secretary of Health and Human Services
(hereafter referred to in this Act as the ``Secretary'') is authorized
to award grants to and enter into contracts and cooperative agreements
with public or nonprofit private entities to assist such entities in
the establishment and operation of supervised visitation centers.
(b) Considerations.--In awarding grants, contracts and agreements
under subsection (a), the Secretary shall take into account--
(1) the number of families to be served by the proposed
visitation center to be established under the grant, contract
or agreement;
(2) the extent to which supervised visitation centers are
needed locally;
(3) the relative need of the applicant; and
(4) the capacity of the applicant to make rapid and
effective use of assistance provided under the grant, contract
or agreement.
(c) Use of Funds.--
(1) In general.--Amounts provided under a grant, contract
or cooperative agreement awarded under this section shall be
used to establish supervised visitation centers and for the
purposes described in section 3. In using such amounts,
grantees shall target the economically disadvantaged and those
individuals who could not otherwise afford such visitation
services. Other individuals may be permitted to utilize the
services provided by the center on a fee basis.
(2) Costs.--To the extent practicable, the Secretary shall
ensure that, with respect to recipients of grants, contracts or
agreements under this section, the perpetrators of the family
violence, abuse or neglect will be responsible for any and all
costs associated with the supervised visitation undertaken at
the center.
SEC. 5. DEMONSTRATION GRANT APPLICATION.
(a) In General.--A grant, contract or cooperative agreement may not
be made or entered into under this Act unless an application for such
grant, contract or cooperative agreement has been submitted to and
approved by the Secretary.
(b) Approval.--Grants, contracts and cooperative agreements under
this Act shall be awarded in accordance with such regulations as the
Secretary may promulgate. At a minimum, to be approved by the Secretary
under this section an application shall--
(1) demonstrate that the applicant has recognized expertise
in the area of family violence and a record of high quality
service to victims of family violence; and
(2) be submitted from an entity located in a State where
State law requires the courts to consider evidence of violence
in custody decisions.
SEC. 6. EVALUATION OF DEMONSTRATION PROJECTS.
(a) In General.--Not later than 30 days after the end of each
fiscal year, a recipient of a grant, contract or cooperative agreement
under this Act shall prepare and submit to the Secretary a report that
contains information concerning--
(1) the number of families served per year;
(2) the number of families served per year categorized by--
(A) families who require that supervised visitation
because of child abuse only;
(B) families who require supervised visitation
because of a combination of child abuse and domestic
violence; and
(C) families who require supervised visitation
because of domestic violence only;
(3) the number of visits per family in the report year
categorized by--
(A) supervised visitation required by the courts;
(B) supervised visitation based on suspected or
elevated risk of sexual, physical, or emotional abuse,
or threats of parental abduction of the child that is
not court mandated;
(C) supervised visitation that is part of a foster
care arrangement; and
(D) supervised visitation because of an order of
protection;
(4) the number of supervised visitation arrangements
terminated because of violations of visitation terms, including
violence;
(5) the number of protective temporary transfers of custody
during the report year;
(6) the number of parental abduction cases in a judicial
district using supervised visitation services, both as
identified in criminal prosecution and custody violations;
(7) the number of safety and security problems that occur
during the report year;
(8) the number of families who are turned away because the
center cannot accommodate the demand for services;
(9) the process by which children or abused partners will
be protected during visitations, temporary custody transfers
and other activities for which the supervised visitation
centers are created; and
(10) any other information determined appropriate in
regulations promulgated by the Secretary.
(b) Evaluation.--In addition to submitting the reports required
under subsection (a), an entity receiving a grant, contract or
cooperative agreement under this Act shall have a collateral agreement
with the court, the child protection social services division of the
State, and local domestic violence agencies or State and local domestic
violence coalitions to evaluate the supervised visitation center
operated under the grant, contract or agreement. The entities
conducting such evaluations shall submit a narrative evaluation of the
center to both the center and the grantee.
(c) Demonstration of Need.--The recipient of a grant, contract or
cooperative agreement under this Act shall demonstrate, during the
first 3 years of the project operated under the grant, contract or
agreement, the need for continued funding.
SEC. 7. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON
SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.
(a) Authorization.--The Secretary is authorized to award special
grants to public or nonprofit private entities to assist such entities
in collecting clinical data for supervised visitation centers
established under this Act to determine--
(1) the extent to which supervised visitation should be
allowed between children who are sexually abused or severely
physically abused by a parent, where the visitation is not
predicated on the abusive parent having successively completed
a specialized course of therapy for such abusers;
(2) the effect of supervised visitation on child victims of
sexual abuse or severe physical abuse when the abusive parent
exercising visitation has not completed specialized therapy and
does not use the visitation to alleviate the child victim's
guilt, fear, or confusion;
(3) the relationship between the type of abuse or neglect
experienced by the child and the use of supervised visitation
centers by the maltreating parent; and
(4) in cases of spouse or partner abuse only, the extent to
which supervised visitation should be predicated on
participation by the abusive spouse in a specialized treatment
program.
(b) Application.--To be eligible to receive a grant under this
section an entity shall prepare and submit to the Secretary an
application at such time, in such manner and containing such
information as the Secretary may require, including documentary
evidence to demonstrate that the entity possesses a high level of
clinical expertise and experience in child abuse treatment and
prevention as they relate to visitation. The level of clinical
expertise and experience required will be determined by the Secretary.
(c) Report.--Not later than 1 year after the date on which a grant
is received under this section, and each year thereafter for the
duration of the grant, the grantee shall prepare and submit to the
Secretary a report containing the clinical data collected under such
grant.
SEC. 8. REPORTING.
Not later than 18 months after the date of enactment of this Act,
and annually thereafter, the Secretary shall prepare and submit to the
appropriate committees of Congress a report containing the information
collected under the reports received under sections 6 and 7, including
recommendations made by the Secretary concerning whether or not the
supervised visitation center demonstration and clinical data programs
should be reauthorized.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of awarding grants, contracts and
cooperative agreements under this Act, there are authorized to be
appropriated $30,000,000 for fiscal year 1994, $40,000,000 for fiscal
year 1995, and $50,000,000 for fiscal year 1996.
(b) Distribution.--Of the amounts appropriated under subsection (a)
for each fiscal year--
(1) not less than 80 percent shall be used to award grants,
contracts, or cooperative agreements under section 5; and
(2) not more than 20 percent shall be used to award grants
under section 7.
(c) Disbursement.--Amounts appropriated under this section shall be
disbursed as categorical grants through the 10 regional offices of the
Department of Health and Human Services. | Child Safety Act - Authorizes the Secretary of Health and Human Services to award grants and enter into contracts and cooperative agreements with public or nonprofit private entities to: (1) establish and operate supervised visitation centers for child abuse victims; and (2) assist such organizations in collecting data on the effect of supervised visitation on sexually abused or severely physically abused children. Authorizes appropriations. | [
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SECTION. 1. SHORT TITLE.
This Act may be referred to as the ``Small Business Emancipation
Act of 1996''.
SEC. 2. DEFINITION.
For purposes of this Act the term small-business concern has the
meaning given such term in section 3(a)(1) of the Small Business Act
(15 U.S.C. 632(a)(1)).
TITLE I--LABOR PROVISIONS
SEC. 101. SIMPLIFICATION OF EMPLOYEE'S ``REGULAR RATE'' FOR PURPOSES OF
CALCULATING OVERTIME COMPENSATION.
Notwithstanding 7(e) of the Fair Labor Standards Act of 1938 (29
U.S.C. 207(e)), the ``regular rate'' at which an employee of a small-
business concern is employed shall not be deemed to include sums paid
in recognition of services performed during a given period if the
payments are made to reward an employee or group of employees for
meeting or exceeding the productivity, quality, efficiency, or sales
goals as specified in a gainsharing, incentive bonus, commission, or
performance contingent bonus plan.
SEC. 102. COMPENSATORY TIME.
Notwithstanding section 7(o) of the Fair Labor Standards Act of
1938 (29 U.S.C. 207(o))--
(1) An employee of a small-business concern may receive, in
accordance with this subsection and in lieu of monetary
overtime compensation, compensatory time off at a rate not less
than 1\1/2\ hours for each hour of employment for which
overtime compensation is required by this subsection.
(2) An employer may provide compensatory time under
paragraph (1) only pursuant to--
(A) applicable provisions of a collective
bargaining agreement, memorandum of understanding, or
any other agreement between the employer and
representative of such employees; or
(B) in the case of employees not covered by
subparagraph (A), an agreement or understanding arrived
at between the employer and employee before the
performance of the work.
(3) An employee may accrue not more than 240 hours of
compensatory time. Not later than January 31 of each calendar
year, the employee's employer shall provide monetary
compensation for any compensatory time off accrued during the
preceding calendar year which was not used prior to December 31
of the preceding year at a rate not less than 1\1/2\ times the
regular rate earned by the employee at the time the employee
receives such payment. An employer may designate and
communicate to the employer's employees a 12-month period other
than the calendar year, in which case such compensation shall
be provided not later than 31 days after the end of such 12-
month period.
(4) An employee who has accrued compensatory time off
authorized to be provided under paragraph (1) shall, upon
termination of employment, be paid for the unused compensatory
time at a rate of compensation not less than--
(A) the average regular rate received by such
employee during the last 3 years of the employee's
employment, or
(B) the final regular rate received by such
employee, whichever is higher.
(5) An employee--
(A) who has accrued compensatory time off
authorized to be provided under paragraph (1), and
(B) who has requested the use of such compensatory
time,
shall be permitted by the employee's employer to use such time within a
reasonable period after making the request if the use of the
compensatory time does not unduly disrupt the operations of the
employer.
(6) For purposes of this subsection the terms
``compensatory time'' and ``compensatory time off'' mean hours
during which an employee is not working, which are not counted
as hours worked during the applicable workweek or other work
period for purposes of overtime compensation, and for which the
employee is compensated at the employee's regular rate.
SEC. 103. FLEXIBLE AND COMPRESSED SCHEDULES.
(a) Compressed Schedules.--Notwithstanding any other provision of
law, a small-business concern employer may establish programs that
allow the use of a compressed schedule that consists of--
(1) in the case of a schedule of a full-time employee, a
160-hour basic work requirement, over a 4-week period, that is
scheduled for less than 20 workdays; and
(2) in the case of a schedule of a part-time employee, a
basic work requirement of less than 160 hours, over a 4-week
period, that is scheduled for less than 20 workdays.
(b) Flexible Schedules.--Notwithstanding any other provision of
law, a small-business concern employer may establish programs that
allow the use of flexible schedules that include--
(1) designated hours and days during which an
employee on such a schedule must be present for work;
and
(2) designated hours during which an employee on
such a schedule may elect the time of the arrival of
such employee at and departure of such employee from
work, solely for such purpose or, if and to the extent
permitted, for the purpose of accumulating credit hours
to reduce the length of the workweek or another
workday.
SEC. 104. SMALL-BUSINESS CONCERN AUDIT EXEMPTION.
Notwithstanding any other provision of law, a small-business
concern shall not be required to disclose any information obtained
through a voluntary internal audit to any regulatory agency.
SEC. 105. EXEMPTION FROM THE DAVIS-BACON ACT.
The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.)
(commonly referred to as the Davis-Bacon Act) shall not apply to any
laborers or mechanics employed by small-business concerns.
SEC. 106. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
(a) Standard Basis.--Section 6(b) of the Occupational Safety and
Health Act (29 U.S.C. 655(b)) is amended by inserting after paragraph
(8) the following:
``(9) In establishing standards under this section, the
Secretary shall consider and make findings concerning whether
there is a reasonable relationship between the costs and
benefits of the standard, and the particular effects of the
standard on small-business concerns.''.
(b) Violations.--Section 17 of the Occupational Safety and Health
Act (29 U.S.C. 666) is amended by redesignating subsection (l) as
subsection (m) inserting after subsection (k) the following:
``(l) In the case of any small-business concern employer who
received a citation for a violation of the requirements of section 5,
any standard, rule, or order promulgated pursuant to section 6 or of
any regulations prescribed under this Act, the Secretary shall waive up
to 100 percent of such penalty to the extent that the employer uses the
amount which would have been paid as penalty for correction of the
violation. This subsection shall apply where
``(1) the employer has made a good faith effort to comply
with applicable regulation, and
``(2) the violation does not constitute a significant
threat to an employee's health or safety or is not a criminal
violation.''.
(c) Employee Participation.--The Occupational Safety and Health Act
(29 U.S.C. 651 et seq.) is amended by adding at the end the following:
``employee participation
``Sec. 33. In order to carry out the purposes of this Act to
encourage employers and employees in their efforts to reduce the number
of occupational safety and health hazards, an employee participation
committee or other mechanism--
``(1) in which employees participate,
``(2) which exists for the purpose, in whole or in part, of
dealing with employees concerning the safety or health of
working conditions or related matters, and
``(3) which does not have, claim, or seek authority to
negotiate or enter into collective bargaining agreements with
an employer or to amend existing collective bargaining
agreements between and employer and any labor organization,
shall not constitute a `labor organization' for purposes of section
8(a)(2) of the National Labor Relations Act or a representative for
purposes of sections 1 and 2 of the Railway Labor Act.''.
(d) Small Business Assistance and Training.--The Occupational
Safety and Health Act, as amended by paragraph (3), is amended by
adding after section 33 the following:
``small business assistance and training
``Sec. 34. (a) The Secretary shall establish and implement a
program to provide technical assistance and consultative services for
employers and employees, either directly or by grant or contract,
concerning worksite safety and health and compliance with this Act.
Such assistance shall be targeted at small employers and the most
hazardous industries.
``(b) This subsection authorizes the consultative services to
employers provided under cooperative agreements between the States and
the Occupational Safety and Health Administration and described in part
1908 of title 39 of the Code of Federal Regulations.
``(c) Not less than one-fourth of the annual appropriation made to
the Secretary to carry out this Act shall be expended for the purposes
described in this section.''.
(e) Voluntary Protection Program Award.--The Occupational Safety
and Health Act, as amended by paragraph (4), is amended by adding after
section 34 the following:
``voluntary protection program award
``Sec. 35. (a) The Secretary shall establish an award which shall
periodically be made to small-business concerns which have implemented
particularly effective approaches to addressing occupational safety and
health in the workplace, including those which provide for effective
employee involvement in improving safety and health and which are as a
consequence deserving of special recognition.
``(b) A company or organization to which an award is made under
subsection (a) and which agrees to help other American companies or
organizations improve their occupational safety and health may
publicize its receipt of such award and use the award in its
advertising, but it shall be ineligible to receive another such award
in the same category for a period of 5 years.
``(c)(1) Subject to paragraph (2), separate awards shall be made to
qualifying organizations and companies in each of the following
categories--
``(A) manufacturing;
``(B) agricultural;
``(C) concerns providing services;
``(D) retail; and
``(E) construction.
``(2) Not more than 1 award may be made within any subcategory in
any year (and no award shall be made within any category if there are
no qualifying enterprises in that category.
``(d) An organization or company may qualify for an award under
subsection (a) only if it--
``(1) applies to the Secretary in writing, for the award,
``(2) permits a rigorous evaluation of its occupational
safety and health operations, and
``(3) meets such requirements and specifications as the
Secretary determines to be appropriate to achieve the
objectives of this section.
In applying paragraph (3) with respect to any organization or company,
the Secretary shall rely upon an intensive evaluation of the
occupational safety and health operation. The examination should
encompass all aspects of the organization's or company's current
occupational safety and health practice. The award shall be given only
to organizations and companies which have made outstanding improvements
in their occupational safety and health practices and which demonstrate
effective occupational safety and health practices through the training
and involvement of all levels of personnel.
``(e) The Secretary shall ensure that all program participants
receive the complete results of their audits as well as detailed
explanations of all suggestions for improvements. The Secretary shall
also provide information about the awards and the successful quality
improvement strategies and programs of the award-winning participants
to all participants and other appropriate groups.
``(f) The Secretary is authorized to seek and accept gifts from
public and private sources to carry out the program under this section.
If additional sums are needed to cover the full cost of the program,
the Secretary shall impose fees upon the organizations and companies
applying for the award in amounts sufficient to provide such additional
sums.
``(g) The Secretary shall prepare and submit to the President and
the Congress, within 3 years after the date of the enactment of this
section, a report on the progress, findings, and conclusions of
activities conducted pursuant to this section along with
recommendations for possible modifications thereof.''.
SEC. 107. PROHIBITION OF PREFERENTIAL TREATMENT.
(a) It shall be an unlawful employment practice for any small
business concern employer to grant preferential treatment to any
individual or group with respect to selection for, discharge from,
compensation for, or the terms, conditions, or privileges of,
employment or union membership, on the basis of the race, color,
religion, sex, or national origin of such individual or group, for any
purpose, except as provided in subsection (b).
(b) It shall not be unlawful employment practice for an entity
described in subsection (a) to undertake affirmative action designed to
recruit individuals of an underrepresented race, color, religion, sex,
or national origin, to expand the applicant pool of the individuals
seeking employment or union membership with the entity.
(c) Nothing in the amendments made by this subsection shall be
construed to affect the authority of courts to remedy intentional
discrimination under section 706(g) of the Civil Rights Act of 1964
(Public Law 88-352).
TITLE II--TAX PROVISIONS
SEC. 201. EXCLUSION FROM GROSS ESTATE OF INTERESTS IN CERTAIN SMALL
BUSINESSES.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
adding at the end the following new section:
``SEC. 2047. EXCLUSION OF QUALIFIED SMALL BUSINESS INTERESTS.
``(a) In General.--If the executor elects the application of this
section, the value of the gross estate shall not include the value of
the qualified small business interests of the decedent which are
otherwise includible in the estate.
``(b) Qualified Small Business Interest.--For purposes of this
section--
``(1) In general.--The term `qualified small business
interest' means--
``(A) an interest as a proprietor in a small-
business concern which is a trade or business carried
on as a proprietorship, or
``(B) an interest as a partner in a small-business
concern which is a partnership, or stock in a small-
business concern which is a corporation, carrying on a
trade or business, if more than 50 percent of such
partnership or corporation (by vote or value) is owned
by the decedent.
``(2) Small-business concern.--For purposes of this
subsection, the term `small-business concern' has the meaning
given such term in section 3(a)(1) of the Small Business Act.
``(3) Indirect ownership.--For purposes of determining
ownership under paragraph (1), the rules of section 318 shall
apply.
``(4) Limitation to small-business concerns in united
states.--The term `qualified small business interest' shall not
include any interest in a small-business concern the principal
place of business of which is not in the United States or its
possessions.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:
``Sec. 2047. Exclusion of qualified small
business interests.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 202. EXCLUSION OF 401(k) PLANS FROM TOP-HEAVY RULES.
(a) In General.--Paragraph (4) of section 416(g) of the Internal
Revenue Code of 1986 (relating to special rules for top-heavy plans) is
amended by adding at the end the following new subparagraph:
``(H) 401(k) plans.--The term `top heavy plan'
shall not include a qualified cash or deferred
arrangement, as defined in section 401(k).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years ending after the date of the enactment of this Act.
SEC. 203. NO DISQUALIFICATION BY REASON OF GOOD FAITH ADMINISTRATIVE
ERROR.
(a) In General.--Section 401 of the Internal Revenue Code of 1986
(relating to qualified pension, profit-sharing, and stock bonus plans)
is amended by redesignating subsection (o) as subsection (p) and by
inserting after subsection (n) the following new subsection:
``(o) No Disqualification By Reason of Good Faith Administrative
Error.--
``(1) In general.--A trust shall not be disqualified for
purposes of this part by reason of a good faith administrative
error which is--
``(A) de minimis, or
``(B) inadvertent,
if such error is corrected within a reasonable period of time
after the employer is notified (by the Secretary or by any
other person) of the error.
``(2) Inadvertent.--For purposes of paragraph (1), an error
shall be treated as inadvertent if made without knowledge or
reason to know of the error.''
(b) Report on Definitions.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Treasury shall
submit to the Congress a report setting forth the proposed
interpretation by the Secretary of the terms ``good faith
administrative error'' and ``de minimis'' for purposes of subsection
(o) of section 401 of the Internal Revenue Code of 1986, as added by
this section.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to plan years ending after the date of the enactment of this Act. | TABLE OF CONTENTS:
Title I: Labor Provisions
Title II: Tax Provisions
Small Business Emancipation Act of 1996 -
Title I: Labor Provisions
- States that the "regular rate" at which a small business employee (SBE) is employed shall not include sums paid under a performance plan as a reward for meeting or exceeding productivity, quality, efficiency, or sales goals.
Authorizes an SBE to receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours off for each hour of employment for which overtime compensation would have been paid. Limits the annual accrual of compensatory time to 240 hours. Provides for the payment of unused compensatory time upon termination.
(Sec. 103) Authorizes a small business employer to establish compressed and flexible work schedules.
(Sec. 104) States that a small business shall not be required to disclose to any regulatory agency any information obtained through a voluntary internal audit.
(Sec. 105) Exempts laborers or mechanics employed by a small business from the provisions of the Davis-Bacon Act.
(Sec. 106) Amends the Occupational Safety and Health Act (the Act) to: (1) direct the Secretary of Labor, in establishing occupational safety and health (OSH) standards, to consider the relationship between the costs and benefits of a standard and its effect on small businesses; (2) authorize the Secretary to waive up to 100 percent of an OSH violation penalty to be paid by a small business to the extent that the employer uses the amount to correct the violation; and (3) provide that an employee participation committee formed to attempt to reduce the number of OSH hazards shall not be considered a "labor organization" for purposes of specified labor representation provisions.
Directs the Secretary to: (1) establish and implement a program to provide technical assistance and consultative services for small business employers and employees concerning worksite OSH and compliance with the Act; (2) establish an award to be periodically made to small businesses which have implemented effective approaches to addressing OSH in the workplace; and (3) prepare and submit to the President and the Congress a report on the progress, findings, and conclusions of activities conducted under this section, along with recommendations for modifications.
(Sec. 107) Prohibits a small business employer from granting preferential treatment to any individual or group on the basis of race, color, religion, sex, or national origin.
Title II: Tax Provisions
- Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of a qualified small business interest of a decedent; (2) exclude a qualified cash or deferred arrangement from the definition of a "top heavy plan"; and (3) provide that a trust shall not be disqualified from consideration as a qualified pension, profit-sharing, or stock-bonus plan by reason of a good faith administrative error. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-End Computing Revitalization
Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) high-end computing is a critical component of the
scientific advances, defense capabilities, and commercial
competitiveness of the United States in the 21st century;
(2) with the deployment of the Earth System Simulator in
Japan, the United States no longer has a clear lead in high-end
computing worldwide;
(3)(A) promising new architectures should be developed that
increase memory and network bandwidth, minimize latency, and
coordinate the architectures' various components to maximize
application performance; and
(B) it is recognized that different architectures may be
better suited to different applications;
(4)(A) software that improves efficiency on and
accessibility to high-end systems should be developed; and
(B) this development effort should include research in
optimal algorithms, programming environments, tools, languages,
and operating systems for high-end computing, in collaboration
with architecture development efforts;
(5) without government support, market forces are unlikely
to drive sufficient innovation in high-end computing, because
the private sector would not capture the full value of its
innovations on a short enough time frame; and
(6) having played an important role in the development of
high-end computing, networking, and information technology, the
Department of Energy, and the research programs of the Office
of Science of the Department, are particularly qualified to
lead research in those fields.
SEC. 3. DEFINITIONS.
In this Act:
(1) High-end computing system.--
(A) In general.--The term ``high-end computing
system'' means a computing system with performance that
substantially exceeds commonly available systems.
(B) Inclusions.--The term ``high-end computing
system'' includes a system described in subparagraph
(A) that is based on a variety of architectures,
including vector, reconfigurable logic, streaming,
processor-in-memory, and multithreading architectures.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Director of the Office of Science
of the Department of Energy.
(4) Ultrascale scientific computing capability.--The term
``ultrascale scientific computing capability'' means a
computing capability supporting open scientific research in the
United States that is at least 100 times such computing
capability in existence on the date of enactment of this Act.
SEC. 4. HIGH-END COMPUTING SYSTEMS PROGRAM.
(a) In General.--In addition to any other authority provided by
law, the Secretary shall carry out a program of research and
development (involving software and hardware) to advance high-end
computing systems.
(b) Duties.--In carrying out the program, the Secretary shall--
(1) support both individual investigators and
multidisciplinary teams of investigators;
(2) conduct research in multiple architectures, including
vector, reconfigurable logic, streaming, processor-in-memory,
and multithreading architectures;
(3) conduct research in software development on optimal
algorithms, programming environments, tools, languages, and
operating systems for high-end computing systems, in
collaboration with architecture development efforts;
(4) in accordance with subsection (c), develop, plan,
construct, acquire, or operate equipment or facilities for the
use of investigators conducting research and development on an
ultrascale scientific computing capability;
(5) support technology transfer to the private sector and
others in accordance with applicable law; and
(6) ensure that the program is coordinated with relevant
activities in industry and other Federal agencies, including
the National Nuclear Security Administration, the National
Science Foundation, the Defense Advanced Research Projects
Agency, and the National Security Agency.
(c) Ultrascale Scientific Computing Capability.--
(1) In general.--As part of the program carried out under
this Act, the Secretary shall develop, plan, construct,
acquire, or operate a coordinated set of facilities for
investigators to develop an ultrascale scientific computing
capability for--
(A) scientific research and development using high-
end computing systems; and
(B) developing potential advancements in high-end
computing system architecture and software.
(2) Administration.--In carrying out this subsection, the
Secretary shall--
(A) support multiple high-end computing system
architectures; and
(B) conduct research on the basis of proposals
(including proposals that are submitted by industry,
institutions of higher education, national
laboratories, or any Federal agency) for research on
problems that would particularly benefit from large
computing power, even as the reliability of new
hardware and software components are being evaluated.
(d) High-End Software Development Center.--
(1) In general.--As part of the program carried out under
this Act, the Secretary shall develop, plan, construct,
acquire, or operate at least 1 High-End Software Development
Center.
(2) Duties.--A Center shall concentrate efforts to develop,
test, maintain, and support optimal algorithms, programming
environments, tools, languages, and operating systems for high-
end computing systems.
(3) Staff.--A Center shall include--
(A) a regular research staff, to create a
centralized knowledge-base for high-end software
development; and
(B) a rotating staff of researchers from other
institutions and industry to assist in the coordination
of research efforts and promote technology transfer to
the private sector.
(4) Use of expertise.--The Secretary shall use the
expertise of a Center to assess research and development in
high-end computing system architecture.
(5) Location.--The location of a Center shall be determined
by a competitive proposal process administered by the
Secretary.
(e) Peer Review.--Each grant, contract, cooperative agreement, and
financial assistance awarded under this section shall be made only
after independent peer review.
(f) Classified Research or Facilities.--No funds under this section
may be used to directly support classified research or facilities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts made available for high-end
computing systems under other provisions of law, there are authorized
to be appropriated to the Secretary to carry out this Act--
(1) $150,000,000 for fiscal year 2005;
(2) $155,000,000 for fiscal year 2006;
(3) $160,000,000 for fiscal year 2007;
(4) $165,000,000 for fiscal year 2008; and
(5) $170,000,000 for fiscal year 2009.
(b) Ultrascale Scientific Computing Capability.--Of the funds made
available under subsection (a), $100,000,000 is authorized to be
appropriated for each fiscal year to carry out section 4(c).
(c) High-End Software Development Center.--Of the funds made
available under subsection (a), $10,000,000 is authorized to be
appropriated for each fiscal year to carry out section 4(d). | High-End Computing Revitalization Act of 2004 - Instructs the Secretary of Energy to implement a research and development program to advance high-end computing systems, including establishment of a coordinated set of facilities for investigators to develop ultrascale scientific computing capability for: (1) scientific research and development using high-end computing systems; and (2) development of potential advancements in high-end computing system architecture and software.
Requires such program to include establishment of at least one High-End Software Development Center. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Colleges and Universities
Faculty Loan Forgiveness Act''.
SEC. 2. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN
TRIBAL COLLEGES OR UNIVERSITIES.
(a) Perkins Loans.--
(1) Amendment.--Section 465(a) of the Higher Education Act
of 1965 (20 U.S.C. 1087ee(a)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (H), by striking ``or''
after the semicolon;
(ii) in subparagraph (I), by striking the
period and inserting ``; or''; and
(iii) by adding at the end the following:
``(J) as a full-time faculty member at a Tribal College or
University as defined in section 316(b).''; and
(B) in paragraph (3)(A)(i), by striking ``or (I)''
and inserting ``(I), or (J)''.
(2) Effective date.--The amendments made by paragraph (1)
shall be effective for service performed during academic year
2005-2006 and succeeding academic years, notwithstanding any
contrary provision of the promissory note under which a loan
under part E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087aa et seq.) was made.
(b) FFEL and Direct Loans.--Part G of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at
the end the following:
``SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH
IN TRIBAL COLLEGES OR UNIVERSITIES.
``(a) Program Authorized.--The Secretary shall carry out a program,
through the holder of a loan, of assuming or canceling the obligation
to repay a qualified loan amount, in accordance with subsection (b),
for any new borrower on or after the date of enactment of the Tribal
Colleges and Universities Faculty Loan Forgiveness Act, who--
``(1) has been employed as a full-time faculty member at a
Tribal College or University as defined in section 316(b); and
``(2) is not in default on a loan for which the borrower
seeks repayment or cancellation.
``(b) Qualified Loan Amounts.--
``(1) Percentages.--Subject to paragraph (2), the Secretary
shall assume or cancel the obligation to repay under this
section--
``(A) 15 percent of the amount of all loans made,
insured, or guaranteed after the date of enactment of
the Tribal Colleges and Universities Faculty Loan
Forgiveness Act to a student under part B or D, for the
first or second year of employment described in
subsection (a)(1);
``(B) 20 percent of such total amount, for the
third or fourth year of such employment; and
``(C) 30 percent of such total amount, for the
fifth year of such employment.
``(2) Maximum.--The Secretary shall not repay or cancel
under this section more than $15,000 in the aggregate of loans
made, insured, or guaranteed under parts B and D for any
student.
``(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a loan made, insured, or
guaranteed under part B or D for a borrower who meets the
requirements of subsection (a), as determined in accordance
with regulations prescribed by the Secretary.
``(c) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(d) Effect on Section.--Nothing in this section shall be
construed to authorize any refunding of any repayment of a loan.
``(e) Prevention of Double Benefits.--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.).
``(f) Definition.--For purposes of this section, the term `year',
when applied to employment as a faculty member, means an academic year
as defined by the Secretary.''.
SEC. 3. LOAN REPAYMENT FOR NURSING INSTRUCTORS AT TRIBAL COLLEGES OR
UNIVERSITIES.
Section 846(a)(3) of the Public Health Service Act (42 U.S.C.
297n(a)(3)) is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)'';
(2) by inserting ``or'' after the semicolon; and
(3) by adding at the end the following:
``(B) who is a nursing instructor at a tribally controlled
college or university (as such term is defined in section 2 of
the Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1801), or any institution listed in section 532
of the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note));''.
SEC. 4. AMOUNTS FORGIVEN NOT TREATED AS GROSS INCOME.
The amount of any loan that is assumed or canceled under an
amendment made by this Act shall not, consistent with section 108(f) of
the Internal Revenue Code of 1986, be treated as gross income for
Federal income tax purposes. | Tribal Colleges and Universities Faculty Loan Forgiveness Act - Amends the Higher Education Act of 1965 to provide for the cancellation of a specified percentage of the total amount of any Federal Perkins loan, Federal Family Education loan, or direct student loan for each year of employment (up to five) as a full-time faculty member at a tribal college or university if the borrower is not in default on such loan.
Requires the Secretary to assume or cancel the obligation to repay: (1) 15% of the amount of all such loans made, insured, or guaranteed after enactment of this Act to a student for the first or second year of employment; (2) 20% for the third or fourth year of such employment; and (3) 30% for the fifth year.
Limits the total amount of loan repayment or cancellation per student to $15,000. Allows for repayment or cancellation of consolidation loans only to the extent of the qualified student loans involved.
Prohibits a borrower from receiving, for the same service, both a benefit from this Act and a benefit from the National Community Service Act of 1990.
Amends the Public Health Service Act to provide for repayment by the Secretary of Health and Human Services of educational loans for nurse training costs on behalf of nursing instructors at tribal colleges or universities, or any land-grant institution listed in the Equity in Educational Land-Grant Status Act of 1994.
Provides that the amount of any loan forgiven under this Act shall not be treated as gross income for federal tax purposes. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefit Rating Acceleration for
Veteran Entitlements Act of 2007''.
SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED
AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS
DISABILITY FOR PURPOSES OF TITLE II OF THE SOCIAL
SECURITY ACT .
(a) Disability for Purposes of Entitlement to Disability Insurance
Benefits and Other Benefits Based on Disability.--
(1) In general.--Section 223(d) of the Social Security Act
(42 U.S.C. 423(d)) is amended by adding at the end the
following new paragraph:
``(7)(A) Notwithstanding the preceding provisions of this
subsection, any individual who has a service-connected disability rated
by the Secretary of Veterans Affairs as total for purposes of benefits
under chapter 11 of title 38, United States Code, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of the preceding paragraphs of this subsection) for each
month--
``(i) beginning with the month during which such
certification is presented to the Commissioner, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines, subject to subparagraph (C), that such
individual is able to engage in substantial gainful
activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled for purposes of benefits under chapter 11 of
title 38, United States Code, and with respect to whom a certification
has been made to the Commissioner pursuant to subparagraph (A) that
such individual has ceased to be so disabled, such Secretary shall
promptly certify to the Commissioner such Secretary's determination
that such individual has ceased to be so disabled.
``(C) Any determination by the Commissioner under subparagraph
(A)(ii)(II) shall be made on the basis of evidence of earnings, without
consideration of any evidence of medical recovery.
``(D) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of the preceding paragraphs of this subsection).
``(E) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph.''.
(2) Other benefits based on disability.--
(A) Child's insurance benefits.--Section 202(d)(1)
of such Act (42 U.S.C. 402(d)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(B) Widow's insurance benefits.--Section 202(e)(1)
of such Act (42 U.S.C. 402(e)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(C) Widower's insurance benefits.--Section
202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended
by adding at the end the following new sentence:
``Under regulations of the Commissioner of Social
Security, the provisions of section 223(d)(7) shall
apply with respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(b) Determinations of Periods of Disability.--Section 216(i) of
such Act (42 U.S.C. 416(i)) is amended by adding at the end the
following new paragraph:
``(3)(A) Notwithstanding paragraphs (1) and (2), any individual who
has a service-connected disability rated by the Secretary of Veterans
Affairs as total for purposes of benefits under chapter 11 of title 38,
United States Code, and presents written certification of such rating
determination to the Commissioner of Social Security shall be deemed to
be under a disability (within the meaning of paragraph (1)) for each
month--
``(i) beginning with the month during which such
certification is presented to the Commissioner, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines, subject to subparagraph (C), that such
individual is able to engage in substantial gainful
activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled for purposes of benefits under chapter 11 of
title 38, United States Code, and with respect to whom a certification
has been made to the Commissioner pursuant to subparagraph (A) that
such individual has ceased to be so disabled, such Secretary shall
promptly certify to the Commissioner such Secretary's determination
that such individual has ceased to be so disabled.
``(C) Any determination by the Commissioner under subparagraph
(A)(ii)(II) shall be made on the basis of evidence of earnings, without
consideration of any evidence of medical recovery.
``(D) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of paragraph (1)).
``(E) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph.''.
SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY THE
SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES
OF TITLE XVI OF THE SOCIAL SECURITY ACT.
Section 1614(a)(3) of the Social Security Act (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the following:
``(K) In making determinations with respect to
disability under this title, the provisions of section
223(d)(7) shall apply in the same manner as they apply
to determinations of disability under title II.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
determinations of disability in connection with applications for
benefits or periods of disability filed or pending on or after the date
of the enactment of this Act. | Benefit Rating Acceleration for Veteran Entitlements Act of 2007 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected total disability, as rated and certified by the Secretary of Veterans Affairs.
Applies the same treatment to related child's insurance and widow's and widower's insurance benefits. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Minimum Tax Repeal Act
of 2001''.
SEC. 2. PHASEOUT OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS.
(a) Repeal in 2011.--Subsection (a) of section 55 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
flush sentence:
``For purposes of this title, the tentative minimum tax on any taxpayer
other than a corporation for any taxable year beginning after December
31, 2010, shall be zero.''.
(b) Reduction of Tax on Individuals Prior to Repeal.--
(1) Immediate increase in exemption amounts.--Paragraph (1)
of section 55(d) of such Code is amended--
(A) by striking ``$45,000'' and inserting
``$52,000'',
(B) by striking ``$33,750'' and inserting
``$38,000'', and
(C) by striking ``$22,500'' and inserting ``\1/2\
the amount applicable under subparagraph (A)''.
(2) Additional increases in exemption amounts; repeal of
phase-out of exemption amounts.--Paragraph (3) of section 55(d)
of such Code is amended to read as follows:
``(3) Increases in exemption amounts for taxpayers other
than corporations.--
``(A) In general.--The exemption amounts under
paragraph (1) for taxable years beginning in any
calendar year after 2001 shall be determined by
increasing the dollar amounts contained in
subparagraphs (A) and (B) of paragraph (1) by the
applicable percentage for such calendar year of such
dollar amounts.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For calendar year--
The applicable
percentage is--
2002................................... 10
2003................................... 20
2004................................... 30
2005................................... 40
2006................................... 50
2007................................... 60
2008................................... 70
2009................................... 80
2010................................... 90.
``(C) Rounding.--If any amount, as increased under
subparagraph (A) is not a multiple of $5, such amount
shall be increased to the nearest multiple of $5.''
(c) Nonrefundable Personal Credits Fully Allowed Against Regular
Tax Liability.--
(1) In general.--Subsection (a) of section 26 of such Code
(relating to limitation based on amount of tax) is amended to
read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''
(2) Repeal of reduction of refundable tax credits.--
(A) Subsection (d) of section 24 of such Code is
amended by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(B) Section 32 of such Code is amended by striking
subsection (h).
(3) Conforming amendment.--Section 904 of such Code is
amended by striking subsection (h).
(d) Limitation on Use of Credit for Prior Year Minimum Tax
Liability.--Subsection (c) of section 53 of such Code is amended to
read as follows:
``(c) Limitation.--
``(1) In general.--Except as otherwise provided in this
subsection, the credit allowable under subsection (a) for any
taxable year shall not exceed the excess (if any) of--
``(A) the regular tax liability of the taxpayer for
such taxable year reduced by the sum of the credits
allowable under subparts A, B, D, E, and F of this
part, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Taxable years beginning after 2010.--In the case of
any taxable year beginning after 2010, the credit allowable
under subsection (a) to a taxpayer other than a corporation for
any taxable year shall not exceed 90 percent of the excess (if
any) of--
``(A) regular tax liability of the taxpayer for
such taxable year, over
``(B) the sum of the credits allowable under
subparts A, B, D, E, and F of this part.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Alternative Minimum Tax Repeal Act of 2001 - Amends the alternative minimum tax provisions of the Internal Revenue Code to: (1) state that the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero; and (2) provide for reductions in such tax until such time. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Communities Act of 2009''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Landscaping adds to the economic value and sales appeal
of commercial real estate and increases office occupancy rates.
(2) Greening can change people's perceptions of their
neighborhoods, reduce violence and crime, and increase
neighborhood stability.
(3) Planting new trees, improving streetscapes, and
cleaning vacant lots increases property values.
(4) People will stay longer and shop more in shopping
districts that are well landscaped.
(5) Improvements to neighborhood parks increase the value
of single-family homes in the surrounding community.
(6) Homes adjacent to vacant lots that are greened have a
much higher property value than homes adjacent to vacant lots
that have not been greened.
(b) Purposes.--The purposes of this Act are as follows:
(1) To promote investment in greening projects and programs
as effective economic development tools.
(2) To connect urban economic development initiatives with
environmental initiatives.
(3) To improve quality of life for city residents.
(4) To encourage public-private partnerships.
SEC. 3. DEFINITIONS.
In this Act:
(1) Community greening initiative.--The term ``community
greening initiative'' means a program that increases economic
development by improving the environment. A community greening
initiative may include the following:
(A) Revitalizing municipal parks and public spaces.
(B) Landscaping community gateways and key
corridors.
(C) Tree plantings and urban forestry projects.
(D) Comprehensive planning for open space
preservation.
(E) Education, training, and volunteer management
concerning community green initiatives.
(F) Green roof construction.
(G) Green stormwater infrastructure.
(H) Vacant lot management.
(2) Green roof.--The term ``green roof'' means a roof
consisting of vegetation and soil or a growing medium planted
over a waterproofing membrane.
(3) Green stormwater infrastructure.--The term ``green
stormwater infrastructure'' means systems and practices that
use or mimic natural processes to infiltrate, evapotranspirate,
or reuse stormwater on the site where it occurs rather than
transporting the water to a stream or treatment facility.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) Urban forestry.--The term ``urban forestry'' means an
integrated citywide or neighborhood-wide approach to the
planting, care, and management of trees in the city or the
neighborhood in order to ensure environmental and social
benefits for residents.
SEC. 4. GRANTS FOR COMMUNITY GREENING INITIATIVES.
(a) Grants.--
(1) In general.--To the extent that funds are available,
the Secretary shall, acting through the Assistant Secretary of
Commerce for Economic Development, award grants to eligible
municipalities to carry out community greening initiatives.
(2) Grant amount.--The Secretary may not award a grant
under this section in an amount that exceeds $2,000,000.
(b) Eligible Municipalities.--For purposes of this section, an
eligible municipality is any municipality that meets--
(1) the criteria described by section 209(b) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149(b));
and
(2) the circumstances described by section 209(c) of such
Act (42 U.S.C. 3149(c)).
(c) Selection of Grant Recipients.--
(1) Application.--An eligible municipality seeking a grant
under this section for a community greening initiative shall
submit to the Secretary an application therefor in such form
and in such manner as the Secretary considers appropriate.
(2) Selection.--The Secretary shall, in consultation with
the nonprofit organizations that receive a grant or enter into
a contract with the Secretary under section 5(a), select to
receive grants under this section 80 eligible municipalities
that have successfully developed and planned a community
greening initiative, as determined by the Secretary.
(3) Limitation.--The Secretary may not award a grant under
this section to an eligible municipality for a community
greening initiative that the Secretary determines will require
more than 2 years to complete.
(d) Use of Grant Funds.--Each eligible municipality receiving a
grant under this section shall, with technical assistance and training
provided under section 5(c), use the grant to carry out the community
greening initiative for which the grant is received.
(e) Matching Requirement.--An eligible municipality seeking a grant
under this section for a community greening initiative shall agree to
make available non-Federal funds to carry out the community greening
initiative in an amount equal to not less than 50 percent of the grant
awarded to such eligible municipality under this section.
(f) Report.--Not later than 60 days after an eligible municipality
that receives a grant under this section for a community greening
initiative completes such initiative, the eligible nonprofit
organization that assisted such municipality with such initiative under
subsection (d) shall submit to the Secretary a report assessing the
implementation of such initiative.
SEC. 5. TECHNICAL ASSISTANCE AND TRAINING FOR MUNICIPALITIES.
(a) Grants or Contracts.--
(1) In general.--To the extent that funds are available,
the Secretary shall award grants to, or enter into contracts
with, 5 eligible nonprofit organizations to provide technical
assistance and training to municipalities that receive grants
under section 4.
(2) Duration.--A grant or contract under paragraph (1)
shall be for a period of 5 years.
(b) Eligible Nonprofit Organization.--For purposes of this section,
an eligible nonprofit organization is any nonprofit organization that
has experience with the following:
(1) Planning and implementing projects concerning urban
open space, landscape management, and community greening
initiatives.
(2) Land and water conservation.
(3) Working with communities.
(4) Forming partnerships or regional consortiums.
(5) Urban ecology.
(6) Such other experience as the Secretary considers
appropriate.
(c) Technical Assistance and Training.--
(1) In general.--Each eligible nonprofit organization
receiving a grant or entering into a contract under subsection
(a) shall provide technical assistance and training to
municipalities receiving grants under section 4 to assist such
municipalities in carrying out the community greening
initiatives for which such grants were awarded.
(2) Activities.--Technical assistance and training under
paragraph (1) may include the following:
(A) Developing, planning, implementing, and
assessing community greening initiatives.
(B) Developing and implementing training and
workshops for municipal agencies and local partners.
(C) Evaluating a community greening initiative.
(d) Report.--Not later than 90 days after the end of each fiscal
year for which amounts are made available for grants under this
section, the Secretary shall submit to Congress a report on the
technical assistance and training provided under this section. Each
report shall describe the actions taken by the Secretary to ensure that
technical assistance and training provided under this section is
responsive to the needs of municipalities that receive grants under
section 4.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $30,000,000 for each of fiscal years 2010, 2013, and
2014; and
(2) $90,000,000 for each of fiscal years 2011 and 2012.
(b) Reservation of Funds.--
(1) Grants for community greening initiatives.--Not less
than 66 percent of the amounts made available to carry out this
Act for each of fiscal years 2011 and 2012 shall be made
available for the awarding of grants under section 4.
(2) Technical assistance and training.--Of the amounts made
available to carry out this Act, amounts shall be made
available for technical assistance and training under section 5
as follows:
(A) For each of fiscal years 2010, 2013, and 2014,
85 percent of such amounts.
(B) For each of fiscal years 2011 and 2013, 28
percent of such amounts.
(c) Availability.--Funds made available under this Act shall remain
available until expended. | Green Communities Act of 2009 [sic] - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Economic Development, to make grants to eligible municipalities to carry out community greening initiatives. Defines such an initiative as a program that increases economic development by improving the environment and that may include: (1) revitalizing municipal parks and public spaces; (2) landscaping community gateways and key corridors; (3) tree plantings and urban forestry projects; (4) comprehensive planning for open space preservation; (5) education, training, and volunteer management concerning community green initiatives; (6) green roof construction; (7) green stormwater infrastructure; and (8) vacant lot management. Defines an "eligible municipality" as a municipality that meets criteria for an economic adjustment grant under the Public Works and Economic Development Act of 1965.
Directs the Secretary to select 80 eligible municipalities to receive grants. Requires an eligible municipality seeking a grant to agree to make available nonfederal funds to carry out the initiative in an amount equal to not less than 50% of the grant awarded.
Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to municipalities receiving grants. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Kids from Day One Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Preschool years are a critical time for determining
whether or not an individual will develop obesity later in
life.
(2) The Journal of Clinical Pediatrics reports that the
``tipping point'' in obesity often occurs before 2 years of
age, and sometimes as early as 3 months, when the child is
learning how much and what to eat.
(3) Aerobic fitness and healthy eating patterns support
enhanced behavioral, emotional, and academic performance in
school.
(4) More than 21 percent of preschool children are
overweight or obese.
(5) A 2009 preschool study found that 89 percent of a
preschooler's day is sedentary.
(6) The amount of time children spend outdoors is dwindling
rapidly, as evidenced by studies showing that children enjoy
half the outdoor time they did just 20 years ago. Meanwhile,
children are spending nearly 8 hours per day in front of
electronic media.
(7) Studies indicate that children who are overweight at
age 5 are more likely to be more overweight at age 9.
(8) Rates of obesity are higher for African-American,
Latino, Native American, and Native Alaskan children than the
overall population of the children in the United States.
(9) Children who are obese have a greater likelihood of
being obese in adulthood and developing heart disease,
diabetes, and other chronic conditions.
(10) In 2005, 61 percent of children from birth through age
6 who were not yet in kindergarten (about 12,000,000 children)
received some form of child care on a regular basis from
persons other than their parents.
(11) A 2008 survey by the National Association of Child
Care Resource and Referral Agencies reported that 93 percent of
parents thought existing health and safety standards for child
care should be improved.
(12) Child care centers, family child care homes, and other
early learning environments should serve as settings where
children adopt healthy eating habits and have opportunities for
age appropriate physical activity.
(13) Age-appropriate physical activity in the outdoors, in
particular, can produce immense physical, mental and emotional
health benefits, including addressing childhood obesity,
decreasing symptoms of attention deficit and hyperactivity
disorder, improving motor skills, stimulating brain
development, increasing creativity and quality sleep, and
reducing the risk of developing myopia.
(14) The governmental, nonprofit, and private sectors came
together to launch Let's Move Child Care, a voluntary effort to
work with child care providers to help children get off to a
healthy start through healthy eating, physical activity, and
screen time reduction strategies. Learning collaboratives that
build upon these key elements will assist providers and parents
in giving children the foundation they need for a healthy life.
(b) Purposes.--It is the purpose of this Act to--
(1) establish a 3-year pilot program in 5 States
representing a diversity of rural and urban environments that
will support child care collaboratives designed to reduce the
prevalence of overweight/obesity among children from birth to
age 5 in child care settings through dissemination of available
tools and curricula and implementation of emerging best
practices;
(2) enhance the focus of child care centers and family
child care homes serving the population of children from birth
to age 5 on the healthy development of children through
evidence-based or data-informed policies and practices to
improve healthy eating, physical activity, and screen time
limits; and
(3) upon completion of the 3-year period, terminate the
pilot program and disseminate the best practices and lessons
learned from the pilot program through other systems, programs,
or partnerships.
SEC. 3. HEALTHY KIDS PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--HEALTHY KIDS PROGRAM
``SEC. 399OO. DEFINITIONS.
``In this part:
``(1) Child care center.--The term `child care center'
means a center licensed or otherwise authorized to provide
child care and services for fewer than 24 hours per day per
child in a non-residential setting, unless care in excess of 24
hours is due to the nature of the parents' work.
``(2) Early learning council.--The term `early learning
council' means an early childhood assembly that is established
to advise governors, State legislators, or State agency
administrators on how best to meet the needs of young children
and their families specifically through improvement of programs
and services.
``(3) Family child care home.--The term `family child care
home' means a private family home where home-based child care
is provided for a portion of the day, unless care in excess of
24 hours is due to the nature of the parents' work, and that is
certified, registered, or licensed in the State in which it is
located.
``(4) Screen time limits.--The term `screen time limits'
means policies or guidelines, such as those developed by the
American Academy of Pediatrics, designed to reduce the daily
amount of time that children spend watching or looking at
digital monitors or displays, including television sets,
computer monitors, or hand-held gaming devices.
``(5) State.--Notwithstanding section 2(f), the term
`State' means--
``(A) each of the several States;
``(B) the District of Columbia;
``(C) an Indian tribe or tribal organization;
``(D) the Commonwealth of Puerto Rico; and
``(E) any other territory or possession of the
United States.
``SEC. 399OO-1. GRANTS.
``(a) In General.--
``(1) In general.--The Secretary, in consultation with
appropriate entities within the Department of Health and Human
Services, shall award 3-year competitive grants to 5 eligible
entities to help reduce and prevent obesity among the
population of children from birth to age 5 in a State and to
encourage parental engagement in child care settings outside a
child's place of residence.
``(2) Eligible entities.--To be an eligible entity under
paragraph (1), an entity shall be--
``(A) a State health department (or other
appropriate child care licensing entities within such
State); or
``(B) a nonprofit organization or a partnership of
nonprofit organizations with expertise in the healthy
development of children.
``(b) Use of Funds.--
``(1) In general.--Grantees shall use amounts received
under a grant under this subsection--
``(A)(i) to establish one or more child care
collaboratives consisting of the center director and
staff members from multiple child care sites and family
child care homes;
``(ii) in the case of a State grantee, to contract
with a nonprofit organization in the State with
expertise in the healthy development of children to
establish the collaborative or collaboratives; or
``(iii) to provide funding to an entity that
routinely trains child care providers to establish the
collaborative or collaboratives; and
``(B) to provide or contract with the organizer of
the collaborative or collaboratives to provide--
``(i) technical assistance, including
onsite assistance when appropriate, to the
child care providers participating in the
collaborative;
``(ii) a compilation of best practices,
strategies, and lessons learned from the
collaborative, to be reported annually to the
Secretary; and
``(iii) a plan to ensure that the
collaborative will be sustainable, without
additional Federal funding, upon the conclusion
of the 3-year pilot program.
``(2) Collaboratives.--Each collaborative established under
clause (i), (ii), or (iii) of paragraph (1)(A) shall share best
practices, strategies, and techniques for successfully
implementing evidence-based or data-informed policies and
practices relating to healthy eating, physical activity,
parental engagement, and other topics, such as breastfeeding,
relating to the healthy development of children, using
available curricula, tools, and other interventions.
``(3) Content of plan.--The plan described under paragraph
(1)(B)(iii) may include the incorporation of the best
practices, strategies, and techniques described in paragraph
(2) into the training and professional development for child
care providers in the State or other approaches determined
appropriate by the State and the Secretary.
``(c) Collaborative Training Requirements.--
``(1) In general.--Collaboratives shall incorporate no less
than 5 and no more than 10 daylong, interactive training
sessions each year and ongoing technical assistance to the
child care providers participating in the collaborative that
include--
``(A) the provision and discussion of information
concerning implementation by the child care providers
of age-appropriate healthy eating and physical activity
interventions, using available tools and culturally
competent curricula for population of children from
birth to age 5 in the State involved, which at a
minimum shall include--
``(i) a handbook that includes
recommendations, guidelines, and best practices
for child care centers and family child care
homes relating to healthy eating, physical
activity, and screen time reduction;
``(ii) information about the availability
of and services provided by child care health
consultants; and
``(iii) health and wellness resources
available through the Child Care Bureau, the
Maternal and Child Health Bureau, Let's Move
Child Care, and the Food and Nutrition Service
of the Department of Agriculture;
``(B) the identification, improvement upon, and
expansion of nutrition and physical activity best
practices targeted to the population of children from
birth to age 5 in the State involved and the
identification of strategies for incorporating parental
education and other parental engagement;
``(C) the identification of strategies and
techniques for overcoming barriers to healthy eating,
physical activity, and parental engagement; and
``(D) the provision of instruction and discussion
of techniques used to appropriately model, direct, and
encourage child care staff behavior to apply the best
practices and strategies identified under subparagraphs
(B) and (C).
``(d) Practice, Curricula, and Policy Changes.--A grantee shall
ensure that the participants involved in the collaborative, on an
ongoing basis--
``(1) implement policy changes that promote healthy eating,
physical activity, and appropriate screen time limits among the
population of children from birth to age 5;
``(2) utilize a culturally competent healthy eating and
physical activity curriculum focusing on such population of
children from birth to age 5;
``(3) implement programs, activities, and procedures for
incorporating parental education and engagement of parents in
programs; and
``(4) implement innovative ways to remove barriers that
exist to providing opportunities for healthy eating and
physical activity.
All activities described in this subsection shall be evidence-based and
data-informed and be consistent with the curriculum presented through
training activities described in subsection (c).
``SEC. 399OO-2. GRANTS FOR THE EVALUATION OF PILOT PROGRAMS.
``The Secretary shall award competitive grants to Prevention
Research Centers, universities, or other appropriate entities to
evaluate the programs carried out with grants under section 399OO-1,
including baseline, process, and outcome measurements.
``SEC. 399OO-3. COORDINATION.
``(a) Interagency Coordination.--To the extent practicable, the
Secretary shall coordinate activities conducted under this part with
activities undertaken by the National Prevention, Health Promotion and
Public Health Council established under section 4001 of the Patient
Protection and Affordable Care Act.
``(b) Pilot Coordination.--The Secretary shall designate an entity
(directly or through contract) to provide technical assistance to
States and pilot centers in the coordination of activities as described
in subsection (a).
``SEC. 399OO-4. TECHNICAL ASSISTANCE, EVALUATION, AND REPORTING.
``(a) Technical Assistance and Information.--The Secretary shall--
``(1) provide technical assistance to grantees and other
entities providing training under a grant under section 399OO-
1; and
``(2) disseminate to grantees information concerning
evidence-based or data-informed approaches, including
dissemination of available tools, curricula, and available or
emerging best practices that can be expanded or improved upon
through the pilot program conducted under section 399OO-1.
``(b) Evaluation Requirements.--With respect to evaluations
conducted under section 399OO-2, the Secretary shall ensure that--
``(1) evaluation metrics are consistent across all programs
funded under this part;
``(2) interim outcomes are measured by the number of
centers that adopt policies to increase healthy eating and
physical activity and reduce screen time;
``(3) interim outcomes are measured, to the extent
practicable, by changes in foods served, opportunities for
physical activity, and screen time in the child care
participants in the collaboratives established under section
399OO-1; and
``(4) upon completion of the pilot program under section
399OO-1, the evaluation shall include an identification of
policies, best practices, and strategies to improve healthy
eating, physical activity, screen time limits, and parental
engagement that could be replicated in other child care
settings.
``(c) Dissemination of Information.--Upon the conclusion of the
pilot program under section 399OO-1, the Secretary shall disseminate to
all appropriate agencies within the Department of Health and Human
Services evidence, strategies, best practices, and lessons learned from
grantees. Such agencies shall encourage the utilization of best
practices through Federal programs and other appropriate methods.
``(d) Report to Congress.--Not later than 180 days after the
completion of the pilot program under section 399OO-1, the Secretary
shall submit to Congress a report concerning the evaluation of the
pilot program, including recommendations as to how lessons learned from
such programs can be incorporated into future guidance documents
developed and provided by the Secretary and other Federal agencies, as
well as Federal programs, as appropriate.
``SEC. 399OO-5. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
$1,500,000 for each of fiscal years 2012, 2013, and 2014.''. | Healthy Kids from Day One Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award three-year competitive grants to five eligible entities to help reduce and prevent obesity among children from birth to age five in a state and to encourage parental engagement in child care settings outside a child's place of residence. Identifies as eligible entities: (1) a state health department or other appropriate child care licensing entities within the state, or (2) a nonprofit organization or a partnership of nonprofit organizations with expertise in the healthy development of children.
Requires grant funds to be used to: (1) establish child care collaboratives; (2) provide funding to entities that routinely train child care providers to establish collaboratives; and (3) provide technical assistance to participating providers, a compilation of best practices, strategies, and lessons learned from the collaborative, and a plan to ensure that the collaborative will be sustainable, without additional federal funding, upon the conclusion of the grants.
Requires each collaborative to: (1) share best practices, strategies, and techniques for successfully implementing policies and practices relating to healthy eating, physical activity, parental engagement, and other topics relating to the healthy development of children; and (2) incorporate between 5 and 10 day-long, interactive training sessions each year and ongoing technical assistance to participating child care providers.
Directs the Secretary to: (1) award grants to Prevention Research Centers, universities, or other appropriate entities to evaluate programs carried out under such grants; (2) coordinate activities conducted under this Act with activities undertaken by the National Prevention, Health Promotion, and Public Health Council; and (3) disseminate to all appropriate HHS agencies evidence, strategies, best practices, and lessons learned from grantees. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners Empowerment and
Protection Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) there are 65,000,000 homeowners in the United States,
representing approximately two-thirds of all households, who
have a strong and justified interest in preserving and
enhancing the value of their property;
(2) the value of a homeowner's home is based in large part
on the location of the property relative to other features of
the built and natural environment, and the increase or decrease
in the value of a home over time is inextricably linked to
changes in the quality of the neighborhood and environment in
which the home is located, including but not limited to the
quality of the water for drinking, fishing, and swimming, the
clarity and healthfulness of the air, the risk of flooding, the
scenic beauty of the community, the presence or absence of
offensive odors and excessive noise, the health and abundance
of wildlife resources, and other factors;
(3) the value of homes in the United States is frequently
reduced, and sometimes destroyed, by certain types of land
development, industrial activity, and other actions that occur
on neighboring properties or at other locations, including
sites upwind, upstream, or upslope from private homes;
(4) protecting private homeowners from the adverse affects
of irresponsible actions of certain entities and individuals
which cause injury to homeowners' property values is important
not only to homeowners but also to their communities and
society as a whole; and
(5) current public information and participation procedures
are often insufficient to provide individual homeowners with
notice of activities and the opportunity to effectively
participate in decisionmaking procedures that have the
potential to significantly affect the value of their homes.
SEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT
COULD REDUCE THE VALUE OF THEIR HOMES.
(a) Notice.--
(1) General requirement.--Within 90 days after the
enactment of this Act, the Director of the Office of Management
and Budget shall establish uniform Federal procedures
applicable to all agencies under this section. In accordance
with such procedures, each agency shall require any person
required to file any application to conduct property impacting
activity with the agency to provide the notice described in
this section. The Director shall designate a lead agency in the
case of any application under this section that involves more
than one agency.
(2) Application to conduct property impacting activity.--
For purposes of this section, the term an ``application to
conduct property impacting activity'' means an application for
a permit, license, or other approval form, or contract, lease,
or other arrangement, with an agency, that would authorize the
applicant, pursuant to Federal law, to conduct an activity that
generates pollutants or produces other adverse impacts with the
potential to reduce the value of any private home.
(3) Homeowners required to receive notice.--The notice
under this section shall be provided by delivery, by certified
mail, of individual written notice to each homeowner whose
property lies within \1/4\ mile of the perimeter of the site at
which the activity that is the subject of the application will
be carried out. The applicant shall also publish notice under
this subsection at least 3 times in the newspapers of general
circulation in the affected community. The agency may also
provide notice under this subsection by mail to the owner of
any home identified by the agency as reasonably likely
to suffer a reduction in value as a result of the proposed activity.
(4) Notice contents.--The notice referred to in paragraph
(2) shall describe the nature of the application to conduct
property impacting activity, the potential impacts of the
proposed activity on the value of private homes, potential
impacts on homeowners and other members of the public, the name
and telephone number of the applicant and an agency
representative assigned to provide further information about
the application, and any opportunities available for homeowner
or other affected members of the public to comment on the
proposed activity.
(b) Public Response; Identification of Alternatives to Reduce
Property Impacts.--In addition to and not in lieu of any other
procedures established by law, each agency shall establish a toll-free
telephone number which homeowners may call to register concerns about
the potential effects on property values of an application for a
proposed activity or to request additional information concerning
applications to conduct property impacting activities filed with the
agency and opportunities to submit public comment. If requested by an
applicant or any homeowner whose property is reasonably likely to
suffer a reduction in value as a result of the activity to be
authorized by such application, the agency shall thoroughly investigate
the potential impact of the proposed activity on the value of private
homes, and seek to identify alternatives to the proposed action which
reduce the adverse effects on the value of private homes.
SEC. 4. HOMEOWNER RIGHT OF ACTION.
(a) Right of Action.--Whenever any person has carried out any
activity that--
(1) is authorized (or required to be authorized) by a
permit, license, or other approval issued by an agency or
pursuant to Federal law to such person, or by a contract,
lease, or other arrangement between such person and an agency,
and
(2) generates pollutants or produces other adverse impacts
that cause or significantly contribute to a total reduction in
the value of one or more private homes of $10,000 or more,
any owner of a private home, the value of which is reduced by such
activity, may commence an action against such person under this
section.
(b) Notice of Intent to Sue and Voluntary Claim Resolution
Procedures.--At least 30 days prior to filing an action under this
section, a homeowner shall deliver a notice of intent to sue to the
defendant and to the head of the agency to which the application to
conduct property impacting activity is submitted or required to be
submitted or which has authority to enter into the contract, lease, or
other arrangement. If either the homeowner or the defendant requests
that the agency resolve the claim, the agency head shall convene a
meeting of the parties and use his or her best efforts to arrive at a
just resolution of the claim in order to avoid unnecessary litigation
costs. Such efforts shall not affect the right of the homeowner to
bring an action under this section at any time after the expiration of
the 30-day period referred to in this subsection.
(c) Burden of Proof.--In any action under this section, the
homeowner shall have the burden of demonstrating that the activity
conducted by the defendant caused or contributed to a reduction in the
value of the homeowner's home.
(d) Class Actions.--Similarly affected homeowners are authorized to
file suit under this section in accordance with rule 23 of the Federal
Rules of Civil Procedure in Federal district court in the district
where his or her home is located.
(e) Remedy.--Any homeowner authorized to bring suit under this
section shall be entitled to recover an amount equal to the reduction
in the value of the homeowner's home caused or significantly
contributed to by the activity referred to in subsection (a), except
that such compensation may not exceed the median value (as determined
by the court) of all private homes in the immediate vicinity of the
homeowner's home.
(f) Attorneys Fees.--Any homeowner who receives compensation under
this section shall be awarded reasonable attorney's fees, including the
cost of expert witnesses and other reasonable costs.
(g) Injunction.--In addition to providing compensation under this
section, whenever any activity that is the subject of an action under
this section constitutes a violation of any Federal statute,
regulation, permit, license, contract, lease, or other arrangement or
form of approval, the court may enjoin such activity.
(h) Jurisdiction.--The United States district court shall have
original jurisdiction, concurrent with State courts, of any action
brought under this section.
(i) Frivolous or Otherwise Improper Lawsuits.--If the court
dismisses any action under this section after finding that the
plaintiff's case was frivolous, dilatory, abusive, or brought to harass
the defendant or for any other improper purpose, in addition to any
other sanction available to the court under the Federal Rules of Civil
Procedure, the court may, upon motion by the defendant, order the
plaintiff to pay the defendant's reasonable attorney's fees and other
expenses reasonably incurred by the defendant in participating in the
litigation.
(j) Statute of Limitations.--No action may be brought under this
section with respect to any private home or homes after the date 5
years after the date on which the total reduction in the value of such
home or homes has reached $10,000.
(k) Savings Provisions.--
(1) Prohibition of limitation on other claims.--No
provision of this Act shall be construed to limit the rights of
any person to pursue any claim or cause of action under the
Constitution or any other law (including a claim or cause of
action concerning real or personal property).
(2) Prohibition of use as condition precedent.--
Commencement of a suit under this Act, or receipt of
compensation under this Act, shall not be a condition precedent
for any claim or cause of action under any other authority of
law.
SEC. 5. EFFECTIVE DATE.
This Act shall apply to each permit, license, or other form of
approval issued by an agency after the date 180 days after the
enactment of this Act and to each contract, lease, or other arrangement
entered into by an agency after the date 180 days after the enactment
of this Act.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551(1) of title 5, United States Code.
(2) Potential to reduce the value.--An activity that
generates pollutants or produces other adverse impacts shall be
considered to have the potential to reduce the value of any
private home whenever such activity may result in physical
damage or any other unlawful or objectively unreasonable
interference with the use and enjoyment of a private home.
(3) Private home.--The term ``private home'' means any
owner occupied dwelling, including any multi-family dwelling
and any condominium.
(4) Reduction in value.--For any private home affected by
an activity referred to in section 4, the term ``reduction in
value'' means the difference (estimated based on values at the
time an action is brought under this section) between the fair
market value of the home, and the fair market value of the home
in the absence of such activity.
(5) Person.--The term ``person'' means any individual,
corporation, partnership, or other organization or entity other
than a Federal, State, or local government agency. | Homeowners Empowerment and Protection Act of 1995 - Requires the Director of the Office of Management and Budget to establish uniform Federal agency procedures with respect to application and homeowner notice requirements for the conduct of activities that generate pollutants or other adverse impacts with the potential to reduce private home values.
Directs each agency to: (1) require any person filing an application to conduct property impacting activity to provide affected homeowners with written notice; (2) provide a toll-free telephone number for homeowner response; and (3) investigate the proposed activity's impact on home values.
Creates a homeowner right of action, including class action authority, for certain home value reductions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managed Care Integrity Act of
2001''.
SEC. 2. LIMITATION OF ADMINISTRATIVE EXPENSES AND PROFITS OF MANAGED
CARE ENTITIES.
(a) Application to Managed Care Entities.--
(1) In general.--Notwithstanding any other provision of
law, each health benefits plan offered by a managed care entity
shall ensure that, with respect to a contract year, the
actuarial value of the aggregate benefits provided under the
plan during such year to enrollees is not less than 85 percent
of the aggregate amount of payments received from, or on behalf
of, such enrollees for such year.
(2) Waiver of requirements.--
(A) In general.--The Secretary of Health and Human
Services may waive the requirement of paragraph (1) for
a 12-month period with respect to a managed care entity
if the Secretary determines, based on the
recommendations of the agency responsible for licensing
such entity (or the health care plans of such entity)
in a State, that--
(i) the solvency of the entity is in
jeopardy; or
(ii) compliance with the requirement would
cause the entity to fail to meet the solvency
requirements required for licensure in the
State.
(B) Renewals.--The Secretary of Health and Human
Services may renew a waiver under subparagraph (A),
except that the no waiver may be granted for a period
in excess of 24 months in any 36-month period.
(3) Administrative costs.--
(A) Limitation.--For purposes of this subsection,
the costs associated with the management and operation
of a managed care plan (including the costs of
compensation and personnel fringe benefits, interest
expenses, costs of occupancy of a facility, and
marketing costs) shall not be included in determining
the actuarial value of the aggregate benefits provided
under the plan.
(B) Regulations.--The Secretary of Health and Human
Services shall promulgate regulations to define ``costs
associated with the management and operation of a
manages care plan'' for purposes of subparagraph (A).
(4) Definition.--For purposes of this subsection, the term
``managed care entity'' shall include--
(A) managed care entities providing health care
coverage for individuals under a group health plan or
individual health insurance coverage;
(B) medicaid managed care organizations as defined
in section 1903(m)(1)(A) of the Social Security Act (42
U.S.C. 1396b(m)(1)(A));
(C) managed care entities that provide health care
coverage for individuals under the Federal Employees
Health Benefits Program under chapter 89 of title 5,
United States Code; and
(D) managed care entities that provide health care
coverage for members of the armed forces and their
families under chapter 55 of title 10, United States
Code.
(5) Effective date.--Paragraph (1) shall apply to contract
years beginning on or after January 1, 2002.
(6) Enforcement.--The Secretary of Health and Human
Services shall develop formal investigation and compliance
procedures with respect to complaints received by the Secretary
concerning the failure of a health benefits plan to comply with
the provisions of this subsection. Under such procedures--
(A) the Secretary shall provide the plan with the
reasonable opportunity to develop and implement a
corrective action plan to correct the deficiencies that
were the basis of the complaint received by the
Secretary; and
(B) the Secretary shall provide the plan with
reasonable notice and opportunity for a hearing
(including the right to appeal an initial decision)
prior to applying the sanctions described in subsection
(c).
(b) Medicare+Choice Organizations.--
(1) In general.--Section 1852 of the Social Security Act
(42 U.S.C. 1395w-22) is amended by adding at the end the
following new subsection:
``(l) Requirement Relating to the Provision of Benefits.--
``(1) In general.--Each Medicare+Choice plan offered by a
Medicare+Choice organization shall ensure that, with respect to
a contract year, the actuarial value of the aggregate benefits
provided under the plan during such year to Medicare+Choice
eligible individuals enrolled in the plan is not less than 85
percent of the aggregate amount of payments received from, or
on behalf of, such individuals for such year.
``(2) Waiver of requirement.--
``(A) In general.--The Secretary may waive the
requirement under paragraph (1) for a 12-month period
with respect to a Medicare+Choice plan offered by a Medicare+Choice
organization, if the Secretary determines, based, except for an
organization with a waiver under section 1855(a)(2), on the
recommendations of the agency responsible for licensing such plan in a
State, that--
``(i) the solvency of the Medicare+Choice
organization is in jeopardy; or
``(ii) compliance with the requirement
would cause the Medicare+Choice organization to
fail to meet the solvency requirements required
for licensure in the State or under this part.
``(B) Renewals.--The Secretary may renew a waiver
under subparagraph (A), except that no waiver may be
granted for a period in excess of 24 months in any 36-
month period.
``(3) Administrative costs.--
``(A) Limitation.--For purposes of this subsection,
the costs associated with the management and operation
of a Medicare+Choice plan (including the costs of
compensation and personnel fringe benefits, interest
expenses, costs of occupancy of a facility, and
marketing costs) shall not be included in determining
the actuarial value of the aggregate benefits provided
under the plan.
``(B) Regulations.--The Secretary shall promulgate
regulations to define `costs associated with the
management and operation of a manages care plan' for
purposes of subparagraph (A).
``(4) Enforcement.--The Secretary may terminate a contract
with a Medicare+Choice organization under section 1857 in
accordance with formal investigation and compliance procedures
established by the Secretary under which--
``(A) the Secretary provides the organization with
the reasonable opportunity to develop and implement a
corrective action plan to correct the deficiencies that
were the basis of the Secretary's determination under
this paragraph; and
``(B) the Secretary provides the organization with
reasonable notice and opportunity for hearing
(including the right to appeal an initial decision)
before terminating the contract.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to contract years beginning on or after January 1,
2002.
(c) Sanctions.--
(1) In general.--If the Secretary of Health and Human
Services determines that a health benefits plan or a
Medicare+Choice organization fails substantially to comply with
the provision of this Act or section 1852(l) of the Social
Security Act the Secretary may provide, in addition to any
other remedies authorized by law, for any of the remedies
described in paragraph (2).
(2) Remedies.--The remedies described in this paragraph
are--
(A) civil money penalties of not more than $25,000
for each determination under paragraph (1) or, with
respect to such a determination involving
misrepresentation or falsifying information, of not
more than $100,000 for each such determination; and
(B) with respect to Medicare+Choice organizations--
(i) suspension of enrollment of individuals
under part C of title XVIII of the Social
Security Act after the date the Secretary
notifies the organization of a determination
under paragraph (1) and until the Secretary is
satisfied that the basis for such determination
has been corrected and is not likely to recur;
or
(ii) suspension of payment to the
organization under such part for individuals
enrolled after the date the Secretary notifies
the organization of a determination under
paragraph (1) and until the Secretary is
satisfied that the basis for such determination
has been corrected and is not likely to recur. | Managed Care Integrity Act of 2001 - Requires health benefits plans offered by managed care entities to ensure that the actuarial value of the aggregate plan benefits is at least 85 percent of the aggregate amount of payments received from, or on behalf of, plan enrollees. Waives such requirement for a limited period if an entity's solvency is in jeopardy or compliance would cause the entity's failure to meet State solvency requirements. Includes Medicaid managed care organizations and managed care entities providing health care coverage for Federal employees and members of the armed forces within the definition of "managed care entity."Requires the Secretary of Health and Human Services to develop related investigation and compliance procedures.Amends title XVIII (Medicare) of the Social Security Act to apply the requirements of this Act to Medicare+Choice organizations.Sets forth noncompliance remedies. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Broker Transparency and
Accountability Act of 2007''.
SEC. 2. MORTGAGE BROKER REQUIREMENTS.
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by
inserting after section 129 the following new section:
``Sec. 129A. Duties of mortgage brokers
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Home mortgage loan.--The term `home mortgage loan'
means any consumer credit transaction in which a security
interest, including any such interest arising by operation of
law, is or will be retained or acquired in any real property
located within the United States which is or, upon the
completion of the transaction, will be used as the principal
residence of the consumer.
``(2) Mortgage broker.--The term `mortgage broker' means
any person who, for compensation or in anticipation of
compensation, provides mortgage brokerage services with respect
to home mortgage loans for which the person is not the creditor
and includes any loan correspondents that provide such
services.
``(3) Mortgage brokerage services.--The term `mortgage
brokerage services' means any of the following services:
``(A) Arranging or negotiating, or attempting to
arrange or negotiate, home mortgage loans or
commitments for such loans.
``(B) Referring consumer applicants or prospective
applicants for home mortgage loans to creditors.
``(C) Selecting or offering to select, on behalf of
consumers, creditors to whom requests for an extension
of a home mortgage loan may be made.
``(b) Mortgage Broker Responsibilities and Duties.--
``(1) Agency by operation of law.--A mortgage broker who
provides mortgage brokerage services to any consumer shall be
deemed to have an agency relationship with the consumer for
such purposes and the broker shall be subject to all
requirements for agents of consumers that are applicable under
State or Federal law in connection with providing such
services.
``(2) Broker duties.--In providing any mortgage brokerage
services to any consumer, the mortgage broker shall--
``(A) act with reasonable skill, care, and
diligence in providing any such services to the
consumer and provide the consumer with a reasonable
choice among available home mortgage loan products that
meet the consumer's stated needs for mortgage
financing;
``(B) disclose to a consumer the risks and benefits
of each home mortgage loan product offered to the
borrower, including any possibility of, and the
possible extent of, a payment increase at the time of
any resetting of rate, the extent of any prepayment
penalties, balloon payments, and the consumer's
responsibilities to pay taxes and insurance with
respect to such product;
``(C) disclose to the consumer--
``(i) all fees or other payments the
mortgage broker may or will receive, if any,
from a creditor in connection with each home
mortgage loan product that is offered or
disclosed to the consumer, directly or
indirectly, in the course of providing such
services;
``(ii) the amount of each such fee or
payment;
``(iii) the rate used to determine the
amount of any such fee;
``(iv) how the consumer may use the amount
of such fees or payments to reduce settlement
costs otherwise applicable to the consumer upon
entering into consumer credit transaction
involving such home mortgage loan product; and
``(v) all fees or other payments the
mortgage broker may or will receive, if any,
from the consumer in connection with each home
mortgage loan product that is offered or
disclosed to the consumer, directly or
indirectly, in the course of providing such
services;
``(D) meet all applicable licensing requirements
under State or local law; and
``(E) obtain and permanently maintain a bond--
``(i) for an amount equal to not less than
1 percent of the aggregate value of all direct
and indirect fees received by the mortgage
broker in connection with providing mortgage
brokerage services in the calendar year
preceding the date of the transaction;
``(ii) that inures, first, to the benefit
of any consumer who has any claim against the
mortgage broker under this title or any other
applicable provision of law; and, second, to
the benefit of creditors that deal with
mortgage brokers in accordance with this title;
and
``(iii) under which any assignee or
subsequent transferee or trustee of a consumer
or creditor remains a beneficiary of the bond.
``(3) Steering prohibited.--In connection with a home
mortgage loan, a mortgage broker may not steer, counsel, or
direct a consumer to a higher-cost mortgage as evidenced by
higher rates, charges, principal amounts, or the inclusion of
prepayment penalties or other terms than a lower-cost mortgage
for which the consumer would otherwise qualify, considering the
loan features requested by the consumer.
``(c) Statutory Obligation.--No requirement imposed on any mortgage
broker under this section may be waived by any consumer or by the terms
of any agreement executed between the mortgage broker and any consumer.
``(d) Enforcement.--For purposes of providing a cause of action for
any failure to comply with any requirement imposed this section,
section 130(a) shall be applied with respect to any such failure--
``(1) by substituting `mortgage broker' for `creditor' each
place such term appears in such section; and
``(2) by treating all points, fees, and costs incurred in
the origination of any home mortgage loan as actual damages
sustained by the consumer as a result of the failure.''.
SEC. 3. DISCLOSURE OF AFFILIATIONS.
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by
inserting after section 129A (as added by section 2 of this Act) the
following new section:
``Sec. 129B. Disclosures in connection with all home mortgage loans
``Each creditor, mortgage broker (as defined in section 129A), or
other person involved in making or obtaining a home mortgage loan (as
defined in section 129A) to or for any consumer shall disclose to the
consumer any financial or other business relationship the creditor,
mortgage broker, or other person has with any person that may be
involved in the transaction resulting in the home mortgage loan,
including any real estate agent, any person providing title insurance,
any person providing settlement services (as defined in section 3 of
the Real Estate Settlement Procedures Act of 1974), or any person
providing table-top financing (in the case of a loan correspondent) and
information sufficient to inform the consumer about the relationship,
including whether the relationship is exclusive.''.
SEC. 4. CLERICAL AMENDMENT.
The table of sections for chapter 2 of the Truth in Lending Act is
amended by inserting after the item relating to section 129 the
following new items:
``129A. Duties of mortgage brokers.
``129B. Disclosures in connection with all home mortgage loans.''. | Mortgage Broker Transparency and Accountability Act of 2007 Amends the Truth in Lending Act to establish mandatory responsibilities, duties, and disclosures governing mortgage brokers.
Deems any mortgage broker to have a statutory agency relationship with the consumer subject to all requirements under state or federal law.
Sets forth disclosure requirements, including disclosure of: (1) the risks and benefits of each home mortgage loan product; (2) possible payment increases at the time of any resetting of rate; (3) the extent of any prepayment penalties and balloon payments; and (4) the consumer's responsibilities to pay taxes and insurance with respect to such product.
Requires mortgage brokers to maintain a bond that inures, first, to the benefit of any consumer who has any claim against the mortgage broker under this Act.
Prohibits: (1) mortgage brokers from steering a consumer to a higher-cost mortgage than one for which the consumer would otherwise qualify; and (2) waiver by a consumer of the requirements imposed upon a mortgage broker under this Act.
Requires disclosure of specified affiliations on the part of persons involved in the home mortgage loan process. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boundary Waters Canoe Area
Wilderness Accessibility and Partnership Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Boundary Waters Canoe Area Wilderness, located
amidst the scenic splendor of the Minnesota-Ontario border, is
and always will be a unique lakeland-based Federal wilderness
unit that serves as 1 of the Nation's great natural ecosystems;
(2) the Boundary Waters Canoe Area Wilderness is a special
wilderness area dedicated to appropriate public access and use
through recognized motorized and nonmotorized recreational
activities under protections and commitments in the Wilderness
Act (16 U.S.C. 1131 et seq.) and Public Law 95-495 (92 Stat.
1649);
(3) intergovernmental cooperation that respects and
emphasizes the role of State, local, and tribal governments in
land management decisionmaking processes is essential to
optimize the preservation and development of social,
historical, cultural, and recreational resources; and
(4) the national interest is served by--
(A) improving the management and protection of the
Boundary Waters Canoe Area Wilderness;
(B) allowing Federal, State, local, and tribal
governments to engage in an innovative management
partnership in Federal land management decisionmaking
processes; and
(C) ensuring adequate public access, enjoyment, and
use of the Boundary Waters Canoe Area Wilderness
through nonmotorized and limited motorized means.
SEC. 3. MANAGEMENT CHANGES.
(a) Use of Motorboats.--
(1) Lac la croix.--Section 4(c)(1) of Public Law 95-495 (92
Stat. 1650; 16 U.S.C. 1132 note) is amended by inserting ``Lac
La Croix, Saint Louis County;'' after ``Saint Louis County;''.
(2) Basswood, birch, and saganaga lakes.--Section 4(c) of
Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is
amended--
(A) in paragraph (1)--
(i) by striking ``except that portion
generally'' and all that follows through
``Washington Island'' and inserting ``Lake
County; Birch, Lake County''; and
(ii) by striking ``, except for that
portion west of American Point''; and
(B) by striking paragraph (4).
(3) Sea gull lake.--Section 4(c) of Public Law 95-495 (92
Stat. 1650; 16 U.S.C. 1132 note) is amended--
(A) in paragraph (2), by striking ``that portion
generally east of Threemile Island,''; and
(B) in paragraph (3), by striking ``Sea Gull, Cook
County, that portion generally west of Threemile
Island, until January 1, 1999;''.
(b) Definition of Guest.--The second proviso of section 4(f) of
Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended--
(1) by inserting ``day and overnight'' after ``lake
homeowners and their'';
(2) by inserting ``who buy or rent goods and services''
after ``resort owners and their guests''; and
(3) by inserting ``or chain of lakes'' after ``shall have
access to that particular lake''.
(c) Motorized Portages.--Section 4 of Public Law 95-495 (92 Stat.
1651; 16 U.S.C. 1132 note) is amended by striking subsection (g) and
inserting the following:
``(g) Motorized Portages.--Nothing in this Act shall prevent the
operation of motorized vehicles and associated equipment to assist in
the transport of a boat across the portages from the Moose Lake chain
to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake
Vermilion to Trout Lake.''.
SEC. 4. PLANNING AND MANAGEMENT COUNCIL.
Section 4 of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note)
is amended by adding at the end the following:
``(j) Planning and Management Council.--
``(1) Establishment.--There is established the Boundary
Waters Canoe Area Wilderness Intergovernmental Council
(referred to in this Act as the `Council').
``(2) Duties of the council.--The Council shall develop and
monitor a comprehensive management plan for the wilderness in
accordance with section 20.
``(3) Membership.--The Council shall be composed of 11
members, appointed by the Secretary, of whom--
``(A) 1 member shall be the Under Secretary for
Natural Resources and Environment of the Department of
Agriculture, or a designee;
``(B) 3 members shall be appointed, from
recommendations by the Governor of Minnesota, to
represent the Department of Natural Resources, the
Office of Tourism, and the Environmental Quality Board,
of the State of Minnesota;
``(C) 1 member shall be a commissioner from each of
the counties of Lake, Cook, and Saint Louis from
recommendations by each of the county board of
commissioners;
``(D) 1 member shall be an elected official from
the Northern Counties Land-Use Coordinating Board from
recommendations by the Board;
``(E) 1 member shall be the State senator who
represents the legislative district that contains a
portion of the wilderness;
``(F) 1 member shall be the State representative
who represents the legislative district that contains a
portion of the wilderness; and
``(G) 1 member shall be an elected official of the
Native American community to represent the 1854 Treaty
Authority, from recommendations of the Authority.
``(4) Advisory councils.--
``(A) In general.--The Council may establish 1 or
more advisory councils for consultation, including
councils consisting of members of conservation,
sportsperson, business, professional, civic, and
citizen organizations.
``(B) Funding.--An advisory council established
under subparagraph (A) may not receive any amounts made
available to carry out this Act.
``(5) Quorum.--A majority of the members of the Council
shall constitute a quorum.
``(6) Chairperson.--
``(A) Election.--The members of the Council shall
elect a chairperson of the Council from among the
members of the Council.
``(B) Terms.--The chairperson shall serve not more
than 2 terms of 2 years each.
``(7) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members of the Council.
``(8) Staff and services.--
``(A) Staff of the council.--The Council may
appoint and fix the compensation of such staff as the
Council considers necessary to carry out this Act.
``(B) Procurement of temporary services.--The
Council may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
``(C) Administrative support services.--The
Administrator of General Services shall provide to the
Council, on a reimbursable basis, such administrative
support services as the Council requests.
``(D) Provision by the secretary.--On a request by
the Council, the Secretary shall provide personnel,
information, and services to the Council to carry out
this Act.
``(E) Provision by other federal departments and
agencies.--A Federal agency shall provide to the
Council, on a reimbursable basis, such information and
services as the Council requests.
``(F) Provision by the governor.--The Governor of
Minnesota may provide to the Council, on a reimbursable
basis, such personnel and information as the Council
may request.
``(G) Subpoenas.--The Council may not issue a
subpoena nor exercise any subpoena authority.
``(9) Procedural matters.--
``(A) Guidelines for conduct of business.--The
following guidelines apply with respect to the conduct
of business at meetings of the Council:
``(i) Open meetings.--Each meeting shall be
open to the public.
``(ii) Public notice.--Timely public notice
of each meeting, including the time, place, and
agenda of the meeting, shall be published in
local newspapers and such notice may be given
by such other means as will result in wide
publicity.
``(iii) Public participation.--Interested
persons shall be permitted to give oral or
written statements regarding the matters on the
agenda at meetings.
``(iv) Minutes.--Minutes of each meeting
shall be kept and shall contain a record of the
persons present, an accurate description of all
proceedings and matters discussed and
conclusions reached, and copies of all
statements filed.
``(v) Public inspection of record.--The
administrative record, including minutes
required under clause (iv), of each meeting,
and records or other documents that were made
available to or prepared for or by the Council
incident to the meeting, shall be available for public inspection and
copying at a single location.
``(B) New information.--At any time when the
Council determines it appropriate to consider new
information from a Federal or State agency or from a
Council advisory body, the Council shall give full
consideration to new information offered at that time
by interested members of the public. Interested parties
shall have a reasonable opportunity to respond to new
data or information before the Council takes final
action on management measures.
``(10) Compensation.--
``(A) In general.--A member of the Council who is
not an officer or employee of the Federal government
shall serve without pay.
``(B) Travel expenses.--While away from the home or
regular place of business of the member in the
performance of services for the Council, a member of
the Council shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as
persons employed intermittently in Federal Government
service are allowed expenses under section 5703 of
title 5, United States Code.
``(11) Funding.--Of amounts appropriated to the Forest
Service for a fiscal year, the Secretary shall make available
such amounts as the Council shall request, not to exceed
$150,000 for the fiscal year.
``(12) Termination of council.--The Council shall terminate
on the date that is 10 years after the date of enactment of
this subsection.''.
SEC. 5. MANAGEMENT PLAN.
Section 20 of Public Law 95-495 (92 Stat. 1659; 16 U.S.C. 1132
note) is amended to read as follows:
``SEC. 20. MANAGEMENT PLAN.
``(a) Schedule.--
``(1) In general.--Not later than 3 years after the date of
enactment of this subsection, the Council shall submit to the
Secretary and the Governor of Minnesota a comprehensive
management plan (referred to in this section as the `plan') for
the Boundary Waters Canoe Area Wilderness, to be developed and
implemented by the responsible Federal agencies, the State of
Minnesota, and local political subdivisions.
``(2) Preliminary report.--Not later than 1 year after the
date of the first meeting of the Council, the Council shall
submit a preliminary report to the Secretary describing the
process to be used to develop the plan.
``(b) Development of Plan.--
``(1) In general.--In developing the plan, the Council
shall examine all relevant issues, including--
``(A) year-round visitation consistent with the use
levels established under this Act, including--
``(i) reform and simplification of the
current day use and overnight use permit
system;
``(ii) resolving discrepancies between
actual permit use and absences; and
``(iii) defining the need for special
permit policies for commercial uses;
``(B) the appropriate distribution of visitors in
the wilderness; and
``(C) a comprehensive visitor education program.
``(2) Conditions.--In carrying out subparagraphs (A)
through (C) of paragraph (1), the Council shall--
``(A) be subject to relevant environmental law;
``(B) consult on a regular basis with appropriate
officials of each Federal or State agency or local
government that has jurisdiction over land or water in
the wilderness;
``(C) consult with interested conservation,
sportsperson, business, professional, civic, and
citizen organizations; and
``(D) conduct public meetings at appropriate places
to provide interested persons the opportunity to
comment on matters to be addressed by the plan.
``(3) Prohibited considerations.--The Council may not
consider--
``(A) removing wilderness designation;
``(B) allowing mining, logging, or commercial or
residential development; or
``(C) allowing new types of motorized uses in the
wilderness, except as provided in this Act.
``(c) Approval of Plan.--
``(1) Submission to secretary and governor.--The Council
shall submit the plan to the Secretary and the Governor of
Minnesota for review.
``(2) Approval or disapproval by the secretary.--
``(A) Review by the governor.--The Governor may
comment on the plan not later than 60 days after
receipt of the plan from the Council.
``(B) Secretary.--
``(i) In general.--The Secretary shall
approve or disapprove the plan not later than
90 days after receipt of the plan from the
Council.
``(ii) Criteria for review.--In reviewing
the plan, the Secretary shall consider--
``(I) the adequacy of public
participation;
``(II) assurances of plan
implementation from State and local
officials in Minnesota;
``(III) the adequacy of regulatory
and financial tools that are in place
to implement the plan;
``(IV) provisions of the plan for
continuing oversight by the Council of
implementation of the plan; and
``(V) the consistency of the plan
with Federal law.
``(iii) Notification of disapproval.--If
the Secretary disapproves the plan, the
Secretary shall, not later than 30 days after
the date of disapproval, notify the Council in
writing of the reasons for the disapproval and
provide recommendations for revision of the
plan.
``(C) Revision and resubmission.--Not later than 60
days after receipt of a notice of disapproval under
subparagraph (B) or (D), the Council shall revise and
resubmit the plan to the Secretary for review.
``(D) Approval or disapproval of revision.--The
Secretary shall approve or disapprove a plan submitted
under subparagraph (C) not later than 30 days after
receipt of the plan from the Council.
``(d) Review and Modification of Implementation of Plan.--The
Council--
``(1) shall review and monitor the implementation of the
plan; and
``(2) may, after providing for public comment and after
approval by the Secretary, modify the plan, if the Council and
the Secretary determine that the modification is necessary to
carry out this Act.
``(e) Interim Program.--Before the approval of the plan, the
Council shall advise and cooperate with appropriate Federal, State,
local, and tribal governmental entities to minimize adverse impacts on
the values described in section 2.
``(f) Forest Service Regulations.--During the period beginning on
the date of enactment of this subsection and ending on the date a
management plan is approved by the Secretary under subsection (c)(2),
the Secretary may not issue any regulation that relates to the Boundary
Waters Canoe Area Wilderness, except for--
``(1) regulations required for routine business, such as
issuing permits, visitor education, maintenance, and law
enforcement; and
``(2) emergency regulations.
``(g) State and Local Jurisdiction.--Nothing in this Act
diminishes, enlarges, or modifies any right of the State of Minnesota
or any political subdivision of the State to--
``(1) exercise civil and criminal jurisdiction;
``(2) carry out State fish and wildlife laws in the
wilderness; or
``(3) tax persons, corporations, franchises, or private
property on land and water included in the wilderness.''. | Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996 - Modifies certain restrictions on motorboat use on specified lakes within the Boundary Waters Canoe Area Wilderness, Minnesota.
Permits the operation of motorized vehicles and associated equipment to assist in the transport of a boat across the portages from the Moose Lake Chain (currently, Sucker Lake) to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake.
Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to develop, review, monitor implementation of, and, if necessary, modify a comprehensive management plan for the Wilderness. Prohibits the Council from considering: (1) removing the wilderness designation; (2) allowing mining, logging, or commercial or residential development; or (3) allowing motorized uses not otherwise authorized.
Provides for review, recommendations for revisions, and approval or disapproval of such plan by the Secretary of Agriculture.
Prohibits the Secretary, pending approval of the plan, from issuing any regulation that relates to the Wilderness, except for: (1) regulations required for routine business, such as issuing permits, visitor education, maintenance, and law enforcement; and (2) emergency regulations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Invasive Species Council
Act''.
SEC. 2. STATEMENT OF POLICY REGARDING FEDERAL DUTIES.
(a) In General.--No Federal agency may authorize, fund, or carry
out any action that would likely cause or promote the introduction or
spread of an invasive species in the United States or any other
location, unless the head of the Federal agency, at his or her sole
discretion and pursuant to guidelines developed under subsection (b),
determines that--
(1) the benefits of the action under consideration clearly
outweigh the potential harm to the environment, economy, or
human health caused by the introduction or spread of the
invasive species; and
(2) all feasible and prudent measures to minimize risk of
harm to the environment, economy, or human health will be taken
in carrying out the actions.
(b) Guidelines.--The Council for Environmental Quality, in
conjunction with the Invasive Species Council, shall develop guidelines
for Federal agencies to analyze actions pursuant to this section.
SEC. 3. NATIONAL INVASIVE SPECIES COUNCIL.
(a) Establishment.--There is established as an independent entity
within the executive branch the National Invasive Species Council. The
Council shall provide leadership and coordination among Federal
agencies, and between the Federal Government and State and local
governments, with respect to effort to minimize the economic,
ecological, and human health impacts that invasive species cause and
reduce the threat of further invasions.
(b) Membership.--
(1) In general.--The Council shall consist of the following
members:
(A) The Secretary of the Interior.
(B) The Secretary of Agriculture.
(C) The Secretary of Commerce.
(D) The Secretary of State.
(E) The Secretary of the Treasury.
(F) The Secretary of Defense.
(G) The Secretary of Transportation.
(H) The Secretary of Health and Human Services.
(I) The Administrator of the Environmental
Protection Agency.
(J) The Administrator of the United States Agency
for International Development.
(K) Such additional members as may be appointed
under paragraph (2).
(2) Additional members.--With the concurrence of a majority
of the members of the Council, the Chair of the Council may
appoint additional members to the Council from among
individuals who are officers or employees of the Federal
Government with significant responsibilities concerning
invasive species.
(c) Chair.--The Secretary of the Interior shall serve as chair of
the Council for the three-year period beginning on the date of the
enactment of this Act. Thereafter, the chair shall rotate every three
years among the following members, in the order stated:
(1) The Secretary of Agriculture.
(2) The Secretary of Commerce.
(3) The Secretary of the Interior.
(d) Meetings.--The Council shall meet at least semiannually, at the
call of chair.
(e) Executive Director.--
(1) Appointment.--The President shall appoint the Executive
Director of the Council, by and with the advice and consent of
the Senate.
(2) Consultation.--Before appointing an individual under
paragraph (1), the President shall consult with the Secretary
of the Interior, the Secretary of Agriculture, and the
Secretary of Commerce.
(3) Qualifications.--An individual appointed under this
subsection must have legal or scientific experience and
training in the area of natural resources, ecology, or
agriculture, and experience in dealing with public policy
matters regarding aquatic and terrestrial invasive species.
(4) Term.--The Executive Director of the Council shall
serve a term of six years, unless removed earlier by the
President.
(5) Compensation.--The Executive Director shall be paid at
the maximum rate of basic pay for GS-15 of the General
Schedule.
SEC. 4. DUTIES.
(a) In General.--The Council shall ensure that Federal agency
efforts concerning invasive species are coordinated, effective,
complementary, and cost-efficient.
(b) Specific Functions.--To carry out subsection (a) the Council
shall perform the following functions:
(1) Coordinate with existing organizations addressing
invasive species, such as the Aquatic Nuisance Species Task
Force, the Federal Interagency Committee for the Management of
Noxious and Exotic Weeds, regional panels established under the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.), and the White House Office of
Science and Technology Policy, to implement the National
Management Plan.
(2) Develop recommendations for international cooperation
between Federal and State Governments and other nations on
tools, policies, and methods to prevent the introduction and
export of invasive species into and from, respectively, the
United States.
(3) Develop guidelines for Federal agency efforts to ensure
that Federal programs concerning invasive species, including
outreach programs, are coordinated with State, local, and
tribal governments.
(4) Develop, in consultation with the Council on
Environmental Quality, guidance to Federal agencies pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) on prevention, control, and eradication of invasive
species.
(5) Establish and maintain a publicly accessible,
coordinated, up-to-date information sharing system that--
(A) allows the access to and exchange of
information among Federal agencies and the public; and
(B) utilizes, to the greatest extent practicable,
the Internet.
(6) Ensure that Federal agencies implement the plans,
programs, and policies adopted by the Council in the National
Management Plan through appropriate actions, including working
in cooperation with Federal agencies on development of budgets
pursuant to the President's annual budget submission to the
Congress.
(7) Evaluate Federal programs that are likely to cause or
promote the introduction or spread of invasive species in the
United States, and recommend actions Federal agencies can take
to minimize the risk of introductions or further spread of
invasive species.
(8) Develop and submit to the appropriate Committees of the
House of Representatives and Senate and the Director of the
Office of Management and Budget an annual list of priorities,
ranked in high, medium, and low categories, of Federal efforts
and programs in the following areas:
(A) Prevention.
(B) Eradication.
(C) Control.
(D) Monitoring.
(E) Research.
(F) Outreach.
SEC. 5. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.
(a) Development.--
(1) In general.--The Council shall develop a National
Invasive Species Management Plan that details and recommends
performance-oriented goals and specific measures of success for
carrying out each of the Federal agency activities related to
invasive species.
(2) Development process.--The National Management Plan
shall be developed through a public process and in consultation
with Federal agencies, appropriate State and local entities,
and other appropriate stakeholders.
(3) Contents.--The National Management Plan shall include
recommendations of effective, cost-efficient, environmentally
sound, and science-based approaches for the following:
(A) Prevention of the introduction of invasive
species, including approaches for identifying pathways
by which invasive species are introduced and for
minimizing the risk of introductions via those
pathways. Recommended approaches under this
subparagraph shall provide for--
(i) a process to evaluate risks associated
with the introduction and spread of invasive
species; and
(ii) a coordinated and systematic risk-
based process to identify, monitor, and
interdict pathways that may be involved in the
introduction of invasive species.
(B) Cooperating with other nations to increase
their capacity to control their invasive species and to
prevent the spread of invasive species across
international borders.
(C) Rapidly detecting and responding to incipient
invasions of invasive species.
(D) Managing new and established populations of
invasive species by eradicating them or controlling
their spread.
(E) Accurately and reliably monitoring new and
established populations of invasive species.
(F) Restoring native species and habitat conditions
in ecosystems that have been invaded by invasive
species.
(G) Evaluating and documenting the impacts of
invasive species on the economy, the environment, and
human health.
(H) Conducting research on the matters referred to
in subparagraphs (A) through (F).
(I) Developing technologies to prevent the
introduction and provide for the management of invasive
species.
(J) Promoting public education on invasive species
and the means to address them.
(4) Identification of needed personnel, etc.--The National
Management Plan shall identify the personnel, other resources,
and additional levels of coordination needed to achieve the
goals included in the plan.
(b) Existing Plan.--The Management Plan of the National Invasive
Species Council adopted in 2001 shall be treated as the National
Management Plan required under subsection (a) until the date of the
issuance of the National Management plan in accordance with subsection
(c).
(c) Issuance and Update of National Management Plan.--The Council
shall--
(1) issue the National Management Plan required under
subsection (a) by not later than December 31, 2003;
(2) update the National Management Plan by not later than
December 31 biennially; and
(3) concurrently with the process of updating the National
Management Plan, evaluate and report to the Congress on success
in achieving the goals set forth in the National Management
Plan.
(d) Agency Reports.--Within 18 months after the date of the
issuance of any edition of the National Management Plan that recommends
action by a Federal agency, the head of such agency shall report to the
Congress any of such actions that the agency has not taken, with an
explanation of why the action is not feasible.
SEC. 6. INVASIVE SPECIES ADVISORY COMMITTEE.
(a) In General.--The Council shall have an advisory committee to
provide information and advice for consideration by the Council, which
shall be known as the Invasive Species Advisory Committee. Except as
otherwise provided in this section, the advisory committee shall be
organized, perform the functions, and have the authorities specified in
the charter for such advisory committee signed by the Secretary of the
Interior on October 30, 2001.
(b) Appointment.--Members of the advisory committee shall be
appointed by the chair of the Council, after consultation with the
other members of the Council, from among individuals representing
stakeholders with respect to Federal programs for minimizing the
economic, ecological, and human health impacts that invasive species
cause.
(c) Functions.--In addition to the functions specified in the
charter referred to in subsection (a), the advisory committee shall
recommend to the Council plans and actions at local, tribal, State,
regional, and ecosystem-based levels to achieve the goals of the
National Management Plan required under section 5.
(d) Continuing Operation of Existing Committee.--Any advisory
committee appointed before the date of the enactment of this Act
pursuant to the charter referred to in subsection (a) may continue in
effect under this section.
SEC. 7. BUDGET CROSSCUT.
The Director of the Office of Management and Budget shall prepare
and submit to the Congress and the Council, by not later than March 31
of 2003 and of each year thereafter, a budget analysis and summary of
all Federal programs relating to invasive species
SEC. 8. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the National
Invasive Species Council established by section 3(a).
(2) Invasive species.--The term ``invasive species'' means
a species--
(A) that is nonnative to the ecosystem under
consideration; and
(B) the introduction of which causes or may cause
harm to the economy, the environment, or human health.
(3) National management plan.--The term ``National
Management Plan'' means the National Invasive Species
Management Plan developed by the Council under section 5(a).
(4) Species.--The term ``species'' means a category of
taxonomic classification ranking below a genus or subgenus and
consisting of related organisms capable of interbreeding.
SEC. 9. EXISTING EXECUTIVE ORDER.
Executive Order 13112, dated February 3, 1999, shall have no force
or effect.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000 for each of fiscal years 2004 through 2006. | National Invasive Species Council Act - Declares that no Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the agency head determines that: (1) the benefits outweigh the potential harm to the environment, economy, or human health; and (2) all feasible and prudent measures to minimize the risk or harm will be taken. Requires the Council for Environmental Quality, in conjunction with the National Invasive Species Council, to develop guidelines for such measures.Establishes within the executive branch the National Invasive Species Council to ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient.Requires the Council to develop a National Invasive Species Management Plan that details and recommends performance-oriented goals.Requires the Council to create the Invasive Species Advisory Committee to provide information and advice for consideration by the Council.Requires the Director of the Office of Management and Budget to prepare and submit to Congress and the Council a yearly budget analysis and summary of all Federal programs relating to invasive species. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Travel Cost Reduction
Act''.
SEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES.
(a) In General.--Chapter 57 of title 5, United States Code, is
amended by inserting after section 5709 the following new section:
``Sec. 5710. Business accounts for air travel
``(a) The General Services Administration or any agency entering
into a contract with an air carrier for travel on official business--
``(1) subject to the provisions of paragraph (2), shall
include as a term of such contract that such air carrier
shall--
``(A) establish a separate air travel business
account for any employee, designated by the head of the
agency employing such employee, for travel on official
business by such employee on such air carrier;
``(B) deposit any award or bonus by such air
carrier awarded to such employee for travel on official
business into the employee's air travel business
account; and
``(C) apply any such award or bonus from such
employee's air travel business account to any travel on
official business by such employee on such air carrier
except that such awards or bonuses shall not be used
for seating upgrades; and
``(2) may include as a term of such contract, as an
alternative to the term required under paragraph (1), that such
air carrier shall--
``(A) establish an air travel business account for
any office or administrative unit of an agency, as
designated by the head of such agency, for travel on
official business by employees of such office or
administrative unit on such air carrier;
``(B) deposit any award or bonus by such air
carrier awarded to any employee of such office or
administrative unit for travel on official business
into the air travel business account of such office or
administrative unit; and
``(C) apply any such award or bonus from the air
travel business account of such office or
administrative unit to any travel on official business
by any employee of such office or administrative unit
except that such awards or bonuses shall not be used
for seating upgrades.
``(b) All air travel business accounts established under this
section shall be separate from any personal account of an employee. Any
award or bonus from an air travel business account may be used only for
travel on official business except that such awards shall not be used
for seating upgrades.
``(c) To the greatest extent practicable, the General Services
Administration shall include the term described under subsection (a)(2)
in a contract to maximize travel costs savings.
``(d) The General Services Administration shall promulgate
regulations to carry out the provisions of this section. Such
regulations shall include a requirement that, to the greatest extent
practicable to maximize travel costs savings, employees shall--
``(1) travel on official business with air carriers
awarding awards and bonuses for official business travel,
regardless of whether such travel is on an air carrier under a
contract described under this section; and
``(2)(A) participate in any program of such air carrier
awarding awards and bonuses; and
``(B) use such awards and bonuses for only official
business travel except that such awards shall not be used for
seating upgrades.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5709 the following new item:
``5710. Business accounts for air travel.''.
SEC. 3. APPLICATION TO THE CONGRESS.
(a) In General.--No later than 180 days after the date of the
enactment of this Act, the Committee on Rules and Administration of the
Senate and the Committee on Administration of the House of
Representatives shall promulgate regulations relating to Members of
Congress and any employee whose pay is disbursed by the Secretary of
the Senate or the Clerk of the House of Representatives, respectively,
that--
(1) require any Member of the Senate, officer of the
Senate, Member of the House of Representatives, or officer of
the House of Representatives who enters into a contract with an
air carrier for travel on official business by a Member or
employee--
(A) subject to the provisions of subparagraph (B),
shall include as a term of such contract that such air
carrier shall--
(i) establish a separate air travel
business account for any Member or employee,
designated by the applicable Member or
employing committee or office of such employee,
for travel on official business by such Member
or employee on such air carrier;
(ii) deposit any award or bonus by such air
carrier awarded to such Member or employee for
travel on official business into the Member's
or employee's air travel business account; and
(iii) apply any such award or bonus from
such Member's or employee's air travel business
account to any travel on official business by
such Member or employee on such air carrier
except that such awards or bonuses shall not be
used for seating upgrades; and
(B) may include as a term of such contract, as an
alternative to the term required under subparagraph
(A), that such air carrier shall--
(i) establish an air travel business
account for any committee or office as
designated by the applicable Member, committee,
or office, for travel on official business by
Members or employees of such committee or
office on such air carrier;
(ii) deposit any award or bonus by such air
carrier awarded to any Member or employee of
such committee or office for travel on official
business into the air travel business account
of such committee or office; and
(iii) apply any such award or bonus from
the air travel business account of such
committee or office to any travel on official
business by any Member or employee of such
committee or office except that such awards or
bonuses shall not be used for seating upgrades;
and
(2) to the greatest extent practicable to maximize travel
costs savings, require committees and offices (including
Members' offices)--
(A) to enter into contracts with air carriers
awarding awards and bonuses for official business
travel; and
(B) to require Members and employees to--
(i) travel on official business with air
carriers awarding awards and bonuses for
official business travel, regardless of whether
such travel is on an air carrier under a
contract described under this section; and
(ii)(I) participate in any program of such
air carrier awarding awards and bonuses; and
(II) use such awards and bonuses for only
official business travel except that such
awards or bonuses shall not be used for seating
upgrades.
(b) Separate Business Accounts.--All air travel business accounts
established under this section shall be separate from any personal
account of a Member or employee. Any award or bonus from an air travel
business account may be used only for travel on official business
except that such awards or bonuses shall not be used for seating
upgrades.
(c) Committee and Office Accounts.--To the greatest extent
practicable, any Member of Congress or officer of the Congress entering
into a contract as provided under this section shall include the term
described under subsection (a)(1)(B) to maximize costs savings. | Government Travel Cost Reduction Act - Amends Federal law governing air travel of Federal employees and Members of Congress to mandate that a Federal or congressional agency include in its contract with an air carrier: (1) the establishment of a separate air travel business account for employees travelling on official agency business; and (2) deposit into the employee's air travel business account any travel bonuses awarded by the carrier. | [
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] |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Birth Defects
Prevention Act of 1993''.
(b) Findings.--The Congress makes the following findings:
(1) Birth defects are the leading cause of infant
mortality, directly responsible for one out of every five
infant deaths.
(2) Thousands of the 250,000 infants born with a birth
defect annually face a lifetime of chronic disability and
illness.
(3) Birth defects threaten the lives of infants of all
racial and ethnic backgrounds. However, some conditions pose
excess risks for certain populations. For example, compared to
all infants born in the United States, Hispanic-American
infants are more likely to be born with anencephaly spina
bifida and other neural tube defects and African-American
infants are more likely to be born with sickle-cell anemia.
(4) Birth defects can be caused by exposure to
environmental hazards, adverse health conditions during
pregnancy, or genetic mutations. Prevention efforts are slowed
by lack of information about the number and causes of birth
defects. Outbreaks of birth defects may go undetected because
surveillance and research efforts are underdeveloped and poorly
coordinated.
SEC. 2. BIRTH DEFECTS PREVENTION AND RESEARCH PROGRAM.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317A the following new
section:
``birth defects prevention and research programs
``Sec. 317B. (a) National Birth Defects Surveillance Program.--The
Secretary, acting through the Director of the Centers for Disease
Control, may award grants to, enter into cooperative agreements with,
or provide direct technical assistance in lieu of cash to States, State
health authorities, or health agencies of political subdivisions of a
State for collection, analysis, and reporting of birth defects
statistics from birth certificates, infant death certificates, hospital
records, or other sources and to collect and disaggregate such
statistics by gender and racial and ethnic group.
``(b) Centers for Excellence for Birth Defects Prevention
Research.--
``(1) In general.--The Secretary shall establish at least
five regional birth defects monitoring and research programs
for the purpose of collecting and analyzing information on the
number, incidence, correlates, and causes of birth defects, to
include information regarding gender and different racial and
ethnic groups, including Hispanics, non-Hispanic whites,
African Americans, Native Americans, and Asian Americans.
``(2) Authority for awards.--For purposes of paragraph (1),
the Secretary, acting through the Director of the Centers for
Disease Control, may award grants or enter into cooperative
agreements with State departments of health, universities, or
other private, nonprofit entities engaged in research to enable
such entities to serve as Centers of Excellence for Birth
Defects Prevention Research.
``(3) Application.--To be eligible for grants or
cooperative agreements under paragraph (2), the entity shall
prepare and submit to the Secretary an application at such
time, in such manner and containing such information as the
Secretary may prescribe, including assurances that--
``(A) the program will collect, analyze, and report
birth defects data according to guidelines prescribed
by the Director of the Centers for Disease Control;
``(B) the program will coordinate States birth
defects surveillance and prevention efforts within a
region;
``(C) education, training, and clinical skills
improvement for health professionals aimed at the
prevention and control of birth defects will be
included in the program activities;
``(D) development and evaluation of birth defects
prevention strategies will be included in the program
activities, as appropriate; and
``(E) the program funds will not be used to
supplant or duplicate State efforts.
``(4) Centers to focus on racial and ethnic disparities in
birth defects.--One of the Centers of Excellence shall focus on
birth defects among ethnic minorities, and shall be located in
a standard metropolitan statistical area that has over a 60
percent ethnic minority population, is federally designated as
a health professional shortage area, and has an incidence of
one or more birth defects more than four times the national
average.
``(c) Clearinghouse.--The Centers for Disease Control shall serve
as the coordinating agency for birth defects prevention activities
through establishment of a clearinghouse for the collection and storage
of data and generated from birth defects monitoring programs developed
under subsections (a) and (b). Functions of such clearinghouse shall
include facilitating the coordination of research and policy
development to prevent birth defects. The clearinghouse shall
disaggregate data by gender and by racial and ethnic groups, the major
Hispanic subgroups, non-Hispanic whites, African Americans, Native
Americans, and Asian Americans.
``(d) Prevention Strategies.--The Secretary, acting through the
Director of the Centers for Disease Control, shall award grants to or
enter into cooperative agreements with State departments of health,
universities, or other private, or nonprofit entities to enable such
entities to develop, evaluate and implement prevention strategies
designed to reduce the incidence and effects or birth defects
including--
``(1) demonstration projects for the prevention of birth
defects, including--
``(A) at least one project aimed at enhancing
prevention services in a `high-risk area' that has a
proportion of birth to minority women above the
national average, is federally designated as a health
professional shortage area, and has a high incidence of
one or more birth defects; and
``(B) at least one outcome research project to
study the effectiveness of infant interventions aimed
at amelioration of birth defects; and
``(2) public information and education programs for the
prevention of birth defects, including but not limited to
programs aimed at prevention of alcohol and illicit drug use
during pregnancy and promotion of use of folic acid vitamin
supplements for women of childbearing age in a manner which is
sensitive to the cultural and linguistic context of a given
community.
``(e) Advisory Committee.--
``(1) Establishment of committee.--The Secretary shall
establish an Advisory Committee for Birth Defects Prevention
(in this subsection referred to as the `Committee'). The
Committee shall provide advice and recommendations on
prevention and amelioration of birth defects to the Secretary
and the Director of the Centers for Disease Control.
``(2) Functions.--With respect to birth defects prevention,
the Committee shall--
``(A) make recommendations regarding prevention
research and intervention priorities;
``(B) study and recommend ways to prevent birth
defects, with emphasis on emerging technologies;
``(C) identify annually the important areas of
government and nongovernment cooperation needed to
implement prevention strategies;
``(D) identify research and prevention strategies
which would be successful in addressing birth defects
disparities among the major Hispanic subgroups, non-
Hispanic whites, African Americans, Native Americans,
and Asian Americans; and
``(E) review and recommend policies and guidance
related to birth defects research and prevention.
``(3) Composition.--The Committee shall be composed of 15
members appointed by the Secretary, including--
``(A) four health professionals, who are not
employees of the United States, who have expertise in
issues related to prevention of or care for children
with birth defects;
``(B) two representatives from health professional
associations;
``(C) four representatives from voluntary health
agencies concerned with conditions leading to birth
defects or childhood disability;
``(D) five members of the general public, of whom
at least three shall be parents of children with birth
defects or persons having birth defects; and
``(E) representatives of the Public Health Service
agencies involved in birth defects research and
prevention programs and representatives of other
appropriate Federal agencies, including but not limited
to the Department of Education and the Environmental
Protection Agency, shall be appointed as ex officio,
liaison members for purposes of informing the Committee
regarding Federal agency policies and practices;
``(4) Structure.--
``(A) Term of office.--Appointed members of the
Committee shall be appointed for a term of office of 3
years, except that of the members first appointed, 5
shall be appointed for a term of 1 year, 5 shall be
appointed for a term of 2 years, and 5 shall be
appointed for a term of 3 years, as determined by the
Secretary.
``(B) Meetings.--The Committee shall meet not less
than three times per year and at the call of the chair.
``(C) Compensation.--Members of the Committee who
are employees of the Federal Government shall serve
without compensation. Members of the Committee who are
not employees of the Federal Government shall be
compensated at a rate not to exceed the daily
equivalent of the rate in effect for grade GS-18.
``(f) Report.--The Secretary shall prepare and submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Labor and Human Resources of the Senate a biennial
report regarding the incidence of birth defects, the contribution of
birth defects to infant mortality, the outcome of implementation of
prevention strategies, and identified needs for research and policy
development to include information regarding the various racial and
ethnic groups, including Hispanic, non-Hispanic whites, African
Americans, Native Americans, and Asian Americans.
``(g) Authorization of Appropriations.--
``(1) For the purpose of carrying out subsections (a), (b),
and (c), there are authorized to be appropriated $15,000,000
for fiscal year 1994, $20,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the fiscal years 1996
and 1997.
``(2) For the purpose of carrying out subsection (d), there
are authorized to be appropriated $15,000,000 for fiscal year
1994, $20,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 and 1997.
``(3) For the purpose of carrying out subsections (e) and
(f), there are authorized to be appropriated $2,000,000 for
each of the fiscal years 1994 through 1997.''. | Birth Defects Prevention Act of 1993 - Amends the Public Health Service Act to establish birth defects prevention and research programs.
Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group.
Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities.
Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act.
Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects.
Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention.
Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects.
Authorizes appropriations. | [
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SECTION 1. SHORT TITLE.
This title may be cited as the ``21st Century Media Responsibility
Act of 2001''.
SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA
PRODUCTS.
(a) Declaration of Policy.--Section 2 of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1331) is amended--
(1) by inserting ``(a) Policy Regarding Cigarettes.--''
before ``It is the policy of the Congress''; and
(2) by adding at the end the following:
``(b) Policy Regarding Violence in Audio and Visual Media
Products.--It is also the policy of Congress, and the purpose of this
Act, to provide for the establishment, use, and enforcement of a
consistent and comprehensive system for labeling violent content in
audio and visual media products (including labeling of such products in
the advertisements for such products), whereby--
``(1) the public may be adequately informed of--
``(A) the nature, context, and intensity of
depictions of violence in audio and visual media
products; and
``(B) matters needed to judge the appropriateness
of the purchase, viewing, listening to, use, or other
consumption of audio and visual media products
containing violent content by minors of various ages;
and
``(2) the public may be assured of--
``(A) the accuracy and consistency of the system in
labeling the nature, context, and intensity of
depictions of violence in audio and visual media
products; and
``(B) the accuracy and consistency of the system in
providing information on matters needed to judge the
appropriateness of the purchase, viewing, listening to,
use, or other consumption of audio and visual media
products containing violent content by minors of
various ages.''.
(b) Labeling of Audio and Visual Media Products.--That Act is
further amended by inserting after section 4 (15 U.S.C. 1333) the
following new section:
``labeling of audio and visual media products
``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and
producers of interactive video game products and services, video
program products, motion picture products, and sound recording products
may submit to the Federal Trade Commission a joint proposal for a
system for labeling the violent content in interactive video game
products and services, video program products, motion picture products,
and sound recording products.
``(2) The proposal under this subsection should, to the maximum
extent practicable, meet the requirements set forth in subsection (b).
``(3)(A) The antitrust laws shall not apply to any joint
discussion, consideration, review, action, or agreement between or
among manufacturers and producers referred to in paragraph (1) for
purposes of developing a joint proposal for a system for labeling
referred to in that paragraph.
``(B) For purposes of this paragraph, the term `antitrust laws' has
the meaning given such term in the first section of the Clayton Act (15
U.S.C. 12) and includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45).
``(b) Requirements for Labeling System.--A system for labeling the
violent content in interactive video game products and services, video
program products, motion picture products, and sound recording products
under this section shall meet the following requirements:
``(1) The label of a product or service shall consist of a
single label which--
``(A) takes into account the nature, context, and
intensity of the depictions of violence in the product
or service; and
``(B) assesses the totality of all depictions of
violence in the product or service.
``(2) The label of a product or service shall specify a
minimum age in years for the purchase, viewing, listening to,
use, or consumption of the product or service in light of the
totality of all depictions of violence in the product or
service.
``(3) The format of the label for products and services
shall--
``(A) incorporate each label provided for under
paragraphs (1) and (2);
``(B) include a symbol or icon, and written text;
and
``(C) be identical for each given label provided
under paragraphs (1) and (2), regardless of the type of
product or service involved.
``(4) In the case of a product or service sold in a box,
carton, sleeve, or other container, the label shall appear on
the box, carton, sleeve, or container in a conspicuous manner.
``(5) In the case of a product or service that is intended
to be viewed, the label shall--
``(A) appear before the commencement of the product
or service;
``(B) appear in both visual and audio form; and
``(C) appear in visual form for at least five
seconds.
``(6) Any advertisement for a product or service shall
include a label of the product or service in accordance with
the applicable provisions of this subsection.
``(c) Federal Trade Commission Responsibilities.--(1)(A) If the
manufacturers and producers referred to in subsection (a) submit to the
Federal Trade Commission a proposal for a labeling system referred to
in that subsection not later than 180 days after the date of the
enactment of the 21st Century Media Responsibility Act of 2001, the
Commission shall review the labeling system contained in the proposal
to determine whether the labeling system meets the requirements set
forth in subsection (b) in a manner that addresses fully the purposes
set forth in section 2(b).
``(B) Not later than 180 days after commencing a review of the
proposal for a labeling system under subparagraph (A), the Commission
shall issue a labeling system for purposes of this section. The
labeling system issued under this subparagraph may include such
modifications of the proposal as the Commission considers appropriate
in order to assure that the labeling system meets the requirements set
forth in subsection (b) in a manner that addresses fully the purposes
set forth in section 2(b).
``(2)(A) If the manufacturers and producers referred to in
subsection (a) do not submit to the Commission a proposal for a
labeling system referred to in that subsection within the time provided
under paragraph (1)(A), the Commission shall prescribe regulations to
establish a labeling system for purposes of this section that meets the
requirements set forth in subsection (b).
``(B) Any regulations under subparagraph (A) shall be prescribed
not later than one year after the date of the enactment of the 21st
Century Media Responsibility Act of 2001.
``(e) Prohibition on Sale or Distribution Without Label.--
Commencing one year after the date of the enactment of the 21st Century
Media Responsibility Act of 2001, a person may not manufacture or
produce for sale or distribution in commerce, package for sale or
distribution in commerce, or sell or distribute in commerce any
interactive video game product or service, video program product,
motion picture product, or sound recording product unless the product
or service bears a label in accordance with the labeling system issued
or prescribed by the Federal Trade Commission under subsection (d)
which--
``(1) is appropriate for the nature, context, and intensity
of the depictions of violence in the product or service; and
``(2) specifies an appropriate minimum age in years for
purchasers and consumers of the product or service.
``(f) Prohibition on Sale in Violation of Age Restriction.--
Commencing one year after the date of the enactment of the 21st Century
Media Responsibility Act of 2001, a person may not sell in commerce an
interactive video game product or service, video program product,
motion picture product, or sound recording product to an individual
whose age in years is less than the age specified as the minimum age in
years for a purchaser and consumer of the product or service, as the
case may be, under the labeling system issued or prescribed by the
Federal Trade Commission under subsection (d).
``(g) Investigations of Improper Labeling.--The Federal Trade
Commission shall have the authority to receive and investigate
allegations that an interactive video game product or service, video
program product, motion picture product, or sound recording product
does not bear a label under the labeling system issued or prescribed by
the Commission under subsection (d) that is appropriate for the product
or service, as the case may be, given the nature, context, and
intensity of the depictions of violence in the product or service.''.
(c) Civil Penalty.--That Act is further amended by inserting after
section 10 (15 U.S.C. 1338) the following new section:
``civil penalty
``Sec. 10A. (a) In General.--Any person who violates subsection (e)
or (f) of section 4A shall be subject to a civil penalty in an amount
not to exceed $10,000 for each such violation.
``(b) Duration of Violation.--In the case of an interactive video
game product or service, video program product, motion picture product,
or sound recording product determined to violate section 4A(e), each
day from the date of the commencement of sale or distribution of the
product or service, as the case may be, to the date of the
determination of the violation shall constitute a separate violation of
subsection (a), and all such violations shall be aggregated together
for purposes of determining the total liability of the manufacturer or
producer of the product or service, as the case may be, for such
violations under that subsection.''.
(d) Short Title of Act.--The first section of that Act (15 U.S.C.
1331 note) is amended to read as follows: ``That this Act may be cited
as the `Federal Cigarette and Media Violence Labeling and Advertising
Act'''. | 21st Century Media Responsibility Act of 2001 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including the appropriateness of such products for minors.Authorizes manufacturers and producers of interactive video game, video program, motion picture, and sound recording products to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling violent content. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Directs the FTC to establish its own labeling system if a proposal is not submitted.Prohibits a person from: (1) manufacturing or producing such a product unless it bears a label meeting requirements of this Act; or (2) selling such product to an individual under the minimum age specified under the labeling system.Provides civil penalties for violations.Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act. | [
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] |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Prescription Drug
Price Monitoring Commission Act of 1998''.
(b) Findings.--The Congress finds the following:
(1) Although prescription drugs represent one of the most
frequently used medical care interventions in treating common
acute and chronic diseases, many Americans, especially elderly
and other vulnerable populations, are unable to afford
necessary medications because of excessive and persistent
prescription drug price inflation.
(2) Between 1981 and 1998, the rate of inflation for
prescription drugs has increased at over 2.5 times the general
rate of inflation.
(3) Because of the limited availability of private or
public prescription drug coverage for the elderly, prescription
drugs represent the highest out-of-pocket medical care cost for
75 percent of elderly patients, surpassed only by costs of
long-term care services.
(4) The Federal Government and the American taxpayer
provide substantial subsidies to the pharmaceutical industry in
the form of tax incentives, tax write-offs, and grants for
nonresearch activities.
(5) According to the most current edition of the Internal
Revenue Service Corporation Source Book of Statistics of
Income, the 1994-95 edition, the pharmaceutical industry
claimed $6,061,807,000 in deductions for advertising and
marketing of their products.
(6) The statistic described in paragraph (5) is not
indicative of the current amounts deducted by prescription drug
manufacturers, since the Food and Drug Administration Reform
Act of 1996, effective taxable year 1996, substantially
expanded the advertising activities the costs of which are
deductible by the pharmaceutical industry.
(7) According to the Internal Revenue Service Corporation
Source Book of Statistics of Income, the pharmaceutical
industry claimed $2,115,690,000 in tax credits to locate their
production facilities in United States possessions.
(8) There is a need to determine whether Federal subsidies
are used in the most efficient manner by the pharmaceutical
industry to develop drugs which represent true therapeutic
advances over those products already on the market.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Prescription
Drug Price Monitoring Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
(a) Studies.--The Commission shall conduct the following studies:
(1) A study of the impact of a pharmaceutical price review
board on containing inflation on the cost of prescription
pharmaceutical products in the United States.
(2) A study on how Federal tax credits and subsidies, as
well as market exclusivity given to the pharmaceutical
industry, can be used to modify an individual manufacturer's
pricing behavior and research priorities.
(3) A study on drug prices in other industrialized nations.
(4)(A) A study on the feasibility of establishing in the
United States a pharmaceutical products price review board.
(B) In conducting the study under subparagraph (A), the
Commission shall--
(i) assess the impact of such a board in other
industrialized nations, such as Canada, on containing
the costs of prescription drugs and the introductory
prices of new drugs;
(ii) recommend how such a board might operate in
the United States, including the membership of the
Board;
(iii) recommend guidelines that might be used by
the board in determining whether prices or price
increases for prescription drugs are excessive and
whether the introductory prices of new drugs are
excessive; and
(iv) recommend incentives for drug manufacturers to
price their products fairly in the United States,
including a system of compulsory licensing of
pharmaceutical products or a reduction in the period of
market exclusivity as a penalty for excessive
inflation.
(b) Reports.--
(1) Annual reports.--The Commission shall submit to the
Congress an annual report (by not later than January 1 of each
year beginning with 1999) which shall include information and
recommendations regarding national and international drug
policy issues, such as--
(A) trends and changes in prices for prescription
and nonprescription drugs in the inpatient and
outpatient setting in the United States;
(B) trends and changes in prices for prescription
drugs in other industrialized nations, such as Canada,
Japan, Mexico, and countries of the European Union;
(C) the scope of coverage, reimbursement, and
financing under titles XVIII and XIX of the Social
Security Act and other programs that directly provide or receive
Federal funds to provide coverage for or reimbursement of prescription
drugs, such as the Department of Veterans Affairs, the Department of
Defense, and Public Health Service clinics;
(D) the availability and affordability of
prescription drugs for various population groups in the
United States, and the accessibility and affordability
of public and private insurance programs for
prescription drugs for such population groups;
(E) changes in the level and nature of use of
prescription drugs by recipients of benefits under
titles XVIII and XIX of the Social Security Act, taking
into account the impact of such changes on aggregate
expenditures under these titles;
(F) recommendations to make prescription drugs more
affordable and cost-effective for third-party insurers,
including State-based pharmaceutical assistance and
general assistance programs;
(G) evaluation of technologies available for
efficient third-party prescription drug program
administration, such as electronic claims management
and payment technologies;
(H) methods of providing reimbursement under
Federal health care programs to providers for drug
products;
(I) evaluation of the use and efficiency of all
Federal tax credits and subsidies given to the
pharmaceutical industry for various purposes, including
the tax credit allowed under section 936 of the
Internal Revenue Code of 1986; and
(J) evaluation of the effect of direct marketing on
price, the volume of sales, and advertising deductions.
(2) Special report.--The Commission shall submit to the
Committee on Finance of the United States Senate, the Committee
on Commerce and the Committee on Ways and Means of the House of
Representatives, and the Special Committee on Aging of the
United States Senate, by not later than October 1, 1999, a
report on the study conducted under subsection (a)(4).
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 7
members appointed as follows:
(1) The President shall appoint three members.
(2) The Speaker of the House of Representatives shall
appoint one member.
(3) The minority leader of the House of Representatives
shall appoint one member.
(4) The majority leader of the Senate shall appoint one
member.
(5) The minority leader of the Senate shall appoint one
member.
(b) Qualifications.--
(1) In general.--The membership of the Commission shall
include the following:
(A) Individuals with national recognition for their
expertise in the provision and financing of inpatient
and outpatient drugs and biologicals.
(B) Individuals with national recognition for their
expertise in the fields of health care economics and
quality assurance, medicine, pharmacology, pharmacy,
and prescription drug reimbursement.
(C) Other health care professionals.
(D) At least one individual who is an advocate for
medicare and medicaid recipients.
(2) Limitation.--No more than 2 individuals who are, or
have been, in the full- or part-time employ of a pharmaceutical
company within one year from the date of appointment under
subsection (a) may be appointed to the Commission at any time.
(c) Chairman.--The Chairman shall be elected by the members.
(d) Deadline for Appointment.--Members of the Commission shall be
appointed not later than October 1, 1998.
(e) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(g) Quorum.--Four members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(h) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) In General.--The following provisions of section 1805 of the
Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission
in the same manner as they apply to the Medicare Payment Advisory
Commission:
(1) Subsection (c)(4) (relating to compensation of
members).
(2) Subsection (d) (relating to staffing and
administration).
(3) Subsection (e) (relating to powers of the Commission
generally).
(b) Technical Assistance.--Upon the request of the Commission, the
head of a Federal agency shall provide such technical assistance to the
Commission as the Commission determines to be necessary to carry out
its duties.
SEC. 6. TERMINATION.
The Commission shall terminate on October 1, 2003.
SEC. 7. STUDY AND REPORT ON FEDERAL SUBSIDIES AND INCENTIVES PROVIDED
TO THE PHARMACEUTICAL INDUSTRY.
(a) Study.--The Secretary of Health and Human Services, in
consultation with Secretary of the Treasury, shall conduct a study on
Federal subsidies and incentives provided to the pharmaceutical
industry. Matters studied shall include--
(1) a determination of the total cost over the 5 preceding
fiscal years to Federal taxpayers of all Federal subsidies
provided to the pharmaceutical industry (including tax
incentives, subsidies, grants, and any other financial
support);
(2)(A) the purposes for which such Federal subsidies are
used by the pharmaceutical industry;
(B) the Federal role in researching and developing patented
pharmaceutical products and the extent to which the Federal
Government should co-license certain drugs and biologicals;
(C) the extent to which pharmaceutical industry marketing
research costs are incorporated into allowable Federal tax
credits;
(D) comparable financial incentives, subsidies, and tax
credits provided to the pharmaceutical industry by other
industrialized nations and the use of such incentives,
subsidies, and credits by such industry;
(E) the relationship between the total Federal financial
support provided to the pharmaceutical industry by the United
States and other industrialized nations and the prices paid by
the citizens of such respective nations for prescription drugs;
and
(F) the extent to which tax credits provided by the Federal
Government subsidize total worldwide pharmaceutical industry
research and development; and
(3) the relation of Federal tax credits to pharmaceutical
manufacturers and marketing exclusivity for drug products to--
(A) an individual manufacturer's pricing behavior
in the marketplace; and
(B) the relative therapeutic value of new
pharmaceutical products researched, developed, and
marketed in the United States.
(b) Report.--Not later than July 1, 1999, the Secretary of Health
and Human Services, after consultation with the Secretary of the
Treasury, shall submit a report to the Committee on Finance of the
United States Senate, the Committee on Commerce and the Committee on
Ways and Means of the United States House of Representatives, and the
Special Committee on Aging of the United States Senate, on the study
conducted under subsection (a), and shall include such recommendations
as the Secretary of Health and Human Services deems appropriate.
SEC. 8. MANUFACTURER INTERNATIONAL DRUG PRICE REPORTING REQUIREMENTS.
(a) In General.--Subparagraph (A) of section 1927(b)(3) of the
Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended--
(1) by striking ``and'' at the end of clause (i),
(2) by striking the period at the end of clause (ii) and
inserting ``, and'', and
(3) by adding at the end thereof the following new clause:
``(iii) not later than 30 days after the
end of each calendar year, the average price at
which the manufacturer sold each covered
outpatient drug in such calendar year in the
following countries: Canada, Australia, Mexico,
and the countries of the European Union.''.
(b) Technical Amendment.--Clause (ii) of section 1927(b)(3)(A) of
such Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by inserting a comma
after ``1990''. | Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning U.S. pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date.
Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry.
Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year (currently, after each rebate period) on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Online Communication
Enforcement Act of 2000''.
SEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER
NETWORKS.
(a) In General.--Section 2703(b) of title 18, United States Code,
is amended by striking paragraph (1) and inserting the following new
paragraph (1):
``(1) In general.--A governmental entity may require a
provider of remote computing service to disclose the contents
of any electronic communication to which this paragraph is made
applicable by paragraph (2)--
``(A) pursuant to a warrant issued under the
Federal Rules of Criminal Procedure or equivalent State
warrant, a copy of which warrant shall be served on the
subscriber or customer of such remote computing service
before or at the same time the warrant is served on the
provider of the remote computing service; or
``(B) pursuant to a Federal or State grand jury or
trial subpoena, a copy of which subpoena shall be
served on the subscriber or customer of such remote
computing service under circumstances allowing the
subscriber or customer a meaningful opportunity to
challenge the subpoena.''.
(b) Conforming Amendments.--Paragraph (2) of that section is
amended--
(1) by indenting the paragraph 2 ems;
(2) by inserting ``Applicability.--'' after ``(2)''; and
(3) by indenting subparagraphs (A) and (B) 4 ems.
SEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICATIONS.
(a) Applicability of Limitations on Disclosure of Communication
Records.--Paragraph (1) of section 2703(c) of title 18, United States
Code, is amended--
(1) in subparagraph (A)--
(A) by inserting ``, or an operator of an Internet
Web site (including an agent of such operator) or other
third party,'' after ``remote computing service''; and
(B) by inserting ``or Internet Web site'' after
``of such service''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i)--
(i) by inserting ``, or an operator of an
Internet Web site (including an agent of such
operator) or other third party,'' after
``remote computing service''; and
(ii) by inserting ``or Internet Web site''
after ``of such service''; and
(B) in clause (iv), by inserting ``or operator''
after ``of such provider''.
(b) Disclosure of Communication Records to Non-Government
Entities.--Paragraph (1)(A) of such section is further amended by
striking ``other than a government entity.'' and inserting ``other than
a government entity only if the disclosure is--
``(i) necessary to initiate, provide, bill, or collect for
such service or for access to or use of such Internet Web site;
``(ii) necessary to protect the rights or property of the
provider of such service or Internet Web site;
``(iii) made at the request of the subscriber or customer;
``(iv) made with the affirmative consent of the subscriber
or customer given at the time the disclosure is sought; or
``(v) required by law.''.
(c) Information Covered by Limitations on Disclosure.--Such section
is further amended in paragraphs (1)(A) and (1)(B) by inserting before
the end parenthesis the following: ``, but including information
generated in the process of accessing or otherwise using the
Internet''.
(d) Disclosure of Aggregate Information.--Such section is further
amended by adding at the end the following new paragraph:
``(3) Nothing in this subsection may be construed to prohibit a
provider of electronic communication service or remote computing
service, operator of an Internet Web site (including an agent of such
operator), or third party from using, disclosing, or permitting access
to aggregate customer or subscriber information from which individual
customer or subscriber information and characteristics have been
removed.''.
(e) Protection of Service.--Such section is further amended by
adding at the end the following new paragraph:
``(4) A provider of electronic communication service or remote
computing service or operator of an Internet Web site may not terminate
the provision of such service or access to or use of such Internet Web
site to an individual who refuses to consent to the disclosure of
records or other information under paragraph (1)(A)(iv) as a result of
such refusal.''.
(f) Federal Preemption.--Such section is further amended by adding
at the end the following new paragraph:
``(5) This subsection preempts any State or local law regarding the
disclosure by providers of electronic communication service or remote
computing service and operators of Internet Web sites of records or
other information covered by this subsection.''.
(g) Conforming Amendment.--The subsection heading of such section
is amended by striking ``or Remote Computing Service'' and inserting
``, Remote Computing Service, or Internet Web Site''.
(h) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment. | (Sec. 3) Includes an operator of an Internet web site (including an agent of such operator) or other third party within the scope of limitations on disclosure of records currently applicable to electronic communication service (ECS), and remote computing service (RCS), providers.
Limits any such disclosure to non-government entities except: (1) as necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet web site, or to protect the rights or property of the provider; (2) as made at the request of the subscriber or customer, or with the affirmative consent of the subscriber or customer given at the time the disclosure is sought; or (3) as required by law.
Includes within the scope of such restrictions on disclosure information generated in the process of accessing or otherwise using the Internet.
Authorizes a provider of ECS or RCS, operator of an Internet web site, or third party to use, disclose, or permit access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed.
Prohibits a provider of ECS, RCS, or an operator of an Internet web site from terminating the provision of such service or access to, or use of, such web site to an individual who refuses to consent to the disclosure of records or other information under this Act as a result of such refusal.
Preempts any State or local law regarding the disclosure by providers of ECS, RCS, and operators of Internet web sites of records or other information covered by this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Truth and Fairness Act of
1997''.
SEC. 2. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE.
(a) Soft Money of Committees of Political Parties.--Title III of
the Federal Election Campaign Act of 1971 is amended by adding at the
end the following new section:
``soft money of political party committees
``Sec. 323. (a) Limitations on National Committee.--(1) A national
committee of a political party and the congressional campaign
committees of a political party may not solicit or accept contributions
or transfers not subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(2) Paragraph (1) shall not apply to contributions--
``(A) that--
``(i) are to be transferred to a State committee of
a political party and are used solely for activities
described in clauses (xi) through (xvii) of paragraph
(9)(B) of section 301; or
``(ii) are described in section 301(8)(B)(viii);
and
``(B) with respect to which contributors have been notified
that the funds will be used solely for the purposes described
in subparagraph (A).
``(b) Activities Subject to This Act.--Any amount solicited,
received, expended, or disbursed directly or indirectly by a national,
State, district, or local committee of a political party with respect
to any of the following activities shall be subject to the limitations,
prohibitions, and reporting requirements of this Act:
``(1)(A) Any get-out-the-vote activity conducted during a
calendar year in which an election for the office of President
is held.
``(B) Any other get-out-the-vote activity unless subsection
(c)(2) applies to the activity.
``(2) Any generic campaign activity.
``(3) Any activity that identifies or promotes a Federal
candidate, regardless of whether--
``(A) a State or local candidate is also identified
or promoted; or
``(B) any portion of the funds disbursed
constitutes a contribution or expenditure under this
Act.
``(4) Voter registration.
``(5) Development and maintenance of voter files during an
even-numbered calendar year.
``(6) Any other activity that--
``(A) significantly affects a Federal election, or
``(B) is not otherwise described in section
301(9)(B)(xvii).
Any amount spent to raise funds that are used, in whole or in part, in
connection with activities described in the preceding paragraphs shall
be subject to the limitations, prohibitions, and reporting requirements
of this Act.
``(c) Get-Out-The-Vote Activities By State, District, and Local
Committees of Political Parties.--(1) Except as provided in paragraph
(2), any get-out-the-vote activity for a State or local candidate, or
for a ballot measure, which is conducted by a State, district, or local
committee of a political party shall be subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(2) Paragraph (1) shall not apply to any activity which the State
committee of a political party certifies to the Commission is an
activity which--
``(A) is conducted during a calendar year other than a
calendar year in which an election for the office of President
is held,
``(B) is exclusively on behalf of (and specifically
identifies only) one or more State or local candidates or
ballot measures, and
``(C) does not include any effort or means used to identify
or turn out those identified to be supporters of any Federal
candidate (including any activity that is undertaken in
coordination with, or on behalf of, a candidate for Federal
office).
``(d) State Party Grassroots Funds.--(1) A State committee of a
political party may make disbursements and expenditures from its State
Party Grassroots Fund only for--
``(A) any generic campaign activity;
``(B) payments described in clauses (v), (x), and (xii) of
paragraph (8)(B) and clauses (iv), (viii), and (ix) of
paragraph (9)(B) of section 301;
``(C) subject to the limitations of section 315(d),
payments described in clause (xii) of paragraph (8)(B), and
clause (ix) of paragraph (9)(B), of section 301 on behalf of
candidates other than for President and Vice President;
``(D) voter registration; and
``(E) development and maintenance of voter files during an
even-numbered calendar year.
``(2) Notwithstanding section 315(a)(4), no funds may be
transferred by a State committee of a political party from its State
Party Grassroots Fund to any other State Party Grassroots Fund or to
any other political committee, except a transfer may be made to a
district or local committee of the same political party in the same
State if such district or local committee--
``(A) has established a separate segregated fund for the
purposes described in paragraph (1); and
``(B) uses the transferred funds solely for those purposes.
``(e) Amounts Received by Grassroots Fund From State and Local
Candidate Committees.--(1) Any amount received by a State Party
Grassroots Fund from a State or local candidate committee for
expenditures described in subsection (b) that are for the benefit of
that candidate shall be treated as meeting the requirements of
subsection (b) if--
``(A) such amount is derived from funds which meet the
requirements of this Act with respect to any limitation or
prohibition as to source or dollar amount specified in section
315(a) (1)(A) and (2)(A); and
``(B) the State or local candidate committee--
``(i) maintains, in the account from which payment
is made, records of the sources and amounts of funds
for purposes of determining whether such requirements
are met; and
``(ii) certifies that such requirements were met.
``(2) For purposes of paragraph (1)(A), in determining whether the
funds transferred meet the requirements of this Act described in such
paragraph--
``(A) a State or local candidate committee's cash on hand
shall be treated as consisting of the funds most recently
received by the committee, and
``(B) the committee must be able to demonstrate that its
cash on hand contains sufficient funds meeting such
requirements as are necessary to cover the transferred funds.
``(3) Notwithstanding paragraph (1), any State Party Grassroots
Fund receiving any transfer described in paragraph (1) from a State or
local candidate committee shall be required to meet the reporting
requirements of this Act, and shall submit to the Commission all
certifications received, with respect to receipt of the transfer from
such candidate committee.
``(4) For purposes of this subsection, a State or local candidate
committee is a committee established, financed, maintained, or
controlled by a candidate for other than Federal office.
``(f) Related Entities.--The provisions of this Act shall apply to
any entity that is established, financed, or maintained by a national
committee or State committee of a political party in the same manner as
they apply to the national or State committee.''
(b) Contributions and Expenditures.--
(1) Contributions.--Section 301(8)(B) of such Act (2 U.S.C.
431(8)(B)) is amended--
(A) by striking ``and'' at the end of clause
(xiii);
(B) by striking clause (xiv); and
(C) by adding at the end the following new clauses:
``(xiv) any amount contributed to a
candidate for other than Federal office;
``(xv) any amount received or expended to
pay the costs of a State or local political
convention;
``(xvi) any payment for campaign activities
that are exclusively on behalf of (and
specifically identify only) State or local
candidates and do not identify any Federal
candidate, and that are not activities
described in section 323(b) (without regard to
paragraph (6)(B)) or section 323(c)(1);
``(xvii) any payment for administrative
expenses of a State or local committee of a
political party, including expenses for--
``(I) overhead, including party
meetings;
``(II) staff (other than
individuals devoting a significant
amount of their time to elections for
Federal office and individuals engaged
in conducting get-out-the-vote activities for a Federal election); and
``(III) conducting party elections
or caucuses;
``(xviii) any payment for research
pertaining solely to State and local candidates
and issues;
``(xix) any payment for development and
maintenance of voter files other than during
the 1-year period ending on the date during an
even-numbered calendar year on which regularly
scheduled general elections for Federal office
occur; and
``(xx) any payment for any other activity
which is solely for the purpose of influencing,
and which solely affects, an election for non-
Federal office and which is not an activity
described in section 323(b) (without regard to
paragraph (6)(B)) or section 323(c)(1).''.
(2) Expenditures.--Section 301(9)(B) of such Act (2 U.S.C.
431(9)(B)) is amended--
(A) by striking ``and'' at the end of clause (ix);
(B) by striking the period at the end of clause (x)
and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(xi) any amount contributed to a
candidate for other than Federal office;
``(xii) any amount received or expended to
pay the costs of a State or local political
convention;
``(xiii) any payment for campaign
activities that are exclusively on behalf of
(and specifically identify only) State or local
candidates and do not identify any Federal
candidate, and that are not activities
described in section 323(b) (without regard to
paragraph (6)(B)) or section 323(c)(1);
``(xiv) any payment for administrative
expenses of a State or local committee of a
political party, including expenses for--
``(I) overhead, including party
meetings;
``(II) staff (other than
individuals devoting a significant
amount of their time to elections for
Federal office and individuals engaged
in conducting get-out-the-vote
activities for a Federal election); and
``(III) conducting party elections
or caucuses;
``(xv) any payment for research pertaining
solely to State and local candidates and
issues;
``(xvi) any payment for development and
maintenance of voter files other than during
the 1-year period ending on the date during an
even-numbered calendar year on which regularly
scheduled general elections for Federal office
occur; and
``(xvii) any payment for any other activity
which is solely for the purpose of influencing,
and which solely affects, an election for non-
Federal office and which is not an activity
described in section 323(b) (without regard to
paragraph (6)(B)) or section 323(c)(1).''.
SEC. 3. EQUALIZATION OF MULTICANDIDATE POLITICAL COMMITTEE CANDIDATE
CONTRIBUTION LIMITATION WITH LIMITATION APPLICABLE TO
OTHER PERSONS.
(a) Persons Generally.--Section 315(a)(1)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by
striking out ``$1,000'' and inserting in lieu thereof ``$2,500''.
(b) Multicandidate Political Committees.--Section 315(a)(2)(A) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is
amended by striking out ``$5,000'' and inserting in lieu thereof
``$2,500''.
SEC. 4. LIMITATION ON PERSONAL CONTRIBUTIONS BY CANDIDATES IN HOUSE OF
REPRESENTATIVES ELECTIONS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not make contributions of
more than $100,000 to the campaign of the candidate with respect to an
election cycle. As used in this subsection, the term `election cycle'
means, with respect to a candidate, the period beginning on the day
after the date of the most recent general election for the office
involved and ending on the date of the next general election for such
office.''. | Campaign Truth and Fairness Act of 1997 - Amends the Federal Election Campaign Act of 1971 to prohibit a national committee or a congressional campaign committee of a political party from soliciting or accepting contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of such Act (soft money). Specifies exceptions and inclusions, including get-out-the-vote activities.
Specifies permitted State Party Grassroots Fund expenditures.
Sets forth specified "contribution" and "expenditure" exclusions.
Increases individual contribution limits to a candidate and his or her political committee, and decreases similar multicandidate political committee limits, to $2,500.
Limits personal contributions by a candidate for the House of Representatives to $100,000 per campaign cycle. | [
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SECTION 1. SHORT TITLE; CONGRESSIONAL APPROVAL OF GAO FINDINGS.
(a) Short Title.--This Act may be cited as the ``Immigration Anti-
Discrimination Improvement Act of 1993''.
(b) Congressional Approval of GAO Findings.--The Congress approves
the findings of the Comptroller General contained in the General
Accounting Office (GAO) report entitled ``Immigration Reform: Employer
Sanctions and the Question of Discrimination'', dated March 29, 1990
(identification number GAO/GGD-90-92).
SEC. 2. APPLICATION OF PENALTIES FOR VIOLATION OF ANTI-DISCRIMINATION
PROVISIONS.
(a) In General.--Section 274B(c) of the Immigration and Nationality
Act (8 U.S.C. 1324b(c)) is amended by adding at the end the following
new paragraph:
``(5) Use of funds.--Notwithstanding section 3302 of title
31, United States Code, all civil penalties collected under
this section shall be credited to the appropriation to be used
in carrying out this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to penalties assessed during fiscal years beginning with fiscal
year 1994.
SEC. 3. INCREASE IN BUDGET AUTHORIZATION FOR SPECIFIC ENFORCEMENT.
In addition to any other accounts authorized to be appropriated,
there are authorized to be appropriated for each fiscal year (beginning
with fiscal year 1994), $10,000,000 for activities of regional offices
of the Special Counsel for Immigration-Related Unfair Employment
Practices within the Department of Justice.
SEC. 4. ANNUAL REPORTS.
Section 274B of the Immigration and Nationality Act (8 U.S.C.
1324b) is amended by adding at the end the following new subsection:
``(m) Annual Reports.--
``(1) GAO.--The Comptroller General shall submit to
Congress each year a report concerning--
``(A) the pervasiveness of unfair immigration-
related employment practices described in subsection
(a), and
``(B) enforcement under this section with respect
to such practices.
``(2) Attorney general.--The Attorney General shall submit
to Congress each year a report on the enforcement actions under
this section (and under title VII of the Civil Rights Act of
1964) with respect to unfair immigration-related employment
practices described in subsection (a).''.
SEC. 5. RECEIPT OF CHARGES THROUGH DISTRICT OFFICES.
Section 274B(c)(4) of the Immigration and Nationality Act (8 U.S.C.
1324b(c)(4)) is amended by adding at the end the following: ``The
Special Counsel shall provide for agreements with Federal and State
agencies involved with enforcement of laws relating to prohibiting
discrimination on the basis of national origin under which such
agencies would receive charges respecting unfair immigration-related
employment practices under this section and promptly forward such
charges to the Special Counsel.''.
SEC. 6. NATIONAL HOTLINE.
Section 274B(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1324b(c)(2)) is amended by adding at the end the following new
sentence: ``The Special Counsel shall establish a national, toll-free
telephone service to receive charges of unfair immigration-related
employment practices and otherwise provide for such outreach efforts as
will educate the public concerning the provisions of this section.''.
SEC. 7. TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS.
The Attorney General, through or in consultation with the Special
Counsel for Immigration-Related Unfair Employment Practices, shall
provide technical assistance to States and local governments concerning
the provisions of section 274A and 274B of the Immigration and
Nationality Act and the roles provided for receipt of charges of
violations of such sections.
SEC. 8. MONITORING PANEL.
The Attorney General shall establish a monitoring panel, composed
of citizens, representatives of the Mexican American Legal Defense and
Education Fund, La Raza, and other community-based organizations, civil
rights groups, public interest groups, and nonprofit foundations, to
monitor the application of the anti-discrimination provisions in
section 274B of the Immigration and Nationality Act and to report
annually to the Attorney General and the Congress respecting such
implementation.
SEC. 9. DEPARTMENT FROM FEDERAL CONTRACTS AS ADDITIONAL SANCTION FOR
PERVASIVE VIOLATORS.
(a) In General.--Section 274B(g)(2) of the Immigration and
Nationality Act (8 U.S.C. 1324b(g)(2)) is amended by adding at the end
the following new subparagraph:
``(E) Additional remedy.--If an administrative law
judge determines that a person or entity has engaged in
or is engaging in a pervasive pattern of unfair
immigration-related employment practices, the judge may
order the person or entity to be disqualified from
being issued any contract under Federal law during a
period of up to 1 year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to unfair immigration-related employment practices occurring on
or after the date of the enactment of this Act. | Immigration Anti-Discrimination Improvement Act of 1993 - Expresses congressional approval of a specified General Accounting Office immigration employment discrimination report.
Increases budget authority for Department of Justice regional offices of the Special Counsel for Immigration-Related Unfair Employment Practices.
Amends the Immigration and Nationality Act with regard to unfair immigration-related employment provisions to: (1) authorize penalties collected under such provisions to be used in carrying out enforcement activities; (2) require inclusion of enforcement and related activities in certain reports to the Congress; (3) establish a national toll-free telephone hotline; (4) subject persons who engage in pervasive violations of such provisions to a one-year Federal contract disqualification; and (5) provide for District Office receipt of charges.
Directs the Attorney General to appoint a citizens and community group panel, including members of specified Mexican-American organizations, to monitor the application of such anti-discrimination provisions and to report annually to the Attorney General and to the Congress. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''.
SEC. 2. WITHDRAWAL OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.
(a) In General.--Notwithstanding any other provision of law, if any
of the coal preference right lease applications captioned NMNM 3752,
NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM
3919, NMNM 6802, NMNM 7235 and NMNM 8745 are withdrawn by the holder or
holders of the applications, the Secretary of the Interior, acting
through the Bureau of Land Management (referred to in this Act as the
``Secretary''), shall issue under section 4(a)(2) to each such holder
or holders a certificate of bidding rights (in such form and manner as
provided for under regulations promulgated by the Secretary under the
Mineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the
combined fair market value, as determined under section 3, of the coal
reserves for each coal preference right lease application withdrawn by
the holder.
(b) Relinquishment.--The relinquishment of all rights associated
with the coal preference lease applications withdrawn shall be
effective on the date of the issuance of the certificate of bidding
rights under section 4(a)(2).
(c) No Adjudication.--The withdrawals and issuances required under
subsection (a) shall occur without any further adjudication of coal
preference right lease applications by the Secretary.
SEC. 3. METHOD FOR DETERMINING FAIR MARKET VALUE.
(a) In General.--Notwithstanding any other provision of law, this
section shall apply to the issuance of a certificate of bidding rights
under section 4(a)(2).
(b) Value of Coal Reserves.--
(1) In general.--The fair market value of the coal reserves
of any coal preference right lease application withdrawn under
section 2(a) shall be determined by the panel established under
paragraph (2).
(2) Panel.--
(A) Establishment.--Not later than 30 days after
the date of enactment of this Act, the Secretary shall
establish a panel to determine the fair market value of
the coal reserves of any coal preference right lease
applications withdrawn under section 2(a).
(B) Membership.--The panel shall be composed of 3
representatives, of whom--
(i) 1 representative shall be appointed by
the Secretary;
(ii) 1 representative shall be appointed by
the holder of the preference right lease
application; and
(iii) 1 representative shall be appointed
by the Governor of the State of New Mexico.
(3) Mineral appraiser.--The Secretary shall contract with a
qualified coal reserve appraiser to assist the panel
established under paragraph (2)(A) in determining the fair
market value of a coal reserve.
(4) Supplemental information.--In determining the fair
market value of a coal reserve, the panel may supplement any
information provided to the panel, as the panel determines to
be appropriate.
(5) Determination.--Not later than 75 days after the date
on which the panel is established under paragraph (2)(A), the
panel shall submit to the Secretary the determination of the
panel with respect to the fair market value of a coal reserve
of any coal preference right lease application withdrawn by the
holder.
SEC. 4. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE
APPLICATIONS.
(a) In General.--Notwithstanding any other provision of law, not
later than 120 days after the withdrawal of a coal preference right
lease application, the Secretary shall--
(1) issue to the Navajo Nation patents to the land,
including the mineral estate, subject to the coal preference
right lease application withdrawn--
(A) in full and final satisfaction of the right of
the Navajo Nation to select land in New Mexico under
section 11 of the Navajo-Hopi Land Settlement Act of
1974 (25 U.S.C. 640d-10); and
(B) to facilitate land consolidation and facilitate
mineral development in northwest New Mexico; and
(2) issue a certificate of bidding rights in the amount of
the fair market value determined under section 3.
(b) Enforcement.--The duties of the Secretary under this section
shall be considered nondiscretionary and enforceable in a mandamus
proceeding brought under section 1361 of title 28, United States Code.
SEC. 5. USE OF EXCHANGE BIDDING RIGHTS.
(a) In General.--Notwithstanding any other provision of law--
(1) a certificate of bidding rights issued under section
4(a)(2) shall--
(A) be subject to such procedures as the Secretary
may establish pertaining to notice of transfer and
accountings of holders and their balances;
(B) be transferable by the holder or holders of the
certificate of bidding rights in whole or in part; and
(C) constitute a monetary credit that, subject to
paragraph (2), may be applied, at the election of the
holder or holders of the certificate of bidding rights,
against--
(i) rentals, advance royalties, or
production royalties payable to the Secretary
under Federal coal leases; and
(ii) bonus payments payable to the
Secretary in the issuance of a Federal coal
lease or Federal coal lease modification under
the coal leasing provisions of the Mineral
Leasing Act (30 U.S.C. 181 et seq.); and
(2) in a case in which a certificate of bidding rights
issued under section 4(a)(2) is applied by the holder or
holders of the certificate of bidding rights as a monetary
credit against a payment obligation under a Federal coal lease,
the holder or holders--
(A) may apply the bidding rights only against 50
percent of the amount payable under the lease; and
(B) shall pay the remaining 50 percent as provided
for under the lease in cash or cash equivalent.
(b) Payment Under Lease Obligations.--Any payment of a Federal coal
lease obligation by the holder or holders of a certificate of bidding
rights issued under section 4(a)(2)--
(1) shall be treated as money received under section 35 of
the Mineral Leasing Act (30 U.S.C. 191); but
(2) shall be credited and redistributed by the Secretary
only as follows:
(A) 50 percent of the amount paid in cash or its
equivalent shall be--
(i) distributed to the State in which the
lease is located; and
(ii) treated as a redistribution under
section 35 of the Mineral Leasing Act (30
U.S.C. 191).
(B) 50 percent of the amount paid through a
crediting of the bidding rights involved shall be
treated as a payment that is subject to redistribution
under that section to the Reclamation and Miscellaneous
Receipts accounts in the Treasury. | Bisti PRLA Dispute Resolution Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management, if any of specified coal preference right lease applications are withdrawn by the holder or holders of those applications, to issue to each such holder a certificate of bidding rights that constitutes the combined fair market value of the coal reserves for each coal preference right lease application withdrawn by the holder. Provides that such withdrawals and issuances shall occur without any further adjudication of coal preference right lease applications.
Directs the Secretary to establish a panel to determine the fair market value of the coal reserves of any coal preference right applications withdrawn under this Act. Instructs the Secretary to contract with a qualified coal reserve appraiser to assist the panel.
Directs the Secretary, after the withdrawal of a coal preference right lease application, to: (1) issue to the Navajo Nation patents to the land, including the mineral estate, subject to such withdrawn application in full and final satisfaction of the right of the Navajo Nation to select land in New Mexico and to facilitate land consolidation and mineral development in northwest New Mexico; and (2) issue a certificate of bidding rights in the amount of the fair market value of the coal reserves of such application. Provides that the Secretary's duties in issuing such patents and certificates shall be considered nondiscretionary and enforceable in a mandamus proceeding.
Sets forth provisions regarding the use of exchange bidding rights. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Medicines Utilization Act
of 2011''.
SEC. 2. SAVINGS REBATE FOR STATES THAT INCREASE GENERIC DRUG
UTILIZATION UNDER MEDICAID.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by inserting after subsection (g) the following:
``(h)(1) With respect to each of fiscal years 2012, 2013, and 2014,
if the generic substitution rate determined for the State under section
1927(l)(2) for the most recent preceding fiscal year for which data are
available is greater than the State's generic substitution rate (as so
determined) for the second most recent preceding fiscal year for which
data are available, the amount determined under subsection (a)(1) for
the State for each quarter of the fiscal year shall be increased by an
amount equal to 50 percent of the generic drug utilization savings
amount determined for the State and the quarter under paragraph (2).
``(2) The generic drug utilization savings amount determined under
this paragraph with respect to a State and a quarter is the product
of--
``(A) the difference between the--
``(i) total amount expended by the State for the
corresponding quarter of the preceding fiscal year for
providing medical assistance for multiple source drugs
(as defined in section 1927(k)(7)(A)(i)), as determined
after the application of section 1927(b)(1)(B); and
``(ii) total amount expended by the State for the
quarter involved for providing medical assistance for
such drugs (as so determined); and
``(B) the State percentage determined for the State under
section 1905(b).''.
(b) Annual Determination of State Generic Substitution Rates and
Performance Rankings.--Section 1927 of the Social Security Act (42
U.S.C. 1396r-8) is amended by adding at the end the following:
``(l) Annual Determination of State Generic Substitution Rates and
Performance Rankings.--
``(1) In general.--Not later than January 1, 2012, and
annually thereafter, the Secretary shall determine the generic
substitution rate (as defined in paragraph (2)) for each State
for the most recent preceding fiscal year and the second most
recent preceding fiscal year for which data are available. The
Secretary annually shall publish on the Internet Web site of
the Centers for Medicare & Medicaid Services the generic
substitution rates determined for each State for such preceding
fiscal years and, with respect to a State, the percentage
increase or decrease in such rates when compared with each
other. On the basis of such comparison, the Secretary shall
list the States in order of the States with the greatest
increase in the generic substitution rate.
``(2) Generic substitution rate.--In paragraph (1), the
term `generic substitution rate' means, with respect to a
State, the share of all drug units for which payment is made to
the State under this title for the 20 most widely prescribed
multiple source drugs under the State program under this title
that have a specific National Drug Code and meet the
requirements of subsection (k)(7)(A)(i).''.
(c) Evaluation and Report.--
(1) In general.--Not later than December 31, 2014, the
Secretary of Health and Human Services shall evaluate and
report to Congress on the effectiveness of the generic drug
utilization savings payments authorized under section 1903(h)
of the Social Security Act (42 U.S.C. 1396b(h)) (as added by
subsection (a)) in encouraging States to increase their
Medicaid generic substitution rate. The evaluation shall
include the following:
(A) An analysis of the amounts each State Medicaid
program saves through increased generic drug
substitution.
(B) An analysis of any indirect savings to State
Medicaid programs through increased medication
adherence due to increased accessibility and
affordability of prescriptions.
(C) An analysis of future estimated savings to
State Medicaid programs and the Federal Government
after termination of the generic drug utilization
savings payments authorized under such section.
(2) Medicaid generic substitution rate.--In paragraph (1),
the term ``Medicaid generic substitution rate'' has the meaning
given the term ``generic substitution rate'' under section
1927(l)(2) of the Social Security Act (42 U.S.C. 1396r-8(l)(2))
(as added by subsection (b)).
SEC. 3. INNOVATIVE HEALTH CARE SAVINGS PROGRAM.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by adding at the end the following:
``(aa) Innovative Health Care Savings Program.--
``(1) In general.--In addition to the payments provided
under subsection (a), subject to paragraph (5), the Secretary
shall provide for payments to eligible States for the
implementation of programs to achieve reductions in
expenditures under this title or under title XVIII.
``(2) Eligible state.--A State is eligible for a payment
under this subsection if the State achieves a generic
substitution rate (as determined under section 1927(l)(2)) of
at least 92 percent.
``(3) Use of funds.--A State may only use funds received
through a payment under this subsection to implement programs
to achieve reductions in expenditures under this title or title
XVIII (such as innovative approaches to cost savings and health
care delivery).
``(4) Application, terms, and conditions.--
``(A) Application.--No payments shall be made to a
State under this subsection unless the State applies to
the Secretary for such payments in a form, manner, and
time specified by the Secretary and such application is
approved by the Secretary.
``(B) Terms and conditions.--Payments made under
this subsection are made under such terms and
conditions consistent with this subsection as the
Secretary prescribes.
``(5) Funding.--
``(A) Limitation.--The total amount of payments
under this subsection for a quarter shall not exceed 5
percent of the sum of the generic drug utilization
savings amount (as determined under subsection (h)(2))
for all States for the quarter. This subsection
constitutes budget authority in advance of
appropriations Acts and represents the obligation of
the Secretary to provide for the payment of amounts
provided under this subsection.
``(B) Allocation of funds.--The Secretary shall
specify a method for allocating the funds made
available under this subsection among eligible States.
``(C) Form and manner of payment.--Payment to an
eligible State under this subsection shall be made in
the same manner as other payments under section
1903(a). There is no requirement for State matching
funds to receive payments under this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective for quarters beginning on or after the date of enactment of
this Act. | Affordable Medicines Utilization Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act (SSA), with respect to FY2012-FY2014, to require an increase in the quarterly Medicaid payment to a state by 50% of the generic drug utilization savings amount if the state's generic substitution rate for the most recent preceding fiscal year for which data is available is greater than its rate for the most recent second preceding fiscal year for which data is available.
Directs the Secretary of Health and Human Services (HHS) to determine the state's generic substitution rate for such fiscal years.
Defines "generic substitution rate" as the share of all drug units for which Medicaid payment is made to a state for the 20 most widely prescribed multiple source drugs under the state program that have a specific National Drug Code.
Directs the Secretary to provide for payments to eligible states for implementation of programs to achieve reductions in expenditures under Medicaid or under SSA title XVIII (Medicare) (innovative health care savings program). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Forfeiture Act
of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in the public
trust and pledge to uphold the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have breached the public trust.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed during the One Hundred
Sixth Congress or later.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of--
``(I) section 201 of title 18 (bribery of public
officials and witnesses);
``(II) section 203 of title 18 (compensation to
Members of Congress, officers, and others in matters
affecting the Government);
``(III) section 204 of title 18 (practice in United
States Court of Federal Claims or the United States
Court of Appeals for the Federal Circuit by Members of
Congress);
``(IV) section 219 of title 18 (officers and
employees acting as agents of foreign principals);
``(V) section 286 of title 18 (conspiracy to
defraud the Government with respect to claims);
``(VI) section 287 of title 18 (false, fictitious,
or fraudulent claims);
``(VII) section 371 of title 18 (conspiracy to
commit offense or to defraud the United States);
``(VIII) section 597 of title 18 (expenditures to
influence voting);
``(IX) section 599 of title 18 (promise of
appointment by candidate);
``(X) section 602 of title 18 (solicitation of
political contributions);
``(XI) section 606 of title 18 (intimidation to
secure political contributions);
``(XII) section 607 of title 18 (place of
solicitation);
``(XIII) section 641 of title 18 (public money,
property or records);
``(XIV) section 1001 of title 18 (statements or
entries generally);
``(XV) section 1341 of title 18 (frauds and
swindles);
``(XVI) section 1343 of title 18 (fraud by wire,
radio, or television);
``(XVII) section 1503 of title 18 (influencing or
injuring officer or juror);
``(XVIII) section 1951 of title 18 (interference
with commerce by threats or violence);
``(XIX) section 1952 of title 18 (interstate and
foreign travel or transportation in aid of racketeering
enterprises);
``(XX) section 1962 of title 18 (prohibited
activities); or
``(XXI) section 7201 of the Internal Revenue Code
of 1986 (attempt to evade or defeat tax).
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director (within the meaning of section
8401(13)) shall prescribe such regulations as may be necessary to carry
out the purposes of this subsection with respect to the Thrift Savings
Plan. Regulations under this paragraph shall include provisions
requiring the return of all vested amounts.
``(6) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual convicted of an offense described in paragraph
(2) shall not, if or to the extent rendered as a Member (irrespective
of when rendered), be taken into account for purposes of this chapter.
Any such individual (or other person determined under section 8424(d),
if applicable) shall be entitled to be paid so much of such
individual's lump-sum credit as is attributable to service to which the
preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed during the One Hundred Sixth
Congress or later.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director shall prescribe such regulations as
may be necessary to carry out the purposes of this subsection with
respect to the Thrift Savings Plan. Regulations under this paragraph
shall include provisions requiring the return of all vested amounts.
``(6) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''. | Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Injury Surgical Systems
Integrated Operationally Nationwide to Achieve ZERO Preventable Deaths
Act'' or the ``MISSION ZERO Act''.
SEC. 2. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT
PROGRAM.
Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.)
is amended by adding at the end the following new part:
``PART I--MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT
PROGRAM
``SEC. 1291. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS
GRANT PROGRAM.
``(a) Military Trauma Team Placement Program.--
``(1) In general.--The Secretary shall award grants to not
more than 20 eligible high-acuity trauma centers to enable
military trauma teams to provide, on a full-time basis, trauma
care and related acute care at such trauma centers.
``(2) Limitations.--In the case of a grant awarded under
paragraph (1) to an eligible high-acuity trauma center, such
grant--
``(A) shall be for a period of at least 3 years and
not more than 5 years (and may be renewed at the end of
such period); and
``(B) shall be in an amount that does not exceed
$1,000,000 per year.
``(3) Availability of funds after performance period.--
Notwithstanding section 1552 of title 31, United States Code,
or any other provision of law, funds available to the Secretary
for obligation for a grant under this subsection shall remain
available for expenditure for 100 days after the last day of
the performance period of such grant.
``(b) Military Trauma Care Provider Placement Program.--
``(1) In general.--The Secretary shall award grants to
eligible trauma centers to enable military trauma care
providers to provide trauma care and related acute care at such
trauma centers.
``(2) Limitations.--In the case of a grant awarded under
paragraph (1) to an eligible trauma center, such grant--
``(A) shall be for a period of at least 1 year and
not more than 3 years (and may be renewed at the end of
such period); and
``(B) shall be in an amount that does not exceed,
in a year--
``(i) $100,000 for each military trauma
care provider that is a physician at such
eligible trauma center; and
``(ii) $50,000 for each other military
trauma care provider at such eligible trauma
center.
``(c) Grant Requirements.--
``(1) Deployment.--As a condition of receipt of a grant
under this section, a grant recipient shall agree to allow
military trauma care providers providing care pursuant to such
grant to be deployed by the Secretary of Defense for military
operations, for training, or for response to a mass casualty
incident.
``(2) Use of funds.--Grants awarded under this section to
an eligible trauma center may be used to train and incorporate
military trauma care providers into such trauma center,
including expenditures for malpractice insurance, office space,
information technology, specialty education and supervision,
trauma programs, research, and State license fees for such
military trauma care providers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect the extent to which State licensing requirements
for health care professionals are preempted by other Federal law from
applying to military trauma care providers.
``(e) Reporting Requirements.--
``(1) Report to the secretary and the secretary of
defense.--Each eligible trauma center or eligible high-acuity
trauma center awarded a grant under subsection (a) or (b) for a
year shall submit to the Secretary and the Secretary of Defense
a report for such year that includes information on--
``(A) the number and types of trauma cases managed
by military trauma teams or military trauma care
providers pursuant to such grant during such year;
``(B) the financial impact of such grant on the
trauma center;
``(C) the educational impact on resident trainees
in centers where military trauma teams are assigned;
``(D) any research conducted during such year
supported by such grant; and
``(E) any other information required by the
Secretaries for the purpose of evaluating the effect of
such grant.
``(2) Report to congress.--Not less than once every 2
years, the Secretary, in consultation with the Secretary of
Defense, shall submit a report to Congress that includes
information on the effect of placing military trauma care
providers in trauma centers awarded grants under this section
on--
``(A) maintaining readiness of military trauma care
providers for battlefield injuries;
``(B) providing health care to civilian trauma
patients in both urban and rural settings;
``(C) the capability to respond to surges in trauma
cases, including as a result of a large scale event;
and
``(D) the financial State of the trauma centers.
``(f) Definitions.--For purposes of this part:
``(1) Eligible trauma center.--The term `eligible trauma
center' means a Level I, II, or III trauma center that
satisfies each of the following:
``(A) Such trauma center has an agreement with the
Secretary of Defense to enable military trauma care
providers to provide trauma care and related acute care
at such trauma center.
``(B) Such trauma center utilizes a risk-adjusted
benchmarking system to measure performance and
outcomes, such as the Trauma Quality Improvement
Program of the American College of Surgeons.
``(C) Such trauma center demonstrates a need for
integrated military trauma care providers to maintain
or improve the trauma clinical capability of such
trauma center.
``(2) Eligible high-acuity trauma center.--The term
`eligible high-acuity trauma center' means a Level I trauma
center that satisfies each of the following:
``(A) Such trauma center has an agreement with the
Secretary of Defense to enable military trauma teams to
provide trauma care and related acute care at such
trauma center.
``(B) At least 20 percent of patients of such
trauma center in the most recent 3-month period for
which data is available are treated for a major trauma
at such trauma center.
``(C) Such trauma center utilizes a risk-adjusted
benchmarking system to measure performance and
outcomes, such as the Trauma Quality Improvement
Program of the American College of Surgeons.
``(D) Such trauma center is an academic training
center--
``(i) affiliated with a medical school;
``(ii) that maintains residency programs
and fellowships in critical trauma specialties
and subspecialties, and provides education and
supervision of military trauma team members
according to those specialties and
subspecialties; and
``(iii) that undertakes research in the
prevention and treatment of traumatic injury.
``(E) Such trauma center serves as a disaster
response leader for its community, such as by
participating in a partnership for State and regional
hospital preparedness established under section 319C-2.
``(3) Major trauma.--The term `major trauma' means an
injury that is greater than or equal to 15 on the injury
severity score.
``(4) Military trauma team.--The term `military trauma
team' means a complete military trauma team consisting of
military trauma care providers.
``(5) Military trauma care provider.--The term `military
trauma care provider' means a member of the Armed Forces who
furnishes emergency, critical care, and other trauma acute
care, including a physician, military surgeon, physician
assistant, nurse, respiratory therapist, flight paramedic,
combat medic, or enlisted medical technician.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $7,000,000 for fiscal year 2018, of which--
``(A) $4,500,000 shall be for carrying out
subsection (a); and
``(B) $2,500,000 shall be for carrying out
subsection (b);
``(2) $12,000,000 for fiscal year 2019, of which--
``(A) $8,000,000 shall be for carrying out
subsection (a); and
``(B) $4,000,000 shall be for carrying out
subsection (b); and
``(3) $15,000,000 for each of fiscal years 2020 through
2022, of which--
``(A) $10,000,000 shall be for carrying out
subsection (a); and
``(B) $5,000,000 shall be for carrying out
subsection (b).''.
SEC. 3. CUT-GO COMPLIANCE.
Subsection (f) of section 319D of the Public Health Service Act (42
U.S.C. 247d-4) is amended by striking ``through 2018'' and inserting
``through 2017, and $75,300,000 for fiscal year 2018''.
Passed the House of Representatives February 26, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Military Injury Surgical Systems Integrated Operationally Nationwide to Achieve ZERO Preventable Deaths Act or the MISSION ZERO Act (Sec. 2) This bill amends the Public Health Service Act to require the Department of Health and Human Services to award grants to certain trauma centers to enable military trauma care providers and trauma teams to provide trauma care and related acute care at those trauma centers. Funds may be used to train and incorporate military trauma care providers into the trauma center, including expenditures for malpractice insurance, office space, information technology, specialty education and supervision, trauma programs, and state license fees. Grantees must allow the military trauma care providers to be deployed for military operations, training, or response to a mass casualty incident. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Paid Administrative Leave
Accountability Act of 2015''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY IMPROVED INTERNAL TRACKING AND
REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.
(a) In General.--Title I of the Homeland Security Act of 2002
(Public Law 107-296; 6 U.S.C. 101 et seq.) is amended by adding at the
end the following new section:
``SEC. 104. INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR
PERSONNEL MATTERS.
``(a) Internal Reporting.--Not later than 90 days after the date of
the enactment of the DHS Paid Administrative Leave Accountability Act
of 2015, and quarterly thereafter, the head of each component of the
Department shall submit to the Chief Human Capital Officer of the
Department--
``(1) the number of employees of the component who had been
on administrative leave, or any other type of paid non-duty
status without charge to leave, for personnel matters for a
period of 6 consecutive months or longer as of the last day of
the period covered by the report;
``(2) the total cost to the component associated with such
administrative leave and such paid non-duty status (including
salary and benefits) for the period covered by the report; and
``(3) the average duration that employees are placed on
administrative leave, or any other type of paid non-duty status
without charge to leave, for personnel matters for a period of
6 consecutive months or longer, as of the last day of the
period covered by the report for the component.
``(b) CHCO Tracking.--The Chief Human Capital Officer shall--
``(1) maintain records of the number of employees of the
Department who are placed on administrative leave or paid non-
duty status without charge to leave for personnel matters and
the costs (including salary and benefits) associated with such
leave or non-duty status; and
``(2) in consultation with the head of each of the
components of the Department, determine any appropriate actions
to be taken by the Department to resolve any personnel matter
objectively, appropriately, and expeditiously or to reduce the
use of administrative leave and paid non-duty status without
charge to leave in addressing any personnel matter.
``(c) Personnel Matters Defined.--In this section, the term
`personnel matters' means, with respect to an employee, any personnel
investigation (including any investigation into misconduct and any
national security or suitability investigation), any criminal matter,
or any adverse action proposed or taken by the Department, including
any action under chapter 75 of title 5, United States Code.
``(d) Leverage of Existing Systems.--In carrying out this section,
the Secretary is encouraged to leverage systems and operations in use
on the date of enactment of the DHS Paid Administrative Leave
Accountability Act of 2015 to implement the requirements of this
section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 103
the following new item:
``Sec. 104. Internal tracking and reporting of administrative leave for
personnel matters.''.
SEC. 3. DEPARTMENT OF HOMELAND SECURITY POLICY RELATING TO EMPLOYEES ON
ADMINISTRATIVE LEAVE.
By not later than 90 days after the date of the enactment of this
Act, the Chief Human Capital Officer of the Department of Homeland
Security shall develop and implement a Department-wide policy in
accordance with existing Federal guidance specifically related to the
use of administrative leave, or any other type of paid non-duty status
without charge to leave, for personnel matters. Such policy shall
include the responsibilities of the components of the Department for
reporting information relating to such administrative leave and such
paid non-duty status to the Chief Human Capital Officer, as required
under section 104(a) of the Homeland Security Act of 2002 (Public Law
107-296), as added by section 2. Such policy shall provide guidance on
expediting the resolution of a personnel matter for which an employee
has been on administrative leave or any other type of paid non-duty
status without charge to leave for a period of 6 consecutive months or
longer in an objective and appropriate manner.
SEC. 4. REPORTS TO CONGRESS ON DEPARTMENT OF HOMELAND SECURITY
EMPLOYEES ON ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.
(a) Quarterly Reports.--Not later than 30 days after the last day
of each calendar quarter of 2016, 2017, and 2018, the Chief Human
Capital Officer of the Department of Homeland Security shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the number of Department employees on administrative
leave, and any other type of paid non-duty status without charge to
leave, for personnel matters for a period of 6 consecutive months or
longer as of the last day of the quarter covered by the report. Each
such report shall include--
(1) the costs to the Department associated with the
placement of such employees on administrative leave or such
paid non-duty status (including salary and benefits) for the
period covered by the report; and
(2) a description of any actions taken by the Department to
resolve any personnel matter for which an employee has been
placed on administrative leave or paid non-duty status without
charge to leave.
(b) Personnel Matters.--In this section, the term ``personnel
matters'' has the meaning given such term in
section 104(c) of the Homeland Security Act of 2002 (Public Law 107-
296), as added by section 2.
Passed the House of Representatives June 23, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 17, 2015. DHS Paid Administrative Leave Accountability Act of 2015 (Sec. 2) Amends the Homeland Security Act of 2002 to direct the head of each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS (the Chief): (1) the number of employees who had been on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for six consecutive months or longer; (2) the total cost to the component associated with such leave and paid non-duty status for the quarter; and (3) the average duration that employees are placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of six consecutive months or longer. Requires the Chief to: (1) maintain records of the number of such employees and the associated costs; and (2) determine appropriate actions to be taken by DHS to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of such leave and paid non-duty status in addressing any personnel matter. Encourages DHS to leverage systems and operations in use on the date of this Act's enactment to implement this Act's requirements. (Sec. 3) Directs the Chief to develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters. Requires such policy to: (1) include the responsibilities of the DHS components for reporting information relating to such administrative leave and such paid non-duty status to the Chief, and (2) provide guidance on expediting the resolution of a personnel matter for which an employee has been on administrative leave or any other type of paid non-duty status without charge to leave for a period of six consecutive months or longer in an objective and appropriate manner. (Sec. 4) Directs the Chief to submit a report after each calendar quarter of 2016-2018 on the number of DHS employees on such leave or paid non-duty status for personnel matters for six consecutive months or longer. Requires each such report to include: (1) the costs to DHS associated with the placement of such employees on administrative leave or such paid non-duty status (including salary and benefits) for the period covered by the report; and (2) a description of any actions taken by DHS to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave. | [
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