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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Affordability Act of
2016''.
SEC. 2. AMENDMENTS TO SAFE DRINKING WATER ACT.
(a) National Drinking Water Regulations.--Section 1412(b)(9) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(9)) is amended by striking
the last sentence and inserting ``Any revision of a national primary
drinking water regulation shall be promulgated in accordance with this
section, including paragraphs (3) through (6) of this subsection.''
(b) Enforcement of Drinking Water Regulations.--Section
1414(h)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(h)(1)(C)) is amended by inserting ``or management'' after ``the
transfer of ownership''.
(c) State Revolving Loan Funds.--
(1) Assistance for disadvantaged communities.--Section
1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(2)) is amended by striking ``30'' and inserting ``35''.
(2) Types of assistance.--Section 1452(f)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) each loan will be fully amortized not later
than 30 years after the completion of the project,
except that in the case of a disadvantaged community
(as defined in subsection (d)(3)) a State may provide
an extended term for a loan, if the extended term--
``(i) terminates not later than the date
that is 40 years after the date of project
completion; and
``(ii) does not exceed the expected design
life of the project;''; and
(C) in subparagraph (B), by striking ``1 year after
completion of the project for which the loan was made''
and all that follows through ``design life of the
project;'' and inserting ``18 months after completion
of the project for which the loan was made;''.
(3) Administration of state loan funds.--Section 1452(g)(2)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)(2)) is
amended--
(A) in subparagraph (D), by striking the comma and
inserting a period; and
(B) in the matter following subparagraph (D), by
striking ``if the State matches'' through ``fiscal year
1993.''.
(4) Other authorized activities.--Section 1452(k)(1)(C) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is
amended by striking ``for fiscal years 1996 and 1997'' and all
that follows through the period at the end and inserting ``for
fiscal years 2018 through 2024 to delineate, assess, update
assessments, and undertake implementation activities with
respect to source water protection areas in accordance with the
requirements of a program approved under section 1453,
excluding any activity required to be conducted under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).''.
(d) Exemption From Federal Cross-Cutting Requirements.--Part E of
the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by
adding at the end the following new section:
``SEC. 1459A. EXEMPTION FROM FEDERAL CROSS-CUTTING REQUIREMENTS.
``Notwithstanding any other provision of law, the Administrator
shall exempt a public water system that receives financial assistance
pursuant to section 1452 from a Federal cross-cutting requirement if
the Administrator determines that the State in which the public water
system is located has in effect a requirement which is as stringent as
the Federal cross-cutting requirement.''.
(e) Definition of Federal Cross-Cutting Requirement.--Section 1401
of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at
the end the following new paragraph:
``(17) Federal cross-cutting requirement.--The term
`Federal cross-cutting requirement' means a requirement of a
Federal law or regulation, compliance with which is a condition
on receipt of a loan or grant under this title, that, if
applied to projects and activities receiving such financial
assistance, would be redundant with a requirement of an
applicable State or local law.''.
SEC. 3. REPORT.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall prepare and submit
to Congress a report containing--
(1) the results of a study of cost-effective and
economically feasible rehabilitation or replacement of drinking
water infrastructure to meet the goals of the Safe Drinking
Water Act; and
(2) an assessment of barriers that preclude communities
from using materials and technologies studied pursuant to
paragraph (1). | Drinking Water Affordability Act of 2016 This bill amends the Safe Drinking Water Act to revise requirements concerning national primary drinking water regulations, including by: removing a requirement that the Environmental Protection Agency maintain, or provide greater, protection of human health when revising those regulations; extending the repayment schedule for loans from the drinking water state revolving funds (SRF); removing certain SRF matching fund requirement for states; authorizing states to protect public drinking water source areas; and removing federal reporting requirements if state or local requirements are at least equally stringent as federal requirements. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEMA Common Sense and Cost
Effectiveness Act of 2011''.
SEC. 2. CONSTRUCTION AND MAINTENANCE OF LEVEES.
(a) Stafford Act.--
(1) Predisaster mitigation program.--Section 203(e) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(e)) is amended by adding at the end the
following:
``(3) Construction of levees on acquired lands.--Subject to
paragraph (4), and notwithstanding any requirement that
property acquired or accepted under this section be dedicated
and maintained in perpetuity as open space for the conservation
of natural flood plain functions, if financial assistance
provided under this section is used to acquire or accept
property for open space purposes, the President may permit the
construction or maintenance on the property of--
``(A) a levee that is federally owned and operated;
``(B) a permanent levee that is federally
constructed and non-federally operated and maintained;
``(C) a levee--
``(i) that is federally constructed as a
nonpermanent levee;
``(ii) that a non-Federal entity desires to
operate and maintain as a permanent levee; and
``(iii) the owners of which--
``(I) are participating in the
emergency response to natural disasters
program established under section 5 of
the Act entitled `An Act authorizing
the construction of certain public
works on rivers and harbors for flood
control, and for other purposes',
approved August 18, 1941 (33 U.S.C.
701n); or
``(II) begin participating in the
program described in subclause (I)
within a reasonable period of time, as
determined by the President, after the
date on which the levee is constructed;
and
``(D) a non-Federal levee the owners of which are
participating in the program described in subparagraph
(C)(iii)(I).
``(4) Downstream communities.--The President may deny an
application to construct or maintain a levee described in
paragraph (3) if the levee poses a significant threat of harm
to downstream communities.''.
(2) Hazard mitigation grant program.--Section 404(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c(b)) is amended--
(A) in paragraph (2)(B)--
(i) in clause (i), by inserting ``except
for the construction or maintenance of a
structure described in clause (ii) (including a
levee),'' before ``any property''; and
(ii) in clause (ii)--
(I) in subclause (II), by striking
``or'' at the end;
(II) by redesignating subclause
(III) as subclause (IV); and
(iii) by inserting after subclause (II) the
following:
``(III) subject to paragraph (5), a
levee described in paragraph (4); or'';
and
(B) by adding at the end the following:
``(4) Levees.--A levee described in this paragraph is--
``(A) a levee that is federally owned and operated;
``(B) a permanent levee that is federally
constructed and non-federally operated and maintained;
``(C) a levee--
``(i) that is federally constructed as a
nonpermanent levee;
``(ii) that a non-Federal entity desires to
operate and maintain as a permanent levee; and
``(iii) the owners of which--
``(I) are participating in the
emergency response to natural disasters
program established under section 5 of
the Act entitled `An Act authorizing
the construction of certain public
works on rivers and harbors for flood
control, and for other purposes',
approved August 18, 1941 (33 U.S.C.
701n); or
``(II) begin participating in the
program described in subclause (I)
within a reasonable period of time, as
determined by the President, after the
date on which the levee is constructed;
and
``(D) a non-Federal levee the owners of which are
participating in the program described in subparagraph
(C)(iii)(I).
``(5) Downstream communities.--The President may deny an
application to construct or maintain a levee described in
paragraph (4) if the levee poses a significant threat of harm
to downstream communities.''.
(b) Construction of Levees Under Hazard Mitigation Programs
Relating to Floods.--
(1) Flood mitigation assistance.--Section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is
amended by adding at the end the following:
``(n) Construction of Levees on Acquired Lands.--
``(1) In general.--Subject to paragraph (2), and
notwithstanding any requirement that property acquired or
accepted under this section be dedicated and maintained in
perpetuity as open space for the conservation of natural flood
plain functions, if the mitigation activities funded under
subsection (a) include the acquisition or acceptance of
property for open space purposes, the Administrator may permit
the construction or maintenance on the property of--
``(A) a levee that is federally owned and operated;
``(B) a permanent levee that is federally
constructed and non-federally operated and maintained;
``(C) a levee--
``(i) that is federally constructed as a
nonpermanent levee;
``(ii) that a non-Federal entity desires to
operate and maintain as a permanent levee; and
``(iii) the owners of which--
``(I) are participating in the
emergency response to natural disasters
program established under section 5 of
the Act entitled `An Act authorizing
the construction of certain public
works on rivers and harbors for flood
control, and for other purposes',
approved August 18, 1941 (33 U.S.C.
701n); or
``(II) begin participating in the
program described in subclause (I)
within a reasonable period of time, as
determined by the Administrator, after
the date on which the levee is
constructed; and
``(D) a non-Federal levee the owners of which are
participating in the program described in subparagraph
(C)(iii)(I).
``(2) Downstream communities.--The Administrator may deny
an application to construct or maintain a levee described in
paragraph (1) if the levee poses a significant threat of harm
to downstream communities.''.
(2) Grants for repetitive insurance claim properties.--
Section 1323 of the National Flood Insurance Act of 1968 (42
U.S.C. 4030) is amended by adding at the end the following:
``(c) Construction of Levees on Acquired Lands.--
``(1) In general.--Subject to paragraph (2), and
notwithstanding any requirement that property acquired or
accepted under this section be dedicated and maintained in
perpetuity as open space for the conservation of natural flood
plain functions, if the mitigation activities funded under
subsection (a) include the acquisition or acceptance of
property for open space purposes, the Administrator may permit
the construction or maintenance on the property of--
``(A) a levee that is federally owned and operated;
``(B) a permanent levee that is federally
constructed and non-federally operated and maintained;
``(C) a levee--
``(i) that is federally constructed as a
nonpermanent levee;
``(ii) that a non-Federal entity desires to
operate and maintain as a permanent levee; and
``(iii) the owners of which--
``(I) are participating in the
emergency response to natural disasters
program established under section 5 of
the Act entitled `An Act authorizing
the construction of certain public
works on rivers and harbors for flood
control, and for other purposes',
approved August 18, 1941 (33 U.S.C.
701n); or
``(II) begin participating in the
program described in subclause (I)
within a reasonable period of time, as
determined by the Administrator, after
the date on which the levee is
constructed; and
``(D) a non-Federal levee the owners of which are
participating in the program described in subparagraph
(C)(iii)(I).
``(2) Downstream communities.--The Administrator may deny
an application to construct or maintain a levee described in
paragraph (1) if the levee poses a significant threat of harm
to downstream communities.''.
(3) Severe repetitive loss program.--Section 1361A(g) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4102a(g))
is amended--
(A) in paragraph (1), by striking the period at the
end and inserting the following: ``, including that,
subject to paragraph (5), and notwithstanding any
requirement that property acquired or accepted under
this section be dedicated and maintained in perpetuity
as open space for the conservation of natural flood
plain functions, the Administrator may permit the
construction or maintenance on such property of--
``(A) a levee that is federally owned and operated;
``(B) a permanent levee that is federally
constructed and non-federally operated and maintained;
``(C) a levee--
``(i) that is federally constructed as a
nonpermanent levee;
``(ii) that a non-Federal entity desires to
operate and maintain as a permanent levee; and
``(iii) the owners of which--
``(I) are participating in the
emergency response to natural disasters
program established under section 5 of
the Act entitled `An Act authorizing
the construction of certain public
works on rivers and harbors for flood
control, and for other purposes',
approved August 18, 1941 (33 U.S.C.
701n); or
``(II) begin participating in the
program described in subclause (I)
within a reasonable period of time, as
determined by the Administrator, after
the date on which the levee is
constructed; and
``(D) a non-Federal levee the owners of which are
participating in the program described in subparagraph
(C)(iii)(I).''; and
(B) by adding at the end the following:
``(5) Downstream communities.--The Administrator may deny
an application to construct or maintain a levee described in
paragraph (1) if the levee poses a significant threat of harm
to downstream communities.''.
(c) Applicability of Amendments.--The amendments made by this
section shall apply to all property acquired or accepted pursuant to
section 203 or 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133 and 5170c) or section 1323,
1366, or 1361A of the National Flood Insurance Act of 1968 (42 U.S.C.
4030, 4104c, and 4102a) before, on, or after the date of enactment of
this Act. | FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated; (2) a permanent levee that is federally constructed and nonfederally operated and maintained; (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program; and (4) a nonfederal levee the owners of which are participating in the program.
Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities. | [
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SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Make Education
Local Act of 2018''.
(b) Purpose.--The purposes of this Act are as follows:
(1) To give States and local communities added flexibility
and control to determine how to improve academic achievement
and implement education policy.
(2) To reduce the administrative costs and compliance
burden of Federal education programs in order to focus Federal
resources on improving academic achievement.
(3) To ensure that States and communities are accountable
to the public and to parents for advancing the academic
achievement of all students, especially disadvantaged children.
(c) Definitions.--
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.).
(2) Other terms.--In this Act:
(A) Accountability.--The term ``accountability''
means that public schools are answerable to parents and
other taxpayers for the use of public funds and shall
report student academic progress to parents and
taxpayers regularly.
(B) State.--The term ``State'' has the meaning
given such term in section 1122(e) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6332(e)).
(C) State management decision.--The term ``State
management decision'' means a decision by a State, as
determined by State Authorizing Officials or by
referendum, to assume full management responsibility
for the expenditure of Federal funds for certain
eligible programs for the purpose of advancing, on a
more comprehensive and effective basis, the educational
policy of such State.
(D) State authorizing officials.--The term ``State
Authorizing Officials'' means the State officials who
shall authorize the submission of a State management
decision, and any amendments thereto, on behalf of the
State. Such officials shall include not less than 2 of
the following:
(i) The governor of the State.
(ii) The highest elected education official
of the State, if any.
(iii) The legislature of the State.
(E) State designated officer.--The term ``State
Designated Officer'' means the person designated by the
State Authorizing Officials to submit to the Secretary,
on behalf of the State, a State management decision,
and any amendments thereto, and to function as the
point-of-contact for the State for the Secretary and
others relating to any responsibilities arising under
this Act.
SEC. 2. STATE MANAGEMENT DECISION.
(a) In General.--Each State is authorized to submit to the
Secretary a State management decision permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
(b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
(1) Scope.--A State may choose to include within the scope
of the State management decision of the State any program for
which Congress makes funds available to the State if the
program is for a purpose described in the Elementary and
Education Secondary Act of 1965 (20 U.S.C. 6301). A State may
not include any program funded pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Uses of funds.--Funds made available to a State
pursuant to a State management decision under this Act shall be
used for any educational purpose permitted by State law of the
State submitting a State management decision.
(3) Removal of fiscal and accounting barriers.--Each State
educational agency that operates under a State management
decision under this Act may modify or eliminate State fiscal
and accounting barriers that prevent local educational agencies
and schools from easily consolidating funds from other eligible
Federal, State, and local sources in order to improve
educational opportunities and reduce unnecessary fiscal and
accounting requirements.
(c) Contents of Decision.--Each State management decision shall
contain--
(1) a list of eligible programs that are subject to the
State management decision;
(2) an assurance that the submission of the State
management decision has been authorized by the State
Authorizing Officials, specifying the identity of the State
Designated Officer;
(3) the duration of the State management decision;
(4) an assurance that the State will use fiscal control and
fund accounting procedures;
(5) an assurance that the State will meet the requirements
of applicable Federal civil rights laws in carrying out the
State management decision and in consolidating and using the
funds under the State management decision;
(6) an assurance that in implementing the State management
decision the State will seek to advance educational
opportunities for the disadvantaged;
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State;
(8) an assurance that in implementing the State management
decision, the State will seek to use Federal funds to
supplement, rather than supplant, State education funding; and
(9) a description of how the State will address
persistently failing public schools.
(d) Minimum Duration.--The duration of the State management
decision shall--
(1) be greater than or equal to 5 years; and
(2) be less than or equal to 10 years.
(e) Review, Implementation, and Recognition by the Secretary.--
(1) In general.--The Secretary shall review the State
management decision received from the State Designated Officer
not more than 60 days after the date of receipt of such
decision, and shall approve, with respect to permitting the
State to receive the funds described in subsection (a), such
State management decision unless the State management decision
fails to meet the requirements under subsection (c).
(2) Recognition by operation of law.--If the Secretary
fails to take action within the time specified in paragraph
(1), the State management decision, as submitted, shall be
deemed to be approved.
(f) Amendment to State Management Decision.--
(1) In general.--The State Authorizing Officials may direct
the State Designated Officer to submit amendments to a State
management decision that is in effect. Such amendments shall be
submitted to the Secretary and considered by the Secretary in
accordance with subsection (e).
(2) Amendments authorized.--A State management decision
that is in effect may be amended to--
(A) expand the scope of such State management
decision to encompass additional eligible programs;
(B) reduce the scope of such State management
decision by excluding coverage of a Federal program
included in the original State management decision;
(C) modify the duration of such State management
decision; or
(D) achieve such other modifications as the State
Authorizing Officials deem appropriate.
(3) Effective date.--The amendment shall specify an
effective date. Such effective date shall provide adequate time
to assure full compliance with Federal program requirements
relating to an eligible program that has been removed from the
coverage of the State management decision by the proposed
amendment.
(4) Treatment of program funds withdrawn from state
management decision.--Beginning on the effective date of an
amendment executed under paragraph (2)(B), each program
requirement of each program removed from the State management
decision shall apply to the State's use of funds made available
under the program.
SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--Each State operating under a State management
decision under this Act shall inform parents and the general public
regarding the student achievement assessment system, demonstrating
student progress relative to the State's determination of student
proficiency, as described in paragraph (2), for the purpose of public
accountability to parents and taxpayers.
(b) Accountability System.--
(1) In general.--The State shall determine and establish an
accountability system to ensure accountability under this Act.
(2) Academic achievement.--Any accountability system
established by a State pursuant paragraph (1) shall--
(A) be focused on the academic achievement of
students; and
(B) include a system, as determined by the State,
of evaluating the academic achievement and progress of
students.
(c) Report on Student Progress.--Not later than 1 year after the
effective date of the State management decision, and annually
thereafter, a State shall, in a format acceptable to such State,
disseminate widely to parents and the general public a report that
describes student progress. The report shall include--
(1) student performance data disaggregated by various
student groups, as determined by the State;
(2) a description of other high-quality school options
available to parents in the State; and
(3) a description of how the State has used Federal funds
to improve academic achievement, reduce achievement disparities
between various student groups, and improve educational
opportunities.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) In General.--Except as provided in subsection (b), the amount
that a State with a State management decision may expend for
administrative expenses shall be limited to 1 percent of the aggregate
amount of Federal funds made available to the State through the
eligible programs included within the scope of such State management
decision.
(b) States Not Consolidating Funds Under Part A of Title I.--If the
State management decision does not include within its scope part A of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.), the amount spent by the State on administrative
expenses shall be limited to 3 percent of the aggregate amount of
Federal funds made available to the State pursuant to such State
management decision.
SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a State
management decision under this Act shall provide for the participation
of private school children and teachers in the activities assisted
under the State management decision in the same manner as participation
is provided to private school children and teachers under section 9501
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881). | Make Education Local Act of 2018 This bill authorizes each state that submits to the Department of Education a state management decision to receive federal education funding on a consolidated basis. A state may use funding received pursuant to such a decision for any educational purpose. Each state management decision shall contain specified information, including: (1) a list of programs that are subject to the state management decision, and (2) a description of how the state will address persistently failing public schools. Each state operating under a state management decision shall: (1) establish an accountability system focused on assessing the academic achievement of students, (2) inform the public regarding the student-achievement assessment system, (3) report annually to parents and the general public on student progress and other school options available in the state, and (4) provide for the equitable program participation of private-school children and teachers in the same manner as provided under current law. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Illegal Radio Abuse
Through Enforcement Act'' or the ``PIRATE Act''.
SEC. 2. PIRATE RADIO ENFORCEMENT ENHANCEMENTS.
Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.)
is amended by adding at the end the following new section:
``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING;
ENFORCEMENT SWEEPS; REPORTING.
``(a) Increased General Penalty.--Any person who willfully and
knowingly does or causes or suffers to be done any pirate radio
broadcasting shall be subject to a fine of not more than $2,000,000.
``(b) Violation of This Act, Rules, or Regulations.--Any person who
willfully and knowingly violates this Act or any rule, regulation,
restriction, or condition made or imposed by the Commission under
authority of this Act, or any rule, regulation, restriction, or
condition made or imposed by any international radio or wire
communications treaty or convention, or regulations annexed thereto, to
which the United States is or may hereafter become party, relating to
pirate radio broadcasting shall, in addition to any other penalties
provided by law, be subject to a fine of not more than $100,000 for
each day during which such offense occurs, in accordance with the limit
described in subsection (a).
``(c) Facilitation.--Any person who knowingly and intentionally
facilitates pirate radio broadcasting shall be subject to a fine of not
more than $2,000,000.
``(d) Annual Report.--Not later than 1 year after the date of
enactment of the PIRATE Act, and annually thereafter, the Commission
shall submit to the House Committee on Energy and Commerce and the
Senate Committee on Commerce, Science, and Transportation a report
summarizing the implementation of this section and associated
enforcement activities for the previous fiscal year, which may include
the efforts by the Commission to enlist the cooperation of Federal,
State, and local law enforcement personnel (including United States
Attorneys and the United States Marshals Service) for service of
process, collection of fines or forfeitures, seizures of equipment, and
enforcement of orders.
``(e) Enforcement Sweeps.--
``(1) Annual sweeps.--Not less than once each year, the
Commission shall assign appropriate enforcement personnel to
focus specific and sustained attention on the elimination of
pirate radio broadcasting within the top five radio markets
identified as prevalent for such broadcasts. Such effort shall
include identifying, locating, and taking enforcement actions
designed to terminate such operations.
``(2) Additional monitoring.--Within 6 months after
conducting the enforcement sweeps required by paragraph (1),
the Commission shall conduct monitoring sweeps to ascertain
whether the pirate radio broadcasting identified by enforcement
sweeps is continuing to broadcast and whether additional pirate
radio broadcasting is occurring.
``(3) No effect on remaining enforcement.--Notwithstanding
paragraph (1), the Commission shall not decrease or diminish
the regular enforcement efforts targeted to pirate radio
broadcast stations for other times of the year.
``(f) State and Local Government Authority.--The Commission may not
preempt any State or local law prohibiting pirate radio broadcasting.
``(g) Revision of Commission Rules Required.--The Commission shall
revise its rules to require that, absent good cause, in any case
alleging a violation of subsection (a) or (b), the Commission shall
proceed directly to issue a `Notice of Apparent Liability' without
first issuing a `Notice of Unlicensed Operations'.
``(h) Pirate Radio Broadcasting Database.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this section, and semi-annually thereafter,
the Commission shall publish a database in a clear and legible
format of all licensed radio stations operating in the AM and
FM bands. The database shall be easily accessible from the
Commission home page through a direct link. The database shall
include the following information:
``(A) Each licensed station, listed by the assigned
frequency, channel number, or Commission call letters.
``(B) All entities that have received a Notice of
Unlicensed Operation, Notice of Apparent Liability, or
Forfeiture Order by the Commission.
``(2) Clear identification.--The Commission shall clearly
identify in the database--
``(A) each licensed station as a station licensed
by the Commission; and
``(B) each entity described in paragraph (1)(B) as
operating without a Commission license or
authorization.
``(i) Definitions.--In this section:
``(1) Pirate radio broadcasting.--The term `pirate radio
broadcasting' means the transmission of communications on
spectrum frequencies between 535 to 1705 kHz or 87.7 to 108 MHz
without a license issued by the Federal Communications
Commission, but does not include unlicensed operations in
compliance with part 15 of title 47, Code of Federal
Regulations.
``(2) Facilitates.--The term `facilitates' means providing
access to property (and improvements thereon) or providing
physical goods or services, including providing housing,
facilities, or financing, that directly aid pirate radio
broadcasting.
``(3) Knowingly and intentionally.--The term `knowingly and
intentionally' means the person was previously served by the
Commission with a notice of unlicensed operations, notice of
apparent liability, or citation for efforts to facilitate
pirate radio broadcasting.''.
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act or the amendment made by
this Act. This Act and the amendment made by this Act shall be carried
out using amounts otherwise authorized.
Passed the House of Representatives July 23, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act (Sec. 2) This bill amends the Communications Act of 1934 to address unlicensed radio broadcasting (called "pirating"), including: increasing the fine for a pirate radio broadcasting violation to not more than $2 million, imposing a fine of up to $100,000 per day for pirating violations subject to the $2 million limit, and establishing a fine of up to $2 million for any person who facilitates pirate radio broadcasting ("facilitating" includes providing access to property or providing physical goods or services). The FCC must: (1) annually report to Congress summarizing implementation of this bill and associated enforcement activities for the previous fiscal year; and (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets. The FCC may not preempt any state or local law prohibiting pirate radio broadcasting. The FCC shall: (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations; and (2) publish a database of all licensed radio stations operating in the AM and FM bands, which shall be easily accessible from the FCC home page, identifying each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order by the FCC. (Sec. 3) No additional funds are authorized to carry out this bill. | [
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] |
SECTION 1. SELECTION PANEL TO RECOMMEND INDIVIDUALS FOR COMMISSIONER OF
INTERNAL REVENUE.
(a) President To Nominate New Commissioner From Individuals
Recommended by Selection Commission.--Subsection (a) of section 7802 of
the Internal Revenue Code of 1986 (relating to Commissioner of Internal
Revenue; Assistant Commissioners; Taxpayer Advocate) is amended by
inserting ``from individuals recommended by the Selection Commission
under subsection (e)'' after ``appointed by the President''.
(b) Selection Commission.--Section 7802 of such Code is amended by
adding at the end the following new subsection:
``(e) Selection of Commissioner of Internal Revenue.--
``(1) In general.--When a vacancy occurs (or is expected to
occur within 150 days) in the office of Commissioner of
Revenue, a Selection Commission is established to recommend
individuals to the President for appointment to the vacant
office.
``(2) Selection commission.--The Selection Commission shall
be composed of 5 individuals (from among individuals having
contacts with the Internal Revenue Service in a professional
capacity) appointed by the following organizations as follows:
``(A) A representative from the American Institute
of Certified Public Accountants who is a certified
public accountant.
``(B) A representative from the American Bar
Association who is a member of the Tax Division.
``(C) A scientist from the National Academy of
Scientists.
``(D) An engineer from the Institute for Electronic
and Electrical Engineers.
``(E) An economist from the American Economics
Association.
A vacancy in the Selection Commission shall be filled not later
than 14 days after the date of the creation of the vacancy in
the manner in which the original appointment was made.
``(3) Minimum number of recommended individuals.--A
Selection Commission shall recommend at least 3 individuals.
The President may request the Selection Commission to recommend
additional individuals.
``(4) Deadline for recommendations.--Except for additional
recommendations requested by the President under paragraph (3),
the Selection Commission shall make its recommendations for
Commissioner of Internal Revenue not later than 60 days after
the date such Commission is established.
``(5) Administrative provisions.--
``(A) Chairperson.--The Chairperson of the
Selection Commission shall be elected by the members.
If not so elected within the 10-day period beginning on
the date the Selection Commission first meets, the
Chairperson shall be appointed by the President.
``(B) Rates of pay.--Members of the Selection
Commission shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay
payable for level IV of the Executive Schedule (level
III in the case of the Chairman of the Selection
Commission) for each day (including travel time) during
which they are engaged in the actual performance of
duties vested in the Selection Commission.
``(C) Travel expenses.--Each member of the
Selection Commission shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5,
United States Code.
``(D) Staff.--The Selection Commission shall
appoint a Director who shall be paid at the rate of
basic pay payable for level IV of the Executive
Schedule. With the approval of the Selection
Commission, the Director may appoint and fix the pay of
not more than 2 additional employees who shall be paid
at a rate not to exceed the rate of basic pay payable
for level IV of the Executive Schedule.
``(E) Applicability of certain civil service
laws.--The Director and staff of the Selection
Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
``(F) Meetings.--The meetings of the Selection
Commission shall be in executive session.
``(G) Mails.--The Selection Commission may use the
United States mails in the same manner and under the
same conditions as other Federal agencies.
``(6) Termination.--The Selection Commission shall
terminate at the close of the 7th day after the date on which
an individual recommended by the Commission is sworn in as
Commissioner of Internal Revenue.''
(c) Term of Commissioner of Internal Revenue.--Subsection (a) of
section 7802 of such Code is amended by adding at the end the following
new sentence: ``The term of the Commissioner of Internal Revenue is 6
years.''
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act but the amendment made
by subsection (c) shall not apply to the individual holding the office
of Commissioner of Internal Revenue on such date. | Amends the Internal Revenue Code to provide that the Commissioner of Internal Revenue shall: (1) be appointed from among individuals recommended by a Selection Commission established (upon Commissioner vacancy) by this Act; and (2) serve a six-year term. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Contractor Tax
Simplification Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Simplifying the tax rules with respect to independent
contractors was the top vote-getter at the 1995 White House
Conference on Small Business. Conference delegates recommended
that Congress ``should recognize the legitimacy of an
independent contractor''. The Conference found that the current
common law is ``too subjective'' and called upon the Congress
to establish ``realistic and consistent guidelines''.
(2) It is in the best interests of taxpayers and the
Federal Government to have fair and objective rules for
determining who is an employee and who is an independent
contractor.
SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
EMPLOYEES.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(general provisions relating to employment taxes) is amended by adding
after section 3510 the following new section:
``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
EMPLOYEES.
``(a) General Rule.--For purposes of this title, and
notwithstanding any provision of this title to the contrary, if the
requirements of subsections (b), (c), and (d) are met with respect to
any service performed by any individual, then with respect to such
service--
``(1) the service provider shall not be treated as an
employee,
``(2) the service recipient shall not be treated as an
employer,
``(3) the payor shall not be treated as an employer, and
``(4) compensation paid or received for such service shall
not be treated as paid or received with respect to employment.
``(b) Service Provider Requirements With Regard to Service
Recipient.--For the purposes of subsection (a), the requirements of
this subsection are met if the service provider, in connection with
performing the service--
``(1) has a significant investment in assets, training, or
both,
``(2) incurs significant unreimbursed expenses,
``(3) agrees to perform the service for a particular amount
of time or to complete a specific result and is liable for
damages for early termination without cause,
``(4) is paid primarily on a commissioned basis or per unit
basis, or
``(5) purchases products for resale.
``(c) Additional Service Provider Requirements With Regard to
Others.--For the purposes of subsection (a), the requirements of this
subsection are met if--
``(1) the service provider--
``(A) has a principal place of business,
``(B) does not primarily provide the service at the
service recipient's facilities,
``(C) pays a fair market rent for use of the
service recipient's facilities, or
``(D) operates primarily from equipment not
supplied by the service recipient; or
``(2) the service provider--
``(A) is not required to perform service
exclusively for the service recipient, and
``(B) in the year involved, or in the preceding or
subsequent year--
``(i) has performed a significant amount of
service for other persons,
``(ii) has offered to perform service for
other persons through--
``(I) advertising,
``(II) individual written or oral
solicitations,
``(III) listing with registries,
agencies, brokers, and other persons in
the business of providing referrals to
other service recipients, or
``(IV) other similar activities, or
``(iii) provides service under a business
name which is registered with (or for which a
license has been obtained from) a State, a
political subdivision of a State, or any agency
or instrumentality of 1 or more States or
political subdivisions.
``(d) Written Document Requirements.--For purposes of subsection
(a), the requirements of this subsection are met if the services
performed by the individual are performed pursuant to a written
contract between such individual and the person for whom the services
are performed, or the payor, and such contract provides that the
individual will not be treated as an employee with respect to such
services for purposes of this subtitle.
``(e) Special Rules.--For purposes of this section--
``(1) Failure to meet reporting requirements.--If for any
taxable year any service recipient or payor fails to meet the
applicable reporting requirements of sections 6041(a),
6041A(a), or 6051 with respect to a service provider, then,
unless such failure is due to reasonable cause and not willful
neglect, this section shall not apply in determining whether
such service provider shall not be treated as an employee of
such service recipient or payor for such year.
``(2) Related entities.--If the service provider is
performing services through an entity owned in whole or in part
by such service provider, then the references to `service
provider' in subsections (b) through (d) may include such
entity, provided that the written contract referred to in
paragraph (1) of subsection (d) may be with either the service
provider or such entity and need not be with both.
``(f) Definitions.--For the purposes of this section--
``(1) Service provider.--The term `service provider' means
any individual who performs service for another person.
``(2) Service recipient.--Except as provided in paragraph
(5), the term `service recipient' means the person for whom the
service provider performs such service.
``(3) Payor.--Except as provided in paragraph (5), the term
`payor' means the person who pays the service provider for the
performance of such service in the event that the service
recipients do not pay the service provider.
``(4) In connection with performing the service.--The term
`in connection with performing the service' means in connection
or related to--
``(A) the actual service performed by the service
provider for the service recipients or for other
persons for whom the service provider has performed
similar service, or
``(B) the operation of the service provider's trade
or business.
``(5) Exceptions.--The terms `service recipient' and
`payor' do not include any entity which is owned in whole or in
part by the service provider.''
(b) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:
``Sec. 3511. Standards for determining
whether individuals are not
employees.''
(c) Effective Date.--The amendments made by this Act shall apply to
services performed before, on, or after the date of the enactment of
this Act. | Independent Contractor Tax Simplification Act of 1996 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, a payor shall not be treated as an employer, and compensation paid or received for such service shall not be treated as paid or received with respect to employment if certain conditions are met. | [
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SECTION 1. STATEMENT OF U.S. POLICY.
It shall be the policy of the United States to--
(1) take all necessary and appropriate steps in accordance
with international agreements to support the commitments of the
United States to ensure the physical security and protection of
Camp Liberty/Hurriya residents, members of the opposition
Mujahedeen e-Khalq (MEK), in accordance with the United States
Embassy Statement on Transfer of Security Responsibility for
Camp Ashraf of December 28, 2008;
(2) assist the United Nations High Commissioner for
Refugees in ensuring the rapid and orderly resettlement of all
residents of Camp Liberty/Hurriya to safe locations outside of
Iraq; and
(3) permit the admission as refugees of the residents of
Camp Liberty/Hurriya to the United States, who express a desire
for such resettlement.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States recognized the residents of the
former Camp Ashraf who now reside in Camp Liberty/Hurriya as
``protected persons'' under the Fourth Geneva Convention and
committed itself to protect the residents until their final
disposition.
(2) The United States expects the Government of Iraq to
continue this commitment of protection of the residents of Camp
Liberty/Hurriya, as reflected in the United States Embassy
Statement on Transfer of Security Responsibility for Camp
Ashraf of December 28, 2008.
(3) The residents of the former Camp Ashraf, who now reside
in Camp Liberty/Hurriya, renounced violence and unilaterally
disarmed more than a decade ago.
(4) Dozens of residents of Camp Liberty/Hurriya were
permanent residents or political refugees in the United States.
(5) Camp Liberty/Hurriya residents have provided valuable
intelligence to the international community concerning efforts
by the Government of Iran to establish a nuclear weapons
capability and to supply the terrorist groups in Iraq with
Improvised Explosive Devices (IEDs).
(6) Camp Liberty/Hurriya residents share the desire of the
United States in seeing the establishment of a peaceful,
democratic, non-nuclear government in Iran with full rights for
women and religious and ethnic minorities.
(7) The residents of Camp Liberty/Hurriya are cooperating
in the framework of an agreement between the United Nations and
the Government of Iraq to transfer the residents out of Iraq.
(8) Despite Iraq's acceptance of the U.S. commitment to
protect Camp Ashraf residents, the unarmed residents have been
attacked five times in 2009, 2011, and 2013 during their
residence in the former Camp Ashraf and Camp Liberty/Hurriya by
external persons and organizations, including Iraqi security
forces, killing more than 100 residents and wounding 1,000
others.
(9) Iraqi security forces are permanently stationed all
around Camp Liberty/Hurriya, despite their history of violence
against the unarmed residents, while all Liberty/Hurriya
residents are kept inside the Camp's walled compound, with no
freedom of movement for the residents outside the Camp and no
access to counsel, family, NGOs, and press.
SEC. 3. ACTIONS TO PROTECT IRANIAN DISSIDENTS LIVING IN CAMP LIBERTY/
HURRIYA.
(1) The United States shall take all necessary and
appropriate steps to ensure the safety of the residents of Camp
Liberty/Hurriya.
(2) The United States shall provide all necessary and
appropriate assistance to the United Nations High Commissioner
for Refugees to process applications by the residents of Camp
Liberty/Hurriya for refugee status and to secure their orderly
resettlement in safe locations outside of Iraq, including in
the United States for any such residents who express such a
desire.
(3) The United States shall timely admit as refugees the
residents of Camp Liberty/Hurriya in the U.S. and in doing so
shall not delay or bar such resettlement merely because any
such resident is or has been a member of, or supports or has
supported, organizations or groups that were subject to the
Secretary of State's decision of September 21, 2012, in Public
Notice 8049, notwithstanding Sec. Sec. 212(a)(3)(B) and
212(a)(3)(F) of the Immigration and Nationality Act of 1965, as
amended.
(4) Within 90 days of the effective date of this Act, the
Secretary of State and the Secretary of the Department of
Homeland Security shall report to the Congress on steps taken
by the United States to guard the safety of the residents of
Camp Liberty/Hurriya and to secure their orderly resettlement
in safe locations in accordance with the provisions of this
Act. | Directs the United States to: (1) take all necessary and appropriate steps to ensure the safety of the residents of Camp Liberty/Hurriya in Iraq; (2) provide all necessary and appropriate assistance to the United Nations (U.N.) High Commissioner for Refugees to process refugee applications by the residents of Camp Liberty/Hurriya and to secure their safe resettlement outside of Iraq; and (3) admit the residents of Camp Liberty/Hurriya as refugees in the United States and not delay or bar such resettlement because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State's decision of September 21, 2012. Directs the Secretary and the Secretary of the Department of Homeland Security (DHS) to report to Congress on U.S. efforts to guard the safety of Camp Liberty/Hurriya residents and secure their orderly resettlement. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health First Act of 2013''.
SEC. 2. MENTAL HEALTH FIRST AID TRAINING GRANTS.
Section 520J of the Public Health Service Act (42 U.S.C. 290bb-41)
is amended to read as follows:
``SEC. 520J. MENTAL HEALTH FIRST AID TRAINING GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator,
shall award grants to States, political subdivisions of States, Indian
tribes, tribal organizations, and nonprofit private entities to
initiate and sustain mental health first aid training programs.
``(b) Program Requirements.--
``(1) In general.--To be eligible for funding under
subsection (a), a mental health first aid training program
shall--
``(A) be designed to train individuals in the
categories listed in paragraph (2) to accomplish the
objectives described in paragraph (3);
``(B) ensure that training is conducted by trainers
that are properly licensed and credentialed by
nonprofit entities as designated by the Secretary; and
``(C) include--
``(i) at a minimum--
``(I) a core live training course
for individuals in the categories
listed in paragraph (2) on the skills,
resources, and knowledge to assist
individuals in crisis to connect with
appropriate local mental health care
services;
``(II) training on mental health
resources, including the location of
community mental health centers
described in section 1913(c), in the
State and local community; and
``(III) training on action plans
and protocols for referral to such
resources; and
``(ii) where feasible, continuing education
and updated training for individuals in the
categories listed in paragraph (2).
``(2) Categories of individuals to be trained.--The
categories of individuals listed in this paragraph are the
following:
``(A) Emergency services personnel and other first
responders.
``(B) Police officers and other law enforcement
personnel.
``(C) Teachers and school administrators.
``(D) Human resources professionals.
``(E) Faith community leaders.
``(F) Nurses and other primary care personnel.
``(G) Students enrolled in an elementary school, a
secondary school, or an institution of higher
education.
``(H) The parents of students described in
subparagraph (G).
``(I) Veterans.
``(J) Other individuals, audiences or training
populations as determined appropriate by the Secretary.
``(3) Objectives of training.--To be eligible for funding
under subsection (a), a mental health first aid training
program shall be designed to train individuals in the
categories listed in paragraph (2) to accomplish each of the
following objectives (as appropriate for the individuals to be
trained, taking into consideration their age):
``(A) Safe de-escalation of crisis situations.
``(B) Recognition of the signs and symptoms of
mental illness, including such common psychiatric
conditions as schizophrenia, bipolar disorder, major
clinical depression, and anxiety disorders.
``(C) Timely referral to mental health services in
the early stages of developing mental disorders in
order to--
``(i) avoid more costly subsequent
behavioral health care; and
``(ii) enhance the effectiveness of mental
health services.
``(c) Distribution of Awards.--In awarding grants under this
section, the Secretary shall--
``(1) ensure that grants are equitably distributed among
the geographical regions of the United States; and
``(2) pay particular attention to the mental health
training needs of populations and target audiences residing in
rural areas.
``(d) Application.--A State, political subdivision of a State,
Indian tribe, tribal organization, or nonprofit private entity that
desires a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require, including a plan for the rigorous
evaluation of activities that are carried out with funds received under
such grant.
``(e) Evaluation.--A State, political subdivision of a State,
Indian tribe, tribal organization, or nonprofit private entity that
receives a grant under this section shall prepare and submit an
evaluation to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require,
including an evaluation of activities carried out with funds received
under such grant and a process and outcome evaluation.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $20,000,000 for fiscal year
2014 and such sums as may be necessary for each of fiscal years 2015
and 2016.''. | Mental Health First Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA), to award grants to initiate and sustain mental health first aid training programs. Requires such a program to include: (1) core live training courses on the skills, resources, and knowledge necessary to assist individuals in crisis to connect with appropriate local mental health care services; (2) training on mental health resources, including the location of community mental health centers in the state and local community; and (3) training on action plans and protocols for referral to such resources. Sets forth the categories of individuals to be trained under the program, including emergency services personnel and other first responders, police officers and law enforcement personnel, teachers and school administrators, human resources professionals, faith community leaders, nurses and other primary care personnel, students enrolled in school, parents of students, veterans, and other individuals, audiences or training populations as appropriate. Requires such programs to train individuals to accomplish: (1) safe de-escalation of crisis situations, (2) recognition of the signs and symptoms of mental illness, and (3) timely referral to mental health services in the early stages of developing mental disorders. Requires the Secretary, in awarding grants, to: (1) ensure that grants are equitably distributed among the geographical regions of the United States, and (2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas. | [
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] |
SECTION 1. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Billing practices by telecommunications carriers may
not reflect accurately the cost or basis of the additional
telecommunications services and benefits that consumers receive
as a result of the enactment of the Telecommunications Act of
1996 (Public Law 104-104) and other Federal regulatory actions
taken since the enactment of that Act.
(2) Congress has never enacted a law with the intent of
permitting providers of telecommunications services to
misrepresent to customers the costs of providing services or
the services provided.
(3) Certain providers of telecommunications services have
established new, specific charges on customer bills commonly
known as ``line-item charges''.
(4) Certain providers of telecommunications services have
described such charges as ``Federal Universal Service Fees'' or
similar fees.
(5) Such charges have generated significant confusion among
customers regarding the nature of and scope of universal
service and of the fees associated with universal service.
(6) The State of New York is considering action to protect
consumers by requiring telecommunications carriers to disclose
fully in the bills of all classes of customers the fee
increases and fee reductions resulting from the enactment of
the Telecommunications Act of 1996 and other regulatory actions
taken since the enactment of that Act.
(7) The National Association of Regulatory Utility
Commissioners adopted a resolution in February 1998 supporting
action by the Federal Communications Commission to require
interstate carriers to provide accurate customer notice
regarding the implementation and purpose of end user charges.
(b) Purpose.--It is the purpose of this Act to require the Federal
Communications Commission and the Federal Trade Commission to protect
consumers of telecommunications services by assuring accurate cost
reporting and billing practices by telecommunications carriers
nationwide.
SEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING PRACTICES.
(a) Investigation.--
(1) Requirement.--The Federal Communications Commission and
the Federal Trade Commission shall jointly conduct an
investigation of the billing practices of telecommunications
carriers.
(2) Purpose.--The purpose of the investigation is to
determine whether the bills sent by carriers to their customers
accurately assess and correctly characterize any additional
fees paid by such customers for telecommunications services as
a result of the enactment of the Telecommunications Act of 1996
(Public Law 104-104) and other Federal regulatory actions taken
since the enactment of that Act.
(b) Determinations.--In carrying out the investigation under
subsection (a), the Federal Communications Commission and the Federal
Trade Commission shall determine the following:
(1) The amount, if any, of additional fees imposed by
telecommunications carriers on their customers as a result of
the requirements of the Telecommunications Act of 1996
(including the amendments made by that Act) and other Federal
regulatory actions taken since the enactment of that Act during
the period beginning on June 30, 1997, and ending on the date
of enactment of that Act.
(2) In the event that additional fees described in
paragraph (1) are being imposed, the following:
(A) Whether the amount of such fees accurately
reflect--
(i) the additional costs to carriers as a
result of the enactment of that Act (including
the amendments made by that Act) and other
Federal regulatory actions taken since the
enactment of that Act; and
(ii) any reductions in costs, or other
financial benefits, to carriers as a result of
the enactment of that Act (including such
amendments) and other Federal regulatory
actions taken since the enactment of that Act.
(B) Whether the bills that impose such fees
characterize correctly the nature and basis of such
fees.
(c) Review of Records.--
(1) Authority.--For purposes of the investigation under
subsection (a), the Federal Communications Commission and the
Federal Trade Commission may obtain from any telecommunications
carrier any record of the carrier that is relevant to the
investigation.
(2) Use.--The Federal Communications Commission and the
Federal Trade Commission may use records obtained under this
subsection only for purposes of the investigation.
(d) Disciplinary Actions.--
(1) In general.--In the event that the Federal
Communications Commission or the Federal Trade Commission
determine as a result of the investigation under subsection (a)
that the bills sent by a telecommunications carrier to its
customers does not accurately assess or correctly characterize
any fee addressed in the investigation, the Federal
Communications Commission or the Federal Trade Commission, as
the case may be, shall take such actions against the carrier as
such Commission is authorized to take under law.
(2) Additional actions.--If the Federal Communications
Commission or the Federal Trade Commission determines that such
Commission does not have adequate authority under law to take
appropriate actions under paragraph (1), the Federal
Communications Commission and the Federal Trade Commission
shall notify Congress of that determination in the report under
subsection (e).
(e) Report.--Not later than 45 days after the date of enactment of
this Act, the Federal Communications Commission and the Federal Trade
Commission shall jointly submit to Congress a report on the results of
the investigation under subsection (a). The report shall include the
determination, if any, of either Commission under subsection (d)(2) and
any recommendations for further legislative action that the Commissions
consider appropriate.
SEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN
FEES FOR SERVICES.
(a) Requirements.--Any telecommunications carrier that includes on
any of the bills sent to its customers a charge described in subsection
(b) shall--
(1) specify in the bill imposing such charge any reduction
in charges or fees allocable to all classes of customers
(including customers of residential basic service, customers of
other residential services, small business customers, and other
business customers) by reason of any regulatory action of the
Federal Government; and
(2) submit to the Federal Communications Commission the
reports required to be submitted by the carrier to the
Securities and Exchange Commission under sections 13(a) and
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)).
(b) Covered Charges.--Subsection (a) applies in the case of the
following charges:
(1) Any specific charge included after June 30, 1997, if
the imposition of the charge is attributed to a regulatory
action of the Federal Government.
(2) Any specific charge included before that date if the
description of the charge is changed after that date to
attribute the imposition of the charge to a regulatory action
of the Federal Government. | Directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to jointly conduct an investigation of the billing practices of telecommunications carriers (carriers) to determine whether bills sent to customers accurately assess and characterize any additional fees paid by customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996. Requires access to carrier records relevant to such investigation. Directs either the FCC or FTC to take appropriate disciplinary actions against carriers whose customer bills inaccurately assess and characterize such fees. Requires a joint report to the Congress on investigation results.
Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions; and (2) submit to the FCC certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Pipeline Safety Act of
2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes are an invaluable national resource,
containing one-fifth of the world's fresh surface water and 95
percent of the United States freshwater supply;
(2) over 40,000,000 people depend on the Great Lakes for
fresh drinking water;
(3) the Great Lakes provide 56,000,000,000 gallons of water
per day for municipal, agricultural and industrial use;
(4) there are more than 3,500 species of plants and animals
within the Great Lakes ecosystem;
(5) hundreds of thousands of jobs, tied to the
$7,000,000,000 recreational fishing and $16,000,000,000
recreational boating industries, directly depend on the Great
Lakes;
(6) currently, several million gallons per day of hazardous
liquids are transported by pipeline across various points along
the Great Lakes;
(7) modeling studies by the University of Michigan in 2014
and 2016 have concluded that an oil spill originating from a
pipeline under the Straits of Mackinac would present
particularly severe consequences, potentially impacting over
700 miles of Great Lakes shoreline;
(8) a joint NOAA-U.S. Coast Guard guidebook on oil spill
response planning in marine environments states that, during
the first 24 to 48 hours of open water exposure, most oil
spills become difficult to recover, burn, or chemically
disperse;
(9) swift currents beneath the straits and waterways which
connect the Great Lakes could rapidly disperse oil spill
contaminants following a pipeline breach;
(10) certain pipelines on the Great Lakes are located in
close proximity to municipal drinking water collection intakes
for millions of people; and
(11) the United States should seek to protect the Great
Lakes, as a unique national asset, from unreasonable risk of
environmental and economic harm.
SEC. 3. STUDY ON ECONOMIC AND ENVIRONMENTAL RISKS TO THE GREAT LAKES.
(a) Study.--Notwithstanding a pipeline integrity management
program, integrity management assessment schedule, or considerations by
the Secretary of Transportation resulting in a corrective action order
pursuant to section 60112 of title 49, United States Code, not later
than 18 months after the date of enactment of this Act, the Secretary
shall, in consultation with the United States Coast Guard, the
Environmental Protection Agency, the Federal Energy Regulatory
Commission, and other agencies as appropriate, conduct a study to
determine the economic and environmental risks to the Great Lakes of
spills or leaks of oil or other hazardous liquids in the Straits of
Mackinac from a rupture, breakage, or other failure of onshore,
underwater pipeline facilities within the Straits.
(b) Contents.--The study required under subsection (a) shall--
(1) meet the content requirements of an environmental
impact statement as described in part 1502 of title 40, Code of
Federal Regulations;
(2) describe the potential impacts of such spills or leaks
to the public health or welfare, wildlife populations,
ecosystems, shorelines, public and private property, economic
activity, and water quality in the Great Lakes and connecting
waterways;
(3) include an assessment of spill responses in a variety
of likely and worst-case spill scenarios in those waters; and
(4) include the supplemental study conducted under
subsection (c).
(c) Supplemental Study.--The Secretary of Transportation shall
conduct, in collaboration with pipeline facility operators and any
necessary agencies, a supplemental study to evaluate the condition and
structural integrity of onshore, underwater pipeline facilities in the
Straits of Mackinac, taking into consideration the age, construction
materials, external and internal corrosion, weld integrity, pressure,
underwater currents, possible external damage caused by anchor strikes
or dragging by recreational or cargo vessels, and the presence of in-
line shutoff valves. Such supplemental study shall utilize both
internal inspection technology and pipeline route surveys, depth of
cover surveys, pressure tests, external corrosion direct assessment, or
other technology that the operator demonstrates can further the
understanding of the condition of the pipeline facility.
(d) Termination of Operation.--Not later than 18 months after the
date of enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall terminate the
operations of an onshore, underwater pipeline facility located in the
Straits of Mackinac if the Administrator determines that, based on the
studies conducted under subsections (a) and (c), such facility poses a
sufficient risk of hazard to life, property, or the environment to
necessitate the termination. | Great Lakes Pipeline Safety Act of 2016 This bill directs the Department of Transportation (DOT) to conduct a study to determine the economic and environmental risks of oil or hazardous liquids spills or leaks in the Straits of Mackinac that a failure of onshore, underwater pipeline facilities within the straits would pose to the Great Lakes. In addition, DOT must evaluate the condition and structural integrity of the facilities. DOT shall terminate operations of a facility upon a determination, based on such studies, that risk of hazard to life, property, or the environment warrants termination. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sex Offender Registration Tips
Program Act of 2009'' or the ``SORT Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Parents for Megan's Law, Inc., a nonprofit corporation
described in section 501(c)(3) of the Internal Revenue Code of
1986 and headquartered in New York, has since 1998 educated and
supported the community, law enforcement, criminal justice, and
government agencies on issues related to sex offender
registration, notification, responsible use of information,
sexual abuse and abduction prevention, Internet Safety, and
crime victim support.
(2) Parents for Megan's Law, Inc., established and operates
the National Megan's Law Helpline, a free confidential
telephone helpline that provides information, support, and
criminal justice referrals, nationally and internationally, on
sex offender management issues. Parents for Megan's Law, Inc.
is a certified rape crisis center and provides support and
assistance to child and adult victims of sexual abuse and all
victims of violent crime. Research suggests that sexual assault
victims who receive counseling support are more likely to
report their attack to the police and participate in the
prosecution of the offender.
(3) The National Megan's Law Helpline has generated over
70,000 requests for assistance, information, or follow-up
contacts on sex offender management, crime victim support, and
prevention education issues. Helpline requests utilize the
Helpline's resources and often entail coordination with outside
resources, follow-up calls, or actual referrals to any or all
of the following: law enforcement and other criminal justice
agencies, state and local crime victims assistance agencies and
organizations, social service and human service providers, and
other service provider organizations.
(4) The Internet website of Parents for Megan's Law, Inc.,
serves as a clearinghouse and national resource for information
related to sex offender registration, notification, sexual
abuse and abduction prevention, and crime victims' support and
referrals. Such Internet website is also utilized by the public
to anonymously report Internet child pornography and child sex
tourism and as a resource for Internet Safety education.
Reports are forwarded to local law enforcement for appropriate
follow-up.
(5)(A) With limited resources, the National Megan's Law
Helpline has provided the public with a resource for
confidentially reporting registered sex offenders failing to
comply with registration requirements, supervision, or
employment restrictions or who are in positions of trust where
potential child victims can be accessed. Confidential tips are
triaged, crime victim support is provided, and referrals are
made to the appropriate criminal justice agency for follow-up
action.
(B) In fact, because of anonymous tips to the Helpline,
actions have been taken to mitigate potentially dangerous
situations, including--
(i) sending a registered sex offender back to
prison after he was identified as residing in a
registered child day care center where he could access
potential child victims;
(ii) preventing a convicted former middle school
teacher required to register as a sex offender and give
up his teacher's license, from gaining employment as an
in home children's tutor for a reputable tutoring
company where he could gain unsupervised access to
potential child victims;
(iii) having a registered sex offender who targeted
a child, and subsequently was barred from using the
Internet to develop online relationships, removed from
an Internet Dating service where he attempted to
develop a relationship with whom he believed was a
single woman with children;
(iv) sending a registered sex offender, who was on
parole for a weapons charge and restricted from
entering school grounds, back to prison for entering
school grounds and drug possession;
(v) identifying and reporting a registered sex
offender, convicted of sexually victimizing a 4-year-
old boy while baby-sitting, who had absconded and
failed to register; and
(vi) identifying, locating and reporting registered
sex offenders in violation of conditions of probation,
parole, local employment or other restriction laws.
(6) A national Sex Offender Registration Compliance survey
conducted by Parents for Megan's Law, Inc., in 2003, indicated
that, 24 percent of (or over 100,000) registered sex offenders
were not complying with sex offender registration laws. Sex
offender registry information provides parents and community
members an opportunity to protect themselves, their children,
and their communities from sexual victimization, but that
information, in order to be of value, requires labor intensive
follow-up intervention and proactive maintenance to be kept
current.
(7) Access to the National Criminal Information databases
is necessary for Parents for Megan's Law, Inc., to effectively
evaluate the veracity of tips received, proactively research
noncompliant registrants or registrants engaged in criminal
activities and provide law enforcement with viable accurate
information for follow-up action.
(8) The Sex Offender Registration Tips (SORT) Program will
reduce sexual victimization and increase sex offender
registration compliance through community tips and proactive
maintenance.
(9) Authorizing federal funds for the SORT Program will
reduce criminal sexual victimization by--
(A) supporting crime victims seeking assistance;
(B) supporting sex offender registration,
notification, and sexual abuse and abduction prevention
education and Internet Safety inquiries; and
(C) providing the public two interactive
confidential resources, the Helpline and Internet
website, for the public to provide information--
(i) about registered sex offenders who are
believed to be out of compliance with
registration requirements, supervision, or
employment restrictions and who are in
positions of trust where potential child
victims can be accessed; or
(ii) concerning sex offender activities
that indicate a heightened risk of re-
offending.
(10)(A) The SORT program will serve as a powerful national
tool supporting communities and crime victims while assisting
and advancing the mission of Federal, state, and local law
enforcement in combating sexual victimization.
(B) The SORT program and the National Megan's Law Helpline
is unique in the following ways:
(i) It provides up to date sexual abuse prevention
information, deters vigilantism, and reinforces
responsible use of information.
(ii) It provides victims who come forth with needed
information with an infrastructure of advocacy,
enforcement, and therapeutic support.
(iii) It maximizes law enforcement's already
strained resources by screening anonymous tips promptly
and effectively through the use of trained
investigators with access to public, private and law
enforcement databases.
SEC. 3. GRANTS FOR IMPLEMENTATION OF SEX OFFENDER REGISTRATION TIPS
PROGRAM.
(a) In General.--Subject to the availability of the funds
authorized to be appropriated under subsection (d), the Attorney
General shall provide grants and access to information and resources to
the not-for-profit community and victim's rights organization, Parents
for Megan's Law, Inc., to implement the Sex Offender Registration Tips
Program described in subsection (b).
(b) Sex Offender Registration Tips Program Described.--For purposes
of subsection (a), the Sex Offender Registration Tips Program is a
program to reduce sexual victimization and support victims of violent
crime by--
(1) providing up-to-date and accurate sex offender registry
information to Federal, State, and local law enforcement
entities through the National Megan's Law Helpline staffed by
Parents for Megan's Law, Inc., and the Internet website of such
organization;
(2) enabling the analysis and coordination of community
tips relating to sex offenders who fail to register in the sex
offender registry maintained by the jurisdiction involved or
who engage in activities in violation of conditions of their
probation or parole or other criminal activities;
(3) using existing Internet sex offender registries, public
information, and the National Criminal Information databases to
compare and contrast information and proactively identify high-
risk registrants who are out of compliance, in violation of
conditions of supervision, and identify the location of wanted
registrants in order to ascertain the need for follow-up action
by law enforcement;
(4) providing crime victims support, information, and
referrals; and
(5) supporting community members with up-to-date sex
offender registration, notification, and sexual abuse and
abduction prevention and Internet Safety information.
(c) Access.--Notwithstanding any other provision of law, the
Attorney General shall ensure access by Parents for Megan's Law, Inc.,
to the National Crime Information Center databases operated by the
Federal Bureau of Investigation pursuant to section 534 of title 28,
United States Code, to the extent that such access is only for purposes
within the scope of the organization's duties and responsibilities to
assist or support law enforcement agencies in administration of
criminal justice functions.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 for grants under subsection (a) for each of the
fiscal years 2010 through 2014. | Sex Offender Registration Tips Program Act of 2009 or the SORT Act of 2009 - Directs the Attorney General to: (1) provide grants and access to information and resources to Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program; and (2) ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation (FBI). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Fund for Israeli-
Palestinian Peace Authorization Act of 2017''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Peaceful co-existence in the Middle East between
Israelis and Palestinians, and between Muslims, Christians,
Jews, and those of all backgrounds is in the interests of the
United States, Israel, the Palestinian people, and the world.
(2) While the United States and its international allies
continue to support diplomatic and political negotiations
between the representatives of the parties to the conflict as
well as others, in the long run such efforts require broad
popular support among people in order to succeed. In order to
achieve lasting peace in the region, the people who live there
must, over time, sustain any potential high-level agreements.
(3) Through many independent individual and nongovernmental
activities, tens of thousands of people of different
backgrounds are already working together to build better
relations between people, through people-to-people coexistence
and trust-building measures, activities, and other cooperative
efforts.
(4) By working cooperatively on shared goals and addressing
mutual understanding, participants in such activities,
including youth, can come to reject violence and understand the
promise of peaceful coexistence.
(5) Through support for people-to-people exchanges in the
region and joint economic initiatives, millions of ordinary
citizens affected by this conflict can assist in building
support for lasting peace.
(6) Working together, the United States, countries around
the world, and the private sector can, and often seek to
support opportunities that, help sustain support for peace with
the establishment and funding of an independent International
Fund for Israeli-Palestinian Peace (referred to in this Act as
the ``International Fund''), to promote and support contact,
cooperation, dialogue, shared community building, peaceful
coexistence, joint economic development, and reconciliation
between Israelis and Palestinians.
(7) United States and international support for grassroots
people-to-people efforts can help serve as an antidote to false
propaganda by terrorist groups and the growing issue of
incitement.
(8) The International Fund shall serve as a coordinating
entity offering expertise and support, adhering to best
practices for governance, transparency, assessment and
accountability. The International Fund will be an ongoing
presence and catalyst for rejecting violence and building broad
public support for sustaining peace in the region. The
International Fund is not intended to be a political forum, but
a grant-making body to facilitate enduring people-to-people
relationships and sustained joint economic development.
(b) Purposes.--The purposes of this Act are as follows:
(1) To urge the President to make every effort, in
conjunction with the Government of Israel, the Palestinian
Authority, regional governments, and the international
community to establish a non-political, mutually acceptable
International Fund to promote and support contact, cooperation,
dialogue, shared community building, peaceful coexistence,
joint economic development, and reconciliation between Israelis
and Palestinians.
(2) To provide for United States contributions to consist
of amounts made available to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.
(relating to the Economic Support Fund)) for payment to the
International Fund to carry out the activities described in
paragraph (1), in addition to overhead costs of the
establishment of said fund and the function of its oversight
board.
SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND FOR ISRAELI-PALESTINIAN
PEACE.
Congress urges the President to make every effort, in conjunction
with the Government of Israel, the Palestinian Authority, and the
international community, to establish an International Fund for
Israeli-Palestinian Peace governed by a board of the constituent
parties to carry out the purposes described in section 2(b).
SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND FOR
ISRAELI-PALESTINIAN PEACE.
(a) In General.--Of the amounts made available for each of fiscal
years 2017 through 2021 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the
Economic Support Fund)), $50,000,000 is authorized to be appropriated
for United States contributions to the International Fund following the
committee of jurisdictions agreement to the structure of the fund and
its board.
(b) Additional Authorities.--Amounts authorized to be appropriated
pursuant to subsection (a)--
(1) are in addition to amounts otherwise authorized to be
appropriated for such purposes; and
(2) are authorized to remain available until expended.
SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO INTERNATIONAL FUND
FOR ISRAELI-PALESTINIAN PEACE.
(a) Support and Promotion of Purposes.--United States contributions
to the International Fund provided for in section 4 may be used only to
support and promote the purposes described in section 2(b).
(b) Additional Restrictions.--The restrictions described in section
531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall
apply to United States contributions to the International Fund provided
for in section 4 to the same extent and in the same manner as such
restrictions apply to amounts made available to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961. The United States
contributions shall be managed and dispersed through existing USAID
mechanisms.
(c) United States Representation on Board of International Fund.--
The United States shall provide two representatives from different
political parties to the Board of the International Fund. The function
of the board is to provide recommendations for programmatic support and
direction on promoting contact, cooperation, dialogue, shared community
building, peaceful coexistence, joint economic development, and
reconciliation between Israelis and Palestinians. The board should
oversee and contain an expertise in program integrity, monitoring and
evaluation and assessment.
SEC. 6. ANNUAL REPORT.
(a) In General.--At the end of each fiscal year in which the United
States Government makes any contribution to the International Fund in
accordance with this Act, the President shall transmit to Congress a
written report on the extent to which the International Fund and United
States contributions to the International Fund have contributed to
promoting and supporting contact, cooperation, dialogue, shared
community building, peaceful coexistence, joint economic development,
and reconciliation between Israelis and Palestinians.
(b) Matters To Be Included.--The reports required under subsection
(a) shall also include the following:
(1) Information on contributions pledged to, contributions
(including donations from the private sector) received by, and
projects funded by the International Fund, and the mechanisms
established for transparency and accountability in the grant-
making process.
(2) A description of the International Fund's operations,
activities, budget, receipts, and expenditures for the
preceding 12-month period, including an audited report of the
International Fund's finances, including statements of
financial position, operations, and cash flows, in accordance
with the United States generally accepted government auditing
standards as prescribed by the Comptroller General.
(3) Insights gleaned from what drives the efficacy of
people-to-people relationships in addition to a description of
potential strategies for getting to sustainability for civic
institutions that the fund creates or supports including novel
financing mechanisms. | International Fund for Israeli-Palestinian Peace Authorization Act of 2017 This bill urges the President to make every effort, in conjunction with the government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The bill authorizes appropriations for U.S. contributions to the fund following the committee of jurisdictions' agreement to the structure of the fund and its board. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Security Stakeholder
Participation Act of 2014''.
SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44946. Aviation Security Advisory Committee
``(a) Establishment.--The Assistant Secretary shall establish
within the Transportation Security Administration an aviation security
advisory committee.
``(b) Duties.--
``(1) In general.--The Assistant Secretary shall consult the
Advisory Committee, as appropriate, on aviation security matters,
including on the development, refinement, and implementation of
policies, programs, rulemaking, and security directives pertaining
to aviation security, while adhering to sensitive security
guidelines.
``(2) Recommendations.--
``(A) In general.--The Advisory Committee shall develop, at
the request of the Assistant Secretary, recommendations for
improvements to aviation security.
``(B) Recommendations of subcommittees.--Recommendations
agreed upon by the subcommittees established under this section
shall be approved by the Advisory Committee before transmission
to the Assistant Secretary.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Assistant Secretary--
``(A) reports on matters identified by the Assistant
Secretary; and
``(B) reports on other matters identified by a majority of
the members of the Advisory Committee.
``(4) Annual report.--The Advisory Committee shall submit to
the Assistant Secretary an annual report providing information on
the activities, findings, and recommendations of the Advisory
Committee, including its subcommittees, for the preceding year. Not
later than 6 months after the date that the Secretary receives the
annual report, the Secretary shall publish a public version
describing the Advisory Committee's activities and such related
matters as would be informative to the public consistent with the
policy of section 552(b) of title 5.
``(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee under
paragraph (4), the Assistant Secretary shall respond in writing to
the Advisory Committee with feedback on each of the
recommendations, an action plan to implement any of the
recommendations with which the Assistant Secretary concurs, and a
justification for why any of the recommendations have been
rejected.
``(6) Congressional notification.--Not later than 30 days after
providing written feedback to the Advisory Committee under
paragraph (5), the Assistant Secretary shall notify the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of Representatives on
such feedback, and provide a briefing upon request.
``(7) Report to congress.--Prior to briefing the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of Representatives
under paragraph (6), the Assistant Secretary shall submit to such
committees a report containing information relating to the
recommendations transmitted by the Advisory Committee in accordance
with paragraph (4).
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Aviation Security Stakeholder Participation
Act of 2014, the Assistant Secretary shall appoint the members
of the Advisory Committee.
``(B) Composition.--The membership of the Advisory
Committee shall consist of individuals representing not more
than 34 member organizations. Each organization shall be
represented by 1 individual (or the individual's designee).
``(C) Representation.--The membership of the Advisory
Committee shall include representatives of air carriers, all-
cargo air transportation, indirect air carriers, labor
organizations representing air carrier employees, labor
organizations representing transportation security officers,
aircraft manufacturers, airport operators, airport construction
and maintenance contractors, labor organizations representing
employees of airport construction and maintenance contractors,
general aviation, privacy organizations, the travel industry,
airport-based businesses (including minority-owned small
businesses), businesses that conduct security screening
operations at airports, aeronautical repair stations, passenger
advocacy groups, the aviation security technology industry
(including screening technology and biometrics), victims of
terrorist acts against aviation, and law enforcement and
security experts.
``(2) Term of office.--
``(A) Terms.--The term of each member of the Advisory
Committee shall be 2 years. A member of the Advisory Committee
may be reappointed.
``(B) Removal.--The Assistant Secretary may review the
participation of a member of the Advisory Committee and remove
such member for cause at any time.
``(3) Prohibition on compensation.--The members of the Advisory
Committee shall not receive pay, allowances, or benefits from the
Government by reason of their service on the Advisory Committee.
``(4) Meetings.--
``(A) In general.--The Assistant Secretary shall require
the Advisory Committee to meet at least semiannually and may
convene additional meetings as necessary.
``(B) Public meetings.--At least 1 of the meetings
described in subparagraph (A) shall be open to the public.
``(C) Attendance.--The Advisory Committee shall maintain a
record of the persons present at each meeting.
``(5) Member access to sensitive security information.--Not
later than 60 days after the date of a member's appointment, the
Assistant Secretary shall determine if there is cause for the
member to be restricted from possessing sensitive security
information. Without such cause, and upon the member voluntarily
signing a non-disclosure agreement, the member may be granted
access to sensitive security information that is relevant to the
member's advisory duties. The member shall protect the sensitive
security information in accordance with part 1520 of title 49, Code
of Federal Regulations.
``(6) Chairperson.--A stakeholder representative on the
Advisory Committee who is elected by the appointed membership of
the Advisory Committee shall chair the Advisory Committee.
``(d) Subcommittees.--
``(1) Membership.--The Advisory Committee chairperson, in
coordination with the Assistant Secretary, may establish within the
Advisory Committee any subcommittee that the Assistant Secretary
and Advisory Committee determine to be necessary. The Assistant
Secretary and the Advisory Committee shall create subcommittees to
address aviation security issues, including the following:
``(A) Air cargo security.--The implementation of the air
cargo security programs established by the Transportation
Security Administration to screen air cargo on passenger
aircraft and all-cargo aircraft in accordance with established
cargo screening mandates.
``(B) General aviation.--General aviation facilities,
general aviation aircraft, and helicopter operations at general
aviation and commercial service airports.
``(C) Perimeter and access control.--Recommendations on
airport perimeter security, exit lane security and technology
at commercial service airports, and access control issues.
``(D) Security technology.--Security technology standards
and requirements, including their harmonization
internationally, technology to screen passengers, passenger
baggage, carry-on baggage, and cargo, and biometric technology.
``(2) Risk-based security.--All subcommittees established by
the Advisory Committee chairperson in coordination with the
Assistant Secretary shall consider risk-based security approaches
in the performance of their functions that weigh the optimum
balance of costs and benefits in transportation security, including
for passenger screening, baggage screening, air cargo security
policies, and general aviation security matters.
``(3) Meetings and reporting.--Each subcommittee shall meet at
least quarterly and submit to the Advisory Committee for inclusion
in the annual report required under subsection (b)(4) information,
including recommendations, regarding issues within the
subcommittee.
``(4) Subcommittee chairs.--Each subcommittee shall be co-
chaired by a Government official and an industry official.
``(e) Subject Matter Experts.--Each subcommittee under this section
shall include subject matter experts with relevant expertise who are
appointed by the respective subcommittee chairpersons.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee and its
subcommittees.
``(g) Definitions.--In this section:
``(1) Advisory committee.--The term `Advisory Committee' means
the aviation security advisory committee established under
subsection (a).
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Homeland Security (Transportation
Security Administration).
``(3) Perimeter security.--
``(A) In general.--The term `perimeter security' means
procedures or systems to monitor, secure, and prevent
unauthorized access to an airport, including its airfield and
terminal.
``(B) Inclusions.--The term `perimeter security' includes
the fence area surrounding an airport, access gates, and access
controls.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
449 of title 49, United States Code, is amended by adding at the end
the following new item:
``44946. Aviation Security Advisory Committee.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 9, 2014. Aviation Security Stakeholder Participation Act of 2014 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish in the TSA an aviation security advisory committee. Requires the Assistant Secretary to consult with the Advisory Committee on aviation security matters. Requires the Advisory Committee to develop, upon the Assistant Secretary's request, recommendations to improve aviation security. Requires the Assistant Secretary to appoint to the Advisory Committee members representing up to 34 member organizations, including air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees as well as those representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors as well as labor organizations representing them, general aviation, privacy organizations, the travel industry, airport-based businesses, businesses that conduct security operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts. Establishes within the Advisory Committee: (1) an air cargo security subcommittee; (2) a general aviation subcommittee; (3) an airport perimeter security and access control subcommittee; and (4) a security technology subcommittee. Requires all subcommittees to consider risk-based security approaches in the performance of their functions with respect to transportation security. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Asset Investment and
Modernization (AIM) Act of 2010''.
SEC. 2. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.
Section 502(2)(A) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)(A)) is amended--
(1) in clause (i), by striking ``$1,500,000'' and inserting
``$5,000,000'';
(2) in clause (ii), by striking ``$2,000,000'' and
inserting ``$5,000,000'';
(3) in clause (iii), by striking ``$4,000,000'' and
inserting ``$5,500,000'';
(4) in clause (iv), by striking ``$4,000,000'' and
inserting ``$5,500,000''; and
(5) in clause (v), by striking ``$4,000,000'' and inserting
``$5,500,000''.
SEC. 3. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS
LOAN PROGRAM.
Section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) is amended by adding at the end the following:
``(8) Temporary authority for debt refinancing of
commercial real estate.--
``(A) In general.--During the period beginning on
the date of enactment of this paragraph and ending on
September 30, 2012, notwithstanding paragraph (7), the
Administrator may approve, for financing under this
title, the refinancing of indebtedness that is secured
by a lien on commercial real estate or equipment of a
small business concern under such terms and conditions
as the Administrator determines appropriate, except at
a minimum such terms and conditions shall include the
following:
``(i) The existing indebtedness is maturing
not more than one year after the loan approval
date.
``(ii) The proceeds of the existing
indebtedness were used to acquire land,
including a building situated thereon, to
construct a building thereon, or to purchase
equipment.
``(iii) The small business concern has been
current on all payments due on the existing
indebtedness for a period beginning on a date
that is not less than 1 year before the date of
refinancing and ending on the date of
refinancing.
``(iv) At the time of refinancing, the lien
shall be assigned or released in a manner that
ensures that the financing under this title is
in the same lien position as the existing
indebtedness.
``(v) The existing indebtedness was
incurred for the benefit of the small business
concern.
``(vi) The financing under this title will
be used only for refinancing existing
indebtedness or costs relating to such
refinancing.
``(vii) The amount being refinanced may not
exceed 90 percent of the appraised value of the
commercial real estate or equipment on the date
of refinancing or 100 percent of the
outstanding principal amount of the existing
indebtedness, whichever is less, plus allowable
closing costs as determined by the
Administrator.
``(viii) Notwithstanding any other
provision of this title, for a refinancing
under this paragraph--
``(I) not less than 50 percent of
the appraised value of the commercial
real estate or equipment on the date of
refinancing shall come from the
institutions described in subclauses
(I), (II) or (III) of paragraph
(3)(B)(i): Provided, That if the
indebtedness being refinanced pursuant
to this paragraph is held by such an
institution, or an affiliate thereof,
that is providing funds for the
refinancing, the institution shall
contribute not less than 70 percent of
such appraised value of the commercial
real estate or equipment; and
``(II) the remaining funds needed
for the refinancing (including closing
costs) shall come from the development
company.
``(ix) In addition to the other fees
imposed under this title, the Administrator
shall assess, collect, and retain such annual
fees in amounts necessary to reduce to zero the
cost (as that term is defined in section 502 of
the Federal Credit Reform Act of 1990) to the
Administrator of making guarantees under the
authority of section 503(a) with respect to
refinancings under this paragraph.
``(x) The temporary fee elimination
authorized under section 501(b) of the American
Recovery and Reinvestment Act of 2009, Public
Law 111-5, shall not apply to any refinancing
made under this paragraph.
``(xi) No fee reduction or elimination
applicable to loans under this title shall
apply to loans under this paragraph.
``(xii) No portion of the indebtedness may
be subject to a guarantee by a Federal agency.
``(xiii) The development company may charge
the small business concern a processing fee of
up to 50 basis points more than the amount that
the Administrator authorizes under section
120.971(a)(1) of title 13, Code of Federal
Regulations, as in effect on January 1, 2010.
``(B) Total amount of loans.--The Administrator may
provide not more than a total of $7,500,000,000 of
financing under this paragraph for each fiscal year.
``(C) Nondelegation.--Notwithstanding section
508(e) of this title, the Administrator may not permit
a premier certified lender to approve or disapprove an
application for assistance under this paragraph.
``(D) Term appointments.--
``(i) To carry out the authority under this
paragraph, the Administrator may authorize term
appointments within the Administration under
subchapter I of chapter 33 of title 5, United
States Code, for a period of not less than 1
year and not more than 6 years.
``(ii) Notwithstanding chapter 33 of title
5, United States Code, or any other provision
of law relating to the examination,
certification, and appointment of individuals
in the competitive service, the Administrator
may convert an employee serving under a term
appointment to a permanent appointment in the
competitive service within the Administration
without further competition if--
``(I) such individual was appointed
under open, competitive examination
under subchapter I of chapter 33 of
title 5, United States Code, to the
term position;
``(II) the announcement for the
term appointment from which the
conversion is made stated that there
was potential for subsequent conversion
to a career-conditional or career
appointment;
``(III) the employee has completed
at least 2 years of current continuous
service under a term appointment in the
competitive service;
``(IV) the employee's performance
under such term appointment was at
least fully successful or equivalent;
and
``(V) the position to which such
employee is being converted under this
section is in the same occupational
series, is in the same geographic
location, and provides no greater
promotion potential than the term
position for which the competitive
examination was conducted.
``(iii) Notwithstanding chapter 33 of title
5, United States Code, or any other provision
of law relating to the examination,
certification, and appointment of individuals
in the competitive service, the Administrator
may convert an employee serving under a term
appointment to a permanent appointment in the
competitive service within the Administration
through internal competitive promotion
procedures if the conditions under subclauses
(I) through (IV) of subparagraph (D)(ii) are
met.
``(iv) An employee converted under this
subparagraph becomes a career-conditional
employee, unless the employee has otherwise
completed the service requirements for career
tenure.
``(v) An employee converted to career or
career-conditional employment under this
subparagraph acquires competitive status upon
conversion.
``(E) Elimination of pension offset for certain
rehired federal retirees.--
``(i) In general.--To carry out the
authority under this paragraph, the
Administrator may waive the application of
section 8344 or 8468 of title 5, United States
Code, on a case-by-case basis for employment of
an annuitant.
``(ii) Procedures.--The Administrator shall
prescribe procedures for the exercise of
authority under this subparagraph, including--
``(I) criteria for any exercise of
authority; and
``(II) procedures for a delegation
of authority.
``(iii) Effect of waiver.--An employee as
to whom a waiver under this subparagraph is in
effect shall not be considered an employee for
purposes of subchapter III of chapter 83, or
chapter 84, of title 5, United States Code.
``(F) Emergency rulemaking authority.--
``(i) The Administrator shall--
``(I) not later than 90 days after
the date of enactment of the Small
Business Asset Investment and
Modernization (AIM) Act of 2010,
without providing notice or opportunity
for comment, issue interim regulations
implementing this paragraph; and
``(II) not later than 180 days
after the date of enactment of the
Small Business Asset Investment and
Modernization (AIM) Act of 2010, after
providing notice and opportunity for
comment, issue final regulations
implementing this paragraph.
``(ii) The interim regulations issued under
clause (i)(I) shall cease to be effective on
the date that the Administrator issues final
regulations under clause (i)(II).''. | Small Business Asset Investment and Modernization (AIM) Act of 2010 - Amends the Small Business Investment Act of 1958 concerning the 504 program (Small Business Administration [SBA] financings to small businesses through certified development companies) to increase maximum program loan amounts.
Authorizes the Administrator of the SBA, from the date of enactment of this Act through FY2012, to approve under such program the refinancing of indebtedness that is secured by a lien on commercial real estate or equipment of a small business, under specified terms and conditions. Limits to $7.5 billion the total amount of such financing in a fiscal year. Authorizes the Administrator, in order to carry out such program, to make personnel appointments of at least one year and not more than six years. Allows the Administrator to eliminate the pension offset for the reemployment of retired federal employees for such purposes. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Export Promotion Act
of 1994''.
SEC. 2. PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS.
(a) Environmental Technologies Trade Advisory Committee.--Section
2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is
amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Environmental Technologies Trade Advisory Committee.--
``(1) Establishment and purpose.--The Secretary, in
carrying out the duties of the chairperson of the TPCC, shall
establish the Environmental Technologies Trade Advisory
Committee (hereafter in this section referred to as the
`Committee'). The purpose of the Committee shall be to provide
advice and guidance to the Working Group in the development and
administration of programs to expand United States exports of
environmental technologies, goods, and services.
``(2) Membership.--
``(A) In general.--The members of the Committee
shall be drawn from representatives of--
``(i) environmental businesses, including
small businesses;
``(ii) trade associations in the
environmental sector;
``(iii) private sector organizations
involved in the promotion of environmental
exports;
``(iv) the States (as defined in section
2301(j)(5)) and associations representing the
States; and
``(v) other appropriate interested members
of the public.
``(B) Committee composition.--The Secretary shall
appoint as members of the Committee no fewer than 1
individual under each of clauses (i) through (v) of
subparagraph (A).
``(d) Export Plans for Priority Countries.--
``(1) Priority country identification.--The Working Group,
in consultation with the Committee, shall annually assess which
foreign countries have markets with the greatest potential for
the export of United States environmental technologies, goods,
and services. Of these countries, the Working Group shall
select the 5 countries with the greatest potential for the
application of United States Government export promotion
resources related to environmental exports as `priority
countries'.
``(2) Export plans.--The Working Group, in consultation
with the Committee, shall annually create a plan for each
priority country selected under paragraph (1), setting forth in
detail ways to increase United States environmental exports to
such country. Each plan shall--
``(A) identify the primary public and private
sector opportunities for United States exporters of
environmental technologies, goods, and services in the
priority country;
``(B) analyze the financing and other requirements
for major projects in the priority country which will
use environmental technologies, goods, and services,
and analyze whether such projects are dependent upon
financial assistance from foreign countries or
multilateral institutions; and
``(C) list specific actions to be taken by the
member agencies of the Working Group to increase United
States exports to the priority country.''.
(b) Additional Mechanisms To Promote Environmental Exports.--
Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is
amended by adding at the end the following:
``(f) Environmental Technologies Specialists in the United States
and Foreign Commercial Service.--
``(1) Assignment of environmental technologies
specialists.--The Secretary shall assign a specialist in
environmental technologies to the office of the United States
and Foreign Commercial Service in each of the 5 priority
countries selected under subsection (d)(1), and the Secretary
is authorized to assign such a specialist to the office of the
United States and Foreign Commercial Service in any country
that is a promising market for United States exports of
environmental technologies, goods, and services. Such
specialist may be an employee of the Department of Commerce, an
employee of any relevant Government department or agency
assigned on a temporary or limited term basis to the Department
of Commerce, or a representative of the private sector assigned
to the Department of Commerce.
``(2) Duties of environmental technologies specialists.--
Each specialist assigned under paragraph (1) shall provide
export promotion assistance to United States environmental
businesses, including--
``(A) identifying factors in the country to which
the specialist is assigned that affect the United
States share of the domestic market for environmental
technologies, goods, and services, including market
barriers, standards-setting activities, and financing
issues;
``(B) providing assessments of assistance by
foreign governments to producers of environmental
technologies, goods, and services in such countries in
order to enhance exports to the country to which the
specialist is assigned, the effectiveness of such
assistance on the competitiveness of United States
products, and whether comparable United States
assistance exists;
``(C) training Foreign Commercial Service Officers
in the country to which the specialist is assigned,
other countries in the region, and United States and
Foreign Commercial Service offices in the United
States, in environmental technologies and the
international environmental market;
``(D) providing assistance in identifying potential
customers and market opportunities in the country to
which the specialist is assigned;
``(E) providing assistance in obtaining necessary
business services in the country to which the
specialist is assigned;
``(F) providing information on environmental
standards and regulations in the country to which the
specialist is assigned; and
``(G) providing information on all United States
programs that could assist the promotion, financing,
and sale of United States environmental technologies,
goods, and services in the country to which the
specialist is assigned.
``(g) Environmental Training in One-Stop Shops.--In addition to the
training provided under subsection (f)(2)(C), the Secretary shall
establish a mechanism to train--
``(1) Commercial Service Officers assigned to the one-stop
shops provided for in section 2301(b)(8); and
``(2) Commercial Service Officers assigned to district
offices in districts having large numbers of environmental
businesses;
in environmental technologies and in the international environmental
marketplace, and ensure that such officers receive appropriate training
under such mechanism. Such training may be provided by officers or
employees of the Department of Commerce, and other United States
departments and agencies, with appropriate expertise in environmental
technologies and the international environmental workplace, and by
appropriate representatives of the private sector.
``(h) International Regional Environmental Initiatives.--
``(1) Establishment of initiatives.--The TPCC shall
establish not less than one international regional
environmental initiative, the purpose of which shall be to
coordinate the activities of Federal departments and agencies
in order to build environmental partnerships between the United
States and the geographic region outside of the United States
for which such initiative is established. Such partnerships
shall enhance environmental protection and promote sustainable
development by using technical expertise and financial
resources of the United States departments and agencies that
provide foreign assistance, and by expanding United States
exports of environmental technologies, goods, and services to
that region.
``(2) Activities.--In carrying out each international
regional environmental initiative, the TPCC shall--
``(A) support the development of sound
environmental policies and practices in countries in
the geographic region for which the initiative is
established, including the development of
environmentally sound regulatory regimes and
enforcement mechanisms, through the provision of
foreign assistance;
``(B) identify and disseminate to United States
environmental businesses information regarding specific
environmental business opportunities in that geographic
region;
``(C) coordinate existing Federal efforts to
promote environmental exports to that geographic
region, and ensure that such efforts are fully
coordinated with environmental export promotion efforts
undertaken by the States and the private sector;
``(D) increase assistance provided by the United
States to promote exports from the United States of
environmental technologies, goods, and services to that
geographic region, such as trade missions, reverse
trade missions, trade fairs, and programs in the United
States to train foreign nationals in United States
environmental technologies; and
``(E) increase high-level advocacy by Government
officials (including the United States ambassadors to
the countries in the geographic region outside of the
United States) for United States environmental
businesses seeking market opportunities in that
geographic region.
``(i) Environmental Technologies Project Advocacy Calendar and
Information Dissemination Program.--The Working Group shall--
``(1) maintain a calendar, updated at the end of each
calendar quarter, of significant opportunities for United
States environmental businesses in foreign markets and trade
promotion events, which shall--
``(A) be made available to the public;
``(B) identify not less than 50 nor more than 100
environmental infrastructure and procurement projects
in foreign markets that have the greatest potential in
the calendar quarter for United States exports of
environmental technologies, goods, and services; and
``(C) include trade promotion events, such as trade
missions and trade fairs, in the environmental sector;
and
``(2) provide, through the National Trade Data Bank and
other information dissemination channels, information on
opportunities for environmental businesses in foreign markets
and information on Federal export promotion programs.
``(j) Regional Centers.--The Secretary, through the Assistant
Secretary of Commerce and Director General of the United States and
Foreign Commercial Service, is authorized to provide matching funds for
the establishment in the United States of regional environmental
business and technology cooperation centers that will draw upon the
expertise of the private sector and institutions of higher education
and existing Federal programs to provide export promotion assistance
related to environmental technologies, goods, and services.
``(k) Definition.--For purposes of this section, the term
`environmental business' means a business that produces environmental
technologies, goods, or services.''. | Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to direct the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to advise and guide the Environmental Trade Promotion Working Group in the development and administration of programs to expand U.S. exports of environmental technologies, goods, and services.
Requires the Working Group to assess annually which foreign countries have markets with the greatest potential for such exports, and select five of them as priority countries for the application of U.S. Government export promotion resources. Requires the Working Group to create annual plans for each priority country, detailing ways to increase U.S. environmental exports to such country.
Directs the Secretary to assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the five priority countries, and authorize similar assignments in any countries that are promising markets for such exports. Specifies the duties of such specialists.
Requires the Secretary to establish: (1) a mechanism to give environmental technology and international environmental marketplace training to Commercial Service Officers assigned to one-stop shops and to district offices in districts with large numbers of environmental businesses; and (2) ensure that such officers receive appropriate training under such mechanism.
Directs the Trade Promotion Coordinating Committee (TPCC) to establish not less than one international regional environmental initiative to coordinate Federal activities to build environmental partnerships between the United States and the geographic region outside the United States for which such an initiative is established. Specifies TPCC activities in carrying out such initiative.
Directs the Working Group to maintain an environmental technologies project advocacy calendar, updated quarterly, identifying and providing information on significant project opportunities for U.S. environmental businesses in foreign markets and trade promotion events.
Authorizes the Secretary to provide matching funds for the establishment in the United States of regional environmental business and technology cooperation centers that will draw upon the expertise of the private sector, institutions of higher education, and existing Federal programs to provide export promotion assistance related to environmental technologies, goods, and services. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Credit Act of 2001''.
SEC. 2. DEFINITION OF DEBT FORGIVENESS.
Section 343(a)(12)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as
follows:
``(B) Exceptions.--The term `debt forgiveness' does
not include--
``(i) consolidation, rescheduling,
reamortization, or deferral of a loan;
``(ii) a write-down during the lifetime of
the borrower that is due to a financial problem
of the borrower relating to a natural disaster
or a medical condition of the borrower or an
immediate family member of the borrower (or, in
the case of a borrower that is an entity, a
principal owner of the borrower or an immediate
family member of such an owner); or
``(iii) any write-down provided as a part
of a resolution of a discrimination complaint
against the Secretary.''.
SEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS.
Section 373(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008h(b)) is amended to read as follows:
``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt
Forgiveness.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may not make or guarantee a loan under subtitle A or
B to a borrower who, on more than 2 occasions, received debt
forgiveness on a loan made or guaranteed under this title.
``(2) Exceptions.--The Secretary may make a direct or
guaranteed farm operating loan for paying annual farm or ranch
operating expenses of a borrower who--
``(A) was restructured with a write-down under
section 353; or
``(B) is current on payments under a confirmed
reorganization plan under chapter 11, 12, or 13 of
title 11, United States Code.''.
SEC. 4. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS.
Section 355(c)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated
within such State'' and inserting ``in the first 10 months of the
fiscal year may be pooled and rcated for use of socially disadvantaged
farmers and ranchers in other States as determined by the Secretary, in
excess of the funds otherwise allocated in accordance with this
section''.
SEC. 5. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS
OR EMERGENCIES.
(a) Direct Operating Loans.--Section 311(c) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraph (3), the''
and inserting ``The'';
(B) in subparagraph (B), by striking ``or'';
(C) in subparagraph (C), by striking the period and
inserting ``; or''; and
(D) by adding at the end the following:
``(D) is operating in an area which, during the
previous or current crop year--
``(i) the Secretary finds has been affected
by a natural disaster in the United States or
by a major disaster or emergency designated by
the President under the Disaster Relief and
Emergency Assistance Act; or
``(ii) has suffered from an economic
emergency, as determined by the Secretary.'';
and
(2) by striking paragraph (3).
(b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7
U.S.C. 1949(b)(2)) is amended to read as follows:
``(2) Disasters and emergencies.--A farmer or rancher shall
be eligible to receive a guaranteed operating loan under this
subtitle if the borrower is operating in an area which, during
the preceding or current crop year--
``(A) the Secretary finds has been affected by a
natural disaster in the United States or by a major
disaster or emergency designated by the President under
the Disaster Relief and Emergency Assistance Act; or
``(B) has suffered from an economic emergency, as
determined by the Secretary.''.
SEC. 6. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT.
(a) In General.--Section 353(e)(3) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``,
and 50'' and inserting ``, 50 percent if the recapture occurs after 4
years and within 8 years after the restructuring, and 35''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to shared appreciation arrangements with respect to which
recapture has not occurred, regardless of whether the arrangements were
entered into before, on, or after the date of the enactment of this
Act.
SEC. 7. TECHNICAL CORRECTION.
Section 353 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2001) is amended--
(1) by striking subsection (m); and
(2) by redesignating subsections (n) and (o) as subsections
(m) and (n), respectively. | Agricultural Credit Act of 2001 - Amends the Consolidated Farm and Rural Development Act to exclude from "debt forgiveness": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) a write-down due to natural disaster or family medical condition; or (3) a write-down as part of the resolution of a discrimination complaint against the Secretary of Agriculture.Increases the number of occasions of permitted loan or loan guarantee debt forgiveness per borrower from one to two. Includes as an exception to such limitation an operating loan or loan guarantee to an individual whose payments are current under a specified reorganization plan.Permits excess funds obligated for socially disadvantaged farmers to be reallocated for such use in another State (currently limited to intrastate reallocation).Permits direct operating loans and loan guarantees to be made to persons in areas: (1) affected by a natural disaster or designated emergency; or (2) determined to be suffering from an economic emergency.Revises (shared appreciation arrangement) recapture percentage provisions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Investments in America's
Cities Act''.
SEC. 2. MODIFICATION OF EB-5 VISA PROGRAM.
Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)) is amended by adding at the end the following:
``(E) Set-aside for economically distressed urban
areas.--
``(i) In general.--Not less than 3,000 of
the visas made available under this paragraph
in each fiscal year shall be reserved for
qualified immigrants seeking to invest in a new
commercial enterprise described in subparagraph
(A) which will create employment in an
economically distressed urban area and--
``(I) with respect to which such
alien or a relative of that alien has
invested or, is actively in the process
of investing, in that new enterprise,
capital in an amount not less than the
amount specified in clause (ii);
``(II) with respect to which such
alien has completed an investment
agreement with a qualified venture
capital operating company for an
investment in that new enterprise of an
amount not less than the amount
specified in clause (ii); or
``(III) with respect to which such
alien has completed an investment
agreement with one or more angel
investors for an investment in that new
enterprise of an amount not less than
the amount specified in clause (ii).
``(ii) Capital amount required.--The amount
of capital specified in this clause is
$250,000. To account for inflation, the
Secretary of Homeland Security may by rule
adjust the amount of capital specified in this
clause.
``(iii) Definitions.--In this subparagraph:
``(I) Angel investor.--The term
`angel investor' means, with respect to
a qualified immigrant, an individual
who--
``(aa) is an accredited
investor (as defined in section
230.501(a) of title 17, Code of
Federal Regulations (as in
effect on April 1, 2010));
``(bb) is a United States
citizen or an alien lawfully
admitted to the United States
for permanent residence; and
``(cc) has made at least 2
equity investments of not less
than $50,000 in each of the 3
years before the date of a
petition by the qualified
immigrant for classification
under this paragraph.
``(II) Economically distressed
urban area.--The term `economically
distressed urban area' means, at the
time a petition for classification
under this paragraph is filed the
following:
``(aa) A city that has an
average unemployment rate of
not less than 150 percent of
the national average rate for
the preceding year.
``(bb) Any principal city
for a Metropolitan Statistical
Area, as defined by the Office
of Management and Budget.
``(III) Qualified venture capital
operating company.--The term `qualified
venture capital operating company'
means an entity that--
``(aa) is registered under
the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.);
or
``(bb) is an investment
company, as defined in
subsection (a)(1) of section 3
of such Act (15 U.S.C. 80a-3),
that is exempt from
registration under subsection
(c)(1) or (c)(7) of such
section, and is not registered.
``(IV) Relative.--The term
`relative' means, with respect to a
qualified immigrant--
``(aa) a spouse;
``(bb) a sibling;
``(cc) a child;
``(dd) a parent;
``(ee) an aunt or uncle;
``(ff) a first cousin; or
``(gg) a grandparent.''.
SEC. 3. EXPEDITED PROCESSING FOR CERTAIN EB-5 INVESTORS.
Section 286(u) of the Immigration and Nationality Act (8 U.S.C.
1356(u)) is amended by adding at the end the following: ``In the case
of a petition filed under section 204(a)(1)(H) for classification under
section 203(b)(5)(E), the petitioner shall be guaranteed of a decision
on the petition in 60 days or less.''.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress on the EB-5 Visa Program authorized
under section 203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)).
(b) Contents.--The report described in subsection (a) shall include
information regarding--
(1) the number of immigrant entrepreneurs who have received
a visa under such visa program, listed by country of origin;
(2) the localities in which such immigrant entrepreneurs
have initially settled;
(3) whether such immigrant entrepreneurs generally remain
in the localities in which they initially settle;
(4) the types of commercial enterprises that such immigrant
entrepreneurs have established; and
(5) the types and number of jobs created by such immigrant
entrepreneurs. | Global Investments in America's Cities Act - Amends the Immigration and Nationality Act to set aside at least 3,000 employment creation immigrant visas each fiscal year for qualified immigrants seeking to invest in a new commercial enterprise which will create employment in an economically distressed urban area and with respect to which such alien: (1) has invested at least $250,000; (2) has completed an investment agreement with a qualified venture capital operating company for an investment of at least $250,000; or (3) has completed an investment agreement with one or more angel investors for an investment of at least $250,000.
Requires petitions for such immigrant visas to be decided within 60 days.
Directs the Government Accountability Office (GAO) to report to Congress on the EB-5 visa program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Border Security Assistance
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The United States and Mexico have recently experienced
a significant increase in violence along the international
border between the 2 countries.
(2) The international border between the United States and
Mexico is being used as a gateway for drug cartels and criminal
enterprises that are illegally trafficking guns, people, and
drugs.
(3) The partnership between the United States and Mexican
governments is critical--
(A) to address recent border violence; and
(B) to ensure the continued flow of legitimate
cross-border commerce, traffic and trade.
(4) The national security of the United States is
paramount.
(5) While it is the job of the Federal Government to
protect national security by securing our Nation's borders,
State, local, and tribal law enforcement entities also provide
the first line of defense on the border and are critical first
responders to national security or public safety threats.
(b) Sense of Congress.--It is the sense of Congress that--
(1) providing financial assistance for law enforcement
initiatives with our Mexican partners is important; and
(2) in addition to such assistance, Congress must provide
immediate resources and equipment to State and local law
enforcement entities that are currently responding to border
violence and criminal activities on a daily basis.
SEC. 3. DEFINITIONS.
In this Act:
(1) Law enforcement entity.--The term ``law enforcement
entity'' means an entity that--
(A) is a State, county, or city agency, a State or
local police or sheriff department or association, or a
subdivision thereof;
(B) operates within 100 miles of the international
border between the United States and Mexico; and
(C) employs personnel on a full- or part-time basis
to engage in the prevention, detection, or
investigation of violations of the criminal laws of the
United States.
(2) Southern border region.--The term ``Southern Border
Region'' refers to counties that are located--
(A) within 100 miles of the international border
between the United States and Mexico; and
(B) in the States of Arizona, California, New
Mexico, and Texas.
SEC. 4. BORDER SECURITY ASSISTANCE GRANTS.
(a) Authority.--
(1) In general.--The Secretary of Homeland Security, in
consultation with State and local law enforcement entities, is
authorized to award border security assistance grants to law
enforcement entities located in the Southern Border Region for
the purposes described in subsection (b).
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to law enforcement agencies
located in a county that is located within 25 miles of the
international border between United States and Mexico.
(b) Purposes.--To address drug trafficking, smuggling, and border
violence, a grant awarded under subsection (a) shall be used--
(1) to obtain law enforcement equipment and tools,
including secure 2-way communication devices, portable laptops
and office computers, license plate readers, unmanned aerial
vehicles, unmanned aircraft systems (UAS), manned aircraft,
cameras with night viewing capabilities, and any other
appropriate law enforcement equipment;
(2) to hire additional personnel, including administrative
support personnel, dispatchers, and jailers, and to provide
overtime funding for such personnel;
(3) to purchase law enforcement vehicles;
(4) to provide for high performance aircrafts and
helicopters for border surveillance and other critical mission
applications and operational and maintenance costs associated
with such craft;
(5) to provide for critical power generation systems,
infrastructure, and technological upgrades to support State and
local data management systems and fusion centers; or
(6) to provide for specialized training and for direct
operating expenses associated with detecting and prosecuting
drug trafficking, human smuggling, and other illegal activity
or violence that occurs at or near the international border
between the United States and Mexico.
(c) Application.--
(1) Requirement.--A law enforcement entity seeking a grant
under subsection (a), or a nonprofit organization or coalition
acting as an agent for 1 or more such law enforcement entities,
shall submit an application to the Secretary that includes the
information described in paragraph (2) at such time and in such
manner as the Secretary may require.
(2) Content.--An application submitted under paragraph (1)
shall include--
(A) a description of the activities to be carried
out with a grant awarded under subsection (a);
(B) if equipment will be purchased with the grant,
a detailed description of the type and quantity of such
equipment and of the personnel who will receive such
equipment;
(C) a description of the need of the law
enforcement entity for the grant, including a
description of the inability of the entity to carry out
the proposed activities without the grant; and
(D) an assurance that the entity will, to the
extent practicable, seek, recruit, and hire members of
racial and ethnic minority groups and women in the
entity's law enforcement positions.
(d) Review and Award.--
(1) Review.--Not later than 90 days after the date an
application submitted under subsection (c) is received by the
Secretary, the Secretary shall review and approve or reject the
application.
(2) Award of funds.--Subject to the availability of
appropriations, not later than 45 days after the date an
application is approved under paragraph (1), the Secretary
shall provide the grant funds to the applicant.
(3) Priority.--In distributing grant funds under this
subsection, priority shall be given to high-intensity areas for
drug trafficking, smuggling, and border violence.
SEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER STATES.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 4 additional district judges for the district of
Arizona;
(2) 4 additional district judges for the central district
of California;
(3) 4 additional district judges for the eastern district
of California;
(4) 2 additional district judges for the northern district
of California;
(5) 1 additional district judge for the district of New
Mexico;
(6) 1 additional district judge for the eastern district of
Texas;
(7) 2 additional district judges for the southern district
of Texas; and
(8) 1 additional district judge for the western district of
Texas.
(b) Temporary Judgeships.--The President shall appoint, by and with
the advice and consent of the Senate--
(1) 1 additional district judge for the district of
Arizona;
(2) 1 additional district judge for the central district of
California;
(3) 1 additional district judge for the northern district
of California; and
(4) 1 additional district judge for the district of New
Mexico.
(c) Vacancies.--For each of the judicial districts named in
subsection (b), the first vacancy arising on the district court at
least 10 years after a judge is first confirmed to fill the temporary
district judgeship created in that district pursuant to subsection (b)
shall not be filled.
(d) Existing Judgeships.--The existing judgeships for the district
of Arizona and the district of New Mexico authorized under section
312(c) of the 21st Century Department of Justice Appropriations
Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the
effective date of this Act, shall be authorized under section 133 of
title 28, United States Code, and the incumbents in those offices shall
hold the office under section 133 of title 28, United States Code.
(e) Conforming Amendments.--The table contained in section 133(a)
of title 28, United States Code, is amended--
(1) in the item relating to the district of Arizona, by
striking ``12'' and inserting ``17'';
(2) in the item relating to the central district of
California, by striking ``27'' and inserting ``31'';
(3) in the item relating to the eastern district of
California, by striking ``6'' and inserting ``10'';
(4) in the item relating to the northern district of
California, by striking ``14'' and inserting ``16'';
(5) in the item relating to the district of New Mexico, by
striking ``6'' and inserting ``8'';
(6) in the item relating to the eastern district of Texas,
by striking ``7'' and inserting ``8'';
(7) in the item relating to the southern district of Texas,
by striking ``19'' and inserting ``21''; and
(8) in the item relating to the western district of Texas,
by striking ``13'' and inserting ``14''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Grant Funding.--There is authorized to be appropriated
$300,000,000 for the 2-year period ending on September 30, 2012, for
grants issued under section 4.
(b) Judicial Funding.--There are authorized to be appropriated to
the Attorney General for each of the fiscal years 2011 through 2013
such sums as may be necessary to carry out section 5, including the
hiring of necessary attorney and administrative support staff. | Southern Border Security Assistance Act - Expresses the sense of Congress that: (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important; and (2) Congress must provide, in addition to such assistance, immediate resources and equipment to state and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis.
Authorizes the Secretary of Homeland Security (DHS) to award border security assistance grants to law enforcement entities located in the Southern Border Region to address drug trafficking, smuggling, and border violence.
Directs the President to appoint additional district judges for Arizona, California, New Mexico, and Texas. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Calling for 2-1-1 Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Communications Commission has assigned 2-1-
1 as the national telephone number for telephone service for
information and referral on human services, declaring that 2-1-
1 best satisfies the public interest in allotting the limited
resource of this abbreviated number. In 2005, the Commission
will assess the widespread utilization of the 2-1-1 telephone
number and evaluate whether to continue the assignment of that
telephone number for that service.
(2) The number ``2-1-1'' is an easy-to-remember telephone
number that facilitates critical connections between
individuals and families seeking services, volunteer
opportunities, or both and appropriate human service agencies,
including community-based and faith-based organizations and
government agencies.
(3) There are more than 820,000 nonprofit organizations in
the United States. Individuals and families often find it
difficult to navigate through a complex and ever-growing maze
of human service agencies and programs, spending inordinate
amounts of time trying to identify an agency or program that
provides a service that may be immediately or urgently required
and often abandoning the search from frustration or a lack of
quality information.
(4) At the Federal, State, and local levels, government
funding supports well-intentioned programs that are not fully
utilized because of a lack of access to and information on such
programs by the public. Program administrators have indicated
that there is a need for a simple way to connect those eligible
for programs with available program resources. 2-1-1 telephone
service will reduce the number of inappropriate calls to
government offices by directing consumers to the appropriate
human services agency, resulting in a more effective use of
government services.
(5) Many families need information on government and not-
for-profit services that address domestic violence, support
adequate and stable housing, alleviate hunger, and provide for
high-quality day care, afterschool activities, summer
activities, job training and assistance, elder care, and
disaster recovery.
(6) Individuals often need support, services, or both when
suffering emotional distress, having suicidal thoughts or
behavior, contemplating violence, or using drugs or alcohol.
(7) Americans desire to volunteer and become involved in
their communities. This desire, together with a desire to
donate to organizations which provide human services, are among
the reasons to contact a center which provides information and
referral on volunteer opportunities and human services.
(8) Following the September 11, 2001, terrorist attacks, an
estimated 400 telephone hotlines were established in New York,
New York, for various funds and services, creating a confusing
network for victims and volunteers to navigate. A Comptroller
General report on charitable aid following the terrorist
attacks found that ``families of victims generally believed
they had to navigate a maze of service providers in the early
months'' and that ``good information about and easy access to
available assistance could help survivors in the recovery
process''.
(9) The 107th Congress recognized the importance of 2-1-1
telephone service in community preparedness and response by
including use of that telephone number for public information
as an allowable use of funds under grants for preparedness and
response to bioterrorism and other public health emergencies
under section 319C-1 of the Public Health Service Act (42
U.S.C. 247d-3a), as added by section 131 of the Public Health
Security and Bioterrorism Preparedness and Response Act of 2002
(Public Law 107-188).
(10) While 20 percent of the population has access to 2-1-1
telephone service in 21 States, inadequate funding prevents
access to that telephone service throughout each of the States.
2-1-1 telephone service is currently available statewide only
in Connecticut and Hawaii.
(11) Rapid deployment nationwide of 2-1-1 telephone service
as a means of access to information about and referral on human
services requires collaboration among State governments,
comprehensive and specialized information and referral centers,
human service organizations and service providers, emergency
management and homeland security officials, telephone
companies, and other relevant entities.
(12) 2-1-1 telephone service facilitates the availability
of a single repository where comprehensive data on all
community services is collected, maintained, and updated
regularly, reducing costs and duplication of efforts. The
reliable data provided through 2-1-1 telephone service helps to
better assess the needs of our communities and to immediately
mobilize resources toward those needs.
SEC. 3. GRANTS TO FACILITATE NATIONWIDE AVAILABILITY OF 2-1-1 SERVICE
FOR INFORMATION AND REFERRAL ON HUMAN SERVICES.
(a) Grants Required.--The Secretary of Commerce shall award a grant
to each State to carry out a program for the purpose of making
available throughout such State 2-1-1 telephone service for information
and referral on human services.
(b) Grant To Be Available for Each State.--In awarding grants under
this section, the Secretary shall develop a formula for allocating
grant amounts among the States so that a grant may be awarded to each
State seeking a grant.
(c) Requirement on Share of Activities.--
(1) Requirement.--A State may not be awarded a grant under
this section unless the State ensures that at least 50 percent
of the resources of the program funded by the grant will be
derived from other sources.
(2) In-kind contributions.--The requirement in paragraph
(1) may be satisfied by in-kind contributions of goods or
services.
(d) Lead Entity.--
(1) In general.--A State seeking a grant under this section
shall carry out this section through a lead entity meeting the
requirements of this subsection.
(2) 2-1-1 Collaborative.--An entity shall be treated as the
2-1-1 Collaborative for a State under this subsection if the
entity--
(A) exists for such purpose under State law;
(B) exists for such purpose by order of the State
public utility commission; or
(C) is a collaborative entity established by the
State for such purpose from among representatives of--
(i) an informal existing 2-1-1 statewide
collaborative, if any, in the State;
(ii) State agencies;
(iii) community-based organizations;
(iv) faith-based organizations;
(v) not-for-profit organizations;
(vi) comprehensive and specialized
information and referral providers, including
current 2-1-1 call centers;
(vii) foundations; and
(viii) businesses.
(3) Requirements for preexisting lead entities.--An entity
described by subparagraph (A) or (B) of paragraph (2) may be
treated as a lead entity under this subsection only if such
entity collaborates, to the extent practicable, with the
organizations and entities listed in subparagraph (C) of that
paragraph.
(e) Application.--
(1) In general.--The lead entity on behalf of each State
seeking a grant under this section shall submit to the
Secretary an application therefor in such form as the Secretary
shall require.
(2) Information.--An application on behalf of a State under
this subsection shall contain information as follows:
(A) Information on the program to be carried out by
the lead entity of the State in order to plan to make
available throughout the State 2-1-1 telephone service
for information and referral on human services,
including information on the manner in which the lead
entity will develop, sustain, and evaluate the program.
(B) Information on the sources of resources for the
program for purposes of meeting the requirement in
subsection (c).
(C) Any additional information that the Secretary
may require for purposes of this section.
(f) Subgrants.--
(1) Authority.--In carrying out a program to make 2-1-1
telephone service available throughout a State at no charge to
the caller, the lead entity of the State may make subgrants to
such persons or entities as the lead entity considers
appropriate for purposes of the program, including subgrants to
provide funds--
(A) for the provision of 2-1-1 telephone service;
(B) for the operation and maintenance of 2-1-1 call
centers; and
(C) for such other purposes as the 2-1-1
Collaborative considers appropriate for purposes of the
program, including planning, public awareness,
training, accreditation, and evaluation.
(2) Considerations.--In awarding a subgrant under this
subsection, a lead entity shall consider--
(A) the ability of the person or entity seeking the
subgrant to carry out activities or provide services
consistent with the program;
(B) the extent to which the award of the subgrant
will facilitate equitable geographic distribution of
subgrants under this section to ensure that rural
communities have access to 2-1-1 telephone service; and
(C) the extent to which the recipient of the
subgrant will establish and maintain cooperative
relationships with specialized information and referral
centers, crisis centers, 9-1-1 call centers, and 3-1-1
call centers, if applicable.
(g) Use of Grant and Subgrant Amounts.--
(1) In general.--Amounts awarded as grants or subgrants
under this section shall be used solely to make available 2-1-1
telephone service for community information and referral on
human services, including telephone connections between
families and individuals seeking such services and the
providers of such services.
(2) Particular matters.--In making 2-1-1 telephone service
available, the recipient of a grant or subgrant shall, to the
maximum extent practicable--
(A) abide by the Key Standards for 2-1-1 Centers as
specified in the Standards for Professional Information
and Referral Requirements for Alliance of Information
Referral Systems (AIRS) Accreditation and Operating 2-
1-1 Systems; and
(B) collaborate with human service organizations,
whether public or private, to provide an exhaustive
database of services with which to provide information
or referral to individuals utilizing 2-1-1 telephone
service.
(3) Use of funds.--Amounts of a subgrant under subsection
(e) may be used by grantees for Statewide and regional
planning, start-up costs (including costs of software and
hardware upgrades and telecommunications costs), training,
accreditation, public awareness, evaluation of activities, and
the provision of 2-1-1 telephone service.
(h) Requirement on Allocation of Grant Amounts.--Of the amounts
awarded under this section, an aggregate of not less than 10 percent
shall be allocated for evaluation, training, and technical assistance,
and for management and administration of subgrants awarded under this
section.
(i) Reports.--The lead entity of each State awarded a grant under
this section for a fiscal year shall submit to the Secretary, not later
than 60 days after the end of such fiscal year, a report on the program
funded by the grant. Each report shall--
(1) describe the program funding by the grant; and
(2) assess the effectiveness of the program in making
available throughout such State 2-1-1 telephone service for
information and referral on human services in accordance with
the provisions of this section.
(j) Definitions.--In this section:
(1) Human services.--The term ``human services'' means
services as follows:
(A) Services that assist individuals in becoming
more self-sufficient, in preventing dependency, and in
strengthening family relationships.
(B) Services that support personal and social
development.
(C) Services that help ensure the health and well-
being of individuals, families, and communities.
(2) Information and referral center.--The term
``information and referral center'' means a center that--
(A) maintains a database of providers of human
services in a State or locality;
(B) assists individuals, families, and communities
in identifying, understanding, and accessing the
providers of human services and the human services
offered by the providers of such services; and
(C) tracks types of calls referred and received to
document the demands for services.
(3) State.--The term ``State'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act amounts as follows:
(1) For fiscal year 2004, $200,000,000.
(2) For each of fiscal years 2005 through 2009, such sums
as may be necessary.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended. | Calling for 2-1-1 Act of 2003 - Directs the Secretary of Commerce to award a grant to each State to carry out a program for making available throughout that State the 2-1-1 telephone service for information and referral on human services. Requires a participating State to ensure that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. Requires a State seeking a grant to carry out its activities through a lead entity to be known as a 2-1-1 Collaborative.
Requires grant amounts to be used solely to make available to a State 2-1-1 telephone service for community information and referral on human services, including telephone connections between families and individuals seeking services and the service providers.
Requires grant recipients to: (1) abide by the Key Standards for 2-1-1 Centers; and (2) collaborate with human service organizations to provide an exhaustive database of services with which to provide information or referral to individuals utilizing the 2-1-1 service. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local School Board Governance and
Flexibility Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the responsibility for education resides with the
States, which have delegated to local school boards the power
and authority to adopt policies, establish priorities, and
provide accountability to direct the operation of neighborhood
schools;
(2) local school boards are held accountable by local
voters to represent the interests of students, parents, local
businesses, civic organizations, taxpayers, and the community
at large in determining, subject to State laws and policies,
the direction, values, climate, and financial support of the
schools in their community;
(3) the vital national interest in local self-governance of
local educational agencies has been weakened through Department
of Education requirements that are either unnecessary to
achieve the specific direction of legislation enacted by
Congress, or that impose unnecessary limits on the flexibility
needed by local educational agencies in order to meet local,
State, and Federal goals in education; and
(4) to support the local decisionmaking function of local
educational agencies, the Secretary of Education should engage
only in issuing regulations, rules, grant conditions, guidance
materials, and other requirements under the jurisdiction of the
Department that are--
(A) specifically required to implement Federal
legislation; and
(B) demonstrated to be educationally,
operationally, and financially within the capacity of
local educational agencies to implement.
SEC. 3. AUTHORITY OF THE SECRETARY.
Unless specifically authorized by Federal law, the Secretary may
not issue a Federal regulation, rule, grant condition, guidance
material, or other requirement pertaining to a State educational agency
or a local educational agency that--
(1) conflicts with the power and authority of the local
educational agency delegated by the State regarding the
operation of the schools (including the school system's mission
and goals, organization, local budget and budget priorities,
education program, curriculum, or extra-curricular activities),
student health services and safety, transportation and school
boundaries, procurement policies, staffing and personnel
policies, capital construction, authority to levy taxes, issue
bonds, and acquire land, and other functions essential to the
daily operation of the schools within the jurisdiction of the
local educational agency;
(2) results in additional costs to the local educational
agency for reporting, grant administration, and general
operations, unless fully funded from Federal funds;
(3) conflicts with the power and authority of the local
educational agency to determine how to engage or act upon
community participation and advice;
(4) imposes requirements on a local educational agency or
State educational agency that would limit or adversely affect
the authority of the local educational agency or State
educational agency to function as a legislative, executive, or
quasi-judicial agency;
(5) conflicts with the authority of--
(A) a State to determine the appropriate governance
structure of--
(i) the State educational agency; or
(ii) the State's local educational
agencies; or
(B) a State educational agency or local educational
agency to determine the appropriate governance and
management of the schools that the State educational
agency or local educational agency serve;
(6) establishes reporting requirements for State
educational agencies or local educational agencies that
duplicate existing Federal requirements or that are issued
without first conducting a fiscal impact statement related to
the costs to State educational agencies or local educational
agencies, as the case may be, including requests for data and
recommendations from State educational agencies or local
educational agencies and national education organizations
consistent with the provisions of section 4(a); or
(7) places conditions or requirements on a grant to a State
or local educational agency that are not directly related to,
or that do not directly support, the intent of the specific
purpose of the grant or the legislation authorizing such grant.
SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL IMPACT.
(a) In General.--During each fiscal year (beginning with the fiscal
year following the fiscal year in which this Act is enacted), the
Secretary of Education shall provide local educational agencies and the
major national education organizations, including those representing
local school boards, local school superintendents, principals, and
teachers, a minimum of 60 days in order to provide written comments
regarding the local impact of implementing Federal regulations, rules,
grant conditions, guidance materials, or other requirements for any
applicable program or activity of the Secretary.
(b) Report.--The Secretary of Education shall prepare and publish a
report based on the comments received pursuant to subsection (a), which
shall be forwarded to the chairs and ranking members of the Education
and Workforce Committee of the House of Representatives and the Health,
Education, Labor and Pensions Committee of the Senate not later than
July 1 of each year and shall be simultaneously posted on the
Department of Education's website.
SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PROGRAMS.
(a) Eliminating Reporting Duplications.--Not later than 180 days
after the date of enactment of this Act, the Secretary of Education
shall conduct a review of existing reporting requirements applicable to
local educational agencies resulting from programs and activities under
the jurisdiction of the Department of Education to determine
duplications and make modifications as necessary to eliminate such
reporting duplications.
(b) Prohibition.--The Secretary may not promulgate any regulation,
rule, guidance material, grant condition, or other requirement
pertaining to a State educational agency or a local educational agency,
without first taking the following actions:
(1) Requesting data and recommendations from State
educational agencies, local educational agencies, and the major
national education organizations representing chief State
school officers, local school boards, local school
superintendents, principals, and teachers regarding the
educational, financial, and operational costs involved for
implementation, and publishing the data and recommendations
provided upon issuance of such regulation, rule, guidance
material, grant condition, or other requirement and posting
that information on the Department of Education's website.
(2) Verifying, based on the data set forth in paragraph
(1), that local educational agencies will have the financial
resources and the technical assistance such agencies may need
to successfully implement the regulation, rule, guidance
material, grant condition, or other requirement, including any
Federal requirement that would extend beyond the time that
Federal assistance is available for that purpose.
(3) Providing State educational agencies, local educational
agencies, and the national education organizations identified
in paragraph (1) with not less than 60 days notice following
the Secretary's publication of a notice of intent to issue any
regulation, rule, guidance material, grant condition, or other
requirement to respond, unless a shorter time period is needed
to meet an emergency such as a declared natural disaster.
(4) Ensuring that maximum flexibility is provided to State
educational agencies and local educational agencies in
implementing any regulation, rule, guidance material, grant
condition, or other requirement.
(c) Review and Response.--If a local educational agency or an
organization identified in subsection (b) provides the Secretary of
Education with a written statement demonstrating that a regulation,
rule, guidance material, grant condition, or other requirement does not
meet the substantive or procedural requirements of this Act, the
Secretary, or the Secretary's designee, shall review the merits of that
statement, provide a written response within 60 days, and post that
response on the Department of Education's website, including a
description of what action, if any, the Secretary will take to correct
any deficiency that the Secretary determines exists. | Local School Board Governance and Flexibility Act Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority; and (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity. Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that: conflict with the authority of LEAs delegated to them by their state; result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government; conflict with the authority of LEAs to determine how to engage or act upon community participation and advice; impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies; conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed; establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement; or place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants. Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first: requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them; verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements; giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies; and giving SEAs and LEAs maximum flexibility in implementing the requirements. Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability and Responsibility in
Contracting Act''.
SEC. 2. INELIGIBILITY OF EXPATRIATED CORPORATIONS FOR FEDERAL CONTRACT
AWARDS.
(a) In General.--No acquiring corporation or any subsidiary of such
a corporation that enters into a corporate expatriation transaction
shall be eligible to be awarded a Federal contract.
(b) Period of Ineligibility.--The period of ineligibility under
subsection (a) shall be 3 years, beginning on the date of completion of
the corporate expatriation transaction.
(c) Exception for Repatriated Corporations.--If an acquiring
corporation reorganizes as a domestic corporation within one year after
the date of the enactment of this Act under the applicable
incorporation laws of a State, subsection (a) shall not apply.
(d) Definitions.--In this Act:
(1) Corporate expatriation transaction.--(A) The term
``corporate expatriation transaction''--
(i) means any transaction if--
(I) a foreign corporation (referred to in
this section as the ``acquiring corporation'')
acquires, as a result of such transaction,
directly or indirectly substantially all of the
properties held directly or indirectly by a
domestic corporation; and
(II) immediately after the transaction,
more than 80 percent of the stock (by vote or
value) of the acquiring corporation is held by
former shareholders of the domestic corporation
by reason of holding stock in the domestic
corporation; and
(ii) includes any transaction if--
(I) a foreign corporation acquires, as a
result of such transaction, directly or
indirectly properties constituting a trade or
business of a domestic partnership;
(II) immediately after the transaction,
more than 80 percent of the stock (by vote or
value) of the acquiring corporation is held by
former partners of the domestic partnership or
related foreign partnership (determined without
regard to stock of the acquiring corporation
which is sold in a public offering related to
the transaction); and
(III) the acquiring corporation meets the
requirements of clauses (i) and (ii) of
subparagraph (B).
(B) Subclause (II) of subparagraph (A)(i) shall be applied
by substituting ``50 percent'' for ``80 percent'' with respect
to any foreign corporation if--
(i) such corporation does not have substantial
business activities (when compared to the total
business activities of the expanded affiliated group)
in the foreign country in which or under the law of
which the corporation is created or organized; and
(ii) the stock of the corporation is publicly
traded and the principal market for the public trading
of such stock is in the United States.
(C) For purposes of this paragraph--
(i) a series of related transactions shall be
treated as 1 transaction; and
(ii) stock held by members of the expanded
affiliated group which includes the acquiring
corporation shall not be taken into account in
determining ownership.
(2) Domestic.--The term ``domestic'' means created or
organized in the United States or under the law of the United
States or of any State.
(3) Expanded affiliated group.--The term ``expanded
affiliated group'' means an affiliated group as defined in
section 1504(a) of the Internal Revenue Code of 1986, without
regard to section 1504(b) of such Code.
(e) Applicability.--This section shall apply with respect to a
corporate expatriation transaction occurring before, on, or after the
date of the enactment of this Act.
(f) Waiver.--
(1) In general.--Subject to paragraph (2), the President
may waive this section with respect to any specific contract if
the President certifies to Congress that the waiver is required
in the interest of national security.
(2) Report.--The President may not carry out a waiver under
paragraph (1) until a period of 30 days has expired after the
President submits to Congress a report containing the
certification described in paragraph (1) and setting forth the
rationale for the waiver.
SEC. 3. INELIGIBILITY FOR FEDERAL CONTRACT AWARDS OF COMPANIES DOING
BUSINESS WITH, AND COMPANIES WITH FOREIGN SUBSIDIARIES
DOING BUSINESS WITH, STATE SPONSORS OF TERRORISM OR
FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--No entity doing business with a state sponsor of
terrorism or foreign terrorist organization, and no entity with a
foreign subsidiary doing business with a state sponsor of terrorism or
foreign terrorist organization, shall be eligible to be awarded a
Federal contract.
(b) Period of Ineligibility.--The period of ineligibility under
subsection (a), as determined by the head of the executive agency
entering into the contract concerned, in cooperation with the Secretary
of State, shall be--
(1) 3 years for a first offense;
(2) 10 years for a second offense; and
(3) 15 years for any offense after a second offense,
beginning on the date of certification under subsection (c) or (d).
(c) Certification for Current Contracts.--Each executive agency
shall require, for each contract with the agency that is in effect on
the date of the enactment of this Act, that the contractor certify in
writing that the contractor, the contractor's domestic parent company,
and all other domestic subsidiaries of the domestic parent company did
not do business, and did not own a foreign subsidiary that did
business, during the 10-year period ending on the date of the enactment
of this Act, with a state sponsor of terrorism or a foreign terrorist
organization. A certification that the contractor, the parent, or other
subsidiaries did do such business, or did own one or more foreign
subsidiaries that did such business, shall be considered a first
offense under subsection (b).
(d) Certification for Future Contracts.--Each executive agency
shall require, as a condition of entering into a contract after the
date of the enactment of this Act, that a potential contractor certify
in writing that the potential contractor, the potential contractor's
domestic parent company, and all other domestic subsidiaries of the
domestic parent company is not doing business, and does not own a
foreign subsidiary that is doing business, or has done business within
the last ten years, with a state sponsor of terrorism or a foreign
terrorist organization. Each certification that the potential
contractor, the parent, or other subsidiaries is doing such business,
or owned one or more foreign subsidiaries doing such business currently
or in the last ten years, shall be considered a separate offense under
subsection (b).
(e) Complaints.--
(1) In general.--Citizens may file complaints with
executive agencies regarding Federal contractors.
(2) Report.--The head of each executive agency shall submit
to Congress an annual report on the complaints received by
citizens under this subsection, including the nature of the
complaint and the manner in which the agency handled the
complaint.
(f) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning provided in section 102 of title 31, United States
Code.
(2) Foreign subsidiary.--The term ``foreign subsidiary''
means any foreign entity owned or controlled (directly or
indirectly) by a potential contractor.
(3) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means any government which the Secretary of
State has determined, for purposes of section 6(j) of the
Export Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, or other provision of law, is a government that has
provided support for acts of international terrorism.
(4) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means a foreign terrorist organization
designated under section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189). | Accountability and Responsibility in Contracting Act - Prohibits any acquiring corporation or any subsidiary of any such a corporation that enters into a corporate expatriation transaction (as defined by this Act) from being eligible to be awarded a Federal contract for a three-year period, unless the acquiring corporation reorganizes as a domestic corporation under the applicable incorporation laws of a State.
Prohibits any entity and any entity with a foreign subsidiary doing business with a state sponsor of terrorism or foreign terrorist organization from being eligible to be awarded a Federal contract for a period of: (1) three years for a first offense; (2) ten years for a second offense; and (3) 15 years for any offense after a second offense.
Directs each executive agency to require certification from a current contractor that the contractor, the contractor's domestic parent company and all other domestic subsidiaries of the parent did not do business, and did not own a foreign subsidiary that did business, during the ten-year period ending on this Act's enactment with such a state sponsor or organization.
Directs each executive agency to require certification from a potential contractor, that the potential contractor, the potential contractor's domestic parent company, and all other domestic subsidiaries of the parent is not doing business, and does not own a foreign subsidiary that is doing business, or has done business within the last ten years, with such a state sponsor or organization. Permits citizens to file complaints with executive agencies regarding Federal contractors and requires annual reporting on the complaints to Congress. | [
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] |
SECTION 1. MARKET-DRIVEN INVENTORY SYSTEM.
(a) In General.--Subtitle B of title I of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8731 et seq.) is amended by adding at
the end the following:
``SEC. 1211. MARKET-DRIVEN INVENTORY SYSTEM.
``(a) Definitions.--In this section:
``(1) Inventory cap.--The term `inventory cap' means the
market commodity-specific limitations on participation in the
program described in subsection (b)(3).
``(2) Market commodity.--The term `market commodity' means
corn, oats, barley, grain sorghum, wheat, and soybeans.
``(3) Program.--The term `program' means the market-driven
inventory system program established in accordance with this
section.
``(4) Storage period.--The term `storage period' means, for
a market commodity enrolled in the program, the period that--
``(A) begins on the date of enrollment of the
market commodity in the program; and
``(B) ends on the date on which the Secretary
authorizes loan repayment and release under subsection
(d).
``(b) Recourse Loans Available.--
``(1) In general.--Subject to paragraph (3), for each of
the 2014 through 2018 crops of each market commodity, the
Secretary shall make available recourse loans in accordance
with this section to producers on a farm that elect to
participate in the program for 1 or more market commodities.
``(2) Enrollment.--
``(A) In general.--Enrollment in the program shall
be voluntary and considered on a rolling basis.
``(B) Limitations.--
``(i) In general.--The Secretary may
implement enrollment restrictions if the market
prices of a market commodity are close to the
recourse loan rate or the release price
described in subsection (d)(2).
``(ii) End of restrictions.--Any enrollment
restrictions implemented under clause (i) for a
market commodity shall end as soon as the
Secretary determines that the 1-month average
of the market commodity is below the recourse
loan rate for that market commodity.
``(3) Inventory cap.--Participation in the program for
corn, wheat, and soybeans shall be limited to not more than the
following:
``(A) Corn, 3,000,000,000 bushels.
``(B) Oats, 20,000,000 bushels.
``(C) Barley, 40,000,000 bushels.
``(D) Grain sorghum, 40,000,000 bushels.
``(E) Wheat, 800,000,000 bushels.
``(F) Soybeans, 400,000,000 bushels.
``(c) Storage Period.--
``(1) In general.--As a condition of participation, for
each market commodity that the producers on a farm enroll in
the program, the producers on the farm shall, throughout the
storage period--
``(A) store the market commodity;
``(B) maintain the market commodity in proper
condition, as determined by the Secretary; and
``(C) not sell or otherwise release into the market
the market commodity.
``(2) Ownership.--During the storage period--
``(A) title to the market commodity shall remain
with the producers on the farm, subject to the
conditions on participation described in paragraph (1);
and
``(B) the Secretary shall have a first lien on the
market commodity for which a recourse loan under this
section is received.
``(3) Payment.--
``(A) In general.--During the storage period, the
Secretary shall make storage payments to the producers
on the farm at a rate of $0.40 per bushel of market
commodity per crop year.
``(B) Duration.--The Secretary shall terminate the
making of storage payments for a market commodity to
producers on a farm on the date on which the release
price for the market commodity is triggered in
accordance with subsection (d).
``(d) Loan Repayment and Release.--
``(1) In general.--Subject to paragraph (4), the Secretary
shall authorize loan repayment and release for a market
commodity on the date on which the release price for that
market commodity is triggered.
``(2) Release price.--The release price for a market
commodity shall be equal to 160 percent of the applicable
recourse loan rate described in subsection (e).
``(3) Producer options.--Subject to paragraph (4), once the
Secretary has authorized loan repayment and release for a
market commodity, the producers on a farm may--
``(A) sell or otherwise release into the market the
market commodity; or
``(B) continue to store the market commodity, but
without receiving additional storage payments for the
market commodity.
``(4) Partial release.--
``(A) In general.--Regardless of whether the
inventory cap for a market commodity has been reached,
if the Secretary determines, based on available
information, that the total quantity of the market
commodity stored is so great that release of all of the
stored market commodity into the market would depress
market prices below the release level, the Secretary
may establish a maximum release quantity to limit the
sale and release of the stored market commodity.
``(B) Administration.--In the case of a partial
release described in subparagraph (A)--
``(i) the producers on a farm that first
enrolled in the program shall be eligible first
to sell or otherwise release into the market
the stored market commodity; and
``(ii) the producers on a farm that do not
have the option of selling or otherwise
releasing into the market the stored market
commodity shall continue to be eligible to
receive storage payments for the market
commodity.
``(e) Recourse Loan Rates.--For purposes of each of the 2014
through 2018 crop years, the recourse loan rate for a market commodity
under this section shall be equal to the following:
``(1) Corn, $3.50 per bushel.
``(2) Oats, $2.49 per bushel.
``(3) Barley, $3.50 per bushel.
``(4) Grain sorghum, $3.50 per bushel.
``(5) Wheat, $5.28 per bushel.
``(6) Soybeans, $8.97 per bushel.
``(f) Set-Aside Program.--
``(1) In general.--If the inventory cap for a market
commodity is reached and the market price of the market
commodity is below the recourse loan rate for the market
commodity, the Secretary may establish a set-aside program
under which producers on a farm may remove acres from
production for the following crop year.
``(2) Eligibility.--To be eligible to enroll acres in the
set-aside program under paragraph (1), the producers on a farm
shall be required to have produced the applicable market
commodity during at least 1 of the last 2 crop years, as
determined by the Secretary.
``(3) Requirements.--
``(A) Cover crop.--
``(i) In general.--As a condition on
participation in the set-aside program,
producers on a farm shall be required to
maintain an approved cover crop on all enrolled
acreage.
``(ii) Planting flexibility.--Producers on
a farm may plant any crop on acreage not
enrolled in the set-aside program.
``(B) Secretarial discretion.--If the Secretary
establishes a set-aside program under paragraph (1),
the Secretary shall determine, at the discretion of the
Secretary--
``(i) the amount of the payment to be made
to producers that elect to participate in the
set-aside program;
``(ii) the percentage of the total acreage
planted to the market commodity that the
producers are required to remove from
production as a condition of participation; and
``(iii) the extent to which grazing and
other noncommercial uses of the land enrolled
in the set-aside program shall be permitted.''.
(b) Conforming Amendments.--
(1) Section 1001 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8702) is amended--
(A) in paragraph (4)--
(i) by striking ``wheat, corn, grain
sorghum, barley, oats''; and
(ii) by striking ``soybeans''; and
(B) in paragraph (8)--
(i) by striking ``wheat, corn, grain
sorghum, barley, oats''; and
(ii) by striking ``soybeans''.
(2) Section 1103(b) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8713) is amended--
(A) by striking paragraphs (1), (2), (3), (4), (5),
and (9); and
(B) by redesignating paragraphs (6), (7), (8), and
(10) as paragraphs (1), (2), (3), and (4),
respectively.
(3) Section 1104(c)(3) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8714(c)(3)) is amended--
(A) by striking subparagraphs (A), (B), (C), (D),
(E), and (I); and
(B) by redesignating subparagraphs (F), (G), and
(H) and (J) through (N) as subparagraphs (A), (B), and
(C) and (D) through (H), respectively.
(4) Section 1202(c) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8732(c)) is amended--
(A) by striking paragraphs (1), (2), (3), (4), (5),
and (10); and
(B) by redesignating paragraphs (6) through (9) and
(11) through (19) as paragraphs (1) through (4) and (5)
through (13), respectively.
(c) Application.--The amendments made by this section apply
beginning with the 2014 crop of a market commodity (as defined in
section 1211(a) of the Food, Conservation, and Energy Act of 2008 (as
added by subsection (a))). | Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture (USDA), for each of the 2014-2018 crops of each market commodity, to make recourse loans available to producers on a farm electing to participate in the program. Sets forth: (1) the recourse loan rate for corn, oats, barley, grain sorghum, wheat, and soybeans; and (2) market commodity-specific limitations on participation (inventory caps) for such crops. Requires participating producers, until the Secretary authorizes loan repayment and release, to: (1) store and maintain the market commodity, and (2) not sell or otherwise release the commodity into the market. Provides that during such storage period: (1) title to the commodity shall remain with the producers, and (2) the Secretary shall have a first lien on the commodity for which a recourse loan is received. Provides USDA payments to producers at $0.40 per bushel per crop year. Authorizes the Secretary to establish a partial commodity release if the market release of all of the stored commodity would depress prices below the release level. Authorizes the Secretary to establish a set-aside program under which qualifying producers on a farm may remove acres from production for the following crop year if the inventory cap for a commodity is reached and such commodity's market price is below the recourse loan rate. Requires participating producers to maintain a cover crop on all enrolled acreage. | [
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SECTION 1. REDUCTIONS IN CONTRIBUTIONS TO MULTIEMPLOYER PLANS TO
IMPLEMENT SELF-HELP MEASURES ADOPTED BY LABOR AND
MANAGEMENT.
(a) Amendments to ERISA.--Section 305 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1085) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Discretion To Accept Reduced Contributions.--
``(1) In general.--Notwithstanding any other provision of
this section, during the funding plan adoption period, funding
improvement period, rehabilitation plan adoption period, and
the rehabilitation period, the Pension Benefit Guaranty
Corporation may permit a plan sponsor to accept from an
employer a ratified collective bargaining agreement with
respect to the multiemployer plan that provides for a reduction
in the level of contributions made by a contributing employer
and appropriate reduction in level of future benefit accruals
for any participants for a period of not more than 5 years (or
such shorter period as determined by such Corporation) provided
that such Corporation determines that--
``(A) the contributing employer will be unable to
pay its debts when due and will be unable to continue
business without a reduction in its contribution rates;
``(B) the aggregate withdrawal liability of the
contributing employer with respect to all multiemployer
pension plans exceeds $750,000,000, or such lower
amount as determined to be appropriate by such
Corporation;
``(C) there is substantial doubt as to the
collectability of the withdrawal liability if the
contributing employer were to withdraw from the plan;
``(D) the reduced contributions are not reasonably
expected to have an adverse effect on the deficit of
such Corporation;
``(E) other creditors, stakeholders, and other
parties to which the contributing employer is obligated
have accepted reductions that are comparable to those
of the pension plan; and
``(F) such other conditions are satisfied as may be
imposed in accordance with regulations prescribed by
such Corporation.
``(2) Impact on withdrawal liability determinations.--Any
reduction in the level of contributions under this subsection
shall be disregarded in determining any limitation on annual
payments under subparagraphs (B) and (C) of section 4219(c)(1)
and in determining withdrawal liability under section 4201 with
respect to the employer subject to the reduced contribution
rate.''.
(b) Amendments to Internal Revenue Code.--Section 432 of the
Internal Revenue Code of 1986 is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Discretion To Accept Reduced Contributions.--
``(1) In general.--Notwithstanding any other provision of
this section, during the funding plan adoption period, funding
improvement period, rehabilitation plan adoption period, and
the rehabilitation period, the Pension Benefit Guaranty
Corporation may permit a plan sponsor to accept from an
employer a ratified collective bargaining agreement with
respect to the multiemployer plan that provides for a reduction
in the level of contributions made by a contributing employer
and appropriate reduction in level of future benefit accruals
for any participants for a period of not more than 5 years (or
such shorter period as determined by such Corporation) provided
that such Corporation determines that--
``(A) the contributing employer will be unable to
pay its debts when due and will be unable to continue
business without a reduction in its contribution rates;
``(B) the aggregate withdrawal liability of the
contributing employer with respect to all multiemployer
pension plans exceeds $750,000,000, or such lower
amount as determined by such Corporation;
``(C) there is substantial doubt as to the
collectability of the withdrawal liability if the
contributing employer were to withdraw from the plan;
``(D) the reduced contributions are not reasonably
expected to have an adverse effect on the deficit of
such Corporation;
``(E) other creditors, stakeholders, and other
parties to which the contributing employer is obligated
have accepted reductions that are comparable to those
of the pension plan; and
``(F) such other conditions are satisfied as may be
imposed in accordance with regulations prescribed by
such Corporation.
``(2) Impact on withdrawal liability determinations.--Any
reduction in the level of contributions under this subsection
shall be disregarded in determining any limitation on annual
payments under subparagraphs (B) and (C) of section 4219(c)(1)
of the Employee Retirement Income Security Act of 1974 and in
determining withdrawal liability under section 4201 of such Act
with respect to the employer subject to the reduced
contribution rate.''.
(c) Technical and Conforming Amendments.--
(1) Section 4971(g)(4)(C)(ii) of the Internal Revenue Code
of 1986 is amended by striking ``432(i)(9)'' and inserting
``432(j)(9)''.
(2) Sections 101(f)(2)(B) and 103(f)(1)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B)
and 1023(f)(1)(B)) are each amended by striking ``305(i)'' each
place such term appears and inserting ``305(j)''. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the Pension Benefit Guaranty Corporation (PBGC), provided certain conditions are met, to allow the sponsor of an underfunded multiemployer benefit plan to accept from an employer a ratified collective bargaining agreement that provides for a reduction in plan employer contributions as well as appropriate reduction in the level of future benefit accruals for plan participants for up to five years during the plan funding adoption period, funding improvement period, rehabilitation adoption period, and rehabilitation period.
Conditions such an allowance upon the PBGC's determination that: (1) the contributing employer will be unable to pay its debts when due and to continue business without a reduction in its contribution rates; (2) the contributing employer's aggregate withdrawal liability with respect to all multiemployer pension plans exceeds $750 million (or an appropriate lower amount as the PBGC may determine); (3) the collectability of the withdrawal liability is very doubtful if the contributing employer were to withdraw from the plan; (4) the reduced contributions are not reasonably expected to have an adverse effect on the PBGC deficit; and (5) other creditors, stakeholders, and parties to which the contributing employer is obligated have accepted comparable reductions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Species Community
Advisory Board Act of 1995''.
SEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY BOARDS UNDER
ENDANGERED SPECIES ACT OF 1973.
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is
amended by adding at the end the following new section:
``community advisory boards
``Sec. 19. (a) Establishment.--(1) The Secretary shall establish an
Endangered Species Community Advisory Board (in this section referred
to as a `community advisory board') in connection with the designation
of an area under this Act as critical habitat or as a National Wildlife
Refuge.
``(2) Each community advisory board--
``(A) shall be comprised of 12 members appointed by the
Secretary from among individuals recommended by the Governor of
the State in which is located the area for which the advisory
board is established; and
``(B) shall have as its chairperson a member of the
advisory board who is an elected official of a local government
in that area and who is designated as chairperson by the
Secretary.
``(3) The term of a member of a community advisory board shall be 4
years, except that of the members first appointed--
``(A) 3 shall be appointed for an initial term of 1 year;
``(B) 3 shall be appointed for an initial term of 2 years;
and
``(C) 3 shall be appointed for an initial term of 3 years;
as specified by the Secretary at the time of appointment.
``(4) Individuals who are Federal employees may not comprise a
majority of the total number of members of a community advisory board.
``(5) The Secretary shall prescribe regulations regarding the
establishment, characteristics, composition, and funding of community
advisory boards. However, the issuance of regulations shall not be a
precondition to the establishment of a community advisory board or
affect the existence or operation of a community advisory board
established before the effective date of this section.
``(6) The Secretary may provide for the payment of routine
administrative expenses of a community advisory board established for
an area from funds available for activities relating to study of the
area to determine whether to designate the area as critical habitat or
as a National Wildlife Refuge.
``(b) Assistance for Citizen Participation.--(1) Subject to the
availability of appropriations, the Secretary shall make available
funds to facilitate the participation of individuals from the private
sector on community advisory boards for the purpose of ensuring public
input into the designation of areas as critical habitat or National
Wildlife Refuges.
``(2) The private individuals who are members of a community
advisory board are eligible for funding assistance under this
subsection only if they reside in the vicinity of the area for which
the community advisory board is established. For accounting and
financial management purposes, such funds shall be paid to and
administered by the community advisory board on which the private
individuals are members, subject to paragraph (3).
``(3) Individuals who are local community members of a community
advisory board may use funds made available under this paragraph only--
``(A) to obtain technical assistance of experts in
interpreting scientific data, material, and issues regarding
protection of endangered species; and
``(B) to educate the local community in understanding such
data, material, and issues.
``(c) Consultation by Secretary.--If a community advisory board is
established for an area, the Secretary, before designating any of the
area under this Act as critical habitat or as a National Wildlife
Refuge, shall--
``(1) consult with and seek the advice and recommendations
of the board regarding--
``(A) identifying the needs and concerns of the
affected local community and individual landowners;
``(B) monitoring scientific studies and surveys
used to determine the need for designation of the area
as critical habitat or a National Wildlife Refuge,
before that designation; and
``(C) addressing land use strategies and
management; and
``(2) publish recommendations received from the board
within 180 days after the date the Secretary initiates
consultation under paragraph (1).
``(d) Monitoring and Reporting by Community Advisory Boards.--Each
community advisory board shall, with respect to critical habitat or a
National Wildlife Refuge for which it was established--
``(1) monitor and periodically report to the Secretary on
progress made in the conservation and recovery of species for
which that critical habitat or Refuge was designated; and
``(2) periodically review and report to the Secretary
regarding the continued accuracy and sufficiency of the
scientific findings that were the basis of that designation.
``(e) State Defined.--Notwithstanding section 3(17), in this
section the term `State' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands, Guam, and the Commonwealth of the Northern Mariana
Islands.''. | Endangered Species Community Advisory Board Act of 1995 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to establish an Endangered Species Community Advisory Board in connection with the designation of an area under the Act as critical habitat or as a National Wildlife Refuge.
Allows the Secretary, subject to the availability of appropriations, to make funds available to facilitate the participation of individuals from the private sector on such Boards to ensure public input into the designation of such areas or Refuges.
Requires the Board to: (1) monitor and periodically report to the Secretary on progress made in the conservation and recovery of species for which the critical habitat or Refuge was designated; and (2) periodically review and report to the Secretary regarding the continued accuracy and sufficiency of the scientific findings that were the basis of such designation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Library Donation Reform
Act of 2016''.
SEC. 2. PRESIDENTIAL LIBRARIES.
(a) In General.--Section 2112 of title 44, United States Code, is
amended by adding at the end the following new subsection:
``(h) Presidential Library Fundraising Organization Reporting
Requirement.--
``(1) Reporting requirement.--Not later than 15 days after
the end of a calendar quarter and until the end of the
requirement period described in paragraph (2), each
Presidential library fundraising organization shall submit to
the Archivist information for that quarter in an electronic
searchable and sortable format with respect to every
contributor who gave the organization a contribution or
contributions (whether monetary or in-kind) totaling $200 or
more for the quarterly period.
``(2) Duration of reporting requirement.--The requirement
to submit information under paragraph (1) shall continue until
the later of the following occurs:
``(A) The Archivist has accepted, taken title to,
or entered into an agreement to use any land or
facility for the Presidential archival depository for
the President for whom the Presidential library
fundraising organization was established.
``(B) The President whose archives are contained in
the deposit no longer holds the Office of President.
``(3) Information required to be published.--The Archivist
shall publish on the website of the National Archives and
Records Administration, within 30 days after each quarterly
filing, any information that is submitted under paragraph (1),
without a fee or other access charge in a downloadable
database.
``(4) Submission of false material information
prohibited.--
``(A) Individual.--
``(i) Prohibition.--It shall be unlawful
for any person who makes a contribution
described in paragraph (1) to knowingly and
willfully submit false material information or
omit material information with respect to the
contribution to an organization described in
such paragraph.
``(ii) Penalty.--The penalties described in
section 1001 of title 18, United States Code,
shall apply with respect to a violation of
clause (i) in the same manner as a violation
described in such section.
``(B) Organization.--
``(i) Prohibition.--It shall be unlawful
for any Presidential library fundraising
organization to knowingly and willfully submit
false material information or omit material
information under paragraph (1).
``(ii) Penalty.--The penalties described in
section 1001 of title 18, United States Code,
shall apply with respect to a violation of
clause (i) in the same manner as a violation
described in such section.
``(5) Prohibition on contribution.--
``(A) In general.--It shall be unlawful for a
person to knowingly and willfully--
``(i) make a contribution described in
paragraph (1) in the name of another person;
``(ii) permit his or her name to be used to
effect a contribution described in paragraph
(1); or
``(iii) accept a contribution described in
paragraph (1) that is made by one person in the
name of another person.
``(B) Penalty.--The penalties set forth in section
309(d) of the Federal Election Campaign Act of 1971 (2
U.S.C. 437g(d)) shall apply to a violation of
subparagraph (A) in the same manner as if such
violation were a violation of section 316(b)(3) of such
Act (2 U.S.C. 441b(b)(3)).
``(6) Regulations required.--The Archivist shall promulgate
regulations for the purpose of carrying out this subsection.
``(7) Definitions.--In this subsection:
``(A) Information.--The term `information' means
the following:
``(i) The amount or value of each
contribution made by a contributor referred to
in paragraph (1) in the quarter covered by the
submission.
``(ii) The source of each such
contribution, and the address of the entity or
individual that is the source of the
contribution.
``(iii) If the source of such a
contribution is an individual, the occupation
of the individual.
``(iv) The date of each such contribution.
``(B) Presidential library fundraising
organization.--The term `Presidential library
fundraising organization' means an organization that is
established for the purpose of raising funds for
creating, maintaining, expanding, or conducting
activities at--
``(i) a Presidential archival depository;
or
``(ii) any facilities relating to a
Presidential archival depository.''.
(b) Applicability.--Section 2112(h) of title 44, United States Code
(as added by subsection (a))--
(1) shall apply to an organization established for the
purpose of raising funds for creating, maintaining, expanding,
or conducting activities at a Presidential archival depository
or any facilities relating to a Presidential archival
depository before, on, or after the date of the enactment of
this Act; and
(2) shall only apply with respect to contributions (whether
monetary or in-kind) made after the date of the enactment of
this Act.
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
Passed the House of Representatives January 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Presidential Library Donation Reform Act of 2016 (Sec. 2) This bill requires each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration (National Archives) on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. The Archivist of the United States shall publish such information on the website of the National Archives within 30 days after each quarterly filing. It shall be unlawful for contributors or fundraising organizations knowingly and willfully to submit false information or omit material information. Prescribes criminal penalties for violation of this prohibition. (Sec. 3) No additional funds are authorized to carry out this Act's requirements. Such requirements shall be carried out using amounts otherwise authorized. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Security Vetting for
Aviation Workers Act of 2015''.
SEC. 2. AVIATION SECURITY.
(a) In General.--Subtitle A of title XVI of the Homeland Security
Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section
1601 the following new section:
``SEC. 1602. VETTING OF AVIATION WORKERS.
``(a) In General.--By not later than December 31, 2015, the
Administrator, in coordination with the Assistant Secretary for Policy
of the Department, shall request from the Director of National
Intelligence access to additional data from the Terrorist Identities
Datamart Environment (TIDE) data and any or other terrorism-related
information to improve the effectiveness of the Administration's
credential vetting program for individuals with unescorted access to
sensitive areas of airports.
``(b) Security Inspection.--By not later than December 31, 2015,
the Administrator shall issue guidance for Transportation Security
Inspectors to annually review airport badging office procedures for
applicants seeking access to sensitive areas of airports. Such guidance
shall include a comprehensive review of applicants' Criminal History
Records Check (CHRC) and work authorization documentation during the
course of an inspection.
``(c) Information Sharing.--By not later than December 31, 2015,
the Administrator may conduct a pilot program of the Rap Back Service,
in coordination with the Director of the Federal Bureau of
Investigation, to determine the feasibility of full implementation of a
service through which the Administrator would be notified of a change
in status of an individual holding a valid credential granting
unescorted access to sensitive areas of airports across eligible
Administration-regulated populations.
``(d) Procedures.--The pilot program under subsection (c) shall
evaluate whether information can be narrowly tailored to ensure that
the Administrator only receives notification of a change with respect
to a disqualifying offense under the credential vetting program under
subsection (a), as specified in 49 CFR 1542.209, and in a manner that
complies with current regulations for fingerprint-based criminal
history records checks. The pilot program shall be carried out in a
manner so as to ensure that, in the event that notification is made
through the Rap Back Service of a change but a determination of arrest
status or conviction is in question, the matter will be handled in a
manner that is consistent with current regulations. The pilot program
shall also be carried out in a manner that is consistent with current
regulations governing an investigation of arrest status, correction of
Federal Bureau of Investigation records and notification of
disqualification, and corrective action by the individual who is the
subject of an inquiry.
``(e) Determination and Submission.--If the Administrator
determines that full implementation of the Rap Back Service is feasible
and can be carried out in a manner that is consistent with current
regulations for fingerprint-based criminal history checks, including
the rights of individuals seeking credentials, the Administrator shall
submit such determination, in writing, to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate, together with information on
the costs associated with such implementation, including the costs
incurred by the private sector. In preparing this determination, the
Administrator shall consult with the Chief Civil Rights and Civil
Liberties Officer of the Department to ensure that protocols are in
place to align the period of retention of personally identifiable
information and biometric information, including fingerprints, in the
Rap Back Service with the period in which the individual who is the
subject of an inquiry has a valid credential.
``(f) Credential Security.--By not later than September 30, 2015,
the Administrator shall issue guidance to airports mandating that all
federalized airport badging authorities place an expiration date on
airport credentials commensurate with the period of time during which
an individual is lawfully authorized to work in the United States.
``(g) Aviation Worker Lawful Status.--By not later than December
31, 2015, the Administrator shall review the denial of credentials due
to issues associated with determining an applicant's lawful status in
order to identify airports with specific weaknesses and shall
coordinate with such airports to mutually address such weaknesses, as
appropriate.
``(h) Reports to Congress.--Upon completion of the determinations
and reviews required under this section, the Administrator shall brief
the Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
such determinations and reviews.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1601 the following new item:
``Sec. 1602. Vetting of aviation workers.''.
SEC. 3. STATUS UPDATE ON RAP BACK SERVICE PILOT PROGRAM.
Not later than 60 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a report on the status of plans to conduct a pilot program
in coordination with the Federal Bureau of Investigation of the Rap
Back Service in accordance with subsection (c) of section 1602 of the
Homeland Security Act of 2002, as added by section 2 of this Act. The
report shall include details on the business, technical, and resource
requirements for the Transportation Security Administration and pilot
program participants, and provide a timeline and goals for the pilot
program.
Passed the House of Representatives July 27, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Improved Security Vetting for Aviation Workers Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 todirect the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), by December 31, 2015, in coordination with the DHS Assistant Secretary for Policy, to request from the Director of National Intelligence access to additional data from the Terrorist Identities Datamart Environment data and any or other terrorism-related information to improve the effectiveness of TSA's credential vetting program for individuals with unescorted access to sensitive areas of airports. The TSA, by the same deadline, shall: issue guidance for Transportation Security Inspectors to review annually airport badging office procedures for applicants seeking access to sensitive airport areas, including a comprehensive review of applicants' Criminal History Records Check and work authorization documentation during the course of an inspection; issue guidance to airports requiring that all federalized airport badging authorities place an expiration date on airport credentials commensurate with the period of time during which an individual is lawfully authorized to work in the United States; and review the denial of credentials owing to an applicants's lawful status in order to identify airports with specific weaknesses and coordinate with them to address such weaknesses. The TSA may conduct a Rap Back Service pilot program, in coordination with the Federal Bureau of Investigation (FBI), to determine the feasibility of full implementation of a service through which the TSA would be notified of a change in status of an individual holding a valid credential granting unescorted access to sensitive airport areas across eligible TSA-regulated populations. (The FBI Rap Back Service notifies authorized agencies of criminal, and, in limited cases, civil activity of individuals that occurs after the initial processing and retention of criminal or civil transactions.) Certain pilot program procedures are prescribed regarding notification only of a change with respect to a disqualifying offense under the credential vetting program. (Sec. 3) The TSA, within 60 days after enactment of this Act, shall report to Congress on the status of plans to conduct the Rap Back Service pilot program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Rule of Law and
Antiterrorism Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is in the national security interest of the United
States to support efforts to restore the rule of law in post-
conflict and failed countries in order to prevent such
countries from becoming safe havens for terrorist organizations
and organized crime networks that threaten the security of
United States interests, citizens, and its allies.
(2) The responsibility of a civilian police force within a
United Nations international peace operation is to help
establish and maintain the rule of law and provide for the
security necessary for post-conflict reconstruction to take
place.
(3) The restoration of the rule of law, despite its
importance, remains a significant weakness of current United
Nations international peace operations.
SEC. 3. SUPPORT FOR THE CREATION OF A PROFESSIONAL UN CIVILIAN POLICE
CORPS (UNCPC).
(a) Findings.--Congress finds the following:
(1) The creation of a professional United Nations civilian
police corps (UNCPC) would--
(A) greatly reduce the current need for combat
soldiers to engage in civilian policing activities;
(B) allow combat soldiers who are deployed to be
withdrawn earlier from a post-conflict situation
without compromising security;
(C) allow the United Nations to more rapidly and
effectively take responsibility for maintaining a
secure environment that allows aid providers to move
forward with relief, development, and democracy-
building tasks;
(D) permit the United Nations to recruit civilian
police personnel with the appropriate levels of
expertise and training in police procedures and United
Nations international peace operations, as determined
by international standards to be established by the
United Nations member states through negotiations; and
(E) institute a system of accountability for
civilian police in United Nations international peace
operations, augmenting present civil disciplinary
procedures with a standard code of conduct and an
enforcement mechanism implemented in collaboration with
United Nations member states.
(2) The right of the United States to exercise its veto
within the United Nations Security Council ensures that no
action taken by the United Nations would be detrimental to the
interests of the United States.
(b) Negotiations to Establish a UN Civilian Police Corps.--The
President shall--
(1) direct the United States Permanent Representative to
the United Nations to use the voice, vote, and influence of the
United States to establish negotiations with the United Nations
and United Nations member states to establish a professional
United Nations civilian police corps (UNCPC);
(2) direct the Secretary of State to request that the
United Nations Secretariat prepare a report concerning the
establishment of a professional United Nations civilian police
corps; and
(3) direct the Secretary of State to work with the United
Nations Secretariat and other United Nations member states to
establish standards and training programs for international
civilian police.
(c) Sense of Congress.--It is the sense of Congress that a
professional United Nations civilian police corps established in
accordance with subsection (b)--
(1) should be composed of the appropriate number of law
enforcement professionals recruited and employed by the United
Nations who are appropriately trained and equipped for civilian
policing functions in United Nations international peace
operations and available for rapid deployment to such
international peace operations as needed;
(2) should be able to deploy not later than 15 days after
the date on which a deployment is authorized pursuant to a
United Nations Security Council resolution;
(3) should be managed by the United Nations Civilian Police
Division, established in October 2000 and mandated to plan and
support the work of United Nations civilian police officers in
United Nations peacekeeping operations; and
(4) should be given the appropriate resources to do its job
properly, including funding, equipment, training, logistical
support, and staffing, including support personnel as well as
corrections and judicial law enforcement professionals.
SEC. 4. REPORT ON STATUS OF NEGOTIATIONS.
Not later than 6 months after the date of the enactment of this
Act, and annually thereafter, the President shall transmit to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a report that
contains a detailed description of the progress of negotiations to
establish a professional United Nations civilian police corps in
accordance with section 3(b).
SEC. 5. DEFINITIONS.
In this Act:
(1) Rule of law.--The term ``rule of law'' means the
ability of a country, through institutions and other means, to
ensure the security and well being of its citizens through the
enforcement of public laws.
(2) United nations international peace operation.--The term
``United Nations international peace operation'' means a field
operation conducted by the United Nations, or under the
authority of the United Nations Security Council, for the
purpose of implementing a peace agreement, the mandate of which
may include establishing a secure post-conflict environment and
restoring the rule of law, to enable reconstruction and
development efforts to be established and carried out. | International Rule of Law and Antiterrorism Act of 2003 - Requires the President to direct: (1) the U.S. Permanent Representative to the United Nations (UN) to use the U.S. vote to establish negotiations with the UN to establish a professional UN civilian police corps (UNCPC); (2) the Secretary of State (Secretary) to request that the UN Secretariat prepare a report concerning the UNCPC's establishment; and (3) the Secretary to work with the UN Secretariat and other UN member states to establish standards and training programs for international civilian police.Expresses the sense of Congress that the UNCPC should: (1) be composed of enforcement professionals who are appropriately trained and equipped for civilian policing functions in UN international peace operations and available for rapid deployment to such operations as needed; (2) be able to deploy not later than 15 days after deployment is authorized pursuant to a UN Security Council resolution; (3) be managed by the UN Civilian Police Division (established in October 2000 and mandated to plan and support the work of the UN civilian police officers in UN peacekeeping operations); and (4) be given the appropriate resources to properly do its job.Requires the President to report annually to specified congressional committees on the progress to establish a UNCPC. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pink Tax Repeal Act''.
SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CONSUMER PRODUCTS AND
SERVICES.
(a) Prohibited Practices.--
(1) Consumer products.--It shall be unlawful for any person
to sell or offer for sale in interstate commerce any two
consumer products from the same manufacturer that are
substantially similar if such products are priced differently
based on the gender of the individuals for whose use the
products are intended or marketed.
(2) Services.--It shall be unlawful for any person to sell
or offer for sale any services that are substantially similar
if such services are priced differently based on the gender of
the individuals for which the services are performed, offered,
or marketed.
(b) Unfair and Deceptive Act or Practice.--A violation of
subsection (a) shall be treated as a violation of a rule prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)) defining an unfair or deceptive act or practice in
or affecting interstate commerce.
(c) Enforcement.--
(1) Federal trade commission.--The Federal Trade Commission
shall enforce this section in the same manner, by the same
means, and with the same jurisdiction as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.
(2) State attorneys general.--
(A) Civil action.--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 adversely affected by a violation of subsection (a),
the attorney general may, as parens patriae, bring a
civil action on behalf of the residents of the State in
an appropriate district court of the United States--
(i) to enjoin further violation of this Act
by the defendant;
(ii) to compel compliance with this Act; or
(iii) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice to the ftc.--
(i) Notice.--Except as provided in clause
(iii), the attorney general of a State shall
notify the Commission in writing of any civil
action under paragraph (2), prior to initiating
such civil action.
(ii) Contents.--The notice required by
clause (i) shall include a copy of the
complaint to be filed to initiate such civil
action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notice required by clause (i), the State shall
provide notice immediately upon instituting a
civil action under subparagraph (A).
(C) Intervention by the ftc.--Upon receiving notice
required by subparagraph (B) with respect to a civil
action, the Commission may--
(i) intervene in such action; and
(ii) upon intervening, be heard on all
matters arising in such civil action and file
petitions for appeal of a decision in such
action.
(D) Preemptive action by the ftc.--If the
Commission institutes a civil action for violation of
this Act, no attorney general of a State may bring a
civil action under this paragraph against any defendant
named in the complaint of the Commission for violation
of this Act that is alleged in such complaint.
(d) Rules of Construction.--
(1) Substantially similar products.--For purposes of this
Act, two consumer products are substantially similar if there
are no substantial differences in the materials used in the
product, the intended uses of the product, and the functional
design and features of the product. A difference in coloring
among any consumer products shall not be construed as a
substantial difference for purposes of this paragraph.
(2) Substantially similar services.--For purposes of this
Act, two services are substantially similar if there is no
substantial difference in the amount of time to provide the
services, the difficulty in providing the services, or the cost
of providing the services.
(e) Definition of Consumer Product.--The term ``consumer product''
has the meaning given such term in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052) and includes a device or cosmetics, as such
terms are defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321). Such term includes a child restraint
system, as such term is defined in section 571.213 of title 49, Code of
Federal Regulations. | Pink Tax Repeal Act This bill prohibits the sale of substantially similar services or consumer products from the same manufacturer if they are priced differently based on the gender of the individuals to whom the products are marketed or intended or for whom the services are marketed, performed, or offered. A difference in coloring among consumer products shall not be construed as a substantial difference. Violations shall be treated as unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general are authorized to enforce against such violations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Windstorm Hazard Reduction Research
and Technology Transfer Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Coastal States and many island States and territories
are vulnerable to the hazards of windstorms. All Midwest,
Southern, and Mid-Atlantic States are vulnerable to the hazards
of tornadoes and thunderstorms and increased building activity
is occurring in high-risk areas such as the seashore and
``tornado alley''.
(2) Hurricanes cause enormous loss of life, injury,
destruction of property, and economic and social disruption, as
evidenced by the 56 deaths and $6,000,000,000 in property
damage in 1999 from Hurricane Floyd. From 1990 to 1999
hurricanes caused an average of 14 deaths and $4,970,000,000 in
property losses annually while tornadoes and other windstorms
caused over 58 deaths and $871,000,000 in property losses
annually.
(3) Improved windstorm hazard reduction measures,
including--
(A) cost-effective and affordable design and
construction methods and practices;
(B) informed land use decisions;
(C) impact prediction methodologies and early
warning systems; and
(D) public education and involvement programs,
have the potential over the next 10 years to reduce these
losses. Losses will increase if steps are not taken to help
communities reduce their vulnerability.
(4) Wind engineering research needs to address both
improving new structures and retrofitting existing ones.
(5) There is an appropriate role for the Federal Government
in the collection, preparation, coordination, and dissemination
of windstorm hazards reduction information in order to protect
public health and safety and in increasing public awareness of
the dangers of windstorms and of affordable steps homeowners
can take to preserve life and property. Improved mechanisms are
needed to translate existing information and research findings
into usable, state-of-the-art specifications, criteria, and
cost-effective practices.
(6) An effective Federal program in windstorm hazard
reduction will require interagency coordination, input from
individuals and institutions outside the Federal Government who
are expert in the sciences of natural hazards reduction and in
the practical application of mitigation measures, and improved
mechanisms for the transfer of new knowledge to State and local
officials, to homeowners, and to the design and construction
industry. Tax credits are an appropriate means of helping
homeowners apply mitigation measures.
(7) Windstorms are a worldwide problem, and international
cooperation is desirable for mutual learning and mitigation.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Office
of Science and Technology Policy.
(2) The term ``State'' means each of the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States.
(3) The term ``windstorm'' means any storm with a damaging
or destructive wind component, such as a hurricane, tropical
storm, tornado, or thunderstorm.
SEC. 4. NATIONAL WINDSTORM HAZARD REDUCTION PROGRAM.
(a) Interagency Group.--Not later than 30 days after the date of
the enactment of this Act, the Director shall establish an Interagency
Group, to be cochaired by the Director or the Director's designee and
the Director of the Federal Emergency Management Agency or that
Director's designee, consisting of representatives of appropriate
Federal agencies, including the National Science Foundation, the
National Oceanic and Atmospheric Administration, the National Institute
of Standards and Technology, the Department of Energy, and other
agencies with jurisdiction over housing, construction, and natural
disaster mitigation and relief, to be responsible for the development
and implementation of a coordinated Federal windstorm hazard reduction
research, development, and technology transfer program. In establishing
the Interagency Group, the Director is encouraged where appropriate to
designate lead agencies and to preserve existing programs and functions
of Federal agencies and organizations, and shall ensure regular agency
coordination and information sharing and where appropriate coordination
with other agencies.
(b) Objective.--The objective of the windstorm hazard reduction
program is the achievement, within 10 years after the date of the
enactment of this Act, of major measurable reductions in losses that
would otherwise have occurred to life and property from windstorms. The
objective is to be achieved through the creation of a program involving
cooperation among governments at all levels and the private sector
featuring--
(1) pertinent basic and applied research which takes into
account locality-specific weather, susceptibility to other
hazards, and design and construction practices;
(2) better understanding of impediments and disincentives
to wind hazard reduction;
(3) inventorying of existing buildings and related data for
use in developing and deploying wind hazard mitigation
measures;
(4) dissemination of information on cost-effective and
affordable wind hazard reduction research results, technology,
and techniques to industry, State and local governments,
homeowners, and the general public;
(5) improved technology for prediction, storm warnings,
advanced planning, and disaster response;
(6) increased public awareness of the dangers of windstorms
and of ways to preserve affected property and life; and
(7) priority attention to critical lifelines, including
infrastructure and utilities, that are especially needed in
time of disaster.
(c) Research and Development Elements.--The research and
development elements of the program may include--
(1) basic wind characterization and micro-climate research;
(2) development of methods to increase accuracy and
reliability in the prediction of the track and magnitude of
windstorms;
(3) peer-reviewed research and development on and
demonstration of wind-resistant systems and materials for new
construction and retrofit, including composite materials;
building envelope components, including windows, doors, and
roofs; structural design; and design and construction
techniques, through physical testing and through computer
simulation when appropriate, taking into consideration cost-
effectiveness, affordability, and regional differences
including susceptibility to other hazards;
(4) development of mechanisms for collecting information on
building systems and materials performance in windstorms,
information on mitigation priorities, and other pertinent
information from sources such as the construction industry,
insurance companies, and building officials;
(5) development of updatable, cost-effective, and
affordable systems, both for new construction and for
retrofitting, and for inventorying information on components
and materials and their interaction;
(6) development of cost-effective and affordable planning,
design, construction, rehabilitation, and retrofit methods and
procedures, including utilization of mitigation measures, for
critical lifelines and facilities such as hospitals, schools,
public utilities, and other structures that are especially
needed in time of disaster;
(7) research and development on techniques, methodologies,
and new technologies for the mapping in finer detail of
windstorm hazard risks, to be coordinated with the mapping of
other natural and manmade hazards;
(8) development of improved systems for predicting damaging
windstorm impact and for identifying, evaluating, and reliably
characterizing windstorm hazards;
(9) development of improved approaches for providing
emergency services, reconstruction, and redevelopment after a
windstorm;
(10) development of quantitative assessment techniques for
the delineation and evaluation of the socioeconomic effects of
windstorms and their application on a regional basis, including
exploration of adjustments that could be made to reduce
windstorm vulnerability and to effectively exploit existing and
developing mitigation techniques; and
(11) studies of impediments and disincentives to effective
wind hazard mitigation, preparedness, and response policies and
innovations.
(d) Technology Transfer.--The technology transfer elements of the
program shall include--
(1) the collection, classification, presentation, and
dissemination in a usable form to Federal, State, and local
officials, community leaders, the design and construction
industry, contractors, home owners, and the general public, of
research results and other pertinent information regarding
windstorm phenomena, the identification of locations and
features which are especially susceptible to windstorm damage,
ways to reduce the adverse consequences of windstorms, and
related matters;
(2) in coordination with the private sector, academia, and
the States, curriculum development and related measures to
facilitate the training of employees of the design and
construction industry, the insurance industry, and State and
local governments, and other interested persons; and
(3) efforts to increase public awareness and information
related to windstorm hazard mitigation.
(e) Implementation Plan.--The Interagency Group established under
subsection (a) shall refine, in conjunction with appropriate
representatives of State and local units of government and private
sector organizations, the objective stated in subsection (b), develop
measurements related to the objective, including emphasis on cost-
effectiveness and affordability, and develop a 10-year implementation
plan for achieving the objective, deferring to the private sector and
State and local government for implementation in all appropriate
instances. Not later than 210 days after the date of the enactment of
this Act, the Interagency Group shall submit to the Congress the
implementation plan. The plan shall include--
(1) a statement of research and development goals and
priorities;
(2) plans for the development of improved forecasting
techniques for windstorms, early warning systems, and systems
for comprehensive response;
(3) plans for the development of an inventory of buildings,
building components, and damage to buildings from windstorms;
(4) plans for transfer of technology and information to
State, county, local, and regional governmental units and the
private sector for appropriate application of research and
development results;
(5) provisions for dissemination, on a timely basis, of--
(A) delivery of information and technology in a
form that is of use to the design professions, the
construction industry, and other interested parties;
and
(B) other information and knowledge of interest to
the public to reduce vulnerability to windstorm
hazards;
(6) a description of how Federal disaster relief and
emergency assistance programs will incorporate research and
development results;
(7) establishment, consistent with this Act, of goals,
priorities, and target dates for implementation of the program;
(8) assignment of responsibilities with respect to each
element of the program that does not already have a Federal
lead agency;
(9) a description of plans for cooperation and coordination
in all phases of the program with interested governmental
entities in all States, particularly those containing areas of
high or moderate windstorm risk; and
(10) staffing plans for the program and its components.
(f) Participation.--The implementation plan shall avoid duplication
whenever possible and assign responsibilities to Federal agencies with
existing expertise.
(g) Manufactured Housing Standards.--No design, construction
method, practice, technology, material, mitigation methodology, or
hazard reduction measure of any kind developed under this Act shall be
required for a home certified under section 616 of the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5415), pursuant to standards issued under such Act, without
being subject to the consensus development process and rulemaking
procedures of that Act.
SEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM HAZARD REDUCTION.
(a) Establishment.--A National Advisory Committee shall be
established to review progress made under the program established under
section 4, advise on any improvements that should be made to that
program, and report to the Congress on actions that have been taken to
advance the Nation's capability to reduce the impacts of windstorm
hazards.
(b) Membership.--The Advisory Committee shall be composed of 21
members to be appointed by the President (one of whom shall be
designated by the President as chair). The members shall include
representatives of a broad cross-section of interests such as the
research, technology transfer, architectural, engineering, and
financial communities; materials and systems suppliers; State, county,
and local governments concerned with the reduction of windstorm
hazards; the residential, multifamily, and commercial sectors of the
construction industry; and the insurance industry, and other
representatives (not including members of Federal agencies) from areas
impacted by windstorm hazards.
(c) Coordination.--The Advisory Committee shall coordinate with
existing advisory committees of the Federal Government and of the
National Academies of Science and Engineering. As appropriate, the work
and reports of the Advisory Committee may be done in conjunction with
or replace the work of other advisory committees.
(d) Annual Report.--The Advisory Committee shall provide a summary
report to Congress each year.
(e) Exemption.--Section 14 of the Federal Advisory Committee Act
shall not apply to the Advisory Committee established under this
section.
SEC. 6. ANNUAL REPORT.
(a) Report.--The Interagency Group established under section 4(a)
shall, within 90 days after the end of each fiscal year, submit a
report to the Congress describing the status of the windstorm hazard
reduction program, describing progress achieved during the preceding
fiscal year, by government at all levels and by the private sector,
toward achieving the objective stated in section 4(b) and implementing
the plan developed under section 4(e), and including any amendments to
the implementation plan. Each such report shall include any
recommendations for legislative and other action the Interagency Group
considers necessary and appropriate.
(b) Conference.--In order to disseminate the research findings of
the windstorm hazard reduction program established under section 4(a),
the Interagency Group is encouraged to arrange for an annual conference
where research findings and mitigation efforts can be presented. Those
invited to the conference shall include representatives of a broad
cross-section of interests such as the research, technology transfer,
architectural, engineering, and financial communities; materials and
systems suppliers; State, county, and local governments concerned with
the reduction of windstorm hazards; the residential, multifamily, and
commercial sectors of the construction industry; and the insurance
industry, and other representatives from areas impacted by windstorm
hazards.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out activities
under this Act $50,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $150,000,000 for fiscal year 2003. | Establishes a National Advisory Committee to review the program's progress, advise on any improvements, and report to Congress on actions taken to reduce the impacts of windstorm hazards. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Portable Fuel Container Safety Act
of 2017''.
SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL
CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION
SOURCES.
(a) Rule on Safety Performance Standards Required.--Not later than
30 months after the date of enactment of this section, the Consumer
Product Safety Commission shall promulgate a final rule for flame
mitigation devices in portable fuel containers that impedes the
propagation of flame into the container, except as provided in
subsection (c).
(b) Rulemaking; Consumer Product Safety Standard.--A rule under
subsection (a)--
(1) shall be promulgated in accordance with section 553 of
title 5, United States Code; and
(2) shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act
(15 U.S.C. 2058).
(c) Exception.--
(1) Voluntary standard.--Subsection (a) shall not apply if
the Commission determines that--
(A) there is a voluntary standard for flame
mitigation devices in portable fuel containers that
impedes the propagation of flame into the container;
(B) the voluntary standard is or will be in effect
not later than 18 months after the date of enactment of
this Act; and
(C) the voluntary standard is developed by
Subcommittee F15 of ASTM International or such other
standard development organization that the Commission
determines to have met the intent of this Act.
(2) Determination required to be published in the federal
register.--Any determination made by the Commission under this
subsection shall be published in the Federal Register.
(d) Treatment of Voluntary Standard for Purpose of Enforcement.--If
the Commission determines that a voluntary standard meets the
conditions described in subsection (c), the requirements of such
voluntary standard shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act
beginning on the date which is the later of--
(1) 180 days after publication of the Commission's
determination under subsection (c); or
(2) the effective date contained in the voluntary standard.
(e) Revision of Voluntary Standard.--
(1) Notice to commission.--If the requirements of a
voluntary standard that meet the conditions of subsection (c)
are subsequently revised, the organization that revised the
standard shall notify the Commission not later than 60 days
after the final approval of the revision.
(2) Effective date of revision.--Not later than 180 days
after the Commission is notified of a revised voluntary
standard described in paragraph (1) (or such later date as the
Commission determines appropriate), such revised voluntary
standard shall become enforceable as a consumer product safety
rule promulgated under section 9 of the Consumer Product Safety
Act, in place of the prior version, unless within 90 days after
receiving the notice the Commission determines that the revised
voluntary standard does not meet the requirements described in
subsection (c).
(f) Future Rulemaking.--The Commission, at any time after
publication of the consumer product safety rule required by subsection
(a), a voluntary standard is treated as a consumer product safety rule
under subsection (d), or a revision is enforceable as a consumer
product safety rule under subsection (e) may initiate a rulemaking in
accordance with section 553 of title 5, United States Code, to modify
the requirements or to include any additional provision that the
Commission determines is reasonably necessary to protect public health
or safety. Any rule promulgated under this subsection shall be treated
as a consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act.
(g) Action Required.--
(1) Education campaign.--Not later than 1 year after the
date of enactment of this Act, the Commission shall undertake a
campaign to educate consumers about the dangers associated with
using or storing portable fuel containers for flammable liquids
near an open flame or any other source of ignition.
(2) Summary of actions.--Not later than 2 years after the
date of enactment of this Act, the Commission shall submit to
Congress a summary of actions taken by the Commission in such
campaign.
(h) Portable Fuel Container Defined.--In this section, the term
``portable fuel container'' means any container or vessel (including
any spout, retrofit spout, cap, and other closure mechanism or
component of such container or vessel)--
(1) intended for flammable liquid fuels, including
gasoline, kerosene, diesel, ethanol, methanol, denatured
alcohol, biofuels, or liquids with a flash point less than 140
degrees Fahrenheit;
(2) that is a consumer product with a capacity of 5 gallons
or less; and
(3) that the manufacturer knows or reasonably should know
is used by consumers for receiving, transporting, storing, and
dispensing flammable liquid fuels.
(i) Rule of Construction.--This section may not be interpreted to
conflict with the Children's Gasoline Burn Prevention Act (Public Law
110-278; 122 Stat. 2602).
SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.
(a) Amendment.--Section 2(c) of the Children's Gasoline Burn
Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by
inserting after ``for use by consumers'' the following: ``and any
receptacle for gasoline, kerosene, or diesel fuel, including any spout,
retrofit spout, cap, and other closure mechanism and component of such
receptacle, produced or distributed for sale to or use by consumers for
transport of, or refueling of internal combustion engines with,
gasoline, kerosene, or diesel fuel''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect 6 months after the date of enactment of this section. | Portable Fuel Container Safety Act of 2017 This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final rule for flame mitigation devices in portable flammable liquid fuel containers that impede the propagation of flame into the container, unless the CPSC publishes a determination that a voluntary standard developed by a standard development organization meets the intent of this bill. Either the promulgated standard or the voluntary standard shall be treated as a consumer product safety rule. If a standard development organization subsequently revises a voluntary standard, the organization must notify the CPSC and the revision becomes enforceable unless, within 90 days after receiving notice, the CPSC determines that the revised standard does not meet this bill's requirements. The CPSC must undertake a campaign to educate consumers about dangers associated with portable fuel containers near an open flame or other source of ignition. The bill amends the Children's Gasoline Burn Prevention Act to extend child-resistance requirements for closures on portable gasoline containers to receptacles for gasoline, kerosene, or diesel fuel (including any spout, retrofit spout, cap, and other closure mechanism and component) produced or distributed for sale to, or use by, consumers for transport of, or for refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hire Just One Act of 2013''.
SEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS.
(a) Use of Unemployment Fund for Employment Assistance Voucher
Program.--
(1) State law.--Section 3304(a)(4) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
subparagraph (F), by inserting ``and'' at the end of
subparagraph (G), and by adding at the end the following new
subparagraph:
``(H) during the 120-day period beginning on the
date of the enactment of the Hire Just One Act of 2013,
amounts may be withdrawn for the payment of allowances
under an employment assistance voucher program (as
defined in section 3306(v));''.
(2) Permissible expenditures.--Section 3306(f) of such Code
is amended--
(A) by striking ``and'' at the end of paragraph
(5),
(B) by redesignating the paragraph relating to the
self-employment assistance program as paragraph (6) and
striking the period at the end of such paragraph and
inserting ``; and'', and
(C) by adding at the end the following new
paragraph:
``(7) during the 120-day period beginning on the date of
the enactment of the Hire Just One Act of 2013, amounts may be
withdrawn for the payment of allowances under an employment
assistance voucher program (as defined in subsection (v)).''.
(b) Employment Assistance Voucher Program Defined.--Section 3306 of
such Code is amended by adding at the end the following new subsection:
``(v) Employment Assistance Voucher Program.--For the purposes of
this chapter--
``(1) In general.--The term `employment assistance voucher
program' means a program under which--
``(A) an eligible individual is issued an
employment assistance voucher,
``(B) upon employment with an employer described in
paragraph (5)--
``(i) the eligible individual transfers the
employment assistance voucher to the employer,
``(ii) the individual ceases to receive
unemployment compensation and is paid wages by
the employer, and
``(iii) the employer receives payments upon
presenting the voucher to the State, and
``(C) the program meets such other requirements as
the Secretary of Labor determines to be appropriate.
``(2) Rules relating to unemployed individuals.--For
purposes of paragraph (1)--
``(A) Compensation.--Compensation pursuant to
paragraph (1)(B)(ii) shall--
``(i) not be less than 200 percent of the
unemployment compensation otherwise payable to
the individual on the date of the individual's
employment under the employment assistance
voucher program,
``(ii) not be less than the minimum wage
(as specified in section 6 of the Fair Labor
Standards Act of 1938),
``(iii) be payable for a period not to
exceed the maximum number of remaining weeks of
unemployment compensation (including
supplemental and emergency) to which the
employee would be entitled (but for
participating in the employment assistance
voucher program), determined as of the date of
employment.
``(B) Termination of employment.--If, before the
end of the period referred to in subparagraph (A)(iii),
an individual's employment with an employer under the
employment assistance voucher program is terminated for
reasons other than cause, the individual is entitled to
the remaining period of entitlement referred to in
subparagraph (A)(iii) less the number of weeks of such
employment.
``(C) Certain requirements not to apply.--State
requirements relating to availability for work, active
search for work, and refusal to accept work are not
applicable to individuals participating in the
employment assistance voucher program.
``(3) Employment assistance voucher.--The term `employment
assistance voucher' means a voucher--
``(A) obtained by an eligible individual pursuant
to the State law,
``(B) payable to the employer of the eligible
individual--
``(i) at a rate determined under State law
but not to exceed 90 percent of the amount of
unemployment compensation to which the eligible
individual is entitled, and
``(ii) on the same schedule as unemployment
compensation would be payable to the individual
but for employment under the employment
assistance voucher program.
``(4) Eligible individual.--The term `eligible individual'
means an individual who--
``(A) is eligible to receive regular unemployment
compensation under the State law, extended
unemployment, or emergency unemployment or would be
eligible to receive such compensation except for the
requirements described in paragraph (1)(B),
``(B) is identified pursuant to a State worker
profiling system as an individual likely to exhaust
regular unemployment compensation,
``(C) immediately prior to employment by the
eligible employer, was unemployed for not less than 6
months, and
``(D) is employed by an eligible employer.
``(5) Eligible employer.--The term `eligible employer'
means an employer who agrees to the terms and conditions of
employment under the unemployment assistance voucher program
and who is approved by the State agency.
``(6) Treatment of participating individuals under federal
and state law.--Individuals participating in an unemployment
assistance voucher program shall be treated as unemployed for
the purposes of Federal and State laws applicable to
unemployment compensation, except that wages paid to the
employee under such program shall be subject to Federal and
State taxation to the same extent and in the same manner as
wages generally.
``(7) Cost limiter.--A State program shall not be treated
as an employment assistance voucher program for purposes of
this chapter unless the program does not result in any cost to
the Unemployment Trust Fund (established by section 904(a) of
the Social Security Act) in excess of the cost that would be
incurred by such State and charged to such Fund, or to any
Federal funds in the system if the State had not participated
in such program.
``(8) Prevention of employment termination to participate
in program.--A State program shall not be treated as an
employment assistance voucher program for purposes of this
chapter unless the State has in effect measures to prevent
employers from terminating employment for purposes of
participating in the employment assistance voucher program.
``(9) Prevention in terminating employees during program.--
A State program shall not be treated as an employment
assistance voucher program for purposes of this chapter unless
the State has in effect measures to recoup payments made to an
employer under the program if the employer has terminated from
employment more employees during the 120-day period referred to
in section 3304(a)(4)(H) than the employer has hired under the
program.''.
(c) Conforming Amendment.--Section 303(a)(5) of the Social Security
Act (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and
inserting ``: Provided further, That amounts may be withdrawn for the
payment of allowances under an employment assistance voucher program
(as defined in section 3306(v) of the Internal Revenue Code of 1986);
and''.
(d) State Reports.--Any State operating an employment assistance
voucher program approved by the Secretary of Labor pursuant to section
3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this
section) shall report annually to the Secretary on the number of
individuals who participate in the program, the operating costs of the
program, compliance with program requirements, and any other relevant
aspects of program operations requested by the Secretary.
(e) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Labor shall submit a report
to the Congress with respect to the operation of the employment
assistance voucher program. Such report shall be based on the reports
received from the States pursuant to subsection (d) and include such
other information as the Secretary of Labor determines is appropriate.
(f) Effective Date.--The provisions of this section and the
amendments made by this section shall take effect on the date of the
enactment of this Act. | Hire Just One Act of 2013 - Amends the Internal Revenue Code to allow states, for a 120-day period beginning on the enactment date of this Act, to implement an employment assistance voucher program, in lieu of paying unemployment compensation directly to employees, under which an eligible individual is issued an employment assistance voucher and is hired by a participating employer who receives a subsidy from the state for the wages paid to the employee. Defines an "eligible employee" as an individual who has been unemployed for at least six months, who is eligible for unemployment compensation, and who is likely to exhaust such compensation. Requires a state program issuing employment assistance vouchers to have in effect measures to recoup subsidies made to an employer if such employer has terminated more employees during the 120-day period than such employer has hired under the program. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dental and Optometric Care Access
Act'' or the ``DOC Access Act''.
SEC. 2. IMPROVING HEALTH CARE COVERAGE UNDER VISION AND DENTAL PLANS.
(a) In General.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the
following new section:
``SEC. 2719B. IMPROVING COVERAGE UNDER VISION AND DENTAL PLANS.
``(a) In General.--Under a group health plan or individual or
health insurance coverage (including such a plan or coverage offering
limited scope dental or vision benefits), the following shall apply:
``(1) Payment amounts from covered persons.--
``(A) In general.--The plan or coverage shall
provide, with respect to a doctor of optometry, doctor
of dental surgery, or doctor of dental medicine that
has an agreement to participate in the plan or coverage
and that furnishes items or services that are not
covered by the plan or coverage to a person enrolled
under such plan or coverage, that the doctor may charge
the enrollee for such items or services any amount
determined by the doctor that is equal to, or less
than, the usual and customary amount that the doctor
charges individuals who are not so enrolled for such
items or services.
``(B) Items and services considered covered by a
plan.--For purposes of subparagraph (A), an item or
service shall be considered, with respect to a plan or
coverage, to be covered by the plan or coverage only if
the negotiated rate agreed to by such plan or coverage
and the doctor for such item or service, without regard
to any cost sharing obligation of the enrollee, is an
amount that is reasonable and is not nominal or de
minimis.
``(2) Changes to plans.--The terms of an agreement between
such a plan or coverage and such a doctor (including, in the
case of a plan or coverage that provides for a provider
network, the negotiated rate for providers that participate in
the network of such plan or coverage), may be changed only
pursuant to a subsequent agreement signed by the doctor that
documents the acknowledgment and acceptance of the doctor (as
applicable) to such changes.
``(3) Duration of limited scope vision and dental plans.--
In the case of an agreement between such a doctor and such a
plan or coverage that offers limited scope dental or vision
benefits, the agreement may not be for a period that is greater
than two years.
``(4) Terms and conditions for ancillary services and
procedures.--Such plan or coverage may not deny such a doctor
participation in the plan or coverage or remove such a doctor
from participation in the plan or coverage for the sole reason
of the failure of the doctor to accept the terms and conditions
under such agreement for any ancillary service or procedure.
``(5) Condition to join a provider network.--The plan or
coverage may not require that such a doctor must participate
with, or be credentialed by, any specific plan or coverage
offering limited scope dental or vision benefits as a condition
to participate in the provider network of such plan or
coverage.
``(6) No interference with existing relationships and
requirements.--Unless otherwise required by law or regulation,
such plan or coverage may not directly communicate with an
individual enrolled in such plan or coverage in a manner that
interferes with or contravenes any State or Federal
requirement, or doctor-patient relationship in existence at the
time of such communication.
``(7) No restriction on choice of laboratories.--The plan
or coverage may not, directly or indirectly, restrict or limit,
such a doctor's choice of laboratories or choice of source and
suppliers of services or materials provided by the doctor to an
individual who is enrolled under the plan or coverage.
``(b) Private Right of Action.--In addition to any other remedies
under State or Federal law, a person adversely affected by a violation
of this subsection may bring action for injunctive relief against a
plan described in subsection (a) and, upon prevailing, in addition to
such injunctive relief, shall recover monetary damages of no more than
$1,000 for each day found to be in violation plus attorney's fees and
costs. The district courts of the United States shall have exclusive
jurisdiction of civil actions brought under this subsection.
``(c) Relationship to Exception for Limited, Excepted Benefits.--
Section 2722(c)(1) shall not apply with respect to the requirements of
this section.
``(d) Definitions.--In this section:
``(1) The terms `doctor of dental surgery' and `doctor of
dental medicine' mean a doctor of dental surgery or of dental
medicine, as applicable, who is legally authorized to practice
dentistry by the State in which the doctor performs such
function and who is acting within the scope of the license of
the doctor when performing such functions.
``(2) The term `doctor of optometry' means a doctor of
optometry who is legally authorized to practice optometry by
the State in which the doctor so practices.''.
(b) Conforming Amendment.--Section 2722(c)(1) of the Public Health
Service Act (42 U.S.C. 300gg-21(c)(1)) is amended by striking ``The
requirements'' and inserting ``Subject to section 2719B, the
requirements''. | Dental and Optometric Care Access Act or the DOC Access Act This bill amends the Public Health Service Act to prohibit group health plans and individual health insurance coverage from setting rates for items and services provided by a doctor of optometry, of dental surgery, or of dental medicine for which the plan or insurer does not pay a substantial amount. An agreement between a plan or insurer and such a doctor: (1) may only be changed with the doctor's acknowledgement and acceptance, and (2) may not last longer than two years if the agreement is for limited scope dental or vision benefits. Such a doctor must be allowed to participate in a: (1) plan or coverage without accepting terms for ancillary services or procedures, and (2) provider network without participating in a specific limited scope dental or vision benefit plan. Plans and insurers may not: (1) directly communicate with an enrolled individual in a manner that interferes with an existing doctor-patient relationship or a state or federal requirement, or (2) restrict such a doctor's choice of laboratories or suppliers. The bill establishes a private right of action for a person adversely affected by a violation of this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategic Gasoline and Fuel Reserve
Act of 2005''.
SEC. 2. STRATEGIC GASOLINE AND FUEL RESERVE.
(a) In General.--Title I of the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.) is amended--
(1) by redesignating part E (42 U.S.C. 6251 et seq.) as
part F;
(2) by redesignating section 191 (42 U.S.C. 6251) as
section 199; and
(3) by inserting after part D (42 U.S.C. 6250 et seq.) the
following:
``PART E--STRATEGIC GASOLINE AND FUEL RESERVE
``SEC. 191. DEFINITIONS.
``In this part:
``(1) Gasoline.--The term `gasoline' means regular unleaded
gasoline.
``(2) Reserve.--The term `Reserve' means the Strategic
Gasoline and Fuel Reserve established under section 192(a).
``SEC. 192. ESTABLISHMENT.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary shall establish, maintain, and operate a Strategic
Gasoline and Fuel Reserve.
``(b) Not Component of Strategic Petroleum Reserve.--The Reserve is
not a component of the Strategic Petroleum Reserve established under
part B.
``(c) Capacity.--The Reserve shall contain not more than--
``(1) 40,000,000 barrels of gasoline; and
``(2) 7,500,000 barrels of jet fuel.
``(d) Reserve Sites.--
``(1) Siting.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall determine not less
than 3 Reserve sites, and not more than 5 Reserve sites,
throughout the United States that are regionally strategic.
``(2) Operation.--The Reserve sites described in paragraph
(1) shall be operational not later than 2 years after the date
of enactment of this Act.
``(e) Security.--In establishing the Reserve under this section,
the Secretary shall obtain the concurrence of the Secretary of Homeland
Security with respect to physical design security and operational
security.
``(f) Authority.--In carrying out this part, the Secretary may--
``(1) purchase, contract for, lease, or otherwise acquire,
in whole or in part, storage and related facilities and storage
services;
``(2) use, lease, maintain, sell, or otherwise dispose of
storage and related facilities acquired under this part;
``(3) acquire by purchase, exchange, lease, or other means
gasoline and fuel for storage in the Reserve;
``(4) store gasoline and fuel in facilities not owned by
the United States; and
``(5) sell, exchange, or otherwise dispose of gasoline and
fuel from the Reserve, including to maintain--
``(A) the quality or quantity of the gasoline or
fuel in the Reserve; or
``(B) the operational capacity of the Reserve.
``(g) Fill Date.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall complete the process of filling the Reserve
under this section by March 1, 2008.
``(2) Extensions.--The President may extend the deadline
established under paragraph (1) if--
``(A) the President determines that filling the
Reserve within that deadline would cause an undue
economic burden on the United States; and
``(B) the President receives approval from
Congress.
``SEC. 193. RELEASE OF GASOLINE AND FUEL.
``(a) In General.--The Secretary shall release gasoline or fuel
from the Reserve only if--
``(1) the President finds that there is a severe fuel
supply disruption by finding that--
``(A) a regional or national supply shortage of
gasoline or fuel of significant scope and duration has
occurred;
``(B) a substantial increase in the price of
gasoline or fuel has resulted from the shortage;
``(C) the price increase is likely to cause a
significant adverse impact on the national economy; and
``(D) releasing gasoline or fuel from the Reserve
would assist directly and significantly in reducing the
adverse impact of the shortage; or
``(2)(A) the Governor of a State submits to the Secretary a
written request for a release from the Reserve that contains a
finding that--
``(i) a regional or statewide supply shortage of
gasoline or fuel of significant scope and duration has
occurred;
``(ii) a substantial increase in the price of
gasoline or fuel has resulted from the shortage; and
``(iii) the price increase is likely to cause a
significant adverse impact on the economy of the State;
and
``(B) the Secretary concurs with the findings of the
Governor under subparagraph (A) and determines that--
``(i) a release from the Reserve would mitigate
gasoline or fuel price volatility in the State;
``(ii) a release from the Reserve would not have an
adverse effect on the long-term economic viability of
retail gasoline or fuel markets in the State and
adjacent States; and
``(iii) a release from the Reserve would not
suppress prices below long-term market trend levels.
``(b) Procedure.--
``(1) Response of secretary.--The Secretary shall respond
to a request submitted under subsection (a)(2) not later than 5
days after receipt of the request by--
``(A) approving the request;
``(B) denying the request; or
``(C) requesting additional supporting information.
``(2) Release.--The Secretary shall establish procedures
governing the release of gasoline or fuel from the Reserve in
accordance with this subsection.
``(3) Requirements.--
``(A) Eligible entity.--In this paragraph, the term
`eligible entity' means an entity that is customarily
engaged in the sale or distribution of gasoline or
fuel.
``(B) Sale or disposal from reserve.--The
procedures established under this subsection shall
provide that the Secretary may--
``(i) sell gasoline or fuel from the
Reserve to an eligible entity through a
competitive process; or
``(ii) enter into an exchange agreement
with an eligible entity under which the
Secretary receives a greater volume of gasoline
or fuel as repayment from the eligible entity
than the volume provided to the eligible
entity.
``(c) Continuing Evaluation.--The Secretary shall conduct a
continuing evaluation of the drawdown and sales procedures established
under this section.
``SEC. 194. REPORTS.
``(a) Gasoline and Fuel.--Not later than 45 days after the date of
enactment of this section, the Secretary shall submit to Congress and
the President a plan describing--
``(1) the acquisition of storage and related facilities or
storage services for the Reserve, including the use of storage
facilities not currently in use or not currently used to
capacity;
``(2) the acquisition of gasoline and fuel for storage in
the Reserve;
``(3) the anticipated methods of disposition of gasoline
and fuel from the Reserve;
``(4) the estimated costs of establishment, maintenance,
and operation of the Reserve;
``(5) efforts that the Department will take to minimize any
potential need for future drawdowns from the Reserve; and
``(6) actions to ensure the quality of the gasoline and
fuel in the Reserve are maintained.
``(b) Natural Gas and Diesel.--Not later than 90 days after the
date of enactment of this section, the Secretary shall submit to
Congress a report describing the feasibility of creating a natural gas
and diesel reserve similar to the Reserve under this part.
``SEC. 195. STRATEGIC GASOLINE AND FUEL RESERVE FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the `Strategic Gasoline
and Fuel Reserve Fund' (referred to in this section as the `Fund'),
consisting of--
``(1) such amounts as are appropriated to the Fund under
subsection (b);
``(2) such amounts as are appropriated to the Fund under
section 196; and
``(3) any interest earned on investment of amounts in the
Fund under subsection (d).
``(b) Transfers to Fund.--There are appropriated to the Fund
amounts equivalent to amounts collected as receipts and received in the
Treasury from the sale, exchange, or other disposition of gasoline or
fuel from the Reserve.
``(c) Expenditures From Fund.--On request by the Secretary and
without the need for further appropriation, the Secretary of the
Treasury shall transfer from the Fund to the Secretary such amounts as
the Secretary determines are necessary to carry out activities under
this part, to remain available until expended.
``(d) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment of
the Secretary of the Treasury, required to meet current
withdrawals.
``(2) Interest-bearing obligations.--Investments may be
made only in interest-bearing obligations of the United States.
``(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
``(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
``(e) Transfers of Amounts.--
``(1) In general.--The amounts required to be transferred
to the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
``(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
``SEC. 196. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this part, to remain available until
expended.''.
SEC. 3. CONFORMING AMENDMENTS.
The table of contents for title I of the Energy Policy and
Conservation Act (42 U.S.C. 6201 note) is amended by striking the
matter relating to part D and inserting the following:
``Part D--Northeast Home Heating Oil Reserve
``Sec. 181. Establishment.
``Sec. 182. Authority.
``Sec. 183. Conditions for release; plan.
``Sec. 184. Northeast home heating oil reserve account.
``Sec. 185. Exemptions.
``Sec. 186. Authorization of appropriations.
``Part E--Strategic Gasoline and Fuel Reserve
``Sec. 191. Definitions.
``Sec. 192. Establishment.
``Sec. 193. Release of gasoline and fuel.
``Sec. 194. Reports.
``Sec. 195. Strategic Gasoline and Fuel Reserve Fund.
``Sec. 196. Authorization of appropriations.
``Part F--Expiration
``Sec. 199. Expiration.''. | Strategic Gasoline and Fuel Reserve Act of 2005 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to establish, maintain, and operate a Strategic Gasoline and Fuel Reserve of gasoline and jet fuel.
Instructs the Secretary to determine between three and five regionally strategic Reserve sites throughout the United States.
Permits the Secretary to release gasoline or fuel from the Reserve only if: (1) the President finds that there is a severe fuel supply disruption; or (2) the Governor of a state requests a release from the Reserve, accompanied by specified findings.
Establishes in the Treasury a revolving Strategic Gasoline and Fuel Reserve Fund. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NEPA Reciprocity Act''.
SEC. 2. USE OF ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES
UNDER STATE LAWS FOR RAIL AND HIGHWAY PROJECTS.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
eliminate duplicative environmental reviews and approvals under
State and Federal law of projects. Under this program, a State
may use State laws and procedures to conduct reviews and make
approvals in lieu of Federal environmental laws and
regulations, consistent with the provisions of this section.
(2) Participating states.--All States are eligible to
participate in the program.
(3) Scope of alternative review and approval procedures.--
For purposes of this section, alternative environmental review
and approval procedures may include one or more of the
following:
(A) Substitution of one or more State environmental
laws for one or more Federal environmental laws, if the
Secretary determines in accordance with this section
that the State environmental laws provide environmental
protection and opportunities for public involvement
that are substantially equivalent to the applicable
Federal environmental laws.
(B) Substitution of one or more State regulations
for Federal regulations implementing one or more
Federal environmental laws, if the Secretary determines
in accordance with this section that the State
regulations provide environmental protection and
opportunities for public involvement that are
substantially equivalent to the Federal regulations.
(b) Application.--To participate in the program, a State shall
submit to the Secretary an application containing such information as
the Secretary may require, including--
(1) a full and complete description of the proposed
alternative environmental review and approval procedures of the
State;
(2) for each State law or regulation included in the
proposed alternative environmental review and approval
procedures of the State, an explanation of the basis for
concluding that the law or regulation meets the requirements
under subsection (a)(3); and
(3) evidence of having sought, received, and addressed
comments on the proposed application from the public and
appropriate Federal environmental resource agencies.
(c) Review of Application.--The Secretary shall--
(1) review an application submitted under subsection (b);
(2) approve or disapprove the application in accordance
with subsection (d) not later than 90 days after the date of
the receipt of the application; and
(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons for the
approval or disapproval.
(d) Approval of State Programs.--
(1) In general.--The Secretary shall approve each such
application if the Secretary finds that the proposed
alternative environmental review and approval procedures of the
State are substantially equivalent to the applicable Federal
environmental laws and Federal regulations.
(2) Exclusion.--The National Environmental Policy Act of
1969 and the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) shall not apply to any decision by the Secretary to
approve or disapprove any application submitted pursuant to
this section.
(e) Compliance With Permits.--Compliance with a permit or other
approval of a project issued pursuant to a program approved by the
Secretary under this section shall be considered compliance with the
Federal laws and regulations identified in the program approved by the
Secretary pursuant to this section.
(f) Review and Termination.--
(1) Review.--All State alternative environmental review and
approval procedures approved under this section shall be
reviewed by the Secretary not less than once every 5 years.
(2) Public notice and comment.--In conducting the review
process under paragraph (1), the Secretary shall provide notice
and an opportunity for public comment.
(3) Extensions and terminations.--At the conclusion of the
review process, the Secretary may extend the State alternative
environmental review and approval procedures for an additional
5-year period or terminate the State program.
(g) Report to Congress.--Not later than 2 years after the date of
enactment of this section, and annually thereafter, the Secretary shall
submit to Congress a report that describes the administration of the
program.
(h) Definitions.--For purposes of this section:
(1) Environmental law.--The term ``environmental law''
includes any law that provides procedural or substantive
protection, as applicable, for the natural or built environment
with regard to the construction and operation of projects.
(2) Federal environmental laws.--The term ``Federal
environmental laws'' means laws governing the review of
environmental impacts of, and issuance of permits and other
approvals for, the construction and operation of projects,
including section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344), section
106 of the National Historic Preservation Act (16 U.S.C. 470f),
and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2),
1538(a)(1)(B), 1539(a)(1)(B)).
(3) Project.--The term ``project'' means any project
eligible for federal assistance under title 23, subtitle V of
title 49, or chapter 53 of title 49 of the United States Code,
or involves the participation of more than one Department of
Transportation modal administration or secretarial office. | NEPA Reciprocity Act Directs the Secretary of Transportation to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for rail and highway transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Promotion Equity Act''.
SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Declaration of Policy.--The first sentence of section 110(b) of
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is
amended--
(1) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(2) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(b) Definitions.--Section 111 of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4502) is amended--
(1) in subsection (k), by striking ``and'' at the end;
(2) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(m) the term `imported dairy product' means any dairy
product that is imported into the United States, including--
``(1) milk and cream and fresh and dried dairy
products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(c) Funding.--
(1) Representation on board.--Section 113(b) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is
amended--
(A) by designating the first through ninth
sentences as paragraphs (1) through (5) and paragraphs
(7) through (10), respectively;
(B) in paragraph (1) (as so designated), by
striking ``thirty-six'' and inserting ``38'';
(C) in paragraph (2) (as so designated), by
striking ``Members'' and inserting ``Of the members of
the Board, 36 members''; and
(D) by inserting after paragraph (5) (as so
designated) the following:
``(6) Importers.--
``(A) In general.--Of the members of the Board, 2
members shall be representatives of importers of
imported dairy products.
``(B) Appointment.--The importer representatives
shall be appointed by the Secretary from nominations
submitted by importers under such procedures as the
Secretary determines to be appropriate.''.
(2) Assessment.--Section 113(g) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
(A) by designating the first through fifth
sentences as paragraphs (1) through (5), respectively;
and
(B) by adding at the end the following:
``(6) Importers.--
``(A) In general.--The order shall provide that
each importer of imported dairy products shall pay an
assessment to the Board in the manner prescribed by the
order.
``(B) Rate.--The rate of assessment on imported
dairy products shall be determined in the same manner
as the rate of assessment per hundredweight or the
equivalent of milk.
``(C) Value of products.--For the purpose of
determining the assessment on imports under
subparagraph (B), the value to be placed on imported
dairy products shall be established by the Secretary in
a fair and equitable manner.''.
(3) Records.--The first sentence of section 113(k) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k))
is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person receiving''.
(4) Referendum.--Section 116 of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4507) is amended by adding
at the end the following:
``(d) Referendum on Dairy Promotion Equity Act.--
``(1) In general.--On the request of a representative group
comprising 10 percent or more of the number of producers
subject to the order, the Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the
amendments made by section 2 of the Dairy Promotion
Equity Act; and
``(B) suspend the application of the amendments
until the results of the referendum are known.
``(2) Continuation of suspension.--The Secretary shall
continue the suspension of the application of the amendments
referred to in paragraph (1)(A) only if the Secretary
determines that suspension of the application of the amendments
is favored by a majority of the producers voting in the
referendum who, during a representative period (as determined
by the Secretary), have been engaged in the production of milk
for commercial use.''. | Dairy Promotion Equity Act - Amends the Dairy Production Stabilization Act of 1983 to: (1) require dairy importers to contribute to the dairy promotion program; (2) increase National Dairy Board membership by including importers; and (3) provide for a referendum regarding suspension of certain provisions under the Dairy Promotion Equity Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Fraud Enforcement and
Prevention Act of 2013''.
SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID
FRAUD.
(a) In General.--Section 1128B of the Social Security Act (42
U.S.C. 1320a-7b) is amended--
(1) in subsection (a), by striking ``$10,000 or imprisoned
for not more than one year'' and inserting ``$20,000 or
imprisoned for not more than two years''; and
(2) in each of subsections (a), (b)(1), (b)(2), (c), and
(d), by striking ``$25,000 or imprisoned for not more than five
years'' and inserting ``$50,000 or imprisoned for not more than
10 years''.
(b) Illegal Distribution of Medicare or Medicaid Beneficiary
Identification or Billing Privileges.--Section 1128B of the Social
Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the
following new subsection:
``(h) Whoever knowingly purchases, sells, or unlawfully
distributes, or arranges for the purchase, sale, or unlawful
distribution of two or more Medicare or Medicaid beneficiary
identification numbers or billing privileges under title XVIII or title
XIX shall be imprisoned for not more than 10 years or fined under title
18, United States Code (or, if greater, an amount equal to the monetary
loss to the Federal and any State government as a result of such acts),
or both.''.
(c) Effective Date.--The amendments made by this section shall
apply to acts committed on or after the date of the enactment of this
Act.
SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID
FRAUD.
(a) Civil Monetary Penalties Law Alignment and Other Changes.--
(1) Section 1128A(a) of the Social Security Act (42 U.S.C.
1320a-7a(a)) is amended--
(A) in paragraph (1), by striking ``to an officer,
employee, or agent of the United States, or of any
department or agency thereof, or of any State agency
(as defined in subsection (i)(1)),'';
(B) by inserting after paragraph (10), as added by
section 6402(d)(2) of the Patient Protection and
Affordable Care Act (Public Law 111-148) the following
new paragraphs:
``(11) conspires to commit a violation of this section; or
``(12) knowingly makes, uses, or causes to be made or used,
a false record or statement material to an obligation to pay or
transmit money or property to a Federal health care program, or
knowingly conceals or knowingly and improperly avoids or
decreases an obligation to pay or transmit money or property to
a Federal health care program;'';
(C) in the first sentence--
(i) by striking ``or in cases under
paragraph (9)'' and inserting ``in cases under
paragraph (9)''; and
(ii) by striking ``fact)'' and inserting
``fact), in cases under paragraph (11), $50,000
for any violation described in this section
committed in furtherance of the conspiracy
involved, and in cases under paragraph (12),
$50,000 for each false record or statement, or
concealment, avoidance, or decrease''; and
(D) in the second sentence, by striking ``material
fact).'' and inserting ``material fact); or in cases
under paragraph (11), an assessment of not more than 3
times the total amount that would otherwise apply for
any violation described in this section committed in
furtherance of the conspiracy involved; or in cases
under paragraph (12), an assessment of not more than 3
times the total amount of the obligation to which the
false record or statement was material or that was
avoided or decreased.''.
(2) Section 1128A(c)(1) of the Social Security Act (42
U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and
inserting ``10 years''.
(3) Section 1128A(i) of the Social Security Act (42 U.S.C.
1320a-7a(i)) is amended--
(A) by amending paragraph (2) to read as follows:
``(2) The term `claim' means any application, request, or
demand, whether under contract, or otherwise, for money or
property for items and services under a Federal health care
program (as defined in section 1128B(f)), whether or not the
United States or a State agency has title to the money or
property, that--
``(A) is presented or caused to be presented to an
officer, employee, or agent of the United States, or of
any department or agency thereof, or of any State
agency (as defined in subsection (i)(1)); or
``(B) is made to a contractor, grantee, or other
recipient if the money or property is to be spent or
used on the Federal health care program's behalf or to
advance a Federal health care program interest, and if
the Federal health care program--
``(i) provides or has provided any portion
of the money or property requested or demanded;
or
``(ii) will reimburse such contractor,
grantee, or other recipient for any portion of
the money or property which is requested or
demanded.'';
(B) by amending paragraph (3) to read as follows:
``(3) The term `item or service' means, without limitation,
any medical, social, management, administrative, or other item
or service used in connection with or directly or indirectly
related to a Federal health care program.'';
(C) in paragraph (7)--
(i) by striking ``term `should know'
means'' and inserting ``terms `knowing',
`knowingly', and `should know' mean'';
(ii) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
(iii) by inserting before subparagraph (B),
as redesignated by clause (ii), the following
new subparagraph:
``(A) has actual knowledge of the information;'';
and
(iv) in the matter following subparagraph
(C), as redesignated by clause (ii)--
(I) by inserting ``require'' after
``and''; and
(II) by striking ``is required'';
and
(D) by adding at the end the following new
paragraphs:
``(8) The term `obligation' means an established duty,
whether or not fixed, arising from an express or implied
contractual, grantor-grantee, or licensor licensee
relationship, from a fee-based or similar relationship, from
statute or regulation, or from the retention of any
overpayment.
``(9) The term `material' means having a natural tendency
to influence, or be capable of influencing, the payment or
receipt of money or property.''.
(b) Exclusion of Responsible Corporate Officials.--Section 1128(b)
of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by
striking clauses (i) and (ii) of paragraph (15)(A) and inserting the
following:
``(i) who has or had a direct or indirect
ownership or control interest in a sanctioned
entity at the time of and who knew or should
have known (as defined in section 1128(i)(7))
of any of the conduct that formed a basis for
the conviction or exclusion described in
subparagraph (B); or
``(ii) who is or was an officer or managing
employee (as defined in section 1126(b)) of
such an entity at the time of any of the
conduct that formed a basis for the conviction
or exclusion so described.''.
(c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the
Social Security Act (42 U.S.C. 1395y) is amended by striking ``may''
and inserting ``shall''.
(d) Civil Monetary Penalties for False Statements or Delaying
Inspections.--Paragraph (9) of section 1128A(a) of the Social Security
Act (42 U.S.C. 1320a-7a(a)) is amended by inserting ``or to timely
provide information in response to a request authorized by section
1128J(b),'' after ``regulations),''.
SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC
TECHNOLOGY STUDY.
(a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395cc(j)(2)(B)(ii)) is amended by striking
``may'' and inserting ``shall''.
(b) Access to Real Time Claims and Payment Data.--Section
1128J(a)(2) of the Social Security Act is amended--
(1) by inserting ``including real time claims and payment
data,'' after ``access to claims and payment data''; and
(2) by adding at the end the following sentence: ``In
carrying out this section, the Inspector General of the
Department of Health and Human Services, in consultation with
the Attorney General, shall implement mechanisms for the
sharing of information about suspected fraud relating to the
Federal health care programs under titles XVIII, XIX, and XXI
with other appropriate law enforcement officials.''.
(c) Study on Use of Biometric Technology.--
(1) In general.--The Secretary of Health and Human Services
shall provide for a study that analyzes the feasibility and
benefits in reducing waste, fraud, and abuse of carrying out a
program (in this subsection referred to as a ``biometric
technology program'') that implements biometric technology to
ensure that individuals entitled to benefits under part A of
title XVIII of the Social Security Act or enrolled under part B
of such title are physically present at the time and place of
receipt of certain items and services (specified by the
Secretary) for which payment may be made under such title. Such
a program may provide for financial incentives to encourage
voluntary participation of providers of services (as defined in
section 1861(u) of such Act) and suppliers (as defined in
section 1861(d) of such Act).
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the
Congress a report on the study conducted under paragraph (1).
Such report shall include an analysis of the likely
effectiveness of a biometric technology program on reducing
waste, fraud, and abuse under the Medicare program and may
include recommendations with regard to whether such a program,
on a pilot or other basis, should be implemented. | Medicare Fraud Enforcement and Prevention Act of 2013 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Climate Service Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Weather, climate change, and climate variability affect
public safety, environmental services and security, human
health, agriculture, energy use, water resources, and other
factors vital to national security and human welfare.
(2) Climate forecasts create opportunities for society to
prepare, potentially reducing the costs of climate-related
events, as well as serving national needs related to enhancing
economic growth, managing risk, protecting life and property,
and promoting environmental stewardship.
(3) Information on predicted climate and climate impacts is
not being fully disseminated or used well, despite the
increasing predictability of climate.
(4) The United States lacks adequate research,
infrastructure, and coordinated outreach and communication
mechanisms to meet national climate monitoring, prediction, and
decision support needs for adapting to and mitigating the
impacts of climate change and climate variability.
(5) Increasing societal resilience to climate impacts
requires understanding climate trends and variations as well as
possible, understanding the impacts of climate on human and
nonhuman systems, providing decision-relevant tools based on
that information, and increasing society's capacity to act on
that information.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish a National Climate
Service that will assist the Nation and the world in understanding,
anticipating, and responding to climate, climate change, and climate
variability and their impacts and implications. The Service shall
inform the public through the sustained production and delivery of
authoritative, timely, useful information about impacts on local,
State, regional, tribal, national, and global scales. The Service shall
be user-centric, by ensuring that the information is accessible,
consistent with users' ability to respond, and based on user needs and
limitations. The Service shall provide such usable information through
a sustained network of observations, modeling, and research activities.
SEC. 4. NATIONAL CLIMATE SERVICE.
(a) Establishment.--
(1) In general.--The Secretary of Commerce shall establish
within the Climate Program Office of the National Oceanic and
Atmospheric Administration a National Climate Service (in this
Act referred to as the ``Service'') not later than one year
after the date of enactment of this Act. The Service shall
include a national center and a network of regional and local
facilities for operational climate observation, modeling, and
research.
(2) General purpose.--The Service shall inform the public
through the sustained production and delivery of authoritative,
timely, useful information about impacts on local, State,
regional, tribal, national, and global scales.
(3) Specific services.--The Service, at minimum, shall--
(A) serve as a clearinghouse and technical access
point to stakeholders for regionally and nationally
relevant information on climate, climate impacts, and
adaptation, developing comprehensive databases of
information relevant to specific regional and national
stakeholder needs;
(B) provide education on climate impacts,
vulnerabilities, and application of climate information
in decisionmaking;
(C) design decision-support tools that facilitate
use of climate information in stakeholders' near-term
operations and long-term planning
(D) facilitate user access to climate and climate
impacts experts for technical assistance in use of
climate information and to inform the climate forecast
community of their information needs;
(E) provide researcher, modeler, and observations
experts access to users to help guide direction of
research, modeling, and observation activities; and
(F) propose and evaluate adaptation strategies for
climate variability and change.
(4) Specific functions.--The Service, at minimum, shall--
(A) integrate global, national, and regional
observations to produce information and assessments of
use to stakeholders and researchers;
(B) develop climate models for decision support;
(C) perform basic and applied research on climate
dynamics and impacts relevant to stakeholder interests;
(D) create and maintain an operational delivery
system and facilitate transition of new climate
applications products to Service member agencies;
(E) establish an atmospheric monitoring and
verification program utilizing aircraft, satellite,
ground sensors, ocean and coastal observing systems,
and modeling capabilities to monitor, measure, and
verify greenhouse gas concentrations and emissions
throughout the global oceans and atmosphere;
(F) develop and maintain a dialog among research
teams, Federal agencies, and stakeholders for
developing information relevant for planning and
decisionmaking;
(G) identify climate-related vulnerabilities and
build national capacity to increase resilience;
(H) articulate regional and national climate issues
and concerns in regional and national policy arenas and
facilitate regional-national communications on Service
needs and performance; and
(I) outreach to stakeholder groups.
(b) Action Plan.--Within 1 year after the date of enactment of this
Act, the Secretary of Commerce shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science and Technology of the House of Representatives a plan of
action for the National Climate Service. The plan, at a minimum,
shall--
(1) provide for the interpretation and communication of
climate data, conditions, predictions, projections, and risks
on an ongoing basis to decision and policy makers at the local,
regional, and national levels;
(2) design, deploy, and operate a national climate
observing system that closes gaps in existing coverage;
(3) support infrastructure and ability to archive and
ensure the quality of climate data, and make federally funded
model simulations and other relevant climate information
available from Global Change Research Program activities and
other sources (and related data from paleoclimate studies);
(4) include a program for long-term stewardship, quality
control, development of relevant climate products, and
efficient access to all relevant climate data, products, and
model simulations;
(5) establish a national coordinated modeling strategy,
including a national climate modeling center to provide a
dedicated capability for modeling and forecasting scenarios,
and a regular schedule of projections on long-term and short-
term time horizons over a range of scales, including regional
scales;
(6) improve integrated modeling, assessment, and predictive
capabilities needed to document and forecast climate changes
and impacts, and to guide national, regional, and local
planning and decisionmaking;
(7) provide a system of regular consultation and
coordination with Federal agencies, States, tribes,
nongovernmental organizations, the private sector, and the
academic community to ensure--
(A) that the information requirements of these
groups are well incorporated; and
(B) timely and full sharing, dissemination and use
of climate information and services in risk
preparedness, planning, decisionmaking, and early
warning and natural resources management, both
domestically and internationally;
(8) develop standards, evaluation criteria, and performance
objectives to ensure that the Service meets the evolving
information needs of the public, policy makers, and
decisionmakers in the face of a changing climate;
(9) develop funding estimates to implement the plan; and
(10) support competitive research programs that will
improve elements of the Service described in this Act through
the Climate Program Office within the Service headquarter
function.
(c) Director.--The Administrator shall appoint a Director of the
Service, who shall oversee all processes associated with managing the
organization and executing the functions and actions described in this
Act.
(d) National Climate Service Advisory Council.--The Administrator
shall, in consultation with the Chairmen and ranking minority members
of the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science and Technology of the House of
Representatives, and the National Academy of Sciences, appoint the
membership of a National Climate Service Advisory Council, with members
serving 4-year terms, that shall include a diverse membership from
appropriate Federal, State, and local government, universities, and
nongovernment and private sectors who use climate information and cover
a range of sectors, such as water, drought, fisheries, coasts,
agriculture, health, natural resources, transportation, and insurance.
The Council shall advise the Director of the Service of key priorities
in climate-related issues that require the attention of the Service.
The Council shall be responsible for promoting coordination across
regional, national, and international concerns and the assessment of
evolving information needs.
SEC. 5. CONTRACT AND GRANT AUTHORITY.
Functions vested in any Federal officer or agency by this Act or
under the program established under this Act may be exercised through
the facilities and personnel of the agency involved or, to the extent
provided or approved in advance in appropriation Acts, by other persons
or entities under contracts or grant arrangements entered into by such
officer or agency.
SEC. 6. ANNUAL REPORT.
The Secretary of Commerce shall prepare and submit to the President
and the Congress, not later than March 31 of each year, a report on the
activities conducted pursuant to this Act during the preceding fiscal
year, including--
(1) a summary of the achievements of the National Climate
Service during the previous fiscal year; and
(2) an analysis of the progress made toward achieving the
goals and objectives of the Service.
SEC. 7. DEFINITIONS.
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Advisory council.--The term ``Advisory Council'' refers
to the National Climate Service Advisor Council.
(3) Climate change.--The term ``climate change'' means any
change in climate over time, whether due to natural variability
or as a result of human activity.
(4) Director.--The term ``Director'' means the director of
the National Oceanic and Atmospheric Administration's National
Climate Service.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) Service.--The term ``Service'' means the National
Oceanic and Atmospheric Administration's National Climate
Service.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $300,000,000 for fiscal year 2011.
(2) $350,000,000 for fiscal year 2012.
(3) $400,000,000 for fiscal year 2013.
(4) $450,000,000 for fiscal year 2014.
(5) $500,000,000 for fiscal year 2015. | National Climate Service Act of 2009 - Requires the Secretary of Commerce to establish within the Climate Program Office of the National Oceanic and Atmospheric Administration (NOAA) a National Climate Service that includes a national center and a network of regional and local facilities for operational climate observation, modeling, and research. Requires the Service to: (1) inform the public about climate impacts; (2) serve as a clearinghouse and technical access point to stakeholders for information on climate, climate impacts, and adaptation, and relevant comprehensive databases of information; (3) provide education on climate impacts, vulnerabilities, and application of climate information in decisionmaking; (4) design decision-support tools that facilitate use of climate information in stakeholders' near-term operations and long-term planning; (5) facilitate user access to climate experts for technical assistance in the use of climate information and to inform the climate forecast community of their information needs; (6) provide researcher, modeler, and observations experts access to users to help guide direction of their activities; and (7) propose and evaluate adaptation strategies for climate variability and change.
Sets forth the Service's functions, including establishing an atmospheric monitoring and verification program utilizing aircraft, satellite, ground sensors, ocean and coastal observing systems, and modeling capabilities to monitor, measure, and verify greenhouse gas concentrations and emissions throughout the oceans and atmosphere.
Requires the Secretary to report to specified congressional committees on a plan of action for the Service.
Requires the Administrator of NOAA to appoint a Director of the Service. Requires the Director to appoint members of a National Climate Service Advisory Council to promote coordination across regional, national, and international concerns and assess information needs. | [
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] |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Provide for the
Common Defense Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY
Sec. 101. Elimination of 251A reductions for revised security category
in fiscal years 2014 and 2015.
TITLE II--OFFSETTING PAYMENT CHANGES
Subtitle A--Medicare
Sec. 201. Adjustments to calculation of Medicare part B and part D
premiums for high-income beneficiaries.
Sec. 202. Increase in part B deductible for new enrollees.
Subtitle B--Agriculture
Sec. 211. Cap on overall rate of return for crop insurance providers.
Sec. 212. Cap on reimbursements for administrative and operating
expenses of crop insurance providers.
Sec. 213. Reduction in share of crop insurance premium paid by Federal
Crop Insurance Corporation.
Subtitle C--Federal Retirement
Sec. 221. Retirement contributions.
Sec. 222. Annuity supplement.
Sec. 223. Use of Chained Consumer Price Index.
Subtitle D--Chained CPI
Sec. 231. Change in index used to calculate Social Security cost-of-
living adjustments.
TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY
SEC. 101. ELIMINATION OF 251A REDUCTIONS FOR REVISED SECURITY CATEGORY
IN FISCAL YEARS 2014 AND 2015.
(a) Elimination of the Adjustment Under Section 251A for Fiscal
Years 2014 and 2015.--Section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a) is amended--
(1) in paragraphs (7)(B) and (8), by striking ``On the
date'' in each instance and inserting ``Subject to paragraph
(12), on the date''; and
(2) by adding at the end the following new paragraph:
``(12) No reductions for revised security category in
fiscal years 2014 and 2015.--Paragraphs (7)(B) and (8) shall
have no force or effect for fiscal years 2014 and 2015 with
respect to the revised security category.''.
(b) Discretionary Spending Limits for the Revised Security Category
in Fiscal Years 2014 and 2015.--For purposes of section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (as modified
by section 251A(2) of such Act), for fiscal years 2014 and 2015, the
discretionary spending limit for the revised security category in each
such fiscal year shall be $552,000,000,000 and $566,000,000,000,
respectively.
TITLE II--OFFSETTING PAYMENT CHANGES
Subtitle A--Medicare
SEC. 201. ADJUSTMENTS TO CALCULATION OF MEDICARE PART B AND PART D
PREMIUMS FOR HIGH-INCOME BENEFICIARIES.
(a) Increase in Applicable Percentage Used To Calculate Premiums.--
Section 1839(i)(3)(C)(i) of the Social Security Act (42 U.S.C.
1395r(i)(3)(C)(i)) is amended--
(1) by inserting after ``In general.--'' the following:
``(I) Years before 2017.--For
calendar years prior to 2017:''; and
(2) by adding at the end the following new subclause:
``(II) 2017 and subsequent years.--For
calendar year 2017 and each subsequent calendar
year:
``If the modified adjusted The applicable
gross income is: percentage is:
More than $85,000 but not more than $107,000........... 40
More than $107,000 but not more than $160,000.......... 55
More than $160,000 but not more than $214,000.......... 70
More than $214,000..................................... 90.''.
(b) Temporary Adjustment to Income Thresholds Used To Calculate
Premiums.--
(1) In general.--Section 1839(i)(6) of the Social Security
Act (42 U.S.C. 1395r(i)(6)) is amended in the matter preceding
subparagraph (A) by striking ``December 31, 2019'' and
inserting ``December 31 of the year after 2019 that is the
first year after the year in which at least 25 percent of
individuals enrolled under this part are subject to a reduction
under this subsection to the monthly amount of the premium
subsidy applicable to the premium under this section.''.
(2) Application of inflation adjustment.--Section
1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5))
is amended--
(A) in subparagraph (A), by striking ``In the
case'' and inserting ``Subject to subparagraph (C), in
the case''; and
(B) by adding at the end the following new
subparagraph:
``(C) Treatment of years after temporary adjustment
period.--In applying subparagraph (A) for the first
year beginning after the period described in paragraph
(6) and for each subsequent year, the 12-month period
ending with August 2006 described in clause (ii) of
such subparagraph shall be deemed to be the 12-month
period ending with August of the last year of such
period described in paragraph (6).''.
SEC. 202. INCREASE IN PART B DEDUCTIBLE FOR NEW ENROLLEES.
Section 1833 of the Social Security Act (42 U.S.C. 1395l) is
amended--
(1) in the first sentence of subsection (b), by inserting
``(subject to subsection (z))'' after ``for a subsequent
year''; and
(2) by adding at the end the following:
``(z) Higher Deductible for New Enrollees.--In the case of an
individual who is not enrolled under this part before January 1, 2017,
the amount of the deductible under subsection (b)--
``(1) for 2017 shall be the amount otherwise determined
under such subsection for 2017 increased by $25;
``(2) for 2018 shall be the amount otherwise determined
under such subsection for 2018, taking into account the
application of the previous paragraph;
``(3) for 2019 shall be the amount otherwise determined
under such subsection for 2019, taking into the application of
the previous paragraphs, , increased by $25;
``(4) for 2020 shall be the amount otherwise determined
under such subsection for 2020, taking into account the
application of the previous paragraphs, increased by $25;
``(5) for 2021 shall be the amount otherwise determined
under such subsection for 2021, taking into account the
application of the previous paragraphs, increased by $25; and
``(6) for any subsequent year shall be the amount otherwise
determined under such subsection for such year, taking into
account the application of the previous paragraphs and this
paragraph for previous years.''.
Subtitle B--Agriculture
SEC. 211. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS.
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k))
is amended--
(1) by designating paragraph (3) as subparagraph (A) (and
adjusting the margin two ems to the right);
(2) by inserting before subparagraph (A) (as so designated)
the following:
``(3) Risk.--''; and
(3) by adding at the end the following new subparagraph:
``(B) Cap on overall rate of return.--The target
rate of return for all the companies combined for the
2014 and subsequent reinsurance years shall be 12.8
percent of retained premium.''.
SEC. 212. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING
EXPENSES OF CROP INSURANCE PROVIDERS.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following new
subparagraph:
``(G) Additional cap on reimbursements.--
Notwithstanding subparagraphs (A) through (F), total
reimbursements for administrative and operating costs
for the 2014 insurance year for all types of policies
and plans of insurance shall not exceed $935,000,000.
For each subsequent insurance year, the dollar amount
in effect pursuant to the preceding sentence shall be
increased by the same inflation factor as established
for the administrative and operating costs cap in the
2011 Standard Reinsurance Agreement.''.
SEC. 213. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL
CROP INSURANCE CORPORATION.
(a) Catastrophic Risk Protection.--Section 508(d)(2)(A) of the
Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)(A)) is amended by
striking ``sufficient to cover anticipated losses and a reasonable
reserve'' and inserting ``for all crops for which catastrophic risk
protection coverage is available shall be reduced by the percentage
equal to the difference between the average loss ratio for such crop
and 100 percent, plus a reasonable reserve''.
(b) Additional Coverage.--Section 508(e)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``67'' and
inserting ``64'';
(2) in subparagraph (C)(i), by striking ``64'' and
inserting ``61'';
(3) in subparagraph (D)(i), by striking ``59'' and
inserting ``56''; and
(4) in subparagraph (E)(i), by striking ``55'' and
inserting ``52''.
(c) Enterprise and Whole Farm Units.--Section 508(e)(5)(C) of the
Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)(C)) is amended by
striking ``80'' and inserting ``77''.
(d) Area Revenue Plans.--Section 508(e)(6) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(6)) is amended--
(1) in subparagraph (A)(i), by striking ``59'' and
inserting ``56''; and
(2) in subparagraph (B)(i), by striking ``55'' and
inserting ``52''.
(e) Area Yield Plans.--Section 508(e)(7) of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended--
(1) in subparagraph (A)(i), by striking ``59'' and
inserting ``56'';
(2) in subparagraph (B)(i), by striking ``55'' and
inserting ``52''; and
(3) in subparagraph (C)(i), by striking ``51'' and
inserting ``48''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to the first contract change date for a contract
under the Federal Crop Insurance Act occurring after the date of the
enactment of this Act.
Subtitle C--Federal Retirement
SEC. 221. RETIREMENT CONTRIBUTIONS.
(a) Civil Service Retirement System.--
(1) Individual contributions.--Section 8334(c) of title 5,
United States Code, is amended--
(A) by striking ``(c) Each'' and inserting ``(c)(1)
Each''; and
(B) by adding at the end the following:
``(2) Notwithstanding any other provision of this subsection, the
applicable percentage of basic pay under this subsection for civilian
service by an employee or Member shall, for purposes of computing an
amount--
``(A) for a period in calendar year 2014, be equal to the
applicable percentage under this subsection for calendar year
2013 plus an additional 0.4 percentage point;
``(B) for a period in calendar year 2015, be equal to the
applicable percentage under this subsection for calendar year
2014 (as determined under subparagraph (A)) plus an additional
0.4 percentage point;
``(C) for a period in calendar year 2016, be equal to the
applicable percentage under this subsection for calendar year
2015 (as determined under subparagraph (B)) plus an additional
0.4 percentage point; and
``(D) for a period in any calendar year after 2016, be
equal to the applicable percentage under this subsection for
calendar year 2015 (as determined under subparagraph (C)).
``(3)(A) Notwithstanding subsection (a)(2), any excess
contributions under subsection (a)(1)(A) (including the portion of any
deposit under this subsection allocable to excess contributions) shall,
if made by an employee of the United States Postal Service or the
Postal Regulatory Commission, be deposited to the credit of the Postal
Service Fund under section 2003 of title 39, rather than the Civil
Service Retirement and Disability Fund.
``(B) For purposes of this paragraph, the term `excess
contributions', as used with respect to contributions made under
subsection (a)(1)(A) by an employee of the United States Postal Service
or the Postal Regulatory Commission, means the amount by which--
``(i) deductions from basic pay of such employee which are
made under subsection (a)(1)(A), exceed
``(ii) deductions from basic pay of such employee which
would have been so made if paragraph (2) had not been
enacted.''.
(2) Government contributions.--Section 8334(a)(1)(B) of
title 5, United States Code, is amended--
(A) in clause (i), by striking ``Except as provided
in clause (ii),'' and inserting ``Except as provided in
clause (ii) or (iii),''; and
(B) by adding at the end the following:
``(iii) The amount to be contributed under clause (i) shall, with
respect to a period in any year beginning after December 31, 2013, be
equal to--
``(I) the amount which would otherwise apply under clause
(i) with respect to such period, reduced by
``(II) the amount by which, with respect to such period,
the withholding under subparagraph (A) exceeds the amount which
would otherwise have been withheld from the basic pay of the
employee or elected official involved under subparagraph (A)
based on the percentage applicable under subsection (c) for
calendar year 2013.''.
(b) Individual Contributions Under the Federal Employees'
Retirement System.--Section 8422(a)(3) of title 5, United States Code,
is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Notwithstanding any other provision of this paragraph, the
applicable percentage under this paragraph for civilian service by
employees or Members other than revised annuity employees shall--
``(i) for a period in calendar year 2014, be equal to the
applicable percentage under this paragraph for calendar year
2013 plus an additional 0.4 percentage point;
``(ii) for a period in calendar year 2015, be equal to the
applicable percentage under this paragraph for calendar year
2014 (as determined under clause (i)) plus an additional 0.4
percentage point;
``(iii) for a period in calendar year 2016, be equal to the
applicable percentage under this paragraph for calendar year
2015 (as determined under clause (ii)) plus an additional 0.4
percentage point; and
``(iv) for a period in any calendar year after 2016, be
equal to the applicable percentage under this paragraph for
calendar year 2016 (as determined under clause (iii)).''.
SEC. 222. ANNUITY SUPPLEMENT.
Section 8421(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)'';
(2) in paragraph (2), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)''; and
(3) by adding at the end the following:
``(4) No annuity supplement under this section shall be payable in
the case of an individual who first becomes subject to this chapter
after December 31, 2013.''.
SEC. 223. USE OF CHAINED CONSUMER PRICE INDEX.
(a) In General.--Paragraph (15) of section 8331 of title 5, United
States Code, is amended to read as follows:
``(15) the term `price index' means the Chained Consumer
Price Index (all items-all urban consumers) published monthly
by the Bureau of Labor Statistics;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2015, and shall apply with respect to any
cost-of-living adjustment taking effect under section 8340 or 8462 of
title 5, United States Code, on or after that date.
Subtitle D--Chained CPI
SEC. 231. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF-
LIVING ADJUSTMENTS.
(a) In General.--Section 215(i)(1) of the Social Security Act (42
U.S.C. 415(i)(1)) is amended--
(1) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following new subparagraph:
``(H) the term `Consumer Price Index' means the Chained
Consumer Price Index for All Urban Consumers (C-CPI-U, as
published in its initial version by the Bureau of Labor
Statistics of the Department of Labor).''.
(b) Application to Pre-1979 Law.--
(1) In general.--Section 215(i)(1) of the Social Security
Act as in effect in December 1978, and as applied in certain
cases under the provisions of such Act as in effect after
December 1978, is amended--
(A) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(B) by adding at the end the following new
subparagraph:
``(D) the term `Consumer Price Index' means the Chained
Consumer Price Index for All Urban Consumers (C-CPI-U, as
published in its initial version by the Bureau of Labor
Statistics of the Department of Labor).''.
(2) Conforming change.--Section 215(i)(4) of the Social
Security Act (42 U.S.C. 415(i)(4)) is amended by inserting
``and by section 231 of the Provide for the Common Defense Act
of 2013'' after ``1986''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to adjustments effective with or after December
2014. | Provide for the Common Defense Act of 2013 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to nullify the presidential sequestration order issued for the revised security category (discretionary appropriations in budget function 050) for FY2014-FY2015 to enforce a specified budget goal. Establishes the discretionary spending limit for the revised security category for each such fiscal year. Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) with respect to adjustments to the calculation of Medicare parts B and D (Voluntary Prescription Drug Benefit Program) premiums for high income beneficiaries for 2017 and subsequent years. Reduces the monthly amount of the Medicare parts B and D premium subsidies (with a corresponding increase in the monthly premium amount) for individuals whose modified adjusted gross income exceeds the threshold amount by specified applicable percentages for modified adjusted gross incomes in certain ranges starting at $85,000 (40%) and finally exceeding $214,000 (90%). Revises the temporary adjustment to income thresholds used to calculate premiums between January 1, 2011, and December 31, 2019, to extend it through December 31 of the first year after 2019 after the year in which at least 25% of individuals enrolled in the Medicare parts B and D are subject to a reduction to the monthly amount of the applicable premium subsidy. Increases by $25 per year the part B deductible for new enrollees after January 1, 2017, and subsequent years. Amends the Federal Crop Insurance Act to establish caps beginning with FY2014 for: (1) combined crop insurance provider rates of return, and (2) reimbursements for crop insurance provider administrative and operating expenses. Reduces according to a specified formula the crop insurance premium for catastrophic risk protection coverage. Reduces the portion of premium paid by the Federal Crop Insurance Corporation (premium subsidies) for the following coverages: (1) additional insurance, (2) enterprise and whole farm units, (3) area revenue plans, and (4) area yield plans. Requires an additional .4% increase per year, beginning in calendar 2014, in the percentage of basic pay that federal employees or Members of Congress must contribute to their pension plans under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Reduces government contributions to CSRS and FERS by the amount of such increased employee contributions. Eliminates annuity supplements for federal employees hired after 2013. Revises the definition of “price index,” for purposes of cost-of-living adjustments to federal employee benefits, to mean the Chained Consumer Price Index for All Urban Consumers (Chained CPI) instead of the Consumer Price Index. Amends SSA title II (Old Age, Surivors, and Disability Insurance) (OASDI) to require the use of the Chained CPI for calculation of Social Security cost-of-living adjustments. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployment Compensation,
Reemployment, and Fairness Act of 1993''.
SEC. 2. INDIVIDUALS IN SELF-EMPLOYMENT PROGRAMS.
(a) In General.--Section 3304(a)(8) of the Internal Revenue Code of
1986 (relating to requirements) is amended by striking ``compensation''
and inserting ``(A) compensation'', by striking the semicolon and
inserting ``; and'', and by adding at the end thereof the following new
subparagraph:
``(B) if the State elects to participate,
compensation shall not be denied or reduced to any
individual for any week because such individual is
participating in a qualified self-employment program
(as defined in section 3306(t)) with the approval of
the State agency (or because of the application, to any
such week in such program, of State law provisions
relating to availability for work, active search for
work, or refusal to accept work);''.
(b) Definition.--Section 3306 of such Code (relating to
definitions) is amended by adding at the end thereof the following new
subsection:
``(t) Qualified Self-Employment Program.--For purposes of this
chapter, the term `qualified self-employment program' means a program
which--
``(1) meets the requirements established by the Secretary
of Labor, including requirements for State agencies to
determine what constitutes a good prospect for successful,
permanent self-employment,
``(2) is approved by the State agency, and
``(3) provides training for individuals attempting to
become self-employed.''.
(c) Effective Date.--The amendments made by this section shall
apply to compensation paid for weeks beginning on or after January 1,
1993.
SEC. 3. EARLY REEMPLOYMENT REVIEW OF UNEMPLOYED WORKERS.
(a) In General.--Section 303 of the Social Security Act (42 U.S.C.
503) is amended by adding at the end thereof the following new
subsection:
``(j)(1) The State agency charged with the administration of the
State law--
``(A) shall, not later than the last day of the 5th week
for which compensation is payable in an unemployed individual's
benefit year, provide an early review of the individual's
reemployment prospects, to the extent the State agency
determines effective,
``(B) shall, to the extent the State agency determines
effective, provide reemployment review information to other
State employment and training program staff, including staff of
State job services and service delivery areas (as described in
section 101 of the Job Training Partnership Act),
``(C) shall, to the extent the State agency determines
effective, provide job search and placement services,
counseling, testing, occupational and labor market information,
assessment, and referral to employers,
``(D) shall provide technical and training program staff to
assist with reemployment services,
``(E) shall provide followup evaluation and assistance to
individuals participating in reemployment activities, and
``(F) may provide reemployment reviews and, to the extent
the State agency determines effective, reemployment services
for workers who have received notice of permanent layoff or
impending layoff, or workers in occupations which are
experiencing limited demand due to technological change, impact
of imports, or plant closures.
``(2) The Secretary of Labor shall prescribe such regulations as
are necessary to carry out the provisions of this subsection, including
regulations--
``(A) to carry out the provisions of subparagraphs (A) and
(B) of paragraph (1),
``(B) to determine whether an individual should be
considered temporarily or permanently laid off, and
``(C) to assist States in examining the use of computer
technology to achieve the purposes of this subsection.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.
SEC. 4. HEARINGS FOR EMPLOYERS.
(a) In General.--Section 303(a)(3) of the Social Security Act (42
U.S.C. 503(a)(3)) is amended by inserting ``and for all taxpayers with
respect to liability to make contributions, and to pay amounts, under
the unemployment compensation law of the State'' before the semicolon.
(b) Regulations.--The Secretary of Labor may prescribe such
regulations as the Secretary deems necessary to carry out the amendment
made by subsection (a) to section 303(a)(3) of the Social Security Act.
(c) Effective Date.--The amendment made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act. | Unemployment Compensation, Reemployment, and Fairness Act of 1993 - Amends the Internal Revenue Code to allow States to pay unemployment benefits to eligible individuals while they participate in qualified self-employment training programs.
Amends the Social Security Act to require the State agency administering unemployment compensation to provide: (1) early reemployment review of unemployed workers; (2) technical and training program staff to assist with reemployment services; and (3) followup reevaluation and assistance to individuals participating in reemployment activities. Requires such agency to provide: (1) reemployment review information to other State employment and training program staff; and (2) job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers. Allows such agency to provide reemployment reviews and services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations experiencing limited demand due to technological change, impact of imports, or plant closures.
Amends the Social Security Act to require States to grant administrative hearings for employers with respect to their liability for paying unemployment taxes.
Outlines the Secretary of Labor's administrative responsibilities under this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet of Things Consumer Tips to
Improve Personal Security Act of 2017''or the ``IOT Consumer TIPS Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The term ``Internet of Things'' refers to devices,
applications, and physical objects that are Internet-enabled,
networked, or connected.
(2) The devices that are part of the Internet of Things are
equipped with sensors or developed with automated
functionalities that allow them to collect, send, or receive
data, and perform according to consumer preferences that
enhance productivity, efficiency, and convenience.
(3) The rapid adoption of the Internet of Things among
consumers and businesses is driven by the wide range of
economic and societal benefits that are generated by such
devices across almost every industry and sector.
(4) Consumer trust in the security of the Internet of
Things is paramount to the leadership and competitiveness of
the United States in the global digital economy.
(5) It is the policy of the United States to encourage
innovation in the development and use of the Internet of Things
and empower consumers to be responsible digital citizens and
manage the security of their devices in collaboration with
manufacturers, sellers, and service providers.
SEC. 3. FEDERAL EDUCATIONAL CYBERSECURITY RESOURCES FOR CONSUMERS
REGARDING DEVICES THAT ARE PART OF THE INTERNET OF
THINGS.
(a) Definitions.--In this section--
(1) Covered device.--The term ``covered device''--
(A) includes devices, applications, and physical
objects that are--
(i) part of the Internet of Things; and
(ii) marketed and sold primarily to
consumers; and
(B) does not include--
(i) devices that are marketed and sold for
use primarily in industrial, business, or
enterprise settings; or
(ii) smartphones, tablets, personal
computers, or devices leased to consumers by
multichannel video programming distributors.
(2) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given to the term in section 102 of
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given to the term in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).
(b) Development of Educational Cybersecurity Resources.--Not later
than 1 year after the date of enactment of this Act, the Federal Trade
Commission shall, in coordination with the National Institute of
Standards and Technology and relevant private sector stakeholders and
experts, develop voluntary educational cybersecurity resources for
consumers relating to the practices of consumers with respect to the
protection and use of covered devices, including citing evidence of
consumer attitudes and expectations.
(c) Elements.--The voluntary resources developed under subsection
(b) shall be technology-neutral and include guidance, best practices,
and advice for consumers to protect against, mitigate, and recover from
cybersecurity threats or security vulnerabilities, where technically
feasible, including--
(1) the scope of possible security support from a vendor
post-purchase;
(2) how to initiate or set up a covered device for use;
(3) the use of passwords, available security tools and
settings, appropriate physical controls, and avoidance of steps
that can defeat security;
(4) updates to the software of a covered device during
operation or use if applicable;
(5) the recovery of compromised devices;
(6) end-of-life considerations such as resetting, deleting,
or modifying data collected or retained by a covered device
when it is no longer in use or expected to be used by the
consumer;
(7) security services, tools, or platforms for connected
devices that may help consumers manage connected devices; and
(8) varying security considerations depending on factors,
including the type of device and setting of use.
(d) Availability and Publication.--The Federal Trade Commission
shall ensure that the resources developed under subsection (b) are
available to and readily accessible by the public on the Internet
website of the Federal Trade Commission.
(e) Periodic Updates.--The Federal Trade Commission shall review,
and, as necessary update the resources developed under subsection (b),
in collaboration with industry stakeholders, to address changes in
cybersecurity threats or security vulnerabilities and other technology
developments or challenges.
(f) Voluntary Use.--The resources developed under subsection (b)
shall be for voluntary use by consumers.
(g) Treatment.--No guidelines, best practices, or advice issued by
the Federal Trade Commission with respect to the resources developed
under subsection (b) shall confer any right on any person, State, or
locality, nor shall operate to bind the Federal Trade Commission or any
person to the approach recommended in such guidance, best practice, or
advice. The Federal Trade Commission may not base an enforcement action
on, or execute a consent order based on, any failure to promote or use
such guidance, or any practice used for covered device functionality
that is alleged to be inconsistent with any guidance, best practice, or
advice included in the resources developed under subsection (b), unless
the practice allegedly violates another provision of law. Nothing in
this Act is intended to limit the ability of the Federal Trade
Commission to enforce section 5 of the Federal Trade Commission Act (15
U.S.C. 45). | Internet of Things Consumer Tips to Improve Personal Security Act of 2017 or the IOT Consumer TIPS Act of 2017 This bill requires the Federal Trade Commission (FTC) in coordination with the National Institute of Standards and Technology and relevant private sector stakeholders and experts to develop voluntary educational cybersecurity resources for consumers relating to the protection and use of the Internet of Things (devices, applications, and physical objects that are Internet-enabled, networked, or connected). The resources must be technology-neutral and include guidance, best practices, and advice for consumers to protect against, mitigate, and recover from cybersecurity threats or security vulnerabilities. The resources do not bind the FTC to any particular guidance, best practice, or advice. The FTC may not base an enforcement action on any failure to promote or use such guidance, best practice, or advice unless such practice violates another provision of law. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Specialty Crop Export
Opportunities Act of 2007''.
SEC. 2. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL
CONTROL ORGANISMS, AND NOXIOUS WEEDS.
(a) In General.--Subtitle A of title IV of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 7701 et seq.) is amended by adding at
the end the following new section:
``SEC. 420. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL
CONTROL ORGANISMS, AND NOXIOUS WEEDS.
``(a) In General.--The Secretary may regulate plants, plant
products, biological control organisms, and noxious weeds for export
purposes.
``(b) Duties.--The Secretary shall--
``(1) coordinate fruit and vegetable market analyses with
the private sector and the Administrator of the Foreign
Agricultural Service; and
``(2) make publicly available on an Internet website--
``(A) the status of all export petitions;
``(B) to the greatest extent possible, an
explanation of the sanitary or phytosanitary issues
associated with each pending export petition; and
``(C) to the greatest extent possible, information
on the import requirements of foreign countries for
fruits and vegetables.
``(c) Regulations.--The Secretary may issue regulations to
implement this section.''.
(b) Table of Contents.--The table of contents in section 1(b) of
such Act (7 U.S.C. 1501 note) is amended by inserting after the item
relating to section 419 the following new item:
``Sec. 420. Regulation of exports of plants, plant products, biological
control organisms, and noxious weeds.''.
SEC. 3. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION
FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE.
(a) Repeal of Transfer of Functions.--Section 421 of the Homeland
Security Act of 2002 (6 U.S.C. 231) is repealed.
(b) Conforming Amendment to Function of Secretary of Homeland
Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C.
202) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) Transfer Agreement.--
(1) In general.--Not later than the effective date
described in subsection (g), the Secretary of Agriculture and
the Secretary of Homeland Security shall enter into an
agreement to effectuate the return of functions required by the
amendments made by this section.
(2) Use of certain employees.--The agreement may include
authority for the Secretary of Agriculture to use employees of
the Department of Homeland Security to carry out authorities
delegated to the Animal and Plant Health Inspection Service
regarding the protection of domestic livestock and plants.
(d) Restoration of Department of Agriculture Employees.--Not later
than the effective date described in subsection (e), all full-time
equivalent positions of the Department of Agriculture transferred to
the Department of Homeland Security under section 421(g) of the
Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the
day before the effective date described in subsection (g)) shall be
restored to the Department of Agriculture.
(e) Authority of APHIS.--
(1) Establishment of program.--The Secretary of Agriculture
shall establish within the Animal and Plant Health Inspection
Service a program, to be known as the ``International
Agricultural Inspection Program'', under which the
Administrator of the Animal and Plant Health Inspection Service
(referred to in this subsection as the ``Administrator'') shall
carry out import and entry agricultural inspections.
(2) Information gathering and inspections.--In carrying out
the program under paragraph (1), the Administrator shall have
full access to--
(A) each secure area of any terminal for screening
passengers or cargo under the control of the Department
of Homeland Security on the day before the date of
enactment of this Act for purposes of carrying out
inspections and gathering information; and
(B) each database (including any database relating
to cargo manifests or employee and business records)
under the control of the Department of Homeland
Security on the day before the date of enactment of
this Act for purposes of gathering information.
(3) Inspection alerts.--The Administrator may issue
inspection alerts, including by indicating cargo to be held for
immediate inspection.
(4) Inspection user fees.--The Administrator may, as
applicable--
(A) continue to collect any agricultural quarantine
inspection user fee; and
(B) administer any reserve account for the fees.
(5) Career track program.--
(A) In general.--The Administrator shall establish
a program, to be known as the ``import and entry
agriculture inspector career track program'', to
support the development of long-term career
professionals with expertise in import and entry
agriculture inspection.
(B) Strategic plan and training.--In carrying out
the program under this paragraph, the Administrator, in
coordination with the Secretary of Agriculture, shall--
(i) develop a strategic plan to incorporate
import and entry agricultural inspectors into
the infrastructure protecting food, fiber,
forests, bioenergy, and the environment of the
United States from animal and plant pests,
diseases, and noxious weeds; and
(ii) as part of the plan under clause (i),
provide training for import and entry
agricultural inspectors participating in the
program not less frequently than once each year
to improve inspection skills.
(f) Duties of Secretary.--
(1) In general.--The Secretary of Agriculture (referred to
in this subsection as the ``Secretary'') shall--
(A) develop standard operating procedures for
inspection, monitoring, and auditing relating to import
and entry agricultural inspections, in accordance with
recommendations from the Comptroller General of the
United States and reports of interagency advisory
groups, as applicable; and
(B) ensure that the Animal and Plant Health
Inspection Service has a national electronic system
with real-time tracking capability for monitoring,
tracking, and reporting inspection activities of the
Service.
(2) Federal and state cooperation.--
(A) Communication system.--The Secretary shall
develop and maintain an integrated, real-time
communication system with respect to import and entry
agricultural inspections to alert State departments of
agriculture of significant inspection findings of the
Animal and Plant Health Inspection Service.
(B) Advisory committee.--
(i) Establishment.--The Secretary shall
establish a committee, to be known as the
``International Trade Inspection Advisory
Committee'' (referred to in this subparagraph
as the ``committee''), to advise the Secretary
on policies and other issues relating to import
and entry agricultural inspection.
(ii) Model.--In establishing the committee,
the Secretary shall use as a model the
Agricultural Trade Advisory Committee.
(iii) Membership.--The committee shall be
composed of members representing--
(I) State departments of
agriculture;
(II) directors of ports and
airports in the United States;
(III) the transportation industry;
(IV) the public; and
(V) such other entities as the
Secretary determines to be appropriate.
(3) Report.--Not less frequently than once each year, the
Secretary shall submit to Congress a report containing an
assessment of--
(A) the resource needs for import and entry
agricultural inspection, including the number of
inspectors required;
(B) the adequacy of--
(i) inspection and monitoring procedures
and facilities in the United States; and
(ii) the strategic plan developed under
subsection (e)(5)(B)(i); and
(C) new and potential technologies and practices,
including recommendations regarding the technologies
and practices, to improve import and entry agricultural
inspection.
(4) Funding.--The Secretary shall pay the costs of each
import and entry agricultural inspector employed by the Animal
and Plant Health Inspection Service--
(A) from amounts made available to the Department
of Agriculture for the applicable fiscal year; or
(B) if amounts described in subparagraph (A) are
unavailable, from amounts of the Commodity Credit
Corporation.
(g) Effective Date.--The amendments made by this section take
effect on the date that is 180 days after the date of enactment of this
Act.
SEC. 4. REPORTS OF TRADE ADVISORY COMMITTEES.
Whenever the Agricultural Policy Committee on Trade or the
Agricultural Technical Advisory Committee on Trade in Fruits and
Vegetables, established under section 135 of the Trade Act of 1974,
provides any recommendations to the United States Trade Representative,
that committee shall at the same time provide those recommendations to
the Committee on Agriculture and the Committee on Ways and Means of the
House of Representatives and to the Committee on Agriculture and the
Committee on Finance of the Senate.
SEC. 5. REPORT ON FOREIGN AGRICULTURAL SERVICE STAFFING LEVELS FOR
MONITORING OTHER COUNTRIES' COMPLIANCE WITH TRADE
AGREEMENTS.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Agriculture shall submit to Congress a report--
(1) evaluating the ability of the Foreign Agricultural
Service to adequately monitor other countries' compliance with
the terms of the Uruguay Round Agreements and the terms of
other agreements (including NAFTA and other bilateral
agreements) to ensure that the United States realizes the full
benefits of these agreements as they relate to agricultural
commodities; and
(2) containing the recommending of the Secretary regarding
whether current vacancies in the monitoring office of the
Foreign Agricultural Service should be filled.
SEC. 6. FEASIBILITY REPORT REGARDING EXPORT INDEMNIFICATION FOR
UNSUBSIDIZED COMMODITIES.
Not later than January 1, 2008, the Secretary of Agriculture shall
submit to Congress a report evaluating the feasibility and cost of
establishing an indemnity program for exporters of articles classified
under chapters 7 and 8 of the Harmonized Tariff Schedule of the United
States that will provide compensation to those exporters when they
comply fully with United States export and foreign country import
requirements for the articles, but the articles are wrongfully denied
entry into the foreign country.
SEC. 7. TREATMENT OF UNSUBSIDIZED COMMODITIES UNDER AGREEMENT ON
AGRICULTURE.
The United States Trade Representative shall propose in the Doha
Round of negotiations conducted under the auspices of the World Trade
Organization that all articles classified under chapters 7 and 8 of the
Harmonized Tariff Schedule of the United States be excluded from
coverage under article 13 of the Agreement on Agriculture referred to
in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).
SEC. 8. SPECIAL EXPORT CREDIT GUARANTEE PROGRAM.
The Secretary of Agriculture shall establish and maintain a program
of export credits that is, as nearly as may be, identical to the
program administered under sections 1493.400 through 1493.530 of title
7, Code of Federal Regulations, except that--
(1) either an exporter to, or an importer in, a foreign
place shall be eligible for a credit guarantee;
(2) the guarantee shall be for a period of 45 days
beginning on the date of issuance of the guarantee; and
(3) the cost of the guarantee shall not exceed 45 cents for
each $100 of coverage purchased.
SEC. 9. AUTHORIZATION LEVELS FOR EMERGING MARKET CREDIT PROGRAM.
Section 1542 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5622 note) is amended--
(1) in subsections (a) and (d)(1)(A)(i) by striking
``2007'' and inserting ``2013''; and
(2) in subsections (a) and (d) (1)(H) by striking
$10,000,000'' and inserting ``$20,000,000''.
SEC. 10. DEFINITIONS.
In this Act:
(1) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement.
(2) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' means the agreements referred to in section 101(d)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)). | United States Specialty Crop Export Opportunities Act of 2007 - Amends the Agricultural Risk Protection Act of 2000 to authorize the Secretary of Agriculture to regulate plants, plant products, biological control organisms, and noxious weeds for export purposes.
Directs the Secretary to: (1) coordinate fruit and vegetable market analyses with the private sector and the Administrator of the Foreign Agricultural Service; and (2) make publicly available on an Internet website the status of all export petitions and an explanation of the sanitary or phytosanitary issues associated with each pending export petition, and information on the import requirements of foreign countries for fruits and vegetables.
Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS).
Directs the Secretary to establish: (1) within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections; (2) a federal-state agricultural inspection communications system; (3) the International Trade Inspection Advisory Committee; and (4) a special export credit guarantee program.
Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend: (1) the promotion of agricultural exports to emerging markets program; and (2) the E. (Kika) de la Garza Agricultural Fellowship program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Assurance for Retired
Employees Act of 1996''.
SEC. 2. ADVANCE NOTICE OF MATERIAL REDUCTIONS IN COVERED SERVICES UNDER
GROUP HEALTH PLANS.
(a) Advance Notice.--
(1) In general.--Section 104(b)(1) of the Employee
Retirement Income Security Act of 1974 (as amended by section
101(c)(1)(B) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191)) is amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by striking ``(1) The administrator'' and
inserting ``(1)(A) The administrator'';
(C) by striking ``The administrator'' the second
place it appears and inserting the following:
``(B) The administrator'';
(D) by striking ``If there is a modification'' and
inserting the following:
``(C) If there is a modification''; and
(E) by adding at the end the following new
subparagraph:
``(D) Notwithstanding subparagraph (C), a modification or change
described in section 102(a)(1) in covered services or benefits provided
in the case of a group health plan (as defined in section 706(a)(1)))
relating to retiree health benefits, a summary description of such
modification or change shall be furnished to participants and
beneficiaries not later than 180 days before the effective date of the
modification or change. In any case in which an individual first
becomes a participant under a group health plan during any such 180-day
period with respect to such a modification or change or (in the case of
any other beneficiary under the plan) first receives benefits under the
plan during such 180-day period, the requirements of the preceding
sentence may be met by providing the summary description of such
modification or change not later than the date on which such individual
first becomes a participant or such other beneficiary first receives
benefits under the plan.''.
(2) Determination by Secretary.--Section 104 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1024) is further amended by redesignating subsection (d) as
subsection (e) and by inserting after subsection (c) the
following new subsection:
``(d) A change or modification in covered services or benefits
provided in the case of a group health plan relating to retiree health
benefits that is subject to the requirements of subsection (b)(1)(D)
may not take effect until after the Secretary determines that such
change or modification does not violate the plan, including collective
bargaining agreements.''.
(3) Advance notice to secretary.--Section 104(a)(1)(D) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1024(a)(1)(D)) is amended by inserting before the period the
following: ``, or in the case of any such modifications and
changes in covered services or benefits provided in the case of
a group health plan relating to retiree health benefits, not
later than 180 days before the effective date of such
modification or change.''.
(4) Civil penalty.--Section 502(c)(1) of such Act (29
U.S.C. 1132(c)(1)) is amended by striking ``or section
101(e)(1)'' and inserting ``, section 101(e)(1), or section
104(b)(1)(D)''.
(b) Enforcement.--
(1) Requirements.--Section 4980B of the Internal Revenue
Code of 1986 is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Notice of change or modification in health benefits.--
``(1) In general.--A group health plan meets the
requirements of this subsection if--
``(A) the plan sponsor complies with section
104(b)(1)(D) of the Employee Retirement Income Security
Act of 1974 (relating to providing advance notice of
modification or change in retiree health benefits
provided under a group health plan); and
``(B) such modification or change in retiree health
benefits in a group health plan takes effect after the
Secretary of Labor makes the determination required by
section 104(d) of such Act that such change or
modification does not violate the plan, including
collective bargaining agreements.
``(2) Noncompliance period.--For the purposes of subsection
(b), the noncompliance period with respect to this subsection
shall be determined without regard to paragraph (2)(B)(ii) of
subsection (b).''.
(2) Conforming amendments.--
(A) Subsection (a) of section 4980B of such Code is
amended by striking ``subsection (f)'' and inserting
``subsections (f) and (g)''.
(B) Clause (iv)(II) of section 4980B(f)(2)(B) of
such Code is amended by striking ``subsection
(g)(1)(D)'' and inserting ``subsection (h)(1)(D)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years ending after August 1, 1996.
SEC. 3. CONTINUATION OF COVERAGE FOR PERSONS 55 AND OLDER UNTIL
ELIGIBLE FOR MEDICARE.
(a) In General.--Section 4980B(f)(2) of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``(F) Coverage for persons 55 and older until
eligible for medicare.--In the case of a covered
employee who has attained the age of 55 before a
qualifying event described in paragraph (3)(B)--
``(i) in no event shall the period of
continued coverage under subparagraph (B)(i)
with respect to such event end before the
applicable date under subparagraph (B)(iv), and
``(ii) the premium requirements for any
period of continuation of coverage solely be
reason of clause (i) shall be determined by
substituting `110 percent' for `102 percent' in
subparagraph (C)(i), unless the last sentence
of subparagraph (C) otherwise applies.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to plan years ending after August 1, 1996.
SEC. 4. PROTECTIONS UNDER THE MEDICARE PROGRAM FOR RETIRED WORKERS WHO
LOSE RETIREE HEALTH BENEFITS.
(a) No Premium Penalty for Late Enrollment.--The second sentence of
section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is
amended by inserting ``and not pursuant to a special enrollment period
under section 1837(i)(4)'' after ``section 1837)''.
(b) Special Medicare Enrollment Period.--
(1) In general.--Section 1837(i) of such Act (42 U.S.C.
1395p(i)) is amended by adding at the end the following new
paragraph:
``(4)(A) In the case of an individual who--
``(i) at the time the individual first satisfies paragraph
(1) or (2) of section 1836--
``(I) is enrolled in a group health plan described
in section 1862(b)(1)(A)(v) by reason of the
individual's (or the individual's spouse's) current
employment or otherwise, and
``(II) has elected not to enroll (or to be deemed
enrolled) under this section during the individual's
initial enrollment period; and
``(ii) whose continuous enrollment under such group health
plan is involuntarily terminated at a time when the enrollment
under the plan is not by reason of the individual's (or the
individual's spouse's) current employment,
there shall be a special enrollment period described in subparagraph
(B).
``(B) The special enrollment period referred to in subparagraph (A)
is the 6-month period beginning on the date of the enrollment
termination described in subparagraph (A)(ii).''.
(2) Coverage period.--Section 1838(e) of such Act (42
U.S.C. 1395q(e)) is amended--
(A) by inserting ``or 1837(i)(4)(B)'' after
``1837(i)(3)'' the first place it appears, and
(B) by inserting ``or specified in section
1837(i)(4)(A)(i)'' after ``1837(i)(3)'' the second
place it appears''.
(c) Providing for Medigap Open Enrollment Period.--Section
1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``during'', and
(2) by inserting before the period at the end the
following: ``or (ii) in the case of an individual who enrolls
in part B pursuant to a special enrollment period provided
under section 1837(i)(4), the 6-month period beginning with the
first month as of the first day of which the individual is
enrolled under part B pursuant to such enrollment''.
(d) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect on the date of the
enactment of this Act and apply to involuntary terminations of
coverage under a group health plan occurring on or after August
1, 1996.
(2) Transition.--In the case of an involuntary termination
of coverage under a group health plan that occurred during the
period beginning on August 1, 1996, and ending on the date of
the enactment of this Act, the special enrollment period under
section 1837(i)(4)(B) of the Social Security Act (as amended by
subsection (b)) is deemed to begin as of the date of the
enactment of this Act. | Health Care Assurance for Retired Employees Act of 1996 - Amends the Employee Retirement Income Security Act of 1974, as amended by the Health Insurance Portability and Accountability Act of 1996, to require advance notice to participants and the Secretary of Labor of material reductions in group health plan covered services. Prohibits any such change from taking effect until the Secretary determines that it does not violate the plan, including collective bargaining agreements.
Amends the Internal Revenue Code to require qualified pension plans to provide qualifying persons 55 years of age or older a coverage continuation option until they are eligible for Medicare. Amends title XVIII (Medicare) of the Social Security Act to provide retired workers who lose their retiree health benefits with specified Medicare enrollment and coverage protections. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stand with the Iranian People Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) The Government of Iran has engaged in a brutal
crackdown on the Iranian people in the aftermath of the
disputed presidential election of June 12, 2009, stifling
freedom of speech, press, and assembly and violating
fundamental human rights.
(2) On June 23, 2009, President Obama denounced the
crackdown on the Iranian people, saying ``The United States
respects the sovereignty of the Islamic Republic of Iran, and
is not at all interfering in Iran's affairs. But we must also
bear witness to the courage and dignity of the Iranian people,
and to a remarkable opening within Iranian society''.
(3) On June 19, 2009, the House of Representatives adopted
H. Res. 560 by a vote of 405-1, ``expressing support for all
Iranian citizens who struggle for freedom, human rights, civil
liberties, and the protection of the rule of law''.
(4) Iran's security forces, particularly the Iranian
Revolutionary Guard Corps (IRGC) and the Basij volunteer
militia, have been largely responsible for the violence and
brutality committed against the Iranian people in the recent
unrest.
(5) Thousands of Iranian protesters have been arrested and
detained for taking part in public demonstrations, with many
being raped and tortured to extract false confessions to be
used against them and others as part of government-run ``show
trials''.
(6) On June 20, 2009, twenty-six year old Neda Agha Soltan
was shot and killed by a member of the Basij militia,
symbolizing for Iranians and people all over the world the
government's brutal crackdown against peaceful demonstrators.
(b) Sense of the Congress.--It is the sense of Congress that the
United States--
(1) respects the sovereignty, proud history, and rich
culture of the Iranian people;
(2) respects the universal values of freedom of speech,
freedom of the press, and the freedom to assemble;
(3) respects and admires the Iranian people as they take
steps to peacefully express their voices, opinions, and
aspirations;
(4) deplores and condemns the use of coerced confessions
and ``show trials'' as tools of political repression in Iran;
(5) urges the Government of Iran to intensify its
cooperation on the case of Robert Levinson with the Embassy of
Switzerland in Tehran and to share the results of its
investigation into the disappearance of Robert Levinson with
the Federal Bureau of Investigation; and
(6) recognizes the importance of diplomacy with Iran in
order to advance the national security interests of the United
States, but such diplomacy should not be construed as official
recognition of the declared results from the June 12, 2009,
Iranian presidential election.
(c) Statement of Policy.--It should be the policy of the United
States to--
(1) work to ensure that sanctions are clearly targeted at
the Government of Iran and individuals within the Government of
Iran, rather than the Iranian society as a whole, in order to
avoid creating hardship and inflicting harm on the Iranian
people;
(2) encourage United States allies to freeze bank accounts
held or controlled by Iranian Government officials who have
carried out human rights abuses against the people of Iran;
(3) encourage United States allies to deny entrance visas
for non-official business to Iranian Government officials who
have carried out human rights abuses against the people of
Iran;
(4) work in the United Nations Security Council to impose
multilateral political and financial sanctions against Iranian
Governmental officials, including officials of the IRGC and
Basij militia, who have carried out human rights abuses against
the people of Iran;
(5) work within the United Nations to focus international
attention on and investigate human rights abuses in Iran, and
to secure the release of prisoners of conscience;
(6) apply targeted political and financial sanctions
against a foreign person or foreign entity that provides
illicit support to the IRGC and Basij militia;
(7) encourage cooperation between United States and Iranian
nongovernmental organizations, particularly with regard to
facilitating people-to-people exchanges; and
(8) expedite admission to the United States of any national
of Iran who is under threat of severe penalty as a result of
participating in or reporting on pro-democracy activities
inside Iran, and should encourage other governments to accept
such Iranian refugees for resettlement, provided applicants
have not engaged in or provided support for acts of terrorism
and satisfy all criteria for acquiring refugee status.
SEC. 3. IMPOSING TRAVEL RESTRICTIONS AGAINST IRAN'S HUMAN RIGHTS
ABUSERS.
(a) In General.--The Secretary of State shall deny the issuance of
a visa and the Secretary of Homeland Security shall deny admission to
the United States to any official of the Government of Iran who is
credibly alleged to have ordered, acquiesced to, or participated in
human rights abuses against the people of Iran
(b) Waiver.--The ban described in subparagraph (a) may be waived if
the Secretary of State certifies to Congress that such a waiver is in
the national interests of the United States.
SEC. 4. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS OR ENTITIES
THAT PROVIDE CENSORSHIP OR SURVEILLANCE TECHNOLOGY TO THE
GOVERNMENT OF IRAN.
(a) Prohibition.--Notwithstanding any other provision of law, the
head of an executive agency may not enter into or renew a contract for
the procurement of goods or services with a person or entity that
provides censorship or surveillance technology to the Government of
Iran.
(b) Waiver Provision.--The Secretary concerned may waive the
application of the prohibition under subsection (a) with respect to a
person or entity if the Secretary certifies to Congress that such a
waiver is in the national interest of the United States.
(c) Definitions.--In this section--
(1) the term ``censorship or surveillance technology''
means hardware, software, telecommunications equipment, or any
other technology that the President determines is designed to
provide a substantial capability--
(A) to restrict the free flow of information; or
(B) to disrupt, monitor, or otherwise restrict
speech;
(2) the term ``executive agency'' has the meaning given
that term in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403); and
(3) the term ``Government of Iran'' means any agency or
instrumentality of the Government of Iran, including any entity
that is controlled by the Government of Iran.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply to contracts entered into on or after the
date that is 90 days after the date of the enactment of this
Act.
(2) Exception.--With respect to a renewal of a contract,
this section shall apply to a contract renewed on or after the
date of the enactment of this Act.
SEC. 5. AUTHORIZATION OF UNITED STATES NON-PROFIT ORGANIZATIONS'
ACTIVITIES IN IRAN FOR THE PROVISION OF HUMANITARIAN AND
PEOPLE-TO-PEOPLE ASSISTANCE.
(a) Authorization.--Notwithstanding any other provision of law, the
establishment and carrying out of operations in Iran for the direct
provision of humanitarian and people-to-people assistance described in
subsection (b) by any organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 may not be prohibited or otherwise
restricted.
(b) Assistance Described.--The humanitarian and people-to-people
assistance referred to in subsection (a) is assistance to--
(1) promote adequate and reliable nutrition;
(2) advance child survival and maternal health;
(3) improve access to safe water, sanitation, and shelter;
(4) prepare for and respond to natural disasters;
(5) improve access to basic health care;
(6) prevent and treat drug addiction;
(7) strengthen education and literacy;
(8) promote equal rights for women and minorities;
(9) support human rights and representative governance;
(10) foster international and religious understanding and
tolerance; and
(11) facilitate international people-to-people exchanges.
(c) Exception.--Subsection (a) shall not apply with respect to an
organization described in subsection (a) if such organization provides
services or conducts transactions with any organization or entity that
appears on the Department of the Treasury's Specially Designated
Nationals List.
(d) Notification and Waiver.--The Secretary of the Treasury may
require organizations authorized under subsection (a) to notify the
Department of the Treasury up to 14 days in advance of commencing
operations in Iran. The Secretary of the Treasury may waive the
application of subsection (a) if the Secretary determines that it is in
the national security interests of the United States to do so.
(e) Effective Date.--This section shall apply with respect to the
establishment and carrying out of operations described in subsection
(a) on or after the date of the enactment of this Act. | Stand with the Iranian People Act - Directs the Secretary of State to deny issuance of a visa and the Secretary of Homeland Security (DHS) to deny U.S. admission to any government official of Iran who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses against the people of Iran. Authorizes the Secretary of State to waive such ban if in the U.S. national interest.
Prohibits the head of an executive agency from entering into or renewing a contract for the procurement of goods or services with a person or entity that provides censorship or surveillance technology to the government of Iran. Authorizes the Secretary concerned to waive such prohibition if in the U.S. national interest.
States that the establishment and carrying out of operations by U.S. nonprofit organizations in Iran for the direct provision of specified humanitarian and people-to-people assistance may not be prohibited or restricted. Authorizes the Secretary of the Treasury to require such an organization to notify the Department of the Treasury up to 14 days in advance of commencing operations in Iran. Excludes from such provision an organization that provides services or conducts transactions with any organization or entity that appears on the Department of the Treasury's Specially Designated Nationals List (a list of organizations and individuals that are restricted from doing business with the United States or U.S companies or individuals). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Right to Know Before You Go
Act of 2015''.
SEC. 2. AMENDMENT TO PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a)(17) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(17)) is amended by inserting ``and including the requirements
of section 493E'' after ``as designated by the Secretary''.
SEC. 3. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Alignment With Institutional Reporting Requirements Related
to IPEDS.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Student Right to Know Before You Go Act of
2015, the Secretary shall issue guidance outlining which data
metrics required to be submitted by institutions of higher
education under section 493E are duplicative of institutional
reporting requirements under this section and other provisions
of this Act.
``(2) Link to institutional reporting website.--Not later
than 5 years after the date of enactment of the Student Right
to Know Before You Go Act of 2015, an institution of higher
education participating in any program under this title shall--
``(A) not be required to make available such
duplicative requirements, as determined under paragraph
(1), under this section and other provisions of this
Act; and
``(B) provide a prominently displayed link on the
institution's website to the website described in
section 493E(e)(2).''.
SEC. 4. INSTITUTIONAL REPORTING REQUIREMENTS.
(a) Amendment to Database of Student Information Prohibited.--
Section 134(b) of the Higher Education Act of 1965 (20 U.S.C. 1015c(b))
is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) is necessary to carry out section 493E.''.
(b) Reporting Requirements.--Part G of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at
the end the following:
``SEC. 493E. INSTITUTIONAL REPORTING REQUIREMENTS.
``(a) In General.--
``(1) Submission of data.--Each institution of higher
education participating in a program under this title shall
submit to the Secretary data sufficient, as determined by the
Secretary, to complete all student components of reporting
required for the Integrated Postsecondary Education Data System
(referred to in this section as `IPEDS').
``(2) Guidance.--Not later than 1 year after the date of
enactment of the Student Right to Know Before You Go Act of
2015, the Secretary shall submit to institutions of higher
education guidance related to the submission of data under this
subsection.
``(3) Review.--The Secretary shall review, every 5 years,
the determination of the categories of data that shall be
submitted pursuant to paragraph (1).
``(b) Establishment of Additional Student Classifications.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Student Right to Know Before You Go Act of
2015, the Secretary shall--
``(A) establish common definitions for institutions
to follow in submitting the data required under this
section; and
``(B) determine collection and submission
requirements.
``(2) Student-level components of ipeds.--The Secretary
shall require institutions of higher education participating in
a program under this title to submit student-level components
of IPEDS to enable coding and reporting on--
``(A) students who participate in remedial
education at, or through, the institution;
``(B) whether, and at what level, the student is
seeking a degree; and
``(C) whether the student is seeking a certificate.
``(c) Establishment of New Outcome Metrics.--
``(1) In general.--Data submitted to the Secretary under
subsections (a) and (b) shall be used to calculate all student-
level components of IPEDS.
``(2) Additional measures to be calculated.--In addition to
the student-level component outcome measures required to be
calculated by the Secretary on the day before the date of
enactment of the Student Right to Know Before You Go Act of
2015, the Secretary shall, beginning not later than 2 years
after the date of enactment of the Student Right to Know Before
You Go Act of 2015, also calculate, at the institutional and
program-specific levels, the following:
``(A) The percentage of students who receive--
``(i) Federal grants;
``(ii) Federal loans;
``(iii) State grants;
``(iv) State loans;
``(v) institutional grants; or
``(vi) institutional loans.
``(B) The average amount of total Federal loan debt
upon student graduation assumed by students while
enrolled at the institution.
``(C) The average amount of total Federal loan debt
of students who do not complete a program of study 2
years after the students' last known enrollment in any
institution of higher education.
``(D) Student transfer rates by sector of transfer,
which shall be defined as the percentage of students
who leave an institution and successfully enroll in and
complete a program of study at another institution,
including whether the receiving institution is a public
4-year institution, public 2-year institution, public
less-than-2-year institution, private nonprofit 4-year
institution, private nonprofit 2-year institution,
private nonprofit less-than-2-year institution, private
for-profit 4-year institution, private for-profit 2-
year institution, or private for-profit less-than-2-
year institution.
``(E) Rates of continuation to higher levels of
education.
``(F) The percentage of students who receive the
degree level they initially sought.
``(G) The outcome measures described in
subparagraphs (A) through (F), in addition to all
student-level components of IPEDS required to be
reported on the day before the date of enactment of the
Student Right to Know Before You Go Act of 2015,
disaggregated on the basis of the following student
types:
``(i) Students who received a Federal Pell
Grant.
``(ii) Students who received a loan under
part B or part D, but not a Federal Pell Grant.
``(iii) Students who received neither a
Federal Pell Grant, nor a loan under part B or
part D.
``(iv) Students who are identified as
veterans or members of the Armed Forces who
received assistance under the Post-9/11
Veterans Educational Assistance Program under
chapter 33 of title 38, United States Code, or
tuition assistance under the laws administered
by the Secretary of Defense. The Secretary of
Veterans Affairs and Secretary of the
Department of Defense shall coordinate with the
Secretary to make available data sufficient to
enable such reporting under this clause.
``(v) Enrollment status, including the
following:
``(I) First-time, full-time
students.
``(II) First-time, part-time
students.
``(III) Non-first-time, full-time
students.
``(IV) Non-first-time, part-time
students.
``(vi) Enrollment intensity while enrolled
at the institution, including the following:
``(I) Full-time only.
``(II) Part-time only.
``(III) Mixed enrollment, both
full- and part-time.
``(H) Earning metrics, generated through a system
established by the Secretary in cooperation with the
Commissioner of Social Security and using the student
components of IPEDS, that shall include--
``(i) median annual earnings and employment
metrics, disaggregated by--
``(I) educational program based on
CIP code;
``(II) credential received;
``(III) educational institution;
and
``(IV) State of employment; and
``(ii) the disaggregated median annual
earnings for each of the categories described
in subclauses (I) through (IV) of clause (i),
further disaggregated for each of the following
time periods:
``(I) 2 years after educational
program completion.
``(II) 6 years after educational
program completion.
``(III) 15 years after educational
program completion.
``(I) Other information determined necessary by the
Secretary.
``(3) Consultation.--In carrying out this section, the
Secretary shall consult extensively with State offices with
existing, as of the date of the consultation, student-level
data collections from public and private institutions,
particularly in the formulation of the calculation and
reporting standards outlined in this subsection and subsections
(a) and (b), and the public access to data under subsection
(e)(2).
``(4) Guidelines.--The Secretary shall issue guidelines to
institutions of higher education regarding the amendments
needed to the annual privacy notices required under section
444(c)(3) of the General Education Provisions Act (commonly
referred to as the `Family Educational Rights and Privacy Act
of 1974') of the institutions in order to reference the data
collection required under this section.
``(d) Unauthorized Uses.--
``(1) In general.--Any personally identifiable information
collected for the data system under this section shall not be
used for any use that is not either specifically authorized by
this section or permitted as a disclosure under this section.
``(2) No federal action.--No action of Federal authority
may be taken against an individual based on data collected for
the data system developed under this section. No Federal
agency, officer, or employee and no recipient of a Federal
grant, contract, or cooperative agreement may, for any reason,
require the Secretary or any employee of the Secretary to
disclose personally identifiable information that has been
collected or retained under this section.
``(3) Immunity.--Personally identifiable information
collected or retained under this section shall be immune from
legal process and shall not, without the consent of the
individual concerned, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or
administrative proceeding.
``(4) No institution action.--An institution of higher
education may not use the data system developed under this
section, or data accessed through such system, to take any
action against an individual.
``(5) Application.--This subsection shall not apply to
requests for personally identifiable information submitted by
or on behalf of the individual identified in the information.
Any such individual has the right to request and receive from
the Secretary the data containing personally identifiable
information collected on the individual's behalf, upon
demonstrating the individual's identity to the satisfaction of
the Secretary.
``(e) Permissible Disclosures.--
``(1) Disclosure limitation.--In carrying out the public
reporting and disclosure requirements of this Act, the
Secretary shall use appropriate statistical disclosure
limitation techniques necessary such that the data released to
the public cannot include personally identifiable information
or be used to identify specific individuals.
``(2) Public availability.--
``(A) In general.--The Secretary shall post the
aggregate data collected under this section on a
website of the Department in a timely and user-friendly
manner.
``(B) Additional research availability.--The
Secretary may make available the non-personally
identifiable data set used to prepare the data for the
website in accordance with subparagraph (A) to
researchers performing studies or evaluations approved
by the Secretary or the Director of the Institute of
Education Sciences.
``(C) Enabling administrative improvement by
institutions of higher education.--The Secretary shall
create a process through which institutions of higher
education participating in programs under this title
and States may request and receive from the Department
aggregate student outcome data for the purposes of
institutional improvement and program evaluation. The
Secretary shall promulgate regulations to ensure fair
and equitable access to such data.
``(3) No sale of data.--The Secretary shall not sell any
data collected under this section, including the public use
data set available under paragraph (2)(B), to any third party.
``(f) Ensuring Comparability of Data Metric.--For a period of 5
years following the date of enactment of the Student Right to Know
Before You Go Act of 2015, the Secretary shall be responsible for
publishing all student-level components of IPEDS as such components
would have been produced on the day before the date of enactment of the
Student Right to Know Before You Go Act of 2015.
``(g) Felony for Willful Disclosure.--
``(1) In general.--It shall be unlawful for any person who
obtains or has access to personally identifiable information in
connection with the data system described in this section to
willfully disclose such personally identifiable information, in
any manner, to any person that is not entitled to receive the
information.
``(2) Penalty.--Any person who violates paragraph (1) shall
be found guilty of a felony and imprisoned for not more than 5
years, or fined as specified in section 3571 of title 18,
United States Code, or both.
``(h) Protection of Data.--The Secretary shall promulgate and
periodically review guidance and regulations relating to security,
which shall govern the access, use, and disclosure of data collected in
connection with the activities authorized in this Act. The regulations
developed and reviewed shall be consistent with the need to protect
data from unauthorized access, use, and disclosure, and shall include--
``(1) an audit capability;
``(2) access controls; and
``(3) requirements to ensure sufficient data security,
quality, validity, and reliability.
``(i) Definition of Personally Identifiable Information.--In this
section, the term `personally identifiable information' includes--
``(1) a student's name;
``(2) the name of a student's parent or other family
members;
``(3) the address of a student or student's family;
``(4) a personal identifier, such as a student's social
security number, student number, or biometric record;
``(5) other indirect identifiers, such as a student's date
of birth, place of birth, and mother's maiden name;
``(6) other information that, alone or in combination, is
linked or linkable to a specific student that would allow a
reasonable person in the school community, who does not have
personal knowledge of the relevant circumstances, to identify
the student with reasonable certainty; or
``(7) information requested by a person who the educational
agency or institution reasonably believes knows the identity of
the student to whom the education record relates.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2016 through 2024.''. | Student Right to Know Before You Go Act of 2015 This bill amends the Higher Education Act of 1965 to modify reporting requirements for institutions of higher education (IHEs) that participate in title IV federal financial aid programs. Currently, to retain title IV eligibility, IHEs must report data to the Department of Education (ED) through the Integrated Postsecondary Education Data System (IPEDS). This bill requires IHEs to submit additional student enrollment data to ED to enable coding and reporting on students' level of academic preparation. It also requires ED to calculate additional outcome measures by institution and program, including: the percentage of students who receive federal, state, or institutional grants or loans; the average amount of federal loan debt upon graduation; the average amount of total federal loan debt of students who do not complete a program of study; student transfer rates; rates of continuation to higher levels of education; and the percentage of students who receive the degree they initially sought. ED must report additional outcome measures established by this Act, as well as all existing student data in IPEDS, based on these student types: receipt or non-receipt of federal Pell Grants, receipt or non-receipt of Stafford Loans, participation in the Post-9/11 Veterans Educational Assistance Program, enrollment status, and enrollment intensity. ED must also, in cooperation with the Social Security Administration, make publicly available data on employment metrics and median annual earnings 2 years, 6 years, and 15 years after program completion. ED must report the data by: education program, credential received, institution, and state of employment. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Registration Modernization
Act''.
SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is
amended by inserting after section 6 the following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
``(1) Availability of online registration.--Each State,
acting through the chief State election official, shall ensure
that the following services are available to the public at any
time on the official public websites of the appropriate State
and local election officials in the State, in the same manner
and subject to the same terms and conditions as the services
provided by voter registration agencies under section 7(a):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying
to register to vote.
``(C) Online completion and submission by
applicants of the mail voter registration application
form prescribed by the Election Assistance Commission
pursuant to section 9(a)(2), including assistance with
providing a signature in electronic form as required
under subsection (c).
``(D) Online receipt of completed voter
registration applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2)(A) in the case of an individual who has a signature
on file with the State motor vehicle authority, the information
provided in the application matches the records of such State
motor vehicle authority; and
``(B) in any other case, the individual provides a
signature in electronic form in accordance with subsection (c).
``(c) Signatures in Electronic Form.--For purposes of this section,
an individual provides a signature in electronic form by--
``(1) executing a computerized mark in the signature field
on an online voter registration application; or
``(2) submitting with the application an electronic copy of
the individual's handwritten signature through electronic
means.
``(d) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that, consistent with section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(e) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(f) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.
``(g) Accessibility of Online Registration.--The services provided
under subsection (a) shall be provided in a manner that is accessible
to individuals with disabilities, including those that are blind and
visually impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence) as for
other voters.''.
(b) Treatment as Individuals Registering To Vote by Mail for
Purposes of First-Time Voter Identification Requirements.--Section
303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C.
21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by
mail or online under section 6A of the National Voter Registration Act
of 1993''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1))
is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 30 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
SEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 30
days, or the period provided by State law,
before the date of the election.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is
amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's information
on the computerized Statewide voter registration list using the
online method provided under section 303(a)(6) of the Help
America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online method,''.
SEC. 4. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION.
(a) In General.--The Director of the National Institute of
Standards and Technology shall conduct an ongoing study on best
practices for implementing the requirements for Internet registration
under section 6A of the National Voter Registration Act of 1993 (as
added by section 2) and the requirement to permit voters to update
voter registration information online under section 303(a)(6) of the
Help America Vote Act of 2002 (as added by section 3) in a fully
accessible manner.
(b) Report.--
(1) In general.--Not later than 4 months after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall make publicly
available a report on the study conducted under subsection (a).
(2) Quadrennial update.--The Director of the National
Institute of Standards and Technology shall review and update
the report made under paragraph (1).
(c) Use of Best Practices in EAC Voluntary Guidance.--Subsection
(a) of section 311 of the Help America Vote Act of 2002 (52 U.S.C.
21101(a)) is amended by adding at the end the following new sentence:
``Such voluntary guidance shall utilize the best practices developed by
the Director of the National Institute of Standards and Technology
under section 4 of the Voter Registration Modernization Act for the use
of the Internet in voter registration.''.
SEC. 5. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide
E-Mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) which the officials would provide to
the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52 U.S.C.
20508) is amended by adding at the end the following new
subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for Other Than
Official Purposes.--The chief State election official shall ensure that
any electronic mail address provided by an applicant under subsection
(b)(5) is used only for purposes of carrying out official duties of
election officials and is not transmitted by any State or local
election official (or any agent of such an official, including a
contractor) to any person who does not require the address to carry out
such official duties and who is not under the direct supervision and
control of a State or local election official.''.
(b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)) is amended by adding at the end the following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter Registration
Act of 1993), the appropriate State or local election official,
through electronic mail transmitted not later than 30 days
before the date of the election involved, shall provide the
individual with information on how to obtain the following
information by electronic means:
``(A) The name and address of the polling place at
which the individual is assigned to vote in the
election.
``(B) The hours of operation for the polling place.
``(C) A description of any identification or other
information the individual may be required to present
at the polling place.''.
SEC. 6. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO
SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants Providing
Necessary Information To Show Eligibility To Vote.--For purposes
meeting the requirement of subsection (a)(1) that an eligible applicant
is registered to vote in an election for Federal office within the
deadlines required under such subsection, the State shall consider an
applicant to have provided a `valid voter registration form' if--
``(1) the applicant has accurately completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides a
signature in accordance with subsection (c) of such section.''.
SEC. 7. IMPLEMENTATION PAYMENTS.
(a) In General.--The Election Assistance Commission shall make an
implementation payment each year in an amount determined under
subsection (c) to each State.
(b) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), a
State receiving a payment under subsection (a) shall use the
payment only to meet the requirements of this Act.
(2) Other activities.--A State may use implementation
payments to carry out other activities to improve the
administration of elections for Federal office if the State
certifies to the Commission that--
(A) the State has implemented the requirements of
this Act; and
(B) the amount expended with respect to such other
activities does not exceed the an amount equal to the
minimum payment amount applicable to the State under
subsection (c)(3).
(3) Limitation.--Rules similar to the rules of section
251(f) of the Help America Vote Act of 2002 (52 U.S.C.
21001(f)) shall apply for purposes of this section.
(c) Allocation of Funds.--
(1) In general.--Subject to paragraph (3), the amount of an
implementation payment made to a State for any year shall be
equal to--
(A) the total amount appropriated for
implementation payments for the year pursuant to the
authorization under subsection (d); and
(B) the State allocation percentage for the State.
(2) State allocation percentage.--The term ``State
allocation percentage'' has the same meaning as given such term
under section 252(b) of the Help America Vote Act of 2002 (52
U.S.C. 21002(b)).
(3) Minimum amount of payment; other rules.--Rules similar
to the rules of subsections (c), (d), and (e) of section 252 of
such Act (52 U.S.C. 21002) shall apply for purposes of this
subsection.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for implementation payments under this section $15,000,000 for
fiscal year 2015.
(2) Availability.--Any amounts appropriated pursuant to the
authority of paragraph (1) shall remain available without
fiscal year limitation until expended.
(e) Reports.--Not later than April 1, 2017, each State which
received an implementation payment under this section shall submit a
report to the Commission on the activities conducted with funds
provided under this section.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act (other than the amendments made by section
5) shall take effect January 1, 2016.
(b) Waiver.--If a State certifies to the Election Assistance
Commission not later than January 1, 2016, that the State will not meet
the deadline referred to in subsection (a) for good cause and includes
in the certification the reasons for the failure to meet such deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2016'' were a reference to ``January 1,
2018''. | Voter Registration Modernization Act - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Directs the appropriate state or local election official to ensure that information on the computerized statewide voter registration list may be updated through the official public website. Directs the Director of the National Institute of Standards and Technology (NIST) to study best practices for implementing the requirements for Internet registration and the online updating of voter registration information. Authorizes the provision of election information by electronic mail to individuals registered to vote who have requested to receive it. Directs the Election Assistance Commission (EAC) to make an implementation payment each year to enable each state to meet the requirements of this Act and to carry out activities to improve the administration of federal elections. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Commerce Enhancement Act
of 2000''.
TITLE I--ELECTRONIC COMMERCE
SEC. 101. FINDINGS.
The Congress finds the following:
(1) Commercial transactions on the Internet, whether retail
business-to-customer or business-to-business, are commonly
called electronic commerce.
(2) In the United States, business-to-business transactions
between small and medium-sized manufacturers and other such
businesses and their suppliers is rapidly growing, as many of
these businesses begin to use Internet connections for supply-
chain management, after-sales support, and payments.
(3) Small and medium-sized manufacturers and other such
businesses play a critical role in the United States economy.
(4) Electronic commerce can help small and medium-sized
manufacturers and other such businesses develop new products
and markets, interact more quickly and efficiently with
suppliers and customers, and improve productivity by increasing
efficiency and reducing transaction costs and paperwork. Small
and medium-sized manufacturers and other such businesses who
fully exploit the potential of electronic commerce activities
can use it to interact with customers, suppliers, and the
public, and for external support functions such as personnel
services and employee training.
(5) The National Institute of Standards and Technology's
Manufacturing Extension Partnership program has a successful
record of assisting small and medium-sized manufacturers and
other such businesses. In addition, the Manufacturing Extension
Partnership program, working with the Small Business
Administration, successfully assisted United States small
enterprises in remediating their Y2K computer problems.
(6) A critical element of electronic commerce is the
ability of different electronic commerce systems to exchange
information. The continued growth of electronic commerce will
be enhanced by the development of private voluntary
interoperability standards and testbeds to ensure the
compatibility of different systems.
SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE.
(a) Advisory Panel.--The Director of the National Institute of
Standards and Technology (in this title referred to as the
``Director'') shall establish an Advisory Panel to report on the
challenges facing small and medium-sized manufacturers and other such
businesses in integrating and utilizing electronic commerce
technologies and business practices. The Advisory Panel shall be
comprised of representatives of the Technology Administration, the
National Institute of Standards and Technology's Manufacturing
Extension Partnership program established under sections 25 and 26 of
the National Institute of Standards and Technology Act (15 U.S.C. 278k
and 278l), the Small Business Administration, and other relevant
parties as identified by the Director.
(b) Initial Report.--Within 12 months after the date of the
enactment of this Act, the Advisory Panel shall report to the Director
and to the Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
immediate requirements of small and medium-sized manufacturers and
other such businesses to integrate and utilize electronic commerce
technologies and business practices. The report shall--
(1) describe the current utilization of electronic commerce
practices by small and medium-sized manufacturers and other
such businesses, detailing the different levels between
business-to-retail customer and business-to-business
transactions;
(2) describe and assess the utilization and need for
encryption and electronic authentication components and
electronically stored data security in electronic commerce for
small and medium-sized manufacturers and other such businesses;
(3) identify the impact and problems of interoperability to
electronic commerce, and include an economic assessment; and
(4) include a preliminary assessment of the appropriate
role of, and recommendations for, the Manufacturing Extension
Partnership program to assist small and medium-sized
manufacturers and other such businesses to integrate and
utilize electronic commerce technologies and business
practices.
(c) Final Report.--Within 18 months after the date of the enactment
of this Act, the Advisory Panel shall report to the Director and to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a 3-year
assessment of the needs of small and medium-sized manufacturers and
other such businesses to integrate and utilize electronic commerce
technologies and business practices. The report shall include--
(1) a 3-year planning document for the Manufacturing
Extension Partnership program in the field of electronic
commerce; and
(2) recommendations, if necessary, for the National
Institute of Standards and Technology to address
interoperability issues in the field of electronic commerce.
SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM.
The National Institute of Standards and Technology's Manufacturing
Extension Partnership program, in consultation with the Small Business
Administration, shall establish a pilot program to assist small and
medium-sized manufacturers and other such businesses in integrating and
utilizing electronic commerce technologies and business practices. The
goal of the pilot program shall be to provide small and medium-sized
manufacturers and other such businesses with the information they need
to make informed decisions in utilizing electronic commerce-related
goods and services. Such program shall be implemented through a
competitive grants program for existing Regional Centers for the
Transfer of Manufacturing Technology established under section 25 of
the National Institute of Standards and Technology Act (15 U.S.C.
278k). In carrying out this section, the Manufacturing Extension
Partnership program shall consult with the Advisory Panel and utilize
the Advisory Panel's reports.
TITLE II--ENTERPRISE INTEGRATION
SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN.
(a) Assessment.--The Director shall work to identify critical
enterprise integration standards and implementation activities for
major manufacturing industries underway in the United States. For each
major manufacturing industry, the Director shall work with industry
representatives and organizations currently engaged in enterprise
integration activities and other appropriate representatives as
necessary. They shall assess the current state of enterprise
integration within the industry, identify the remaining steps in
achieving enterprise integration, and work toward agreement on the
roles of the National Institute of Standards and Technology and of the
private sector in that process. Within 90 days after the date of the
enactment of this Act, the Director shall report to the Congress on
these matters and on anticipated related National Institute of
Standards and Technology activities for the then current fiscal year.
(b) Plans and Reports.--Within 180 days after the date of the
enactment of this Act, the Director shall submit to the Congress a plan
for enterprise integration for each major manufacturing industry,
including milestones for the National Institute of Standards and
Technology portion of the plan, the dates of likely achievement of
those milestones, and anticipated costs to the Government and industry
by fiscal year. Updates of the plans and a progress report for the past
year shall be submitted annually until for a given industry, in the
opinion of the Director, enterprise integration has been achieved.
SEC. 202. DEFINITIONS.
For purposes of this title--
(1) the term ``Director'' means the Director of the
National Institute of Standards and Technology;
(2) the term ``enterprise integration'' means the
electronic linkage of manufacturers, assemblers, and suppliers
to enable the electronic exchange of product, manufacturing,
and other business data among all businesses in a product
supply chain, and such term includes related application
protocols and other related standards; and
(3) the term ``major manufacturing industry'' includes the
aerospace, automotive, electronics, shipbuilding, construction,
home building, furniture, textile, and apparel industries and
such other industries as the Director designates.
Passed the House of Representatives September 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program; and (2) consult with the Panel and utilize the Panel's reports.
Title II: Enterprise Integration
- Requires the Director to: (1) identify current critical enterprise integration standards and implementation activities for major manufacturing industries; (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year; and (3) submit to Congress a plan for enterprise integration for each major manufacturing industry (requiring annual plan updates). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Spaceport Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) spaceport development is a national economic interest
that should be pursued as part of a national transportation
policy;
(2) many nations around the world, including France, China,
Russia, Japan, Canada, and Australia, have embarked on
aggressive commercial space development programs;
(3) the United States, once the leader in the commercial
space market, is in danger of falling behind in the
international commercial space market;
(4) the Government must clearly demonstrate its commitment
to support commercial space activity in America, thereby
encouraging greater financial support from private industry;
(5) the United States must develop a long-term,
comprehensive, and aggressive policy to successfully compete in
the international commercial space market, to return the United
States to its position of primary world supplier of launch
services; and
(6) spaceport development is the key component in this
endeavor because it provides the final piece--launch
facilities--to the existing parts of the United States
commercial space market.
SEC. 3. DEFINITION.
For purposes of this Act, the term ``spaceport'' means a space
launch or recovery facility, or a supporting educational or research
facility providing space industry worker training or commercial
application research, designated by a State in an application approved
under section 5.
SEC. 4. NATIONAL SPACEPORT OFFICE.
(a) Establishment.--There is established within the Department of
Transportation a National Spaceport Office.
(b) Staff.--The National Spaceport Office shall have a staff
consisting of a director, 4 regional supervisors, and not more than 5
additional support staff.
(c) Duties.--The National Spaceport Office shall--
(1) administer the application and assistance program under
section 5; and
(2) establish appropriate procedures for--
(A) the competitive awarding of grants under
section 5(b)(1); and
(B) the transfer of excess Federal property to
spaceports under section 5(b)(3), while ensuring that
the spaceport compensates the Federal Government for
the Federal expenses of operating facilities in
connection with property so transferred.
SEC. 5. SPACEPORT ASSISTANCE.
(a) Application.--A State or State-designated entity, including a
nonprofit organization, desiring assistance under this section shall
submit an application to the National Spaceport Office requesting
specifically the Federal assistance sought and setting forth a
comprehensive plan for spaceport development, including the educational
components of such development.
(b) Assistance.--The National Spaceport Office shall approve
meritorious applications submitted under subsection (a) and provide to
the successful applicants assistance, including--
(1) grants, to the extent of available funding under
section 9;
(2) the use of excess Federal launch, recovery, launch
vehicle, and support assets, consistent with applicable
international agreements, for educational launches; and
(3) excess Federal property, including research facilities,
by transfer.
SEC. 6. TAX-EXEMPT BOND FINANCING FOR SPACEPORTS.
(a) In General.--Subsection (a) of section 142 of the Internal
Revenue Code of 1986 (relating to exempt facility bonds) is amended by
striking ``or'' at the end of paragraph (11), by striking the period at
the end of paragraph (12) and inserting ``, or'', and by adding at the
end the following:
``(13) spaceports (as defined in section 3 of the National
Spaceport Act).''
(b) Treatment Comparable To Airports.--
(1) Subparagraph (A) of section 142(b)(1) of such Code is
amended by striking ``or (12)'' and inserting ``(12), or
(13)''.
(2) Subsection (c) of section 142 of such Code is amended
by striking ``or (11)'' each place it appears and inserting
``(11), or (13)''.
(3) Paragraph (3) of section 146(g) of such Code is amended
by striking ``or (12)'' and all that follows and inserting
``(12), or (13) of section 142(a), and''.
(c) Treatment of Property Owned By Designated Tax-Exempt
Entities.--Paragraph (1) of section 142(b) of such Code is amended by
adding at the end the following new subparagraph:
``(C) Spaceport facilities owned by designated tax-
exempt entities.--For purposes of subparagraph (A), a
spaceport shall be treated as owned by a governmental
unit if it is owned by an entity which is exempt from
tax under section 501(a) and which is designated by the
State in which the spaceport is located to develop and
operate the spaceport.''
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act.
SEC. 7. APPLICABILITY OF OTHER LAW.
Except as otherwise provided in this Act, activities of spaceports
shall be subject to applicable provisions of chapter 701 of title 49,
United States Code, relating to commercial space transportation.
SEC. 8. REGULATORY EXEMPTION.
The activities of the National Spaceport Office and of spaceports
shall not be subject to regulation by the Federal Government except as
provided in--
(1) this Act;
(2) chapter 701 of title 49, United States Code; and
(3) applicable laws relating to worker and workplace
safety.
SEC. 9. ANNUAL REPORT.
The director of the National Spaceport Office shall annually
transmit to the Congress a report on its activities under this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation, out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502), for carrying out this Act $20,000,000 for each of the fiscal
years 1996 through 2000.
SEC. 11. TERMINATION OF NATIONAL SPACEPORT OFFICE.
The National Spaceport Office shall terminate on October 1, 2000. | National Spaceport Act - Establishes in the Department of Transportation a National Spaceport Office to administer a grant program of State-run spaceports.
Amends the Internal Revenue Code to provide tax-exempt bond financing for spaceports.
Authorizes appropriations.
Terminates the Office on October 1, 2000. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women in Trauma Act of 2002''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Researchers have concluded that women may experience
significant adverse mental health consequences relating to
trauma exposure, often the result of sexual or domestic
violence.
(2) The majority of women suffering from both substance
abuse and mental health problems have been victims of rape,
incest, or physical or emotional abuse and hundreds of
thousands of these same women are also severely beaten by their
husbands or a significant male intimate. Surveys have indicated
that approximately 1,500,000 children are physically abused
each year and 700,000 are victims of sexual abuse.
(3) Women with serious mental illnesses are over-
represented in samples that experienced trauma, including
physical, sexual, and emotional abuse. Between 50 and 70
percent of women hospitalized for psychiatric disorders have a
history of trauma.
(4) Even for people whose mental health problems are caused
by other factors, a history of early physical or sexual abuse
leads to the earlier onset of their illness, a more severe
course of illness, and a greater likelihood of suicide and
other poor outcomes.
(5) Trauma exposure is generally prevalent in people who
suffer from mental health and substance abuse problems, and can
worsen the course and overall impact of these illnesses.
(6) In a recent study, 97 percent of homeless women with
mental illness were found to have experienced severe physical
or sexual abuse and 87 percent experienced this abuse both as
children and as adults.
(7) Of women in prisons and jails, 80 to 100 percent have
been victims of physical and sexual abuse.
(8) The prevalence of violence- and trauma-related problems
among women with mental health and substance abuse problems is
not adequately addressed by most treatment practices.
(9) There is an urgent need to provide services that
directly address the issue of trauma for women suffering from
mental health and substance abuse problems.
(10) To improve mental health and substance abuse services
for women, further research to expand the development and
implementation of trauma-sensitive services is needed as well
as additional services to improve access to comprehensive
therapeutic interventions and to the support needed to overcome
barriers to recovery.
SEC. 3. GRANTS TO IMPROVE TREATMENT FOR WOMEN WITH HISTORIES OF TRAUMA.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:
``SEC. 520K. GRANTS TO IMPROVE TREATMENT FOR WOMEN WITH HISTORIES OF
TRAUMA.
``(a) Research Grants.--
``(1) Grants authorized.--
``(A) In general.--The Secretary, acting through
the Director of the National Institute of Mental Health
and in consultation with the Administrator of the
Substance Abuse and Mental Health Services
Administration, shall award grants, contracts, or
cooperative agreements to public and nonprofit private
entities, as well as Indian tribes and tribal
organizations, for the purpose of building the evidence
base for new treatment interventions that
simultaneously address trauma, substance abuse, and
psychiatric disorders, including depression and anxiety
disorders (including post-traumatic stress disorder,
psychotic and dissociative disorders) and the
integration of existing interventions for the treatment
of trauma, substance abuse, and psychiatric disorders,
including depression and anxiety disorders (including
post-traumatic stress disorder, psychotic and
dissociative disorders).
``(B) Geographical distribution.--The Secretary
shall ensure that grants, contracts, or cooperative
agreements awarded pursuant to this paragraph are
distributed equitably among regions of the country and
among urban and rural areas.
``(C) Duration of awards.--Grants, contracts, or
cooperative agreements awarded pursuant to this
paragraph may not exceed 5 years. Such grants,
contracts, or agreements may be renewed.
``(2) Application.--
``(A) In general.--Each entity desiring a grant
under this subsection shall submit an application to
the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
``(B) Contents.--Each application submitted
pursuant to subparagraph (A) shall--
``(i) describe the activities for which
assistance under this subsection is sought; and
``(ii) demonstrate that the testing of
treatment interventions will be carried out
through community-based treatment programs.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $50,000,000
for fiscal year 2003, and such sums as may be necessary for
each fiscal year thereafter.
``(b) Treatment Grants.--
``(1) Grants authorized.--
``(A) In general.--The Secretary, acting through
the Administrator of the Substance Abuse and Mental
Health Services Administration, shall make grants to
public and nonprofit private entities, including Indian
tribes and tribal organizations, for the purpose of
providing comprehensive community-based mental health
and substance abuse services to women who have
experienced a history of physical or sexual abuse, or
other types of trauma.
``(B) Grantmaking considerations.--The Secretary
shall ensure that--
``(i) grants awarded pursuant to this
paragraph are distributed equitably among the
regions of the country and among urban and
rural areas; and
``(ii) preference is given to applicants
with strong ties to minority communities and
those that offer services that are culturally
and linguistically appropriate.
``(C) Duration.--The Secretary shall award grants
under this paragraph for a period not to exceed 5
years. Such grants may be renewed.
``(2) Technical assistance.--The Secretary, acting through
the Administrator of the Substance Abuse and Mental Health
Services Administration, shall provide technical assistance to
entities awarded grants pursuant to paragraph (1) with respect
to the implementation of programs described in paragraph (3).
``(3) Use of funds.--An entity awarded a grant pursuant to
paragraph (1) shall--
``(A) establish and operate 1 or more
multidisciplinary integrated systems of community-based
care--
``(i) to include medical, social, and
behavioral services for the simultaneous and
coordinated treatment of trauma, substance
abuse, and psychiatric disorders, including
depression and anxiety disorders (including
post-traumatic stress disorder, psychotic, and
dissociative disorders);
``(ii) that specifically addresses the
impact of trauma on the lives of women
receiving services through the grant; and
``(iii) that may include services for
children of women who are survivors of trauma;
``(B) establish avenues for the involvement of
women who access the services described in subparagraph
(A), in all phases of service delivery and design
including in the development of individualized
treatment plans;
``(C) offer specialized and structured treatment
components addressing trauma that are culture- and
gender-specific;
``(D) implement collaboration among public and
private nonprofit entities likely to serve women with
histories of trauma including rape and domestic
violence programs, hospital emergency rooms,
appropriate branches of the criminal justice system,
low-income housing authorities, substance abuse and
mental health service providers, consolidated health
centers, battered women's shelters, and churches and
other community-based organizations;
``(E) undertake aggressive outreach efforts to
encourage women from minority communities, in
particular, to participate; and
``(F) offer educational materials or training,
through subparagraph (D) or other avenues, to agencies
and community-based organizations that serve women with
histories of trauma to increase awareness of the
devastating impact of chronic exposures to traumatic
experiences on women's mental health and of the need to
address this impact in the context of mental health and
substance abuse treatment.
``(4) Access to child care.--An entity awarded a grant
pursuant to paragraph (1) may use grant funds to provide child
care, either directly or through an off site, licensed child
care provider, to women offered services under such grant to
facilitate participation and address a primary barrier to care.
``(5) Application.--
``(A) In general.--Each entity desiring a grant
under this subsection shall submit an application to
the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
``(B) Contents.--Each application submitted
pursuant to subparagraph (A) shall--
``(i) describe the activities for which
assistance under this subsection is sought; and
``(ii) describe a plan for the rigorous
evaluation of such activities, including both
process and outcome evaluation, and the
submission of the evaluation at the end of the
project period.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $100,000,000
for fiscal year 2003, and such sums as may be necessary for
each fiscal year thereafter.''. | Women in Trauma Act of 2002 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to award grants to build treatment interventions simultaneously addressing trauma, substance abuse and psychiatric disorders, including the integration of existing interventions.Requires the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to make grants and provide technical assistance for the provision of comprehensive community-based mental health and substance abuse services to women with a history of physical or sexual abuse or other trauma. Targets minority community services. Requires such services to be multidisciplinary and provide coordinated and simultaneous treatment for multiple issues, be individualized as well as gender- and culture-specific, and include services for children, if needed. Authorizes the use of grant funds for childcare to facilitate participation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fight Russian Corruption Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Russian Federation uses corruption as a strategic
tool to erode democratic governance from within and discredit
the liberal democratic system, thereby strengthening Russia's
sphere of influence.
(2) Russia's ultimate goal is to dissolve the transatlantic
union by capitalizing on and exacerbating existing tensions
within European countries.
(3) In 2016, the Center for Strategic and International
Studies (CSIS) and the Centre for the Study of Democracy
concluded that Russia has cultivated an opaque network of
patronage across the region that it uses to influence and
direct decision-making. Russia seeks to gain influence over if
not control of critical state institutions, bodies, and the
economy and uses this influence to shape national policies and
decisions.
(4) Central and Eastern European leaders, including those
from Romania, the Czech Republic, Latvia, and Poland, have
warned that Russia engages in economic warfare by using
politically motivated investments to advance its agenda, and
seeks to challenge the transatlantic orientation of Central and
Eastern Europe.
(5) While countries along Russia's border, especially the
Baltic countries, Ukraine, and Georgia, are under threat from
Moscow's malign influence and military aggression, corruption
is also part of Russia's hybrid warfare strategy to use direct
and indirect action to coerce, destabilize and exercise malign
influence over other countries.
(6) Much like a virus, malign Russian-fueled corruption
inconspicuously penetrates a country through what appears to be
a host of legitimate financial transactions.
(7) According to CSIS, the corruption, often through opaque
financial transactions, infects various strategic sectors of
host economies, particularly energy, media, and financial
sectors. Over time, the host countries' institutions become
compromised and can no longer self-police or resist Russian
influence, thereby allowing Russian control over the
government.
(8) In France, Austria, Germany, and the United Kingdom,
Russia directly supports entities that feed directly off lack
of confidence and trust in democratic systems, which enhances
the popularity of extreme parties.
(9) The United States intelligence community concluded that
Russia deployed similar tactics in the 2016 United States
elections in order to erode public confidence and trust in the
United States political system.
(10) This strategy exploits the inherent openness and
vulnerabilities within Western capitalist systems. To combat
it, the United States must support efforts of foreign partner
countries to investigate corruption and strengthen fiscal
transparency.
(11) Only through strengthening Western governance and
institutions will the United States and its partners thwart
Russian tactics of corruption and exploitation and prevent
Russia's virus-like corruption from eroding democracy in the
United States.
SEC. 3. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN FINANCIAL
ACTIVITIES IN EUROPE.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 64. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN
FINANCIAL ACTIVITIES IN EUROPE.
``(a) Establishment.--The Secretary of State shall establish within
the Department of State the Office of Anti-Corruption relating to
Illicit Russian Financial Activities in Europe (in this section
referred to as the `Office').
``(b) Head of Office.--The head of the Office shall be the Director
of Anti-Corruption relating to Illicit Russian Financial Activities in
Europe (in this section referred to as the `Director'). The Director
shall be appointed by Secretary, in consultation with the Assistant
Secretary of State for European Affairs.
``(c) Functions.--The Office shall carry out the following
functions:
``(1) In coordination with the intelligence community,
analyze financial networks of the Russian Federation that
operate in European countries relating to investments in the
real estate, energy, media, infrastructure, philanthropy, civil
society, sports, nongovernmental organization, and other
sectors.
``(2) In coordination with the Secretary of the Treasury,
train United States liaison officers to serve in key United
States diplomatic and consular posts in European countries to
cooperate with foreign partners in the uncovering and
prosecution of illicit Russian financial activity.
``(d) Report.--
``(1) In general.--The Office shall develop and submit to
the appropriate congressional committees on an annual basis a
report on the conduct and results of activities of the Office
carried out under subsection (c) during the prior year.
``(2) Form.--The report required under this subsection
shall be submitted in unclassified form but may contain a
classified annex.
``(e) Personnel.--The Secretary of State is authorized to accept
details or assignments of any personnel on a reimbursable or
nonreimbursable basis for the purpose of carrying out this section, and
the head of any Federal agency is authorized to detail or assign
personnel of such agency on a reimbursable or nonreimbursable basis to
the Secretary for purposes of carrying out this section.
``(f) Appropriate Congressional Committees Defined.--The term
`appropriate congressional committees' means--
``(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
``(2) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate.''.
SEC. 4. FOREIGN ASSISTANCE AND RELATED MATTERS.
(a) Authority To Provide Foreign Assistance.--
(1) In general.--The Secretary of State is authorized to
provide assistance to European countries to combat corruption.
(2) Types of assistance.--Assistance authorized to be
provided under paragraph (1) may include the following:
(A) Support for activities described in paragraphs
(1) and (2) of section 64(c) of the State Department
Basic Authorities Act of 1956 (as added by section 3 of
this Act).
(B) Support for and strengthening of foreign
programs focused on investigative journalism and
independence of the media environment to expose Russian
corruption.
(C) Support for activities in Europe relating to
anti-corruption, anti-propaganda, and anti-Russian
malign influence.
(b) Matters Relating to NATO.--The Secretary of State shall seek to
work with the North Atlantic Treaty Organization (NATO) to carry out
the following actions:
(1) Elevate anti-corruption as an element of NATO's
Readiness Action Plan.
(2) Task the NATO Assistant Secretary General for
Intelligence and Warning with monitoring Russian influence in
NATO member states.
(3) Prioritizing the combating of Russian influence under
the NATO-European Union framework.
(c) EU-US Summit.--The Secretary of State, in coordination with the
Secretary of the Treasury, is authorized to host a summit between the
United States and the European Union on preventing undeclared, cross-
border money flows invested in strategic areas or economic sectors of
European countries.
SEC. 5. NATIONAL INTELLIGENCE ESTIMATE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
develop and submit to the appropriate congressional committees a
National Intelligence Estimate on the matters described in subsection
(b).
(b) Matters Described.--The matters described in this subsection
are the following:
(1) Any purchases made in the 5-year period ending on the
date of the enactment of this Act by individuals and entities
of key sectors in European countries, particularly purchases
that provide monopolistic control of a sector.
(2) A detailed analysis of the individuals and entities
making such purchases, including sources of revenue for each
individual and entity and any links to the Russian Federation.
SEC. 6. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State and the Secretary of Treasury shall jointly
submit to the appropriate congressional committees a report on the
implementation of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Finance of the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003). | Fight Russian Corruption Act This bill amends the State Department Basic Authorities Act of 1956 to require the Department of State to establish the Office of Anti-Corruption relating to Illicit Russian Financial Activities in Europe. Such office shall: (1) analyze financial networks of the Russian Federation operating in European countries that relate to real estate, energy, media, infrastructure, and other sectors; and (2) train U.S. liaison officers to serve in key U.S. diplomatic and consular posts in such countries to cooperate with foreign partners in uncovering and prosecuting illicit Russian financial activity. The bill authorizes the State Department to provide assistance to European countries to combat corruption, including to support: (1) activities of such office; (2) foreign programs focused on investigative journalism and independence of the media environment to expose Russian corruption; and (3) activities in Europe related to anti-corruption, anti-propoganda, and anti-Russian malign influence. The State Department shall seek to work with the North Atlantic Treaty Organization (NATO) to: (1) elevate anti-corruption as an element of NATO's Readiness Action Plan, (2) task the NATO Assistant Secretary General for Intelligence and Warning with monitoring Russian influence in NATO member states, and (3) prioritize the combating of Russian influence under the NATO-European Union framework. The Office of the Director of National Intelligence shall submit a National Intelligence Estimate on: (1) purchases made in the last five years by individuals and entities of key sectors in European countries, particularly purchases that provide monopolistic control of a sector; and (2) the individuals and entities making such purchases, including any links to the Russian Federation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Infrastructure Protection
Act'' or the ``CIPA''.
SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND
PREPAREDNESS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121)
is amended--
(1) in section 2 (6 U.S.C. 101), by inserting after
paragraph (6) the following:
``(6a) EMP.--The term `EMP' means--
``(A) an electromagnetic pulse caused by
intentional means, including acts of terrorism; and
``(B) a geomagnetic disturbance caused by solar
storms or other naturally occurring phenomena.'';
(2) in title V (6 U.S.C. 311 et seq.), by adding at the end
the following:
``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION.
``The Secretary, or the Secretary's designee, shall, to the extent
practicable--
``(1) include in national planning frameworks the threat of
EMP events; and
``(2) conduct outreach to educate owners and operators of
critical infrastructure, emergency planners, and emergency
response providers at all levels of government of the threat of
EMP events.'';
(3) in title III (6 U.S.C. 181 et seq.), by adding at the
end of the following:
``SEC. 318. EMP RESEARCH AND DEVELOPMENT.
``(a) In General.--In furtherance of domestic preparedness and
response, the Secretary, acting through the Under Secretary for Science
and Technology, and in consultation with other relevant agencies and
departments of the Federal Government and relevant owners and operators
of critical infrastructure, shall, to the extent practicable, conduct
research and development to mitigate the consequences of EMP events.
``(b) Scope.--The scope of the research and development under
subsection (a) shall include the following:
``(1) An objective scientific analysis of the risks to
critical infrastructures from a range of EMP events.
``(2) Determination of the critical national security
assets and vital civic utilities and infrastructures that are
at risk from EMP events.
``(3) An evaluation of emergency planning and response
technologies that would address the findings and
recommendations of experts, including those of the Commission
to Assess the Threat to the United States from Electromagnetic
Pulse Attack.
``(4) An analysis of technology options that are available
to improve the resiliency of critical infrastructure to EMP.
``(5) The restoration and recovery capabilities of critical
infrastructure under differing levels of damage and disruption
from various EMP events.''; and
(4) in section 201(d) (6 U.S.C. 121(d)), by adding at the
end the following:
``(26)(A) Prepare and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate--
``(i) a recommended strategy to protect and prepare
the critical infrastructure of the American homeland
against EMP events, including from acts of terrorism;
and
``(ii) biennial updates on the status of the
recommended strategy.
``(B) The recommended strategy shall--
``(i) be based on findings of the research and
development conducted under section 318;
``(ii) be developed in consultation with the
relevant Federal sector-specific agencies (as defined
under Homeland Security Presidential Directive-7) for
critical infrastructures;
``(iii) be developed in consultation with the
relevant sector coordinating councils for critical
infrastructures; and
``(iv) include a classified annex as needed.
``(C) The Secretary may, if appropriate, incorporate the
recommended strategy into a broader recommendation developed by
the Department to help protect and prepare critical
infrastructure from terrorism and other threats if, as
incorporated, the strategy complies with subparagraph (B).''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
such Act is amended--
(1) by adding at the end of the items relating to title V
the following:
``Sec. 526. National planning frameworks and education.'';
and
(2) by adding at the end of the items relating to title III
the following:
``Sec. 318. EMP research and development.''.
(c) Deadline for Recommended Strategy.--The Secretary of Homeland
Security shall submit the recommended strategy required under the
amendment made by subsection (a)(4) by not later than 1 year after the
date of the enactment of this Act.
(d) Report.--The Secretary shall submit a report to Congress by not
later than 180 days after the date of the enactment of this Act
describing the progress made in, and an estimated date by which the
Department of Homeland Security will have completed--
(1) including EMP (as defined in the amendment made by
subsection (a)(1)) threats in national planning frameworks;
(2) research and development described in the amendment
made by subsection (a)(3);
(3) development of the comprehensive plan required under
the amendment made by subsection (a)(4); and
(4) outreach to educate owners and operators of critical
infrastructure, emergency planners, and emergency response
providers at all levels of government regarding the threat of
EMP events.
SEC. 3. NO REGULATORY AUTHORITY.
Nothing in this Act, including the amendments made by this Act,
shall be construed to grant any regulatory authority.
SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS.
This Act, including the amendments made by this Act, may be carried
out only by using funds appropriated under the authority of other laws.
Passed the House of Representatives November 16, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on August 4, 2015. Critical Infrastructure Protection Act or CIPA (Sec. 2) Amends the Homeland Security Act of 2002 to define "EMP" to mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. Directs DHS to: (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events. Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act. | [
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] |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Immigrant Labor Policy Review Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The unemployment rate in the United States is at a
record low.
(2) Many industries in the United States, including
agriculture, tourism, construction, nursing, information
technology, and other portions of the service sector, are
experiencing labor shortages.
(3) The inability to secure sufficient workers is having a
detrimental impact on the economy of the United States and the
standard of living for all people in the United States.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the High Level
Commission on Immigrant Labor Policy (hereinafter in this Act referred
to as the ``Commission'').
SEC. 4. DUTIES.
(a) In General.--The Commission shall study the interactions
between Federal immigration policy and the labor markets for aliens in
the United States, including the following subjects:
(1) The adequacy of the supply of labor in the United
States and whether this supply needs to be further supplemented
with alien workers.
(2) The extent to which employers in the United States rely
upon the employment of a temporary workforce.
(3) The economic impact and desirability of maintaining
statutory caps on nonimmigrant workers.
(4) The extent to which employers in the United States rely
upon the employment of a workforce that includes or consists of
aliens who unlawfully enter or remain in the United States.
(5) The extent of unemployment and underemployment of
workers who are United States citizens or aliens lawfully
admitted to the United States for permanent residence.
(6) The effectiveness of United States labor policies in
stopping the flow into the United States of illegal immigrants.
(7) Any other subject necessary to permit the Commission to
prepare the reports required under section 8.
(b) Consultation.--In conducting the study, the Commission shall
consult with migrant labor groups, nonprofit organizations, labor
unions, pertinent business and agriculture associations and
organizations, State Governors, law enforcement associations and
organizations, and relevant executive branch agencies and congressional
committees.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall consist of 12
members, to be appointed as follows:
(1) 6 to be appointed by the President.
(2) 3 to be appointed by the Speaker of the House of
Representatives.
(3) 3 to be appointed by the President pro tempore of the
Senate.
(b) Consultations.--In making appointments under subsection (a)(1),
the President shall consult with--
(1) the Attorney General in appointing 1 member;
(2) the Chairman of the Federal Reserve Board in appointing
1 member;
(3) the Secretary of Commerce in appointing 2 members; and
(4) the Secretary of Agriculture in appointing 2 members.
(c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Chairperson.--The Chairman of the Federal Reserve Board (or the
Chairman of the Federal Reserve Board's designee) shall serve as the
chairperson of the Commission until such time as the members of the
Commission can elect a chairperson.
(f) Basic Pay.--Each member shall serve without pay. Each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
(g) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
(h) Meetings.--The Commission shall meet at the call of the
chairperson.
SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a director who shall be
appointed by the chairperson subject to rules prescribed by the
Commission.
(b) Staff.--Subject to rules prescribed by the Commission, the
chairperson may appoint and fix the pay of such additional personnel as
the chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to title 5,
United States Code, governing appointments in the competitive service,
and may be paid without regard to the requirements of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
(d) Experts and Consultants.--The chairperson may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-15 of
the General Schedule.
(e) Staff of Federal Agencies.--Upon request of the chairperson,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of the agency to the Commission to assist the
Commission in carrying out its duties.
SEC. 7. POWERS.
(a) Obtaining Official Data.--The chairperson may secure directly
from any Federal agency information necessary to enable the Commission
to carry out its duties. Upon request of the chairperson, the head of
the agency shall furnish such information to the Commission to the
extent such information is not prohibited from disclosure by law.
(b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(c) Administrative Support Services.--Upon the request of the
chairperson, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
(d) Contract Authority.--The chairperson may contract with and
compensate government and private agencies or persons for the purpose
of conducting research, surveys, and other services necessary to enable
the Commission to carry out its duties.
SEC. 8. REPORTS.
(a) Interim Report.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress an interim report on the following:
(1) The overall effectiveness of Federal immigration and
labor laws and policies in--
(A) protecting jobs held by citizens and nationals
of the United States, aliens who are lawfully admitted
to the United States for permanent residence, aliens
who are admitted as refugees or are granted asylum, and
other immigrants otherwise authorized to be employed in
the United States;
(B) preventing exploitation of alien immigrant and
nonimmigrant workers;
(C) reducing the number of illegal border crossings
into the United States; and
(D) reducing the numbers of aliens unlawfully
employed in the United States.
(2) The impact of statutory numerical limitations on the
entry of immigrants and nonimmigrants into the United States on
the achievement of the goals described in subparagraphs (A)
through (D) of paragraph (1).
(3) The impact of recent measures undertaken in border
areas to deter illegal border crossings on the achievement of
such goals.
(4) The impact of Federal alien labor laws and policies on
the overall economic performance within the United States and
economic performance within the following sectors:
(A) Agriculture.
(B) Tourism and service.
(C) Construction.
(D) Nursing and health care.
(E) Apparel.
(F) Information technology.
(b) Final Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress a final report that contains at least the
following:
(1) Information that updates the findings reported in the
interim report on each of the issues described in paragraphs
(1) through (4) of subsection (a).
(2) Recommendations for actions that the Commission
considers necessary--
(A) to curb illegal border crossings into the
United States;
(B) to curb unlawful employment of aliens in the
United States;
(C) to ensure adequate protection of the workers
described in subsection (a)(1)(A); and
(D) to ensure a stable and steady workforce for
industry in the United States.
(3) The viability of expanding the agricultural guest
worker program established under section 101(a)(15)(H)(ii)(a)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C.
1188) to any or all of the following United States industries:
(A) Tourism and service.
(B) Construction.
(C) Nursing and health care.
(D) Apparel.
(E) Information technology.
(4) Recommendations for any additional actions that the
Commission determines would improve Federal immigration or
labor laws or policies.
(5) Any other related information that the Commission
considers to be appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 6 months after the date on which the
Commission submits its final report under section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, which sums shall remain available
until expended. | Terminates the Commission six months after submission of its final report.
Authorizes appropriations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fix United States Government
Contracting Deficit with China Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) The purchase of government goods and services is an
important means through which the government fulfills its
constitutional duties to provide for the common defense and
promote the general welfare of the United States.
(2) American taxpayers expect that government procurement
serves the interests of all Americans.
(3) The United States and several of its trading partners
are signatories to the WTO Agreement on Government Procurement,
which holds that signatories agree to certain restraints with
regard to government procurement.
(4) However, the People's Republic of China is not a
signatory to the Agreement on Government Procurement, and that,
accordingly, it is not a violation of that agreement for the
Congress to establish procurement policies as best suit the
American public interest with regard to Chinese goods.
(5) China has structured its government procurement law to
favor its domestic goods, as noted in article 10 of such law.
(6) China has also recently announced a plan to favor so-
called ``indigenous innovation'' under which the Chinese
Government would expressly favor locally developed products and
technologies.
(7) American companies have had little or no success in
accessing Chinese Government procurement contracts, while
Chinese companies have had great success in selling goods for
United States Government projects.
(b) Statement of Policy.--Accordingly, it shall be the policy of
the United States to limit the total value of Chinese goods that may be
procured by the United States Government during a calendar year to not
more than the total value of United States goods procured by the
Chinese Government if any during the preceding calendar year.
SEC. 3. CERTIFICATION; PROHIBITION AND LIMITATION ON UNITED STATES
PROCUREMENT OF CHINESE GOODS.
(a) Certification.--Not later than March 1 of each year beginning
in 2012, the Secretary of Commerce shall submit to Congress a
certification in writing that contains the following:
(1) A determination of whether or not the Chinese
Government has prohibited the procurement of United States
goods by the Chinese Government during the preceding calendar
year.
(2) If the Chinese Government has not prohibited the
procurement of United States goods by the Chinese Government
during the preceding calendar year, an identification of the
total value of United States goods procured by the Chinese
Government during the preceding calendar year, as determined by
the International Trade Administration under section 4.
(b) Prohibition.--If the Secretary determines and certifies to
Congress under subsection (a)(1) that the Chinese Government has
prohibited the procurement of United States goods by the Chinese
Government during the preceding calendar year, then--
(1) the head of each executive agency may not award a
contract for the procurement of Chinese goods during the
succeeding calendar year; and
(2) the Secretary of Transportation shall prohibit a State
or other entity from using funds made available from the
Highway Trust Fund or the Airport and Airway Trust Fund for the
award of a contract for the procurement of Chinese goods during
the succeeding calendar year.
(c) Limitation.--
(1) In general.--If the Secretary determines and certifies
to Congress under subsection (a)(1) that the Chinese Government
has not prohibited the procurement of United States goods by
the Chinese Government during the preceding calendar year, then
the total value of Chinese goods that may be procured by the
United States Government during the succeeding calendar year
may not exceed the total value of United States goods procured
by the Chinese Government during the preceding calendar year,
as identified under subsection (a)(2).
(2) Rule of construction.--For purposes of determining the
total value of Chinese goods that may be procured by the United
States Government during a calendar year under paragraph (1),
the total value of Chinese goods procured by a State or other
entity using funds made available from the Highway Trust Fund
or the Airport and Airway Trust Fund during the preceding
calendar year shall be deemed to be Chinese goods procured by
the United States Government.
SEC. 4. ITA PROGRAM AND NOTIFICATION.
(a) Program.--The International Trade Administration shall
establish a program--
(1) to identify the total value of United States goods
procured by the Chinese Government on an annual basis, as
required under section 3(a)(2), including an accounting of the
value of such procurement; and
(2) to provide notification in accordance with subsection
(b).
(b) Notification.--The International Trade Administration shall
publish notice in the Federal Register on or as soon as practicable
after the date on which the total value of Chinese goods procured by
the United States Government equals 50 percent, 75 percent, and 100
percent of the total value of United States goods procured by the
Chinese Government during the preceding calendar year for purposes of
complying with the limitation under section 3(c).
SEC. 5. DEFINITIONS.
In this Act:
(1) Chinese good.--The term ``Chinese good'' means a good
that is the growth, product, or manufacture of the People's
Republic of China. A good shall be determined to be the
manufacture of the People's Republic of China for purposes of
this paragraph if the sum of--
(A) the cost or value of the materials produced in
China, plus
(B) the direct costs of processing operations
performed in China,
is not less than 50 percent of the appraised value of such good
at the time it is entered.
(2) Chinese government.--The term ``Chinese Government''
means the central government of the People's Republic of China
and any other governmental entity, including--
(A) any agency or instrumentality of the Chinese
Government;
(B) any entity that is owned or controlled,
directly or indirectly, by the Chinese Government; and
(C) any Chinese provincial or local governmental
entity.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) United states good.--The term ``United States good''
means a good that is the growth, product, or manufacture of the
United States. A good shall be determined to be the manufacture
of the United States for purposes of this paragraph if the sum
of--
(A) the cost or value of the materials produced in
the United States, plus
(B) the direct costs of processing operations
performed in the United States,
is not less than 50 percent of the appraised value of such good
at the time it is entered. | Fix United States Government Contracting Deficit with China Act - Directs the Secretary of Commerce to certify annually to Congress: (1) a determination of whether the Chinese government has prohibited its procurement of U.S. goods during the preceding calendar year; and (2) the total value of U.S. goods procured by the Chinesse government during that year, if the Chinese government has not prohibited such procurement.
Prohibits the head of each executive agency from awarding a contract for the procurement of Chinese goods during the succeeding calendar year if the Chinese government has prohibited procurement of U.S. goods during the preceding calendar year.
Directs the Secretary of Transportation (DOT), in such an instance, to prohibit a state or other entity from using funds made available to it from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year.
Limits the total value of Chinese goods that may be procured by the U.S. government during the succeeding calendar year to the total value of U.S. goods procured by the Chinese Government during the preceding calendar year, if in fact the Chinese government has not prohibited its procurement of U.S. goods during that preceding calendar year.
Directs the International Trade Administration to establish a program to: (1) identify annually the total value of U.S. goods procured by the Chinese government; and (2) provide notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the U.S. government equals 50%, 75%, and 100% of the total value of U.S. goods procured by the Chinese government during the preceding calendar year, for purposes of compliance with the limitation required by this Act. | [
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] |
SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN
AND FORCED TO PERFORM SLAVE LABOR DURING WORLD WAR II.
(a) Findings.--Congress makes the following findings:
(1) During World War II, members of the Armed Forces of the
United States fought valiantly against the Armed Forces of
Japan in the Pacific. In particular, from December 1941 until
May 1942, members of the Armed Forces of the United States
fought courageously against overwhelming Armed Forces of Japan
on Wake Island, Guam, the Philippine Islands, including the
Bataan Peninsula and Corregidor, and the Dutch East Indies,
thereby preventing Japan from accomplishing strategic
objectives necessary for achieving a preemptive military
victory in the Pacific during World War II.
(2) During initial military action in the Philippines,
members of the Armed Forces of the United States were ordered
to surrender on April 9, 1942, and were forced to march 65
miles to prison camps at Camp O'Donnell, Cabanatuan, and
Bilibid. More than 10,000 people of the United States died
during the march (known as the ``Bataan Death March'') and
during subsequent imprisonment as a result of starvation,
disease, and executions.
(3) Beginning in January 1942, the Armed Forces of Japan
began transporting United States prisoners of war to Japan,
Taiwan, Manchuria, and Korea to perform slave labor to support
Japanese industries. Many of the unmarked merchant vessels in
which the prisoners were transported (known as ``Hell Ships'')
were attacked by the Armed Forces of the United States, which,
according to some estimates, killed more than 3,600 people of
the United States.
(4) Following the conclusion of World War II, the
Government of the United States agreed to pay compensation to
former prisoners of war of the United States, amounting to
$2.50 per day of imprisonment. This compensation, paid from
assets of Japan frozen by the Government of the United States,
is wholly insufficient to compensate fully such former
prisoners of war for the conditions they endured. Neither the
Government of Japan nor any corporations of Japan admit any
liability requiring payment of compensation.
(5) Other countries, including Canada, the United Kingdom,
Isle of Man, Norway, the Netherlands, New Zealand, and
Australia have previously awarded such a compensation to their
surviving veterans who were captured by the Japanese during
World War II and required to perform slave labor. Currently,
the United States is the only Western Allied power that has not
awarded similar compensation to these distinguished heroes of
World War II who were prisoners of war of Japan.
(b) Purpose.--The purpose of this section is to recognize, by the
provision of compensation, the heroic contributions of the members of
the Armed Forces and civilian employees of the United States who were
captured by the Japanese military during World War II and denied their
basic human rights by being forced to perform slave labor by the
Imperial Government of Japan or by corporations of Japan during World
War II.
(c) Definitions.--In this section:
(1) Covered veteran or civilian internee.--The term
``covered veteran or civilian internee'' means any individual
who--
(A) is a citizen of the United States;
(B) was a member of the Armed Forces, a civilian
employee of the United States, or an employee of a
contractor of the United States during World War II;
(C) served in or with the Armed Forces during World
War II;
(D) was captured and held as a prisoner of war or
prisoner by Japan in the course of such service; and
(E) was required by the Imperial Government of
Japan, or one or more corporations of Japan, to perform
slave labor during World War II.
(2) Slave labor.--The term ``slave labor'' means forced
servitude under conditions of subjugation.
(d) Payment of Compensation Required.--
(1) In general.--Subject to the availability of
appropriated funds, the Secretary of Defense shall pay
compensation to each living covered veteran or civilian
internee, or to the surviving spouse of a covered veteran or
civilian internee, in the amount of $20,000.
(2) Rebuttable presumption.--An application for
compensation submitted under this section by or with respect to
an individual seeking treatment as a covered veteran or
civilian internee under this section is subject to a rebuttable
presumption that such individual is a covered veteran or
civilian internee if the application on its face provides
information sufficient to establish such individual as a
covered veteran or civilian internee.
(e) Relationship to Other Payments.--Any amount paid to a person
under this section for activity described in subsection (c)(1)(D) is in
addition to any other amount paid to such person for such activity
under any other provision of law.
(f) Inapplicability of Taxation or Attachment.--Any amount paid to
a person under this section shall not be subject to any taxation,
attachment, execution, levy, tax lien, or detention under any process
whatever. | Directs the Secretary of Defense to pay (subject to the availability of appropriated funds) a specified amount of compensation to those members of the Armed Forces and U.S. civilian employees, or to the surviving spouses of such members and employees, who were captured by Japan and who were used as slave labor during World War II. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Savings Through Public-
Private Partnerships Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private sector funding and expertise can help address
the energy efficiency challenges facing the United States.
(2) The Federal Government spends more than $6 billion
annually in energy costs.
(3) Reducing Federal energy costs can help save money,
create jobs, and reduce waste.
(4) Energy savings performance contracts and utility energy
service contracts are tools for utilizing private sector
investment to upgrade Federal facilities without any up-front
cost to the taxpayer.
(5) Performance contracting is a way to retrofit Federal
buildings using private sector investment in the absence of
appropriated dollars.
(6) Retrofits that reduce energy use also improve
infrastructure, protect national security, and cut facility
operations and maintenance costs.
SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
BUILDINGS.
(a) Energy Management Requirements.--Section 543(f)(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively and by moving the margins 2 ems to
the right;
(2) by striking ``Not later than'' and inserting the
following:
``(A) In general.--Not later than''; and
(3) by adding at the end the following new subparagraph:
``(B) Measures not implemented.--Each energy
manager, as part of the certification system under
paragraph (7) and using guidelines developed by the
Secretary, shall provide an explanation regarding any
life-cycle cost-effective measures described in
subparagraph (A)(i) that have not been implemented.''.
(b) Reports.--Section 548(b) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) the status of each agency's energy savings
performance contracts and utility energy service contracts, the
investment value of such contracts, the guaranteed energy
savings for the previous year as compared to the actual energy
savings for the previous year, the plan for entering into such
contracts in the coming year, and information explaining why
any previously submitted plans for such contracts were not
implemented.''.
(c) Federal Energy Management Definitions.--Section 551(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended
by striking ``or retrofit activities'' and inserting ``retrofit
activities, or energy consuming devices and required support
structures''.
(d) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is
amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) limit the recognition of operation
and maintenance savings associated with systems
modernized or replaced with the implementation
of energy conservation measures, water
conservation measures, or any series of energy
conservation measures and water conservation
measures.''.
(e) Miscellaneous Authority.--Section 801(a)(2) of the National
Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding
at the end the following:
``(H) Miscellaneous authority.--Notwithstanding any
other provision of law, a Federal agency may sell or
transfer energy savings and apply the proceeds of such
sale or transfer to fund a contract under this
title.''.
(f) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and
related operation and maintenance expenses)'' and inserting ``,
including related operations and maintenance expenses''.
(g) Energy Savings Performance Contracts Definitions.--Section
804(2) of the National Energy Conservation Policy Act (42 U.S.C.
8287c(2)) is amended--
(1) in subparagraph (A), by striking ``federally owned
building or buildings or other federally owned facilities'' and
inserting ``Federal building (as defined in section 551 (42
U.S.C. 8259))'' each place it appears;
(2) in subparagraph (C) , by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(E) the use, sale, or transfer of energy
incentives, rebates, or credits (including renewable
energy credits) from Federal, State, or local
governments or utilities; and
``(F) any revenue generated from a reduction in
energy or water use, more efficient waste recycling, or
additional energy generated from more efficient
equipment.''. | Energy Savings Through Public-Private Partnerships Act of 2014 - Amends the National Energy Conservation Policy Act (NECPA) to revise requirements for energy savings performance contracts. (These contracts allow federal agencies to work with private contractors on energy efficiency upgrades to federal facilities.) Directs each federal facility energy manager to provide an explanation regarding life cycle cost-effective measures that have not been implemented as part of the web-based compliance certification system. (Life cycle costs are the total cost of owning, operating, and maintaining a building over its useful life.) Requires the Department of Energy (DOE) to report to the President and Congress on each agency's energy savings performance contracts and utility energy service contracts, including their investment value and their energy savings. Expands the kinds of energy conservation measures that may be implemented under the contracts by including those involving energy consuming devices and required support structures. Prohibits agencies from limiting recognition of operation and maintenance savings associated with energy systems that were modernized or replaced with energy conservation measures and water conservation measures (e.g. lower energy and water bills thanks to energy efficiency and conservation measures). Authorizes agencies to sell or transfer energy savings and apply the proceeds to fund a contract. Expands the meaning of energy savings to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from federal, state, or local governments or utilities; and (2) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cure for AIDS Act of 2012''.
SEC. 2. SENSE OF CONGRESS; FINDINGS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) finding a cure is essential to ending the AIDS epidemic
in the United States and globally;
(2) AIDS treatment has saved millions of lives and also
makes it much less likely that HIV infection will be passed to
a partner;
(3) access to AIDS treatment in the United States and
globally needs to continue to be expanded but AIDS treatment is
not a cure and not the ultimate solution for the tens of
millions of people living with HIV/AIDS;
(4) the National Institutes of Health is the leading health
research organization in the world and has dedicated millions
of dollars to AIDS cure research;
(5) to accelerate AIDS cure research and product
development, it is becoming increasingly important to invest in
areas that can complement the essential role of the National
Institutes of Health; and
(6) a cure will save hundreds of millions of dollars in
spending and have a powerful positive economic impact globally.
(b) Findings.--Congress finds the following:
(1) It is estimated that in 2010 roughly 34,000,000 people
were living with HIV/AIDS worldwide.
(2) In the United States, 1,200,000 Americans are estimated
to be infected with the virus.
(3) Every 9.5 minutes, a citizen of the United States
becomes infected with HIV. Roughly 2,700,000 individuals,
including 390,000 children, became newly infected with HIV in
2010 alone.
(4) In fiscal year 2012, the Federal Government spent
$27,700,000,000 on HIV/AIDS, the largest component being
services and treatment for people living with HIV/AIDS in the
United States at a cost of $15,600,000,000. The average
lifetime cost of HIV treatment is estimated to be $367,134 per
person.
(5) In the last two years, discoveries have led to growing
optimism in the scientific community that a cure for AIDS can
be found. The eradication of HIV from the body of one
individual in Germany has led many scientific leaders to
believe that curing AIDS is now possible. Leading researchers
believe we are now at the cutting edge of scientific discovery
for an AIDS cure with a range of novel approaches being
explored, including stem cells, gene therapy, medications, and
immune response modifications, such as therapeutic vaccines.
SEC. 3. ESTABLISHMENT OF HIV/AIDS CONGRESSIONALLY DIRECTED MEDICAL
RESEARCH PROGRAM.
(a) Establishment of Research Program.--
(1) In general.--The Secretary of Defense, acting through
the Congressionally Directed Medical Research Program, shall
establish and support an accelerated research program dedicated
to the discovery of a cure for HIV/AIDS.
(2) Administration.--The Secretary shall carry out the
research program established under paragraph (1) in
collaboration with--
(A) the Director of the National Institutes of
Health;
(B) the Director of the National Institute of
Allergy and Infectious Diseases; and
(C) any head of a Federal agency that the Secretary
determines appropriate.
(b) Scope.--To provide the basis for developing a cure for HIV/
AIDS, the Secretary shall ensure that research conducted under
subsection (a)(1) is highly targeted to address the following
scientific questions and priorities:
(1) How HIV persists despite antiretroviral therapy.
(2) Where HIV persists beyond the reach of antiretroviral
therapy.
(3) Whether ongoing attempts of the immune system to clear
the infection actually hinders the ability of the medical
community to cure infected individuals.
(4) Why the immune system reduces but does not eliminate
levels of the virus.
(5) How to measure ultra-low levels of the virus in the
body of an infected individual.
(6) Identifying and testing interventions, such as drugs,
that may eliminate the virus from infected individuals.
(7) Identifying and testing interventions, such as
vaccines, that may help an infected individual permanently
control the virus without antiretroviral therapy.
(c) Assistance by Nonprofit Entities.--
(1) Coordination.--In carrying out the research program
established under subsection (a)(1), the Secretary shall
coordinate with at least one eligible nonprofit entity--
(A) whose primary mission is ending the AIDS
epidemic through innovative research; and
(B) that has experience carrying out programs
dedicated to AIDS cure research.
(2) Responsibilities.--The Secretary shall ensure that the
responsibilities of a nonprofit entity selected under paragraph
(1) include partnering with the Secretary to establish research
priorities for peer-reviewed funded research pursuant to
subsection (b).
(d) Annual Reports.--In each annual report on the Congressionally
Directed Medical Research Program that the Secretary submits to
Congress, the Secretary shall include information on the progress of
the research program established under subsection (a)(1).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2013 through 2017. | Cure for AIDS Act of 2012 - Directs the Secretary of Defense (DOD), through the Congressionally Directed Medical Research Program, to establish and support an accelerated research program dedicated to discovering a cure for HIV/AIDS.
Instructs the Secretary to collaborate with the Director of the National Institutes of Health (NIH), the Director of the National Institute of Allergy and Infectious Diseases, and other appropriate federal agencies.
Requires the Secretary to: (1) ensure that such research is highly targeted, (2) coordinate with at least one eligible nonprofit entity, and (3) ensure that the responsibilities of the non-profit entity include partnering with the Secretary in establishing research priorities. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Modernization Act''.
SEC. 2. ECONOMIC TRANSITION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986, as amended by section 13403(a) of
Public Law 115-97, is amended by adding at the end the following new
section:
``SEC. 45T. ECONOMIC TRANSITION CREDIT.
``(a) In General.--For purposes of section 38, the amount of the
economic transition credit determined under this section for the
taxable year shall be equal to the sum of any applicable payroll taxes
paid by an employer during the taxable year with respect to employment
of any qualified employee.
``(b) Definitions.--For purposes of this section:
``(1) Applicable payroll taxes.--
``(A) In general.--The term `applicable payroll
taxes' means, with respect to any employer for any
taxable year, the amount of the taxes imposed by--
``(i) section 3111 on wages paid by an
employer with respect to employment of
qualified employee during the applicable
period, and
``(ii) section 3221(a) on compensation paid
by an employer with respect to services
rendered by a qualified employee during the
applicable period.
``(B) Applicable period.--For purposes of
subparagraph (A), the term `applicable period' means
the 3-year period beginning with the day the qualified
employee begins work for the employer.
``(2) Declining field.--
``(A) In general.--The term `declining field' means
any occupation or field of work which has been
determined by the Secretary, in consultation with the
Bureau of Labor Statistics of the Department of Labor,
to have experienced a decline in the level of average
employment in such occupation or field in the United
States of not less than 8 percent over the most recent
3-year period for which such information is available.
``(B) Determination and publication.--The
Secretary, in consultation with the Bureau of Labor
Statistics of the Department of Labor, shall annually--
``(i) determine which occupations or fields
of work satisfy the requirements described in
subparagraph (A), and
``(ii) publish and make available on the
website of the Department of the Treasury a
complete list of such occupations and fields of
work.
``(3) Qualified employee.--
``(A) In general.--The term `qualified employee'
means an individual who--
``(i) is provided wages for employment by
the employer (as such terms are defined in
section 3121), provided that such employment is
not in a declining field,
``(ii) is not a covered employee (as
defined in section 162(m)(3)), and
``(iii) was employed in a declining field
for any period during the 12-month period
preceding the applicable period under paragraph
(1)(B).
``(B) Nonqualifying rehires.--The term `qualifying
employee' shall not include any individual who, prior
to the beginning of the applicable period under
paragraph (1)(B), had been employed by the employer at
any time.''.
(b) Credit Part of General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986, as amended by section 13403(b) of Public
Law 115-97, is amended by striking ``plus'' at the end of paragraph
(36), by striking the period at the end of paragraph (37) and inserting
``, plus'', and by adding at the end the following new paragraph:
``(38) the economic transition credit determined under
section 45T(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45T. Economic Transition Credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. ENHANCEMENTS TO CERTAIN EDUCATION TAX BENEFITS FOR
PROFESSIONALS IN SHORT SUPPLY.
(a) In General.--
(1) Publication.--For each calendar year beginning after
the date of the enactment of this Act, the Secretary of the
Treasury, in consultation with the Secretary of Labor, shall
publish and make available on the website of the Department of
the Treasury a list of any occupation or field of work which
qualifies as a short supply field for such calendar year.
(2) Short supply field.--The term ``short supply field''
means an occupation or field of work which the Secretary of the
Treasury, in consultation with the Secretary of Labor, has
determined--
(A) requires--
(i) theoretical and practical application
of a body of highly specialized knowledge; and
(ii)(I) attainment of a bachelor's or
higher degree in the specific specialty (or its
equivalent); or
(II) experience in the specialty equivalent
to the completion of such degree; and
(B) has an insufficient number of individuals who
are citizens or residents of the United States and are
qualified, willing, and able to satisfy the demand for
labor in such occupation or field of work.
(b) Enhancements to Certain Education Tax Benefits.--
(1) In general.--
(A) Educational assistance programs.--Paragraph (2)
of section 127(a) of the Internal Revenue Code of 1986
is amended by inserting ``(or, in the case of an
individual employed in an occupation or field of work
which has been designated as a short supply field for
such calendar year pursuant to section 3(a) of the
Economic Modernization Act, the first $15,000 of such
assistance so furnished)'' before the period at the
end.
(B) Interest on education loans.--Paragraph (1) of
section 221(b) of the Internal Revenue Code of 1986 is
amended by inserting ``(or, in the case of a individual
employed in an occupation or field of work which has
been designated, pursuant to section 3(a) of the
Economic Modernization Act, as a short supply field for
the calendar year in which such taxable year began,
shall not exceed $8,000)'' before the period at the
end.
(C) Qualified tuition and related expenses.--
Paragraph (1) of section 222(b) of the Internal Revenue
Code of 1986 is amended by inserting ``(or, in the case
of an individual employed in an occupation or field of
work which has been designated, pursuant to section
3(a) of the Economic Modernization Act, as a short
supply field for the calendar year in which such
taxable year began, an amount equal to the applicable
dollar limit multiplied by 2)'' before the period at
the end.
(2) Exclusion for certain employer payments of student
loans.--
(A) In general.--Paragraph (1) of section 127(c) of
the Internal Revenue Code of 1986 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) in the case of an employee employed in an
occupation or field of work which has been designated
as a short supply field for a calendar year pursuant to
section 3(a) of the Economic Modernization Act, the
payment by an employer during such calendar year,
whether paid to the employee or to a lender, of
principal or interest on any qualified education loan
(as defined in section 221(d)(1)) incurred by the
employee, and''.
(B) Conforming amendment; denial of double
benefit.--Paragraph (1) of section 221(e) of the
Internal Revenue Code of 1986 is amended by inserting
before the period the following: ``, or for which an
exclusion is allowable under section 127 to the
taxpayer's employer by reason of the payment by such
employer of any indebtedness on a qualified education
loan of the taxpayer''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 4. DEDUCTION OF QUALIFIED ENTERPRISE INCOME.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 181
the following new section:
``SEC. 182. QUALIFIED ENTERPRISE INCOME.
``(a) In General.--In the case of a qualified taxpayer, there shall
be allowed as a deduction an amount equal to any qualified enterprise
income of such taxpayer.
``(b) Limitation.--The amount of the deduction allowed under
subsection (a) for any taxable year shall not exceed an amount equal to
50 percent of the W-2 wages paid by the qualified taxpayer during such
taxable year.
``(c) Definitions.--In this section:
``(1) Qualified enterprise income.--
``(A) In general.--The term `qualified enterprise
income' means the amount equal to the excess (if any)
of--
``(i) the gross receipts of the qualified
taxpayer for the taxable year which are
properly allocable to a qualified facility,
over
``(ii) an amount equal to the sum of--
``(I) the cost of goods sold which
are allocable to such receipts, and
``(II) any other expenses, losses
or deductions (with the exception of
the deduction allowed under this
section) which are allocable to such
receipts.
``(B) Limitation.--The term `qualified enterprise
income' shall apply only to gross receipts described in
subparagraph (A) for the 3-taxable-year period
beginning after the qualified facility is placed in
service.
``(C) Method of allocation.--The Secretary shall
prescribe regulations for ensuring proper allocation of
amounts under subparagraph (A).
``(2) Qualified facility.--
``(A) In general.--The term `qualified facility'
means any nonresidential building (and its structural
components) which--
``(i) prior to 2000, was placed in service
and used in the active conduct of a trade or
business by a person other than the qualified
taxpayer,
``(ii) after being acquired by the
qualified taxpayer, has been substantially
rehabilitated,
``(iii) during the 2-year period prior to
commencement of rehabilitation by the qualified
taxpayer, was not used in the active conduct of
a trade or business, and
``(iv) is located within a State.
``(B) Substantial rehabilitation.--For purposes of
this paragraph, a building shall be deemed to have been
substantially rehabilitated only if--
``(i) not less than 50 percent of the
existing external walls of such building are
retained in place as external walls,
``(ii) not less than 75 percent of the
existing internal structural framework of such
building is retained in place, and
``(iii) the amount properly chargeable to
the capital account for any addition to or
improvement of the building is in excess of an
amount equal to the greater of--
``(I) the adjusted basis of such
building (and its structural
components), or
``(II) $20,000.
``(3) Qualified taxpayer.--The term `qualified taxpayer'
means the person that owns the qualified facility and directly
incurs not less than 50 percent of the expenses for
substantially rehabilitating such facility (under rules similar
to the rules applicable to self-rehabilitated buildings under
section 47(d)(4)).
``(4) State.--The term `State' means any State of the
United States or the District of Columbia or any Territory or
possession of the United States.
``(5) W-2 wages.--
``(A) In general.--The term `W-2 wages' means, with
respect to any person for any taxable year of such
person, the amounts described in paragraphs (3) and (8)
of section 6051(a) paid by such person with respect to
employment of employees by such person during the
calendar year ending during such taxable year.
``(B) Limitation to wages attributable to qualified
enterprise income.--Such term shall not include any
amount which is not properly allocable to qualified
enterprise income for purposes of subsection (c)(1).
``(C) Return requirement.--Such term shall not
include any amount which is not properly included in a
return filed with the Social Security Administration on
or before the 60th day after the due date (including
extensions) for such return.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 182. Qualified Enterprise Income.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Economic Modernization Act This bill amends the Internal Revenue Code to allow additional tax credits and deductions to assist employees who work in declining or short-supply fields. A "declining field" has experienced a decline in the level of average employment of at least 8% over the most recent 3-year period. A "short-supply" field: (1) requires theoretical and practical application of a body of highly specialized knowledge and certain degrees or experience in the specialty; and (2) has an insufficient number of U.S. citizens or residents who are qualified, willing, and able to satisfy the demand for labor in the occupation or field of work. For employers, the bill allows an economic transition tax credit for payroll taxes paid over a three-year period with respect to employees who previously worked in a declining field. For individuals employed in short-supply fields, the bill: increases the limit for the exclusion from gross income for employer-provided educational assistance programs and expands the exclusion to include payments of education loans, increases the limit for the deduction for interest on education loans, and increases the limit for the deduction for qualified tuition and related expenses. The bill also allows a deduction for companies that rehabilitate certain abandoned buildings. The deduction is equal to a portion of the income attributable to the rehabilitated building and may not exceed 50% of the wages paid by the company. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Treatment in Banking Act of
1994''.
SEC. 2. FAILURE TO ACCORD NATIONAL TREATMENT TO UNITED STATES BANKING
ORGANIZATIONS.
(a) Identifying Countries That May Be Denying National Treatment to
United States Banking Organizations.--The Secretary of the Treasury
shall identify, after consultation with the Federal banking agencies,
the extent to which foreign countries may be denying national treatment
to United States banking organizations--
(1) based on information relating to banking in the most
recent report under section 3602 of the Omnibus Trade and
Competitiveness Act of 1988 (or the most recent update of such
report); or
(2) based on more recent information that the Secretary
considers appropriate.
(b) Assessing Whether Possible Denial of National Treatment May Be
Having a Significant Adverse Effect.--
(1) In general.--The Secretary shall assess, after
consultation with the Federal banking agencies, whether the
possible denial of national treatment to United States banking
organizations by a foreign country identified under subsection
(a) may be having a significant adverse effect on such
organizations.
(2) Factors to be considered.--In making any assessment
under paragraph (1), the Secretary shall consider appropriate
factors, including the following:
(A) The extent of United States trade with and
investment in the foreign country, the size of the
foreign country's markets for banking services, and the
extent to which United States banking organizations
operate or seek to operate in those markets.
(B) The importance of operations by United States
banking organizations in the foreign country to the
export of goods and services by United States firms to
such country.
(C) The extent to which the foreign country
provides in advance to United States banking
organizations a written draft of any measure of general
application that the country proposes to adopt, such as
regulations, guidelines, or other policies regarding
new products and services, in order to allow an
opportunity for such organizations to comment on the
measure and for such comments to be taken into account
by the foreign country.
(D) The extent to which the foreign country--
(i) makes available, in writing, to United
States banking organizations the foreign
country's requirements for completing any
application relating to the provision of
financial services by any such organization;
(ii) applies published, objective standards
and criteria in evaluating any such application
from any United States banking organization;
and
(iii) renders administrative decisions
relating to any such application within a
reasonable period of time.
(3) Solicitation of comments.--Before making any assessment
under paragraph (1), the Secretary may solicit comments
concerning the effect of the possible denial of national
treatment on United States banking organizations from
interested parties.
(c) Publication.--The Secretary may publish a notice in the Federal
Register of--
(1) any assessment made under subsection (b)(1) with
respect to any country; and
(2) any change made with respect to any assessment under
such subsection which was previously published in the Federal
Register.
(d) Definitions.--The following definitions shall apply for
purposes of this section:
(1) Banking organization.--
(A) In general.--The term ``banking organization''
means any bank, any bank holding company (including any
company required to file reports pursuant to section
4(f)(6) of the Bank Holding Company Act of 1956), and
any savings and loan holding company (as such term is
defined in section 10(a)(1)(D) of the Home Owners' Loan
Act).
(B) Banking terms.--For purposes of this paragraph,
the terms ``bank'' and ``bank holding company'' have
the same meaning as in section 2 of the Bank Holding
Company Act of 1956.
(2) Federal banking agencies.--The term ``Federal banking
agencies'' has the same meaning as in section 3(z) of the
Federal Deposit Insurance Act.
(3) National treatment.--The term ``national treatment''
means, with respect to any foreign country, treatment that
offers United States banking organizations the same competitive
opportunities (including effective market access) in such
country as are available to the foreign country's domestic
banking organizations in like circumstances.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. APPLICATIONS BY FOREIGN BANKS AND OTHER PERSONS OF A FOREIGN
COUNTRY.
(a) Applications Under the International Banking Act of 1978.--
Section 7(d) of the International Banking Act of 1978 (12 U.S.C.
3105(d)) is amended by adding at the end the following new paragraph:
``(6) Additional standard.--In acting on any application
under paragraph (1), the Board shall take into account whether
the Secretary of the Treasury has published a notice, in
accordance with section 2(c) of the National Treatment in
Banking Act of 1994, that the possible denial of national
treatment to United States banking organizations by the foreign
bank's home country identified under section 2(a) of such Act
may be having a significant adverse effect on such
organizations.''.
(b) Applications Under the Bank Holding Company Act of 1956.--
Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is
amended by adding at the end the following new subsection:
``(g) Applications by a Foreign Bank.--In considering any
application or notice under section 3 or 4 by any foreign bank (as
defined in section 1(b) of the International Banking Act of 1978), the
Board shall take into account whether the Secretary of the Treasury has
published a notice, in accordance with section 2(c) of the National
Treatment in Banking Act of 1994, that the possible denial of national
treatment to United States banking organizations by the foreign bank's
home country identified under section 2(a) of such Act may be having a
significant adverse effect on such organizations.''.
(c) Amendment to Change in Bank Control Act.--Section 7(j) of the
Federal Deposit Insurance Act (12 U.S.C. 1817(j)) is amended by adding
at the end the following new paragraph:
``(19) Notice by a person of a foreign country.--
``(A) In general.--In considering a notice under
this subsection by a person of a foreign country, the
appropriate Federal banking agency shall take into
account whether the Secretary of the Treasury has
published a notice, in accordance with section 2(c) of
the National Treatment in Banking Act of 1994, that the
possible denial of national treatment to United States
banking organizations by such person's home country
identified under section 2(a) of such Act may be having
a significant adverse effect on such organizations.
``(B) Person of a foreign country defined.--For
purposes of this paragraph, the term `person of a
foreign country' means--
``(i) any entity that--
``(I) is organized under the laws
of the foreign country, or
``(II) has the entity's principal
place of business in the foreign
country;
``(ii) an individual who--
``(I) is a citizen of the foreign
country, or
``(II) is domiciled in the foreign
country; and
``(iii) any person that is, directly or
indirectly, under the control of any entity or
individual described in clause (i) or (ii).''.
(d) Amendment to National Bank Act.--Section 5155 of the Revised
Statutes (12 U.S.C. 36) is amended by adding at the end the following
new subsection:
``(i) Application by a Bank Which Is a Person of a Foreign
Country.--In considering any application under this section by any bank
which is a person of a foreign country (as defined in section
7(j)(19)(B) of the Federal Deposit Insurance Act), the Comptroller of
the Currency shall take into account whether the Secretary of the
Treasury has published a notice, in accordance with section 2(c) of the
National Treatment in Banking Act of 1994, that the possible denial of
national treatment to United States banking organizations by such
person's home country identified under section 2(a) of such Act may be
having a significant adverse effect on such organizations.''.
(e) Amendment to Federal Deposit Insurance Act.--Section 18(c) of
the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by
adding at the end the following new paragraph:
``(12) Application by a bank which is a person of a foreign
country.--In considering any merger transaction under this
subsection involving any bank which is a person of a foreign
country (as defined in section 7(j)(19)(B)), the responsible
agency shall take into account whether the Secretary of the
Treasury has published a notice, in accordance with section
2(c) of the National Treatment in Banking Act of 1994, that the
possible denial of national treatment to United States banking
organizations by such person's home country identified under
section 2(a) of such Act may be having a significant adverse
effect on such organizations.''.
(f) Amendment to Federal Reserve Act.--The 3d undesignated
paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 321) is
amended in the proviso by inserting ``, including section 5155(i) of
the Revised Statutes,'' after ``limitations and restrictions''.
SEC. 4. CONSISTENCY WITH BILATERAL AND MULTILATERAL AGREEMENTS.
No authority under this Act or any amendment made by this Act to
any other law may be used to take any action with respect to a foreign
country which is inconsistent with any bilateral or multilateral
agreement that governs financial services in which such country is
obligated to provide national treatment for United States banking
organizations.
Passed the House of Representatives September 30, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | National Treatment in Banking Act of 1994 - Directs the Secretary of the Treasury to: (1) identify the extent to which foreign countries may be denying national treatment to U.S. banking organizations; and (2) assess whether the possible denial of national treatment to such banking organizations may be having a significant adverse effect upon them. Authorizes the Secretary to publish notice of such assessments in the Federal Register.
Amends the International Banking Act of 1978, the Bank Holding Company Act of 1956, the Federal Deposit Insurance Act, and the National Bank Act to direct the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency to take into account whether the Secretary has published such notice in the Federal Register when considering applications by foreign banks or other persons of a foreign country.
Declares that no authority under this Act or any amendment it makes to any other law may be used to take any action with respect to a foreign country which is inconsistent with any bilateral or multilateral agreement that governs financial services in which such country is obligated to provide national treatment for U.S. banking organizations. | [
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SECTION 1. EXCISE TAXES ON ACTS OF SELF-DEALING AND PRIVATE INUREMENT
BY CERTAIN TAX-EXEMPT ORGANIZATIONS.
(a) In General.--Chapter 42 of the Internal Revenue Code of 1986
(relating to private foundations and certain other tax-exempt
organizations) is amended by redesignating subchapter D as subchapter E
and by inserting after subchapter C the following new subchapter:
``Subchapter D--Acts of Self-Dealing and Private Inurement by Certain
Exempt Organizations
``Sec. 4958. Taxes on certain acts of
self-dealing.
``Sec. 4959. Taxes on private inurement.
``Sec. 4960. Other definitions.
``SEC. 4958. TAXES ON CERTAIN ACTS OF SELF-DEALING.
``(a) Initial Taxes.--
``(1) On self-dealer.--There is hereby imposed a tax on
each act of self-dealing between a disqualified person and an
applicable tax-exempt organization. The amount of such tax
shall be 5 percent of the amount involved with respect to the
act of self-dealing for each year (or part thereof) in the
taxable period. The tax imposed by this paragraph shall be paid
by any disqualified person (other than an organization manager
acting only as such) who participates in the act of self-
dealing.
``(2) On organization manager.--In any case in which a tax
is imposed by paragraph (1), there is hereby imposed on the
participation of any organization manager in any act of self-
dealing between a disqualified person and an applicable tax-
exempt organization, knowing that it is such an act, a tax
equal to 2.5 percent of the amount involved with respect to
such act of self-dealing for each year (or part thereof) in the
taxable period, unless such participation is not willful and is
due to reasonable cause. The tax imposed by this paragraph
shall be paid by any organization manager who participated in
the act of self-dealing.
``(b) Additional Taxes.--
``(1) On self-dealer.--In any case in which an initial tax
is imposed by subsection (a)(1) on any act of self-dealing
between a disqualified person and an applicable tax-exempt
organization and such act is not corrected within the taxable
period, there is hereby imposed a tax equal to 200 percent of
the amount involved. The tax imposed by this paragraph shall be
paid by any disqualified person (other than an organization
manager acting only as such) who participated in the act of
self-dealing.
``(2) On organization manager.--In any case in which an
additional tax is imposed by paragraph (1), if an organization
manager refused to agree to part or all of the correction,
there is hereby imposed a tax equal to 50 percent of the amount
involved. The tax imposed by this paragraph shall be paid by
any organization manager who refused to agree to part or all of
the correction.
``(c) Special Rules.--
``(1) Joint and several liability.--If more than one person
is liable under any paragraph of subsection (a) or (b) with
respect to any one act of self-dealing, all such persons shall
be jointly and severally liable under such paragraph with
respect to such act.
``(2) $10,0000 limit for management.--With respect to any
one act of self-dealing, the maximum amount of the tax imposed
by subsection (a)(2) shall not exceed $10,000, and the maximum
amount of the tax imposed by subsection (b)(2) shall not exceed
$10,000.
``(d) Self-Dealing.--For purposes of this section--
``(1) In general.--Except as provided by paragraph (2), the
term `self-dealing' means any direct or indirect--
``(A) transfer, lease, or license of property
between an applicable tax-exempt organization and a
disqualified person, and
``(B) lending of money or other extension of credit
between an applicable tax-exempt organization and a
disqualified person.
``(2) Exceptions.--The term `self-dealing' shall not
include--
``(A) the lending of money by a disqualified person
to an applicable tax-exempt organization if the loan is
without interest or other charge (determined without
regard to section 7872) and if the proceeds of the loan
are used exclusively for exempt purposes,
``(B) the furnishing of goods or facilities by a
disqualified person to an applicable tax-exempt
organization if the furnishing is without charge and if
the goods or facilities so furnished are used
exclusively for exempt purposes, and
``(C) any transfer, lease, or license of property
if--
``(i) such transfer, lease, or license (as
the case may be) is by a disqualified person in
the ordinary course of such disqualified
person's trade or business and such transaction
is on a basis comparable to the basis on which
similar transactions are made in the ordinary
course of such trade or business with other
parties, or
``(ii) such transfer, lease, or license (as
the case may be) is by an applicable tax-exempt
organization in the ordinary course of its
activities and such transaction is made on a
basis comparable to the basis on which similar
transactions are made in the ordinary course of
such activities with other parties.
``(3) Exempt purpose.--For purposes of paragraph (2), the
term `exempt purpose' means--
``(A) in the case of an organization described in
section 501(c)(3), any purpose specified in section
501(c)(3), and
``(B) in the case of an organization described in
section 501(c)(4), any purposes specified in section
501(c)(4).
``(e) Other Definitions.--For purposes of this section--
``(1) Taxable period.--The term `taxable period' means,
with respect to any act of self-dealing, the period beginning
with the date on which the act of self-dealing occurs and
ending on the earliest of--
``(A) the date of mailing a notice of deficiency
under section 6212 with respect to the tax imposed by
subsection (a)(1),
``(B) the date on which the tax imposed by
subsection (a)(1) is assessed, or
``(C) the date on which correction of the act of
self-dealing is completed.
``(2) Amount involved.--The term `amount involved' means,
with respect to any act of self-dealing, the greater of the
amount of money and fair market value of other property given,
or the amount of money and fair market value of other property
received. In the case of a lease or license, the amount
involved is the fair market value of the leased or licensed
property. For purposes of this paragraph--
``(A) in the case of the taxes imposed by
subsection (a), fair market value shall be determined
as of the date on which the act of self-dealing occurs,
and
``(B) in the case of the taxes imposed by
subsection (b), fair market value shall be the highest
fair market value during the taxable period.
``(3) Correction.--The terms `correction' and `correct'
mean, with respect to any act of self-dealing transaction,
undoing the transaction to the extent possible, but in any case
place the applicable tax-exempt organization in a financial
position not worse than that in which it would be if the
disqualified person were dealing under the highest fiduciary
standards.
``SEC. 4959. TAXES ON PRIVATE INUREMENT.
``(a) Initial Taxes.--
``(1) On the organization.--There is hereby imposed on any
taxable inurement a tax equal to 10 percent of the amount
thereof. The tax imposed by this paragraph shall be paid by the
organization with respect to which such inurement occurred.
``(2) On the management.--There is hereby imposed on the
participation of any organization manager of an organization in
any taxable inurement which occurs with respect to such
organization, knowing that it is taxable inurement, a tax equal
to 2\1/2\ percent of the amount thereof, unless such
participation is not willful and is due to reasonable cause.
The tax imposed by this paragraph shall be paid by the
organization manager who participated in the taxable inurement.
``(3) On the beneficiary.--There is hereby imposed on any
taxable inurement a tax equal to 5 percent of the amount
thereof. The tax imposed by this paragraph shall be paid by the
beneficiary of such inurement.
``(b) Additional Taxes.--
``(1) On the organization.--In any case in which an initial
tax is imposed by subsection (a)(1) on any taxable inurement
and such inurement is not corrected within the taxable period,
there is hereby imposed a tax equal to 100 percent of the
amount of the taxable inurement. The tax imposed by this
paragraph shall be paid by the organization with respect to
which such inurement occurred.
``(2) On the management.--In any case in which an
additional tax is imposed by paragraph (1), if an organization
manager refused to agree to part or all of the correction,
there is hereby imposed a tax equal to 50 percent of the amount
of the taxable inurement. The tax imposed by this paragraph
shall be paid by any organization manager who refused to agree
to part or all of the correction.
``(3) On the beneficiary.--In any case in which an
additional tax is imposed by paragraph (1), there is hereby
imposed a tax equal to 200 percent of the amount of the taxable
inurement. The tax imposed by this paragraph shall be paid by
the beneficiary of such inurement.
``(c) Taxable Inurement.--For purposes of this section, the term
`taxable inurement' means any direct or indirect inurement of any part
of the net earnings of an applicable tax-exempt organization to the
benefit of any disqualified person. Such term shall not include any act
of self-dealing on which tax is imposed under section 4958.
``(d) Special Rules.--For purposes of this section--
``(1) Joint and several liability.--If more than one person
is liable under any paragraph of subsection (a) or (b) with
respect to any one taxable inurement, all such persons shall be
jointly and severally liable under such paragraph with respect
to such inurement.
``(2) Limit for management.--With respect to any 1 taxable
inurement, the maximum amount of the tax imposed by subsection
(a)(2) shall not exceed $10,000, and the maximum amount of the
tax imposed by subsection (b)(2) shall not exceed $10,000.
``(e) Other Definitions.--For purposes of this section--
``(1) Taxable period.--The term `taxable period' means,
with respect to any taxable inurement, the period beginning
with the date on which the inurement occurs and ending on the
earliest of--
``(A) the date of mailing a notice of deficiency
under section 6212 with respect to the tax imposed by
subsection (a)(1), or
``(B) the date on which the tax imposed by
subsection (a)(1) is assessed.
``(2) Correction.--The terms `correction' and `correct'
mean, with respect to any taxable inurement, undoing the
inurement to the extent possible, establishing safeguards to
prevent future taxable inurement, and where fully undoing the
inurement is not possible, such additional corrective action as
is prescribed by the Secretary by regulations.
``SEC. 4960. OTHER DEFINITIONS.
``(a) Applicable Tax-Exempt Organization.--For purposes of this
subchapter, the term `applicable tax-exempt organization' means any
organization which (without regard to any act of self-dealing or
taxable inurement) would be described in paragraph (3) or (4) of
section 501(c) and exempt from tax under section 501(a). Such term
shall not include any private foundation.
``(b) Disqualified Person.--For purposes of this subchapter, the
term `disqualified person' means, with respect to any transaction--
``(1) any person who was an organization manager at any
time during the 5-year period ending on the date of such
transaction,
``(2) any member of a family (as defined in section
4946(d)) of any person described in paragraph (1), and
``(3) any 35-percent controlled entity of persons described
in paragraph (1) or (2).
``(c) Organization Manager.--For purposes of this subchapter, the
term `organization manager' means, with respect to any applicable tax-
exempt organization, any officer, director, or trustee of such
organization (or any individual having powers or responsibilities
similar to those of officers, directors, or trustees of the
organization). Such term includes any person performing substantial
medical services as a physician for the applicable tax-exempt
organization pursuant to an employment or other contractual
relationship.
``(d) 35-Percent Controlled Entity.--For purposes of this section--
``(1) 35-percent controlled entity.--The term `35-percent
controlled entity' means--
``(A) a corporation in which persons described in
paragraph (1) or (2) of subsection (b) own more than 35
percent of the combined voting power,
``(B) a partnership in which such persons own more
than 35 percent of the profits interest, and
``(C) a trust or estate in which such persons own
more than 35 percent of the beneficial interest.
``(2) Constructive ownership rules.--Rules similar to the
rules of paragraphs (3) and (4) of section 4946(a) shall apply
for purposes of this subsection.''
(b) Application of Private Inurement Rule to Tax-Exempt Civic
Leagues.--Paragraph (4) of section 501(c) of such Code is amended to
read as follows:
``(4)(A) Civic leagues or organizations not organized for
profit but operated exclusively for the promotion of social
welfare and no part of the net earnings of which inures to the
benefit of any private shareholder or individual.
``(B) Local associations of employees--
``(i) the membership of which is limited to the
employees of a designated person or persons in a
particular municipality, and
``(ii) which is operated exclusively for
charitable, educational, or recreational purposes.''
(c) Technical and Conforming Amendments.--
(1) Subsection (e) of section 4955 of such Code is
amended--
(A) by striking ``Section 4945'' in the heading and
inserting ``Sections 4945 and 4959'', and
(B) by inserting before the period ``or a taxable
inurement for purposes of section 4959''.
(2) Subsections (a), (b), and (c) of section 4963 of such
Code are each amended by inserting ``4958, 4959,'' after
``4955,''.
(3) Subsection (e) of section 6213 of such Code is amended
by inserting ``4958 (relating to acts of self-dealing), 4959
(relating to private inurement),'' before ``4971''.
(4) The table of subchapters for chapter 42 of such Code is
amended by striking the last item and inserting the following:
``Subchapter D. Acts of self-dealing and
private inurement by certain
exempt organizations.
``Subchapter E. Abatement of first and
second tier taxes in certain
cases.''
(d) Effective Date.--The amendments made by this section shall
apply to transactions occurring on or after January 1, 1994. | Amends the Internal Revenue Code to impose an excise tax on: (1) each act of self-dealing between a disqualified person and a tax-exempt organization; and (2) any direct or indirect inurement of net earnings of a tax-exempt organization to the benefit of any disqualified person.
Describes a disqualified person as: (1) any organization manager; (2) any family member of an organization manager; or (3) any 35-percent controlled entity of such persons. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Nuclear Trade Prohibition
Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Iran has pursued a nuclear program with assistance from
foreign entities and foreign governments.
(2) It is important that Iran not seek to develop nuclear
weapons under the cover of a civilian nuclear power program.
(3) The Government of Iran has asserted that its nuclear
program is for peaceful purposes, however, that Government has
supported terrorist organizations and uses harsh rhetoric
towards allies of the United States in the Middle East, and the
United States has expressed great concern with Iran's nuclear
ambitions and has worked with United States allies to end
Iran's nuclear program.
(4) In October 2003, the Government of Iran promised it
would suspend uranium enrichment activities, but broke that
promise less than a year later.
(5) In November 2004, the Government of Iran, in concert
with talks with representatives of the Governments of Britain,
France, and Germany (the ``EU-3'') agreed to suspend all
uranium enrichment and reprocessing activities related to
Iran's nuclear program under the terms of the agreement made
between the Islamic Republic of Iran and France, Germany and
the United Kingdom, with the support of the High Representative
of the European Union (the ``Paris Agreement'').
(6) The EU-3 agreed to support the United States in taking
Iran's nuclear program to the United Nations Security Council
if Iran resumed its nuclear activities.
(7) In concert with the Paris Agreement, the President
announced that the United States will drop its opposition to
Iran's application to join the World Trade Organization and
permit, on a case-by-case basis, the licensing of spare parts
for Iranian commercial aircraft.
(8) Iran's uranium enrichment program is likely to be
dispersed throughout the country, protected in hardened
infrastructure, and highly mobile.
(9) The Parliament of Iran passed a nonbinding resolution
insisting that the Government of Iran resume developing nuclear
fuel.
(10) That resolution stated that Iran should develop enough
nuclear fuel to generate 20,000 megawatts of electricity.
(11) In February 2005, the Atomic Energy Agency of Russia
announced that Russia would ship nuclear fuel to Iran's
Busheher nuclear reactor.
(12) Russia pledged to provide fuel to this facility for 10
years and, under the commitment, Iran has pledged to return
spent fuel to Russia for storage.
(13) Russia remains the only major nuclear fuel market
closed to outside competition and 100 percent of Russia's
nuclear fuel industry is owned by the Government of Russia.
(14) Iran is the fourth-largest oil producer in the world.
(15) Iran has a wealth of natural gas and crude oil
reserves and it is estimated that Iran plans to invest
$104,000,000,000 by 2015 in natural gas production and that
Iran plans to increase crude oil production to 7,000,000
barrels a day by 2020.
SEC. 3. SENSE OF CONGRESS ON TRADE RELATIONS WITH STATE SPONSORS OF
TERRORISM.
It is the sense of Congress that the countries of the world should
choose between trading with state sponsors of terrorism or maintaining
good trade relations with the United States.
SEC. 4. PROHIBITION OF ENTRY OF NUCLEAR FUEL ASSEMBLIES.
The Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is
amended by inserting after section 10 the following new section:
``SEC. 10A. PROHIBITION OF ENTRY TO NUCLEAR FUEL ASSEMBLIES TO THE
UNITED STATES.
``(a) In General.--Subject to subsection (b), the President shall
prohibit the United States, or any entity of the United States, from
purchasing nuclear fuel assemblies from any person or government
entity, or any entity affiliated with such person or entity, that sells
nuclear fuel assemblies to Iran.
``(b) Waiver.--The President may waive the prohibition in
subsection (a) if the President--
``(1) determines that the waiver is in the national
security interest of the United States; and
``(2) at least 7 days before the waiver takes effect,
notifies the required congressional committees of the
President's intention to exercise the waiver.
``(c) Definitions.--In this section:
``(1) Nuclear fuel assemblies.--The term `nuclear fuel
assemblies' does not include low-enriched uranium (LEU). For
the purpose of the preceding sentence the term `low-enriched
uranium' means a product produced using blended down weapons-
grade and highly-enriched uranium (HEU) that is provided by the
Russian entity Techsnabexport (also known as TENEX) in
cooperation with the U.S. Enrichment Corporation, a subsidiary
of USEC, Inc.
``(2) Required congressional committees.--The term
`required congressional committees' means the Committee on
Armed Services, the Committee on Finance, and the Committee on
Foreign Relations of the Senate and the Committee on Armed
Services, the Committee on International Relations, and the
Committee on Ways and Means of the House of Representatives.''. | Iranian Nuclear Trade Prohibition Act of 2005 - Expresses the sense of Congress that countries should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States.
Amends the Iran and Libya Sanctions Act of 1996 to direct the President to prohibit the United States or any U.S. entity from purchasing nuclear fuel assemblies (not including low-enriched uranium) from any person or government or affiliated entity that sells nuclear fuel assemblies to Iran. Authorizes the President, with congressional notification, to waive such prohibition for national security purposes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continued Dumping or Subsidy Offset
Act of 1999''.
SEC. 2. FINDINGS OF CONGRESS.
Congress makes the following findings:
(1) Consistent with the rights of the United States under
the World Trade Organization, injurious dumping is to be
condemned and actionable subsidies which cause injury to
domestic industries must be effectively neutralized.
(2) United States unfair trade laws have as their purpose
the restoration of conditions of fair trade so that jobs and
investment that should be in the United States are not lost
through false market signals.
(3) The continued dumping or subsidization of imported
product after the issuance of antidumping orders or findings or
countervailing duty orders can frustrate the remedial purpose
of the laws by preventing market prices from returning to fair
levels.
(4) Where dumping or subsidization continues, domestic
producers will be reluctant to reinvest or rehire and may be
unable to maintain pension and health care benefits that
conditions of fair trade would permit. Similarly, small
businesses and America's farmers and ranchers may be unable to
pay down accumulated debt, to obtain working capital or
otherwise remain viable.
(5) United States trade laws should be strengthened to see
that the remedial purpose of the laws is achieved in fact.
SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) In General.--Chapter 1 of subtitle C of title VII of the Tariff
Act of 1930 (19 U.S.C. 1675 et seq.) is amended by adding at the end
the following new section:
``SEC. 754. CONTINUED DUMPING OR SUBSIDY OFFSET.
``(a) In General.--Whenever continued dumping or subsidization is
found to exist by the administering authority under section 751(a) of
this Act or by operation of law, any duties assessed shall be
distributed to the affected domestic producers for qualifying
expenditures on an annual basis. Such disbursement shall be known as
the `continued dumping or subsidy offset'.
``(b) Definitions.--As used in this section:
``(1) The term `affected domestic producer' means any
manufacturer, producer, farmer, rancher or worker
representative, including associations of such individuals and
entities, that was a petitioner or interested party in support
of the petition with respect to which an antidumping duty
finding or order or countervailing duty order has been entered
and remains in operation. Companies or businesses that have
ceased the production of the product covered by the order or
finding or who have been acquired by a company or business that
is related to a company that opposed the investigation shall
not be an affected domestic producer.
``(2) The term `Commissioner' means the Commissioner of the
United States Customs Service.
``(3) The term `Commission' means the United States
International Trade Commission.
``(4) The term `qualifying expenditure' means an
expenditure incurred after the issuance of the antidumping duty
finding or order or countervailing duty order in any of the
following categories:
``(A) plant;
``(B) equipment;
``(C) research and development;
``(D) personnel training;
``(E) acquisition of technology;
``(F) health care benefits to employees paid for by
the employer;
``(G) pension benefits to employees paid for by the
employer;
``(H) environmental equipment, training, or
technology;
``(I) acquisition of raw materials and other
inputs; and
``(J) borrowed working capital or other funds
needed to maintain production.
``(c) Disbursement Procedures.--The Commissioner shall prescribe
procedures for disbursing the continued dumping or subsidies offset
required by this section provided that disbursement shall occur for
monies assessed during a fiscal year not later than sixty days after
the beginning of the following fiscal year.
``(d) Parties Eligible for Distribution of Antidumping and
Countervailing Duties Assessed.--
``(1) The Commission shall forward to the Commissioner
within sixty days of the effective date of this section or
within sixty days of an antidumping or countervailing duty
order issued after the effective date of this section a list of
petitioners and companies that indicate support of the petition
by inclusion in the petition or supplements thereto, by letter
or through questionnaire response. Where no injury test was
required or where the Commission's records do not permit an
identification of those in support of a petition the Commission
shall consult with the Department of Commerce to determine the
identity of the petitioner and those domestic parties who have
entered appearances during administrative reviews conducted by
Commerce and sought vigorous enforcement of United States law.
``(2) The Commissioner shall publish in the Federal
Register at least thirty days prior to the issuance of
payments, a notice of intention to distribute duty assessments,
the list of companies eligible based on the list obtained from
the Commission, and shall request a certification from each
recipient as to--
``(A) desire to receive distribution,
``(B) continued eligibility as an affected domestic
producer, and
``(C) the qualifying expenditures incurred since
the issuance of the order for which distribution under
this section has not previously been made.
``(3) The Commissioner shall distribute all funds
(including all interest earned) from assessments received in
the completed fiscal year to affected domestic producers based
on the affirmative responses to paragraph (2) on a pro rata
basis based on new and remaining qualifying expenditures.
``(e) Special Accounts.--
``(1) Within fourteen days of the effective date of this
provision for outstanding antidumping orders and findings or
for outstanding countervailing duty orders or within fourteen
days of the date an antidumping or countervailing duty order
takes effect, the Commissioner shall establish in the Treasury
a special account with respect to that order or finding.
``(2) The Commissioner shall have deposited into the
special accounts all antidumping or countervailing duties,
including interest on such duties, that are assessed under the
antidumping order or finding or the countervailing duty order
with respect to which the account was established since the
effective date of this section.
``(3) The monies in a special account shall be available
for distribution to the extent of actual assessment (including
interest).
``(4) Consistent with the requirements of subsection (c),
the Commissioner shall by regulation prescribe the time and
manner in which distribution of funds from special accounts
will be made.
``(5) The special accounts shall remain in existence until
all entries relating to an order which has been terminated are
liquidated and duties assessed collected and the Commissioner
has provided one last notice of opportunity to obtain
distribution pursuant to subsection (c). Amounts not claimed
within 90 days of the time of such final distribution shall be
returned to the general fund of the Treasury.''.
(b) Conforming Amendment.--The table of contents for title VII of
the Tariff Act of 1930 is amended by inserting the following new item
after the item relating to section 753:
``Sec. 754. Continued dumping or subsidy offset.''.
(c) Effective Date.--The continued antidumping or subsidy offset
shall apply with regard to all assessments made on or after October 1,
1996, on outstanding antidumping findings or orders or countervailing
duty orders. | Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production.
Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties.
Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Probabilistic Methods
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) probabilistic methods have wide applicability in
improving process efficiency and eliminating overdesign in
government programs and purchases;
(2) the integration of probabilistic methods into business
practices has contributed significantly to the success of
industry quality programs and has saved billions of dollars for
companies;
(3) Federal use of probabilistic methods is less advanced
than it is in industry;
(4) probabilistic methods hold out the promise of better
understanding of safety and environmental risks, and if
properly applied can lead to more business-friendly
regulations;
(5) if made an integral part of federally funded design
efforts, probabilistic methods could lead to a better
understanding of the specifications a product must meet and
reduce overdesign and associated costs; and
(6) appropriate use of probabilistic methods within the
programs of the Department of Transportation could lead through
quantification of uncertainties to more reliable, less costly
components of our transportation system, including roads,
bridges, and automotive, aerospace, and mass transit systems,
and could also benefit the programs of other Federal agencies
such as the Department of Defense, the Department of Commerce,
and the National Institutes of Health.
SEC. 3. ESTABLISHMENT.
The Administrator of the Research and Special Programs
Administration of the Department of Transportation (in this Act
referred to as the ``Administrator'') shall establish a commission to
be known as the ``Commission on Probabilistic Methods'' (in this Act
referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
The Commission shall--
(1) identify where and how probabilistic methods can help
the Department of Transportation;
(2) assess the extent to which probabilistic methods can
help the Department of Transportation maximize return on
investment and increase public safety;
(3) evaluate the state of probabilistic methods technology;
(4) identify the probabilistic techniques that are ready
for practical use and recommend guidelines that can help a user
decide what technique to use;
(5) establish models for quantifying uncertainties in major
Department of Transportation programs that affect cost,
operation, and performance;
(6) identify key technology areas that must be further
developed;
(7) recommend guidelines for implementation of
probabilistic technology;
(8) recommend how to set reliability levels that can ensure
public safety and be achievable by industry;
(9) recommend probabilistic-based guidelines for safety
tests;
(10) recommend guidelines for creating required database;
(11) determine appropriate means of expediting technology
transfer and ensuring that the principles of probabilistic
methods are used appropriately in decisions involving funds
under the control of the Department of Transportation;
(12) identify legal and cultural barriers to the effective
use of probabilistic methods at the Department of
Transportation;
(13) make recommendations for the use of probabilistic
methods in Department of Transportation programs;
(14) make recommendations for institutionalizing
probabilistic methods values at the Department of
Transportation after the termination of the Commission; and
(15) recommend pilot projects for evaluation of
probabilistic methods technology.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 19
members as follows:
(1) A chairperson, who shall be a representative of an
engineering society with experience in probabilistic methods,
such as the Society of Automotive Engineers.
(2) Four members from the higher education community.
(3) Four members from various levels of government.
(4) Four members from industry.
(5) One member representing labor.
(6) One member representing the environmental community.
(7) One member representing the public interest.
(8) A representative of the Department of Defense,
appointed by the Secretary of Defense.
(9) A representative of the Department of Commerce,
appointed by the Secretary of Commerce.
(10) A representative of the National Institutes of Health,
appointed by the Director of the National Institutes of Health.
The members described in paragraphs (1) through (7) shall be appointed
by the Administrator.
(b) 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.
(c) Basic Pay.--Members shall serve without pay.
(d) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(e) Quorum.--10 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(f) Initial Meeting.--The initial meeting of the Commission shall
occur within 180 days after the date of the enactment of this Act.
(g) Agenda.--Within 6 months after its initial meeting under
subsection (f), the Commission shall transmit to the Administrator a
written agenda for its activities.
SEC. 6. ADMINISTRATIVE SUPPORT.
(a) In General.--The Department of Transportation shall provide the
Commission with such administrative support as it shall require to
carry out its duties.
(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 7. REPORTS.
(a) Interim Report.--The Commission shall transmit to the
Administrator an interim report not later than 2 years after its
initial meeting under section 5(f).
(b) Final Report.--The Commission shall transmit a final report to
the Administrator not later than 36 months after its initial meeting
under section 5(f). The final report shall contain a detailed statement
of the findings, conclusions, and recommendations of the Commission.
SEC. 8. TERMINATION.
The Commission shall terminate 10 days after submitting its final
report pursuant to section 7(b). Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.; relating to the termination of
advisory committees) shall not apply to the Commission.
SEC. 9. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A) and (C))) authorized by this Act shall be effective only
to such extent and in such amounts as are provided in appropriation
Acts. | Commission on Probabilistic Methods Act - Directs the Administrator of the Research and Special Programs Administration of the Department of Transportation (DOT) to establish the Commission on Probabilistic Methods. Requires the Commission to identify and assess the extent to which the use of probabilistic methods (techniques used to help reduce costs) can help DOT in administering its transportation programs. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``A Better Chance to Learn Act of
1993''.
SEC. 2. PURPOSE.
It is the purpose of this Act to encourage and assist local school
districts and communities to develop, expand, or operate innovative
home-based parent and early childhood education programs in an effort
to--
(1) empower parents to be the primary educators of their
children;
(2) provide children with school-readiness skills;
(3) develop positive attitudes toward education on the part
of parents and children; and
(4) enhance the role of parents in the transition of their
children from preschool to kindergarten.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Community-based organizations.--The term ``community-
based organizations'' means private nonprofit organizations
that are located within a community and that are not affiliated
with any specific religion.
(2) Developmentally appropriate.--The term
``developmentally appropriate'' as applied to a home-based
program implemented by parents means those activities for the
general population of 3- to 5-year-old children that are
meaningful to parents and that will result in successful
parent-child interactions.
(3) Home-based.--The term ``home-based'' means that the
program provides parent and early childhood education services
in the private residence of the child receiving such services.
(4) Limited or unsuccessful formal schooling.--The term
``limited or unsuccessful formal schooling'' means the--
(A) completion of high school with low achievement
during enrollment;
(B) noncompletion of high school with low
achievement during enrollment; or
(C) lack of a general education degree.
(5) Local educational agencies.--The term ``local
educational agencies'' has the meaning given to the term
``local educational agency'' by section 1471(12) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891).
(6) Near poor families.--The term ``near poor families''
means families that have an income that is approximately 130
percent of the poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)).
(7) Parent education.--The term ``parent education''
includes parent support activities, the provision of resource
materials on child development and parent and child learning
activities, private and group educational guidance, individual
and group learning experiences for the parent and child, and
other activities that enable the parent to improve learning in
the home.
(8) Working poor families.--The term ``working poor
families'' means families that--
(A) have family members--
(i) who are working; or
(ii) who were looking for work during at
least the last 6 months of the year prior to
the year in which a grantee determines such
families' eligibility for services under this
Act; and
(B) earn an income not in excess of 150 percent of
the poverty line as described in paragraph (5).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants to
local educational agencies and community-based organizations to pay the
Federal share of the cost of the activities described in section 5.
(b) Grant Allocations.--The Secretary shall award--
(1) 50 percent of the total grants awarded under this
section to applicants that are establishing new home-based
parent and early childhood education programs; and
(2) 50 percent of the total grants awarded under this
section to applicants that are operating or expanding existing
home-based parent and early childhood education programs.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to an applicant that describes in an application
submitted under section 6 that such applicant's program targets--
(1) working poor families or near poor families that do not
qualify for assistance under the early childhood programs under
the Head Start Act (42 U.S.C. 9831 et seq.) or chapter 1 of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2701 et seq.);
(2) families that qualify for assistance under the Federal
programs described in paragraph (1), but that are not served by
such programs; or
(3) parents who have limited or unsuccessful formal
schooling.
SEC. 5. AUTHORIZED ACTIVITIES.
A grantee may use funds received under this Act for establishing,
operating or expanding home-based parent and early childhood education
programs.
SEC. 6. ELIGIBILITY.
To be eligible for a grant under this Act, an entity, as described
in section 4(a), shall prepare and submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
SEC. 7. PROGRAM REQUIREMENTS.
A grantee under this Act shall conduct a home-based parent and
early childhood education program that--
(1) enhances parents' awareness of their strengths and
potential as the primary educators of their children;
(2) provides support, training and developmentally
appropriate educational materials that are necessary for
parents to implement a school-readiness, home instruction
program for their children;
(3) conducts group meetings with parents to provide support
activities related to parenting skills and other topics of
interest to participating parents; and
(4) to the maximum extent possible, provides opportunities
for field trips to local sites of educational and cultural
benefit.
SEC. 8. ELIGIBLE PROGRAM PARTICIPANTS.
(a) In General.--To be eligible to participate in a parent and
early childhood service program conducted under this Act, an individual
shall be a parent with one or more children who are age 3, 4, or 5.
(b) Special Rules.--
(1) Participation.--No school system or parents shall be
required to participate in programs funded under this Act.
(2) Program actions.--A program receiving grant funds under
this Act may not take action that infringes on the right of
parents to direct the education of their children.
SEC. 9. PAYMENTS AND FEDERAL SHARE.
(a) Federal Share.--The Federal share described in section 4(a)
shall be 80 percent.
(b) Non-Federal Share.--
(1) In general.--A grantee under this Act shall make
available non-Federal contributions toward the cost of carrying
out the program established, operated, or expanded with amounts
received under the grant in an amount equal to at least 20
percent of the amount of funds provided under the grant.
(2) In kind contributions.--The non-Federal contributions
described in paragraph (1) may be in cash or in kind fairly
evaluated, including planned equipment or services.
SEC. 10. SUPPLEMENT NOT SUPPLANT.
Funds appropriated pursuant to the authority of this Act shall be
used to supplement and not supplant other local public funds expended
to provide services for individuals eligible to participate in a
program under this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$20,000,000 for fiscal year 1994 and such sums as may be necessary for
each of the fiscal years 1995 through 1998. | A Better Chance to Learn Act of 1993 - Authorizes the Secretary of Education to award grants to local educational agencies and community-based organizations to pay 80 percent of the cost of home-based parent and early childhood education programs.
Allocates one-half of such grants to new programs and one-half to existing programs. Gives priority to programs that target: (1) early childhood program assistance under the Head Start Act or chapter 1 of title I of the Elementary and Secondary Education Act of 1965; (2) families that qualify for such assistance, but are not served by such programs; or (3) parents who have limited or unsuccessful formal schooling. Makes an individual eligible to participate if he or she is a parent with one or more children age three, four, or five. Sets forth application and other program requirements.
Authorizes appropriations. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.
(a) Short Title.--This Act may be cited as the ``Energy Freedom and
Economic Prosperity Act''.
(b) Reference to 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; etc.
TITLE I--REPEAL OF ENERGY TAX SUBSIDIES
Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and alternative
fuel mixtures.
Sec. 102. Early termination of credit for qualified fuel cell motor
vehicles.
Sec. 103. Early termination of new qualified plug-in electric drive
motor vehicles.
Sec. 104. Repeal of alternative fuel vehicle refueling property credit.
Sec. 105. Repeal of credit for alcohol used as fuel.
Sec. 106. Repeal of credit for biodiesel and renewable diesel used as
fuel.
Sec. 107. Repeal of enhanced oil recovery credit.
Sec. 108. Termination of credit for electricity produced from certain
renewable resources.
Sec. 109. Repeal of credit for producing oil and gas from marginal
wells.
Sec. 110. Termination of credit for production from advanced nuclear
power facilities.
Sec. 111. Repeal of credit for carbon dioxide sequestration.
Sec. 112. Termination of energy credit.
Sec. 113. Repeal of qualifying advanced coal project.
Sec. 114. Repeal of qualifying gasification project credit.
TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE
Sec. 201. Corporate income tax rate reduced.
TITLE I--REPEAL OF ENERGY TAX SUBSIDIES
SEC. 101. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE
FUEL MIXTURES.
(a) In General.--Section 6426 is repealed.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 4101(a) is amended by striking
``or alcohol (as defined in section 6426(b)(4)(A)''.
(2) Paragraph (2) of section 4104(a) is amended by striking
``6426, or 6427(e)''.
(3) Section 6427 is amended by striking subsection (e).
(4) Subparagraph (E) of section 7704(d)(1) is amended--
(A) by inserting ``(as in effect on the day before
the date of the enactment of the Energy Freedom and
Economic Prosperity Act)'' after ``of section 6426'',
and
(B) by inserting ``(as so in effect)'' after
``section 6426(b)(4)(A)''.
(5) Paragraph (1) of section 9503(b) is amended by striking
the second sentence.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 is amended by striking the item relating to section 6426.
(d) Effective.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
fuel sold and used after the date of the enactment of this Act.
(2) Liquefied hydrogen.--In the case of any alternative
fuel or alternative fuel mixture (as defined in subsection
(d)(2) or (e)(3) of section 6426 of the Internal Revenue Code
of 1986 as in effect before its repeal by this Act) involving
liquefied hydrogen, the amendments made by this section shall
apply with respect to fuel sold and used after September 30,
2014.
SEC. 102. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR
VEHICLES.
(a) In General.--Section 30B is repealed.
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 24(b)(3) is amended by
striking ``, 30B''.
(2) Paragraph (2) of section 25B(g) is amended by striking
``, 30B,''.
(3) Subsection (b) of section 38 is amended by striking
paragraph (25).
(4) Subsection (a) of section 1016 is amended by striking
paragraph (35) and by redesignating paragraphs (36) and (37) as
paragraphs (35) and (36), respectively.
(5) Subsection (m) of section 6501 is amended by striking
``, 30B(h)(9)''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 30B.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
SEC. 103. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC DRIVE
MOTOR VEHICLES.
(a) In General.--Section 30D is repealed.
(b) Effective Date.--The amendment made by this section shall apply
to vehicles placed in service after the date of the enactment of this
Act.
SEC. 104. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C is repealed.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 is amended by striking
paragraph (26).
(2) Paragraph (3) of section 55(c) is amended by striking
``, 30C(d)(2),''.
(3) Subsection (a) of section 1016, as amended by section
102 of this Act, is amended by striking paragraph (35) and by
redesignating paragraph (36) as paragraph (35).
(4) Subsection (m) of section 6501 is amended by striking
``, 30C(e)(5)''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 30C.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 105. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL.
(a) In General.--Section 40 is repealed.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 is amended by striking
paragraph (3).
(2) Subsection (c) of section 196 is amended by striking
paragraph (3) and by redesignating paragraphs (4) through (14)
as paragraphs (3) through (13), respectively.
(3) Paragraph (1) of section 4101(a) is amended by striking
``, and every person producing cellulosic biofuel (as defined
in section 40(b)(6)(E))''.
(4) Paragraph (1) of section 4104(a) is amended by striking
``, 40''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after the date of the enactment of this Act.
SEC. 106. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL USED AS
FUEL.
(a) In General.--Section 40A is repealed.
(b) Conforming Amendment.--
(1) Subsection (b) of section 38 is amended by striking
paragraph (17).
(2) Section 87 is repealed.
(3) Subsection (c) of section 196, as amended by section
105 of this Act, is amended by striking paragraph (11) and by
redesignating paragraphs (11), (12), and (13) as paragraphs
(10), (11), and (12), respectively.
(4) Paragraph (1) of section 4101(a) is amended by striking
``, every person producing or importing biodiesel (as defined
in section 40A(d)(1)''.
(5) Paragraph (1) of section 4104(a) is amended by striking
``, and 40A''.
(6) Subparagraph (E) of section 7704(d)(1) is amended by
inserting ``(as so in effect)'' after ``section 40A(d)(1)''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 40A.
(d) Effective Date.--The amendments made by this section shall
apply to fuel produced, and sold or used, after the date of the
enactment of this Act.
SEC. 107. REPEAL OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 is repealed.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 is amended by striking
paragraph (6).
(2) Paragraph (4) of section 45Q(d) is amended by inserting
``(as in effect on the day before the date of the enactment of
the Energy Freedom and Economic Prosperity Act)'' after
``section 43(c)(2)''.
(3) Subsection (c) of section 196, as amended by sections
105 and 106 of this Act, is amended by striking paragraph (5)
and by redesignating paragraphs (6) through (12) as paragraphs
(5) through (11), respectively.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 43.
(d) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after December 31, 2014.
SEC. 108. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
(a) Wind.--Subsection (d) of section 45 is amended by striking
``January 1, 2014'' in paragraph (1) and inserting ``the date of the
enactment of the Energy Freedom and Economic Prosperity Act''.
(b) Indian Coal.--Subparagraph (A) of section 45(e)(10) is amended
by striking ``8-year period'' each place it appears and inserting ``7-
year period''.
(c) Effective Date.--
(1) Wind.--The amendment made by subsection (a) shall apply
to property placed in service after the date of the enactment
of this Act.
(2) Indian coal.--The amendments made by subsection (b)
shall apply to coal produced after December 31, 2012.
(3) Other qualified energy resources.--For termination of
other qualified energy resources for property placed in service
after December 31, 2013, see section 45 of the Internal Revenue
Code of 1986.
SEC. 109. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL
WELLS.
(a) In General.--Section 45I is repealed.
(b) Conforming Amendment.--Subsection (b) of section 38 is amended
by striking paragraph (19).
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 45I.
(d) Effective Date.--The amendments made by this section shall
apply to production in taxable years beginning after December 31, 2014.
SEC. 110. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR
POWER FACILITIES.
(a) In General.--Subparagraph (B) of section 45J(d)(1) is amended
by striking ``January 1, 2021'' and inserting ``January 1, 2015''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
SEC. 111. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION.
(a) In General.--Section 45Q is repealed.
(b) Effective Date.--The amendment made by this section shall apply
to carbon dioxide captured after December 31, 2014.
SEC. 112. TERMINATION OF ENERGY CREDIT.
(a) In General.--Section 48 is amended--
(1) by striking ``January 1, 2017'' each place it appears
and inserting ``January 1, 2015'', and
(2) by striking ``December 31, 2016'' each place it appears
and inserting ``December 31, 2014''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
SEC. 113. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.
(a) In General.--Section 48A is repealed.
(b) Conforming Amendment.--Section 46 is amended by striking
paragraph (3) and by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively.
(c) Clerical Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 48A.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
SEC. 114. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.
(a) In General.--Section 48B is repealed.
(b) Conforming Amendment.--Section 46, as amended by this Act, is
amended by striking paragraph (3) and by redesignating paragraphs (4)
and (5) as paragraphs (3) and (4), respectively.
(c) Clerical Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 48B.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE
SEC. 201. CORPORATE INCOME TAX RATE REDUCED.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury shall prescribe a
rate of tax in lieu of the rates under paragraphs (1) and (2) of
section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of
section 1445(e) to such a flat rate as the Secretary estimates would
result in--
(1) a decrease in revenue to the Treasury for taxable years
beginning during the 10-year period beginning on the date of
the enactment of this Act, equal to
(2) the increase in revenue for such taxable years by
reason of the amendments made by title I of this Act.
(b) Effective Date.--The rate prescribed by the Secretary under
subsection (a) shall apply to taxable years beginning more than 1 year
after the date of the enactment of this Act. | Energy Freedom and Economic Prosperity Act - Amends the Internal Revenue Code to repeal: (1) the excise tax credits for alcohol fuel, biodiesel, and alternative fuel mixtures; (2) the tax credits for the purchase of alternative motor vehicles and new qualified plug-in electric drive motor vehicles; (3) the alternative fuel vehicle refueling property tax credit; (4) the income tax credits for alcohol, biodiesel, and renewable diesel used as fuel; (5) the enhanced oil recovery tax credit and the tax credit for producing oil and gas from marginal wells; (6) the tax credits for producing electricity from renewable resources and from advanced nuclear power facilities; (7) the tax credit for carbon dioxide sequestration; (8) the energy tax credit; and (9) the tax credits for investment in qualifying advanced coal projects and qualifying gasification projects. Directs the Secretary of the Treasury to prescribe a flat income tax rate for corporations, in lieu of the existing marginal tax rates, based upon the overall revenue savings from the repeal of energy tax expenditures by this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Employment Transition
Support Act of 2005'' or the ``VETS Act of 2005''.
SEC. 2. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO
SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA.
(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. 45J. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO
SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA.
``(a) General Rule.--For purposes of section 38, the military
service personnel employment credit for the taxable year shall be equal
to--
``(1) except as provided in paragraph (2), 40 percent of
the qualified first-year wages for such year, and
``(2) in the case of a disabled qualified veteran, the
applicable percentage of the qualified first-year wages for
such year.
``(b) Qualified Wages.--For purposes of this section--
``(1) In general.--The term `qualified wages' means the
wages paid or incurred by the employer during the taxable year
to individuals who are qualified veterans.
``(2) Qualified first-year wages.--The term `qualified
first-year wages' means, with respect to any individual,
qualified wages attributable to service rendered during the 1-
year period beginning with the day the individual begins work
for the employer.
``(3) Wages.--The term `wages' has the meaning given such
term by section 51(c), without regard to paragraph (4) thereof.
``(c) Qualified Veteran; Hiring Date.--For purposes of this
section--
``(1) In general.--The term `qualified veteran' means any
individual who is certified by the designated local agency (as
defined in section 51(d)(11))--
``(A) as being a veteran (as defined in section
51(d)(3)(B)) who performed services in an area
designated by the President for purposes of this
section as a combat zone or as a hazardous duty area,
and
``(B) as having been honorably discharged from
active duty in the Armed Forces of the United States.
``(2) Hiring date.--The term `hiring date' has the meaning
given such term by section 51(d).
``(d) Disabled Qualified Veteran; Applicable Percentage.--
``(1) In general.--The term `disabled qualified veteran'
means any qualified veteran who is certified by the designated
local agency (as so defined) as having a disability that has
been determined under the laws administered by the Secretary of
Veterans Affairs to be service-connected and that is rated by
such Secretary (as of the date of the certification) as 10
percent or more disabling.
``(2) Applicable percentage.--The term `applicable
percentage' means the percentage determined in accordance with
the following table:
``Percentage of disability: Applicable percentage:
At least 10 but not over 20....... 41
At least 20 but not over 30....... 42
At least 30 but not over 40....... 43
At least 40 but not over 50....... 44
At least 50 but not over 60....... 45
At least 60 but not over 70....... 46
At least 70 but not over 80....... 47
At least 80 but not over 90....... 48
At least 90 but not over 100...... 49
100 percent....................... 50
``(e) Certain Rules to Apply.--Rules similar to the rules of
section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the
day before the date of the enactment of the Taxpayer Relief Act of
1997), (j), and (k) of section 51, shall apply for purposes of this
section.''.
(b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (18), by striking the period at the end of paragraph (19)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(20) the military service personnel employment credit
determined under section 45J(a).''.
(c) Technical Amendments.--
(1) Clause (iii) of section 41(b)(2)(D) of such Code is
amended to read as follows:
``(iii) Exclusion for wages to which
employment credits apply.--The term `wages'
shall not include any amount taken into account
in determining the credit under section 45J(a)
or 51(a).''.
(2) Subparagraph (B) of section 45A(b)(1) of such Code is
amended to read as follows:
``(B) Coordination with other employment credits.--
The term `qualified wages' shall not include wages
attributable to service rendered during the 1-year
period beginning with the day the individual begins
work for the employer if any portion of such wages is
taken into account in determining the credit under
section 45J or 51.''.
(3) Subsection (a) of section 280C of such Code is amended
by inserting ``45J(a),'' after ``45A(a),''.
(4) Paragraph (3) of section 1396(c) of such Code is
amended to read as follows:
``(3) Coordination with other employment credits.--
``(A) In general.--The term `qualified wages' shall
not include wages taken into account in determining the
credit under section 45J or 51.
``(B) Coordination with paragraph (2).--The $15,000
amount in paragraph (2) shall be reduced for any
calendar year by the amount of wages paid or incurred
during such year which are taken into account in
determining the credits under sections 45J and 51.''.
(d) Clerical 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. 45J. Credit for employers hiring military service personnel who
served in a combat zone or a hazardous duty
area.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act. | Veterans' Employment Transition Support Act of 2005 or the VETS Act of 2005 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring veterans who served in a combat zone or a hazardous duty area and were honorably discharged from active duty. Sets the amount of such credit at 40 percent of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Firefighter and EMS
Support Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Volunteer firefighters and emergency medical services
personnel are a vital component of the first responders across
the United States.
(2) The 800,000 volunteer firefighters and emergency
medical service personnel in the United States save lives and
property everyday.
(3) The national financial savings resulting from volunteer
firefighting and emergency medical services has been calculated
at more than $37,000,000,000 each year.
(4) Many volunteer fire stations and emergency medical
services organizations in the United States face growing
challenges as volunteers contend with increased competition for
their time from their jobs, families, and other
responsibilities.
(5) Some State and local governments provide financial
incentives to volunteer firefighters and emergency medical
services personnel, such as retirement benefits and tuition
assistance. Unfortunately, many communities that rely on
volunteer firefighters and emergency medical services
personnel, especially rural and low-income communities, do not
have the resources to provide such incentives.
(6) There is an important role for the Federal Government
and the Administrator of the United States Fire Administration
in supporting volunteer firefighters and emergency medical
services personnel, including providing funds to contribute to
incentives for the recruitment and retention of volunteers.
SEC. 3. ASSISTANCE FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL
SERVICES PERSONNEL.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by inserting after section 33 the following new
section:
``SEC. 33A. ASSISTANCE FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL
SERVICES PERSONNEL.
``(a) Establishment.--The Secretary shall establish a program to
provide funds to a State or local government, non-profit firefighter
association, or governmental or nongovernmental emergency medical
services organization, that carries out a volunteer firefighter
incentive program in accordance with the provisions of this section.
``(b) Definitions.--In this section:
``(1) Approved benefit or incentive.--The term `approved
benefit or incentive' means a benefit or incentive that has
been approved by the Administrator and is provided to a
volunteer firefighter, including--
``(A) a retirement benefit;
``(B) reimbursement for travel and training;
``(C) health insurance or other health benefits;
``(D) life insurance;
``(E) tuition or school loan forgiveness;
``(F) a tax reduction; and
``(G) any other benefit or incentive approved by
the Administrator.
``(2) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(3) Volunteer firefighter.--The term `volunteer
firefighter' means an individual who provides firefighting
service or emergency medical service to a State or local
government or a governmental or nongovernmental organization
without pay. A volunteer firefighter may receive benefits or
incentives for firefighting service or emergency medical
service, including benefits and incentives described in
subparagraphs (A) through (G) of paragraph (1).
``(4) Volunteer firefighter incentive program.--The term
`volunteer firefighter incentive program' means a program
carried out by a State or local government, a non-profit
firefighter association, or a governmental or nongovernmental
emergency medical services organization to provide approved
benefits or incentives.
``(c) Matching Payments to States.--
``(1) Requirement.--For each fiscal year in which a State
or local government, non-profit firefighter association, or
governmental or nongovernmental emergency medical services
organization carries out a volunteer firefighter incentive
program, the Secretary shall pay such government, association,
or organization, out of any money in the Treasury not otherwise
appropriated for such fiscal year, an amount equal to the total
amount of expenditures of funds not received from the Federal
Government made by such government, association, or
organization for such fiscal year to carry out the volunteer
firefighter incentive program.
``(2) Entitlement.--Paragraph (1) constitutes budget
authority in advance of appropriations Acts and represents the
obligation of the Federal Government to provide payment to a
State or local government, non-profit firefighter association,
or governmental or nongovernmental emergency medical services
organization of any amount provided for under such paragraph.
``(d) Regulations.--The Secretary shall prescribe regulations to
carry out this section.
``(e) Reports.--
``(1) Reports from recipients.--A State or local
government, non-profit firefighter association, or governmental
or nongovernmental emergency medical service organization that
receives funds under this section to carry out a volunteer
firefighter incentive program for a fiscal year shall submit to
the Secretary a report on--
``(A) the use of such funds; and
``(B) the programs to recruit or retain volunteer
firefighters carried out by the government,
association, or organization during that fiscal year.
``(2) Reports from the secretary.--Not later than 1 year
after the date of the enactment of the Volunteer Firefighter
and EMS Support Act of 2008, and annually thereafter, the
Secretary shall submit to Congress a report on--
``(A) the activities carried out under this section
during the previous year; and
``(B) the status of programs to recruit and retain
volunteer firefighters in the United States.''. | Volunteer Firefighter and EMS Support Act of 2008 - Amends the Federal Fire Prevention and Control Act of 1974 to direct the Secretary of Homeland Security to establish a program to provide funds to a state or local government, nonprofit firefighter association, or governmental or nongovernmental emergency medical services (EMS) organization, that carries out a volunteer firefighter incentive program in accordance with this Act.
Directs the Secretary, for each fiscal year in which a state or local government, nonprofit firefighter association, or governmental or nongovernmental EMS organization carries out a volunteer firefighter incentive program, to pay such government, association, or organization (organization), out of any money in the Treasury not otherwise appropriated for such fiscal year, a sum equal to the total expenditures of funds not received from the federal government made by such organization for that fiscal year to carry out the program.
Declares that this constitutes budget authority in advance of appropriations Acts and represents the obligation of the federal government to provide payment to a state or local government, nonprofit firefighter association, or governmental or nongovernmental EMS organization any amount so provided.
Requires reports from recipients, and from the Secretary annually, to Congress. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Time Property Owners Tax
Credit Act of 2008''.
SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME PURCHASE OF REAL PROPERTY.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. FIRST-TIME PURCHASE OF REAL PROPERTY.
``(a) Allowance of Credit.--In the case of an individual who is a
first-time purchaser of real property in the United States during any
taxable year, there shall be allowed as a credit against the tax
imposed by this subtitle for the taxable year an amount equal to 5
percent of the purchase price of such property.
``(b) Limitations.--
``(1) Maximum dollar amount.--
``(A) In general.--The credit allowed under
subsection (a) shall not exceed the excess (if any) of
$1,500 (2 times such amount in the case of a joint
return).
``(B) Inflation adjustment.--In the case of any
taxable year beginning after December 31, 2008, the
$1,500 amount under subparagraph (A) shall be increased
by an amount equal to $1,500, multiplied by the cost-
of-living adjustment determined under section 1(f)(3)
for the calendar year in which the taxable year begins
by substituting `2007' for `1992' in subparagraph (B)
thereof. If the $1,500 amount as adjusted under the
preceding sentence is not a multiple of $10, such
amount shall be rounded to the nearest multiple of $10.
``(2) Taxable income limitation.--
``(A) In general.--If the taxable income of the
taxpayer for any taxable year exceeds the maximum
taxable income in the table under subsection (a), (b),
(c), or (d) of section 1, whichever is applicable, to
which the 25 percent rate applies, the dollar amounts
in effect under paragraph (1)(A) for such taxpayer for
the following taxable year shall be reduced (but not
below zero) by the amount of the excess.
``(B) Change in return status.--In the case of
married individuals filing a joint return for any
taxable year who did not file such a joint return for
the preceding taxable year, subparagraph (A) shall be
applied by reference to the highest taxable income of
either such individual for the preceding taxable year.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) First-time purchaser.--
``(A) In general.--The term `first-time purchaser'
means any individual if such individual (and if
married, such individual's spouse) had no present
ownership interest in real property during the 2-year
period ending on the date of acquisition of the
property to which subsection (a) applies.
``(B) One-time only.--If an individual is treated
as a first-time purchaser with respect to any real
property, such individual may not be treated as a
first-time purchaser with respect to any other real
property.
``(C) Married individuals filing jointly.--In the
case of married individuals who file a joint return,
the credit under this section is allowable only if both
individuals are first-time purchasers.
``(D) Other taxpayers.--If 2 or more individuals
who are not married purchase real property--
``(i) the credit under this section is
allowable only if each of the individuals is a
first-time purchaser, and
``(ii) the amount of the credit allowed
under subsection (a) shall be allocated among
such individuals in such manner as the
Secretary may prescribe, except that the total
amount of the credits allowed to all such
individuals shall not exceed the amount in
effect under subsection (b)(1)(A) for
individuals filing joint returns.
``(2) Purchase.--The term `purchase' means any acquisition,
but only if--
``(A) the property is not acquired from a person
whose relationship to the person acquiring it would
result in the disallowance of losses under section 267
or 707(b) (but, in applying section 267 (b) and (c) for
purposes of this section, paragraph (4) of section
267(c) shall be treated as providing that the family of
an individual shall include only the individual's
spouse, ancestors, and lineal descendants), and
``(B) the basis of the property in the hands of the
person acquiring it is not determined--
``(i) in whole or in part by reference to
the adjusted basis of such property in the
hands of the person from whom acquired, or
``(ii) under section 1014(a) (relating to
property acquired from a decedent).
``(3) Purchase price.--The term `purchase price' means the
adjusted basis of the property on the date on which a binding
contract to acquire such property is entered into.
``(d) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(e) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
property, the basis of such property shall be reduced by the amount of
the credit so allowed.
``(f) Property to Which Section Applies.--The provisions of this
section apply to real property if--
``(1) the taxpayer purchases such property on or after
January 1, 2008, and before January 1, 2013, or
``(2) the taxpayer enters into, on or after January 1,
2008, and before January 1, 2013, a binding contract to
purchase such property before July 1, 2014.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of the Internal Revenue
Code of 1986 (relating to general rule for adjustments to
basis) is amended by striking ``and'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(37) in the case of real property with respect to which a
credit was allowed under section 36, to the extent provided in
section 36(e).''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``or 36'' after ``section 35''.
(c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by striking the item relating to section 36 and
inserting the following new items:
``Sec. 36. First-time purchase of real property.
``Sec. 37. Overpayments of tax.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | First Time Property Owners Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow an income-based, one-time refundable tax credit for first-time homebuyers of 5% of the purchase price of real property located in the United States, up to a maximum credit amount of $1,500 ($3,000 for joint returns). Makes such credit applicable to purchases of property on or after January 1, 2008, and before January 1, 2013, and to binding contracts made between such dates to purchase such property before July 1, 2014. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gang Prevention and Youth Recreation
Act of 1993''.
SEC. 2. GRANTS TO CITIES TO PROVIDE EDUCATION, EMPLOYMENT, RECREATION,
SOCIAL, AND CULTURAL AWARENESS ASSISTANCE TO AT-RISK
YOUTH.
The Secretary of Health and Human Services, in consultation with
the Secretary of Education, shall, from amounts appropriated under
section 10, provide grants to not more than 10 selected cities for the
purpose of assisting such cities in establishing and operating teen
resource and education centers in such cities to provide education,
employment, recreation, social, and cultural awareness assistance to
at-risk youth.
SEC. 3. APPLICATION.
To receive a grant under section 2, a city shall submit to the
Secretary an application in such form and containing such information
as the Secretary may require.
SEC. 4. TEEN RESOURCE AND EDUCATION CENTERS.
The Secretary may not make a grant under section 2 to a city unless
the city agrees that it will use all amounts received from such grant
to establish and operate, in conjunction with local social service
agencies, at least 2 teen resource and education centers in such city
to provide education, employment, recreation, social, and cultural
awareness assistance to at-risk youth. Teen resource and education
centers established and operated using amounts from a grant under
section 2 shall, at a minimum, meet the following requirements:
(1) Educational assistance.--The teen resource and
education centers shall provide educational assistance to at-
risk youth for the purpose of--
(A) providing information on institutions of higher
education to at-risk youth interested in attending such
institutions;
(B) establishing a scholarship search and resource
program at the centers to provide assistance to such
youth in the preparation of financial aid applications,
scholarship applications, and other relevant forms and
applications; and
(C) establishing and carrying out preparatory
courses for high school equivalency examinations and
college entrance examinations at the center.
(2) Employment and skills training assistance.--The teen
resource and education centers shall provide employment and
skills training assistance to at-risk youth by hiring teen peer
counselors to--
(A) provide training to such youth in basic job
skills, including interviewing, personal appearance,
and communication with coworkers and superiors;
(B) provide job referral services to such youth;
and
(C) establish job banks for such youth by providing
listings of job openings in local businesses.
(3) Recreational opportunities.--The teen resource and
education centers shall provide recreational opportunities for
at-risk youth by--
(A) establishing sports teams for such youth and
seeking financial support or sponsorship of such teams
from local businesses;
(B) establishing and carrying out cooperative work
activities at such centers, such as a garden to give
such youth a chance to work together to achieve
positive results from their efforts and to distribute
the food harvested from such garden to the families of
such youth and to neighborhood soup kitchens;
(C) establishing and carrying out creative
activities, such as writing, music, media, and visual
art classes to provide such youth with the opportunity
to channel creative energies and develop creative
talents; and
(D) establishing and carrying out a reading program
to introduce such youth to the importance of reading.
(4) Development of social skills.--The teen resource and
education centers shall provide for the development of the
social skills of at-risk youth by--
(A) hiring adult counselors and providing support
groups at such centers for the purpose of counseling
such youth on social and personal issues, including
issues relating to--
(i) problems facing young minorities;
(ii) teen-age pregnancy and early
parenthood, including pregnancy prevention and
pregnancy management, family planning, and sex
education, including education relating to
acquired immune deficiency syndrome (AIDS);
(iii) job preparedness and unemployment;
and
(iv) crime; and
(B) sponsoring trips for such youth to museums,
State capitals, concerts, plays, and other cultural and
educational settings and events.
(5) Cultural awareness.--The teen resource and education
centers shall assist in raising the cultural awareness of at-
risk youth by--
(A) establishing and carrying out classes on the
history and culture of African-Americans, Hispanics,
and other cultural groups to supplement courses taught
in elementary and secondary schools and to bolster the
social and personal self-esteem and pride of such
youth; and
(B) encouraging such youth to produce plays,
stories, and artwork that reflect their cultural
heritage and pride.
(6) Financial assistance to college graduates working at
teen resource and education centers.--
(A) In general.--The teen resource and education
centers shall provide financial assistance from amounts
received from a grant under section 2 to graduates of
institutions of higher education who work full-time at
such centers for the purpose of assisting such
graduates to repay student loans obtained by such
graduates to attend such schools.
(B) Amount of assistance.--The center may provide
financial assistance under subparagraph (A) in an
amount equal to not more than 25 percent of the total
amount owed by a graduate during any year that such
graduate is working at such center for the repayment of
student loans of such graduate. Such assistance may be
provided to a graduate for up to 4 years that such
graduate is working at such center.
SEC. 5. CITY REPORT.
The Secretary may not make a grant under section 2 to a city unless
the city agrees that it will submit, for any fiscal year in which such
city receives a grant under such section, a report to the Secretary
describing the use of such grant, including--
(1) the number of at-risk youth receiving assistance at
each teen resource and education center established in such
city under section 4;
(2) the types of services and referrals received by such
at-risk youth; and
(3) any other information the Secretary determines to be
appropriate.
SEC. 6. SELECTION.
(a) In General.--The Secretary shall select cities to receive
grants under section 2 which have a large number of at-risk youth.
(b) Geographic Diversity.--To the extent practicable, the Secretary
shall make grants to cities under section 2 in a manner which will
equitably distribute such grants among the various regions of the
United States.
SEC. 7. ALLOCATION.
The Secretary may not make a grant under section 2 in a fiscal year
to any city in an amount totaling more than 10 percent of amounts
appropriated under section 10 for that fiscal year.
SEC. 8. REPORTS.
(a) Interim Report.--Not later than February 1, 1996, the Secretary
shall submit to the Congress an interim report containing--
(1) a compilation of the information contained in the city
reports received by the Secretary pursuant to section 5; and
(2) a process evaluation of the effectiveness of the grant
program.
(b) Final Report.--Not later than February 1, 1997, the Secretary
shall submit to the Congress a final report containing the information
described in subsection (a).
SEC. 9. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) At-risk youth.--The term ``at-risk youth'' means
individuals who have attained the age of 10 but have not
attained the age of 23 and who live in a city in which--
(A) drug and gang activity, or other violent
community activity, are prevalent;
(B) a large number of youth are unlikely to
complete an elementary or secondary education;
(C) a large number of youth are runaway or homeless
youth;
(D) a large number of individuals receive public
assistance; and
(E) a large number of individuals are single
parents.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term under section 1201(a) of the Higher Education Act of 1965.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out
section 2.
(b) Availability.--Amounts appropriated under subsection (a) shall
remain available until expended. | Gang Prevention and Youth Recreation Act of 1993 - Directs the Secretary of Health and Human Services (the Secretary) to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth.
Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers.
Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, creative activities and arts, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt.
Sets forth grant selection, allocation, and reporting requirements.
Authorizes appropriations. | [
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] |
SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS.
(a) Findings.--Congress makes the following findings:
(1) The National Academy of Sciences issued a report
entitled `Musculoskeletal Disorders and the Workplace--Low Back
and Upper Extremities' on January 18, 2001. The report was
issued after the Occupational Safety and Health Administration
promulgated a final rule relating to ergonomics (published at
65 Fed. Reg. 68261 (2000)).
(2) According to the National Academy of Sciences,
musculoskeletal disorders of the low back and upper extremities
are an important and costly national health problem. An
estimated 1,000,000 workers each year lose time from work as a
result of work-related musculoskeletal disorders.
(3) Conservative estimates of the economic burden imposed
by work-related musculoskeletal disorders, as measured by
compensation costs, lost wages, and lost productivity, are
between $45,000,000,000 and $54,000,000,000 annually.
(4) Congress enacted the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible
every working man and woman in the Nation safe and healthful
working conditions,' and charged the Secretary of Labor with
implementing the Act to accomplish this purpose.
(5) Promulgation of a standard on workplace ergonomics is
needed to address a serious workplace safety and health problem
and to protect working men and women from work-related
musculoskeletal disorders. Any workplace ergonomics standard
should take into account the cost and feasibility of compliance
with such requirements and the sound science of the National
Academy of Sciences report.
(b) Authority to Issue Rule.--
(1) In general.--Notwithstanding any other provision of
law, not later than 2 years after the date of enactment of this
Act, the Secretary of Labor shall, in accordance with section 6
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655), issue a final rule relating to ergonomics. The standard
under the final rule shall take effect not later than 90 days
after the date on which the rule is promulgated.
(2) Requirements for standard.--The standard described in
paragraph (1) shall--
(A) address work-related musculoskeletal disorders
and workplace ergonomic hazards;
(B) not apply to musculoskeletal disorders that are
not related to work;
(C) set forth in clear terms--
(i) the circumstances under which an
employer is required to take action to address
ergonomic hazards;
(ii) the measures required of an employer
under the standard; and
(iii) the compliance obligations of an
employer under the standard;
(D) emphasize the prevention of injuries before
they occur; and
(E) cover all industries where workers are exposed
to workplace ergonomic hazards and there are
economically and technologically feasible measures to
control these hazards.
(3) Basis for standard.--The standard described in
paragraph (1) shall be based upon--
(A) the best available evidence, including the
complete record of evidence assembled by the Department
of Labor on ergonomics in Docket S-777, initiated
August 3, 1992; and
(B) employer and industry practices that have
effectively reduced exposures to ergonomic hazards and
the occurrence of work-related musculoskeletal
disorders.
In promulgating the standard, the Secretary shall consider
existing standards on ergonomics or preventing work-related
musculoskeletal disorders established by national consensus or
recognized private standard setting organizations, States, and
other countries.
(4) Authorization.--Paragraph (1) shall be considered a
specific authorization by Congress in accordance with section
801(b)(2) of title 5, United States Code, with respect to the
issuance of a new ergonomic rule.
(5) Prohibition.--In issuing a new rule under this
subsection, the Secretary of Labor shall ensure that nothing in
the rule expands the application of State workers' compensation
laws.
(6) Standard setting authority.--Nothing in this subsection
shall be construed to restrict or alter the authority of the
Secretary of Labor under the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety
standards (as defined in section 3(8) (29 U.S.C. 652(8)) of
such Act) pursuant to section 6 (29 U.S.C. 655) of such Act.
(7) Information and training materials.--The Secretary of
Labor shall, prior to the date on which the new rule under this
subsection becomes effective, develop information and training
materials, and implement an outreach program and other
initiatives, to provide compliance assistance to employers and
employees concerning the new rule and the requirements under
the rule. | Directs the Secretary of Labor, in accordance with specified provisions of the Occupational Safety and Health Act of 1970, to issue a final rule relating to ergonomics. | [
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] |
SECTION 1. EXCLUSION FROM ESTATE TAX FOR HISTORIC PROPERTY SUBJECT TO
PRESERVATION EASEMENT.
(a) In General.--Part IV of subchapter A of chapter 11 of the
Internal Revenue of 1986 (relating to taxable estate) is amended by
adding at the end the following new section:
``SEC. 2057. QUALIFIED HISTORIC PROPERTY.
``(a) General Rule.--For purposes of the tax imposed by section
2001, the value of the taxable estate shall be determined by deducting
from the value of the gross estate an amount equal to the value of any
qualified historic property included in the gross estate.
``(b) Definitions.--For purposes of this section--
``(1) Qualified historic property.--
``(A) In general.--The term `qualified historic
property' means any historic property if--
``(i) on or before the date on which the
return of the tax imposed by section 2001 is
filed, a qualified real property interest
described in section 170(h)(2)(C) in such
property is held by a qualified organization
for the purpose described in section
170(h)(4)(A)(iv), and
``(ii) such property is covered by an
agreement meeting the requirements of
subsection (c) which is entered into on or
before such date.
``(B) Treatment of personal property.--Such term
includes personal property included within, or
associated with, qualified historic property (as
defined in paragraph (1)) if such personal property--
``(i) is held by the decedent holding such
qualified historic property,
``(ii) has been so included within, or
associated with, such qualified historic
property throughout the 10-year period ending
on the date of the decedent's death, and
``(iii) is covered by the agreement
referred to in subparagraph (A)(ii) which
covers such qualified historic property.
``(2) Historic property.--The term `historic property'
means--
``(A) any building (and its structural
components)--
``(i) which is designated as a National
Historic Landmark under section 101 of the
National Historic Preservation Act throughout
the 10-year period ending on the date of the
decedent's death,
``(ii) which was owned by the decedent or a
member of the decedent's family (as defined in
section 2032A(e)(2)) throughout such 10-year
period, and
``(iii) which was originally used for
residential purposes, and
``(B) any other real property to the extent
reasonably necessary for public view and visitation of
the property described in subparagraph (A).
``(3) Qualified organization.--The term `qualified
organization' has the meaning given to such term by section
170(h)(3).
``(4) Treatment of qualified historic property held by a
corporation.--In the case of a corporation all of the stock in
which was held on the date of the decedent's death by the
decedent or members of the decedent's family (as defined in
section 2032A(e)(2))--
``(A) stock in such corporation shall be treated
for purposes of this section as qualified historic
property to the extent that the value of such stock is
attributable to qualified historic property held by
such corporation, but
``(B) the requirements of subsection (c) shall be
met only if each member of the decedent's family
holding such stock on such date sign the agreement
referred to in subsection (c).
``(c) Requirements for Agreement.--
``(1) In general.--For purposes of subsection
(b)(1)(A)(ii), an agreement meets the requirements of this
subsection if--
``(A) such agreement is a written agreement signed
by each person in being who has an interest (whether or
not in possession) in the historic property (other than
the qualified organization),
``(B) such agreement is entered into with a State
historic preservation agency (or similar State agency)
and filed with the Secretary with the return of the tax
imposed by section 2001,
``(C) such agreement provides that the only
activities carried on at the historic property are
activities which are substantially related (aside from
the need for income or funds or the use made of the
profits derived) to--
``(i) the public view and visitation of
such property and the property described in the
last sentence of subsection (b)(1) with respect
to such property), and
``(ii) the maintenance and preservation of
such property and surrounding areas for such
public view and visitation,
``(D) such agreement provides that the historic
property will be open to the public for a period of at
least 20 years beginning on the date on which the
return of the tax imposed by section 2001 is filed, and
``(E) such agreement provides that any admission
fees (if any) shall bear a reasonable relationship to
admission fees for other comparable tourist sites and
shall be approved by such State historic preservation
agency (or similar State agency).
``(2) Treatment of food, lodging, and meeting facilities
provided to general public.--The regular carrying on--
``(A) a trade or business of providing lodging
shall be treated as not substantially related for
purposes of paragraph (1)(C),
``(B) a trade or business of providing food shall
be treated as not substantially related for purposes of
paragraph (1)(C) unless--
``(i) such food is only provided to
individuals who pay the generally applicable
admission fees (if any) for admission to the
property by individuals to whom no food is
provided, and
``(ii) only an insubstantial portion of the
structures on the historic property is devoted
to the provision of such food, and
``(C) a trade or business of providing facilities
for meetings or events shall be treated as not
substantially related for purposes of paragraph (1)(C)
unless all of the net proceeds from such trade or
business are used for maintenance or preservation of
the historic property.
``(3) Open to the public.--For the purposes of paragraph
(1)(D), the 20-year period referred to in such paragraph shall
be suspended during reasonable periods of renovation.
``(d) Tax Treatment of Dispositions and Failure To Comply With
Agreement.--
``(1) Imposition of additional estate tax.--If, during the
20-year period referred to in subsection (c)(1)(D)--
``(A) any person signing the written agreement
referred to in subsection (c) disposes of any interest
in the qualified historic property, or
``(B) there is a violation of any provision of such
agreement (as determined under regulations prescribed
by the Secretary),
then there is hereby imposed an additional estate tax.
``(2) Exception for certain transferees who agree to be
bound by agreement.--No tax shall be imposed under paragraph
(1) by reason of any disposition if the person acquiring the
property--
``(A) is a qualified organization or is a member of
the family (as defined in section 2032A(e)(2)) of the
person disposing of such property, and
``(B) agrees to be bound by the agreement referred
to in subsection (b)(4) and to be liable for any tax
under this subsection in the same manner as the person
disposing of such property.
``(3) Amount of additional tax.--
``(A) In general.--The amount of the additional tax
imposed by paragraph (1) with respect to any property
shall be an amount equal to the applicable percentage
of the excess of--
``(i) what would (but for subsection (a))
have been the tax imposed by section 2001
(reduced by the credits allowable), over
``(ii) the tax imposed by section 2001 (as
so reduced).
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage is the
percentage determined in accordance with the following
table for the year (of 20-year period referred to in
subsection (c)(1)(D)) in which the event described in
paragraph (1) occurs:
``If the event
The applicable
occurs during:
percentage is:
The 1st 12 years of such 20-year 100 percent
period.
The 13th or 14th year of such period. 80 percent
The 15th or 16th year of such period. 60 percent
The 17th or 18th year of such period. 40 percent
The 19th or 20th year of such period. 20 percent.
``(4) Due date.--The additional tax imposed by this
subsection shall be due and payable on the day which is 6
months after the date of the disposition or violation referred
to in paragraph (1).
``(5) Liability for tax.--Any person signing the agreement
referred to in subsection (c) (other than the executor) shall
be personally liable for the additional tax imposed by this
subsection. If more than 1 person is liable under this
subsection, all such persons shall be jointly and severally
liable.
``(6) Certain other rules to apply.--Rules similar to the
rules of sections 1016(c), 2013(f), and 2032A(f) shall apply
for purposes of this subsection.
``(e) Other Special Rules.--
``(1) Coordination with deduction for transfer of
easement.--Section 2055(f) shall not apply to any interest
referred to therein with respect to property for which a
deduction is allowed under subsection (a).
``(2) Denial of deduction of indebtedness on excluded
property.--No deduction shall be allowed under section 2053 for
indebtedness in respect of property the value of which is
deducted under subsection (a).
``(3) Submission of annual inventories of personal
property.--The Secretary shall require the submission to the
Secretary of such inventories of personal property which is
qualified historic property as the Secretary determines are
necessary for purposes of this section.''
(b) Technical Amendments.--
(1) Subsection (a) of section 1014 of such Code is amended
by striking the period at the end of paragraph (3) and
inserting ``, or'' and by adding after paragraph (3) the
following new paragraph:
``(4) in the case of property the value of which was
deducted under section 2057(a), the adjusted basis of such
property in the hands of the decedent immediately before the
death of the decedent.''
(2) Subparagraph (A) of section 2056A(b)(10) of such Code
is amended by inserting ``2057,'' after ``2056,''.
(3) The table of sections for part IV of subchapter A of
chapter 11 of such Code is amended by adding at the end the
following new item:
``Sec. 2057. Qualified historic
property.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to the estates of decedents dying after the date of
the enactment of this Act. | Amends the Internal Revenue Code to provide that for purposes of determining estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property. Defines qualified historic property. Requires, among other things, that the historic property will be open to the public for a period of at least 20 years and will have reasonable admission fees. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness Integrated with Teaching
Kids Act'' or the ``FIT Kids Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Childhood obesity has reached epidemic proportions in
the United States.
(2) Researchers estimate that medical costs of the obesity
epidemic may total as much as $147,000,000,000 annually.
(3) The prevalence of overweight in children between the
ages of 6 and 11 years increased from 4.0 percent between 1971
to 1974 to 17.5 percent between 2001 to 2004, and the
prevalence of overweight in adolescents between the ages of 12
and 19 years increased from 6.1 percent to 17.0 percent.
(4) Recent studies indicating that 17 percent of 6 to 11
year-olds and 17.6 percent of 12 to 19 year-olds are considered
obese. Furthermore, 33 percent of 6 to 11 year-olds and 34
percent of 12 to 19 year-olds are overweight; these rates have
roughly doubled since 1980.
(5) Of all United States deaths from major chronic disease,
23 percent are linked to sedentary lifestyles that now begin at
childhood.
(6) Overweight adolescents have a 70 to 80 percent chance
of becoming overweight adults, increasing their risk for
chronic disease, disability, and death.
(7) A decline in physical activity has contributed to the
unprecedented epidemic of childhood obesity.
(8) The Physical Activity Guidelines for Americans
published by the Secretary of Health and Human Services
recommend that children engage in 60 minutes or more of
physical activity each day.
(9) In a 2005 Government Accountability Office report on
key strategies to include in programs designed to target
childhood obesity, ``increasing physical activity'' was
identified as the most important component in any such program.
(10) Part of the decline in physical activity has been in
our Nation's schools, where physical education programs have
been cut back in the past 2 decades.
(11) The national standard for physical education
frequency, as outlined in the Physical Activity Guidelines for
Americans, is 150 minutes per week in elementary school and 225
minutes per week in middle school and high school.
(12) Only 3.8 percent of elementary schools, 7.9 percent of
middle schools, and 2.1 percent of high schools provide daily
physical education or its equivalent for the entire school
year, and 22 percent of schools do not require students to take
any physical education at all.
(13) Among children ages 9 to 13, 61.5 percent do not
participate in any organized physical activity during out-of-
school hours.
(14) Regular physical activity is associated with a
healthier, longer life and a lower risk of cardiovascular
disease, high blood pressure, diabetes, obesity, and some
cancers.
(15) Research suggests a strong correlation between
children's fitness and their academic performance as measured
by grades in core subjects and standardized test scores.
(16) Approximately 81 percent of adults believe daily
physical education should be mandatory in schools.
SEC. 3. INCREASING AWARENESS OF PHYSICAL ACTIVITY OPPORTUNITIES AT
SCHOOL.
(a) Local Educational Agencies.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, each local
educational agency located in a State receiving funds under part A of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) shall--
(1) post on its Internet website, or otherwise make
available to parents and families of students served by the
agency, information on healthful eating habits, physical
education, and physical activity, including information on--
(A) the importance of a healthy lifestyle
(including healthful eating habits, physical education,
and physical activity) for an effective learning
environment;
(B) how schools served by the agency are promoting
healthy lifestyles, including information on applicable
elementary school and secondary school programs and
policies regarding nutrition, physical education, and
physical activity (including coordinated school health
plans or local wellness policies, as applicable);
(C) whether the schools served by the agency follow
an age-appropriate physical education curriculum for
all elementary school and secondary school students
enrolled in the schools that adheres to national
guidelines adopted by the Centers for Disease Control
and Prevention of the Department of Health and Human
Services or the State in which the school is located;
(D) the most recent national recommendations for
physical education and physical activity for elementary
school and secondary school students, as established by
the Centers for Disease Control and Prevention of the
Department of Health and Human Services; and
(E) a description of the amount of time that
students in kindergarten through grade 12 served by the
agency are required to spend in physical education,
disaggregated by grade level, including information on
criteria for granting students a waiver or exemption,
or allowing a substitution for the requirement; and
(2) assist each school served by the agency in collecting
and disseminating (such as through the Internet website of the
school) to parents and families of students enrolled in the
school, information on--
(A) whether the school follows an age-appropriate
physical education curriculum for all students enrolled
in the school that adheres to national guidelines
adopted by the Centers for Disease Control and
Prevention of Health and Human Services or the State in
which the school is located;
(B) the most recent national recommendations for
physical education and physical activity for elementary
school and secondary school students, as established by
the Centers for Disease Control and Prevention of the
Department of Health and Human Services;
(C) the requirements described in paragraph (1)(E);
(D) a description of the facilities available for
physical education and physical activity for students
enrolled in the school; and
(E) if applicable, any health and wellness council
(such as a school health council or local wellness
policy council) located in the school or that the
school is involved with, including information on--
(i) members;
(ii) membership criteria;
(iii) opportunities for parental
involvement; and
(iv) meeting dates and agendas.
(b) State Educational Agencies.--
(1) Submission; information availability.--Not later than
15 days after a local educational agency described in
subsection (a) posts on its Internet website the information
described in subsection (a)(1)(E), and annually thereafter, the
local educational agency shall provide to the applicable State
educational agency the information described in such
subsection.
(2) Additional duties of the state educational agency.--A
State educational agency that receives information under
paragraph (1) shall ensure that the information is made
available to the general public within a reasonable period of
time, such as through the Internet website of the State
educational agency.
SEC. 4. STUDIES ON PHYSICAL ACTIVITY AND FITNESS.
(a) National Research Council Study.--Subject to the availability
of funds appropriated to carry out this subsection, the Secretary of
Education shall enter into a contract with the National Research
Council of the National Academy of Sciences to--
(1) examine and make recommendations regarding--
(A) various means that may be employed to
incorporate physical activity into elementary school
and secondary school settings, and before- and after-
school programs;
(B) innovative and effective ways to increase
physical activity for all students in kindergarten
through grade 12; and
(C) efforts to encourage the participation of
students with disabilities in physical education
programs and the types of accommodations used to
increase the participation of such students;
(2) study the impact of health, level of physical activity,
and amount of physical education on students' ability to learn
and maximize performance in school; and
(3) study and provide specific recommendations for
effectively measuring the progress students, at the elementary
school and secondary school level, in increasing physical
activity and improving their health and well-being, including
improving their--
(A) knowledge, awareness, and behavior, related to
nutrition and physical activity;
(B) cognitive development, and fitness, with
physical education;
(C) knowledge of lifetime physical activity and
health promotion; and
(D) performance on overall health indicators,
including flexibility, endurance, strength, balance,
and blood pressure.
(b) National Fitness Study.--Subject to the availability of funds
to carry out this subsection, the Secretary of Education shall conduct
a study on the participation of students in physical education and
other physical activities in public elementary schools and public
secondary schools that--
(1) examines student participation in exercise (including
sports and active games), including the types, frequency,
duration, and seasonality of exercise participation, through--
(A) school physical education classes;
(B) other school programs; and
(C) intramural activities; and
(2) assesses student physical activity and fitness levels.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2011.
SEC. 5. DISSEMINATION OF BEST PRACTICES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Education shall identify and
make available to State educational agencies and local educational
agencies, best practices on innovative physical education and physical
activity policies and programs at the State and local level, including
best practices that--
(1) identify and address common challenges to States and
local educational agencies in implementing physical education
and physical activity policies and programs, including barriers
for meeting national recommendations for physical education and
physical activity in schools, as established by the Centers for
Disease Control and Prevention of the Department of Health and
Human Services; and
(2) meet or are working toward meeting the national
recommendations for physical education and physical activity in
schools, as established by the Centers for Disease Control and
Prevention of the Department of Health and Human Services.
(b) Updating Best Practices.--The Secretary shall update the best
practices described in subsection (a) after completion of the study
carried out under section 4(a).
SEC. 6. PROMOTING THE HEALTHIERUS SCHOOL CHALLENGE.
The Secretary of Education, in collaboration with the Secretary of
Agriculture, shall encourage schools to participate in the HealthierUS
School Challenge of the Food and Nutrition Service of the Department of
Agriculture.
SEC. 7. DEFINITIONS.
Except as otherwise provided, any term used in this Act that is
defined in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801) shall have the meaning given the term in such
section.
Passed the House of Representatives April 21, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Fitness Integrated with Teaching Kids Act or the FIT Kids Act - (Sec. 3) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require local educational agencies (LEAs) located in states receiving school improvement funds to annually provide the families of their students with information on healthful eating habits, physical education, and physical activity.
Requires such LEAs to assist their schools in annually collecting and disseminating to the families of school students information on: (1) the most recent national recommendations for physical education and physical activity for students, as established by the Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services (HHS); (2) whether the school follows an age-appropriate physical education curriculum for all students that adheres to such guidelines or state guidelines; (3) the amount of time that students in kindergarten through grade 12 are required to spend in physical education, disaggregated by grade level; (4) the facilities available for physical education and physical activity for students enrolled in the school; and (5) any health and wellness council located in the school or with which the school is involved.
Requires: (1) LEAs to provide to their state a description of the amount of time that students in kindergarten through grade 12 are required to spend in physical education, disaggregated by grade level; and (2) the state to ensure that such information is made available to the public.
(Sec. 4) Directs the Secretary of Education to contract with the National Research Council of the National Academy of Sciences (NAS) to study: (1) ways of incorporating physical education into school settings, and before- and after-school programs; (2) innovative and effective ways to increase physical activity for all students in kindergarten through grade 12; (3) efforts to encourage the participation of disabled students in physical education programs and the types of accommodations used to increase their participation; (4) the impact health and physical activity and education have on students' ability to learn; and (5) the progress students make in increasing their physical activity and improving their health and well-being, with specific recommendations for effectively measuring such progress.
Directs the Secretary to study the participation of students in physical education and other physical activities in public elementary and secondary schools and assess their physical activity and fitness levels.
(Sec. 5) Directs the Secretary to: (1) identify and make available to states and LEAs, best practices on innovative physical education and physical activity policies and programs at the state and local level; and (2) update the best practices after the NAS study is completed.
(Sec. 6) Directs the Secretary, in collaboration with the Secretary of Agriculture, to encourage schools to participate in the HealthierUS School Challenge of the Food and Nutrition Service of the Department of Agriculture. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Directory of Caregivers
Act'' or the ``Medicaid DOC Act''.
SEC. 2. REQUIRING PUBLICATION OF FEE-FOR-SERVICE PROVIDER DIRECTORY.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended by inserting after paragraph (77) the
following new paragraph:
``(78) provide that, not later than 180 days after the date
of the enactment of this paragraph, in the case of a State plan
that provides medical assistance on a fee-for-service basis or
through a primary care case-management system described in
section 1915(b)(1) (other than a primary care case management
entity (as defined by the Secretary)), the State shall publish
(and update on at least an annual basis) on the public Website
of the State agency administering the State plan, a directory
of the providers (including, at a minimum, primary and
specialty care physicians) described in subsection (ll) that
includes--
``(A) with respect to each such provider--
``(i) the name of the provider;
``(ii) the specialty of the provider;
``(iii) the address of the provider; and
``(iv) the telephone number of the
provider; and
``(B) with respect to any such provider
participating in such a primary care case-management
system, information regarding--
``(i) whether the provider is accepting as
new patients individuals who receive medical
assistance under this title; and
``(ii) the provider's cultural and
linguistic capabilities, including the
languages spoken by the provider or by the
skilled medical interpreter providing
interpretation services at the provider's
office;''.
(b) Directory Providers Described.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended by adding at the end the
following new subsection:
``(ll) Directory Providers Described.--A provider described in this
subsection is--
``(1) in the case of a provider of a provider type for
which the State agency, as a condition on receiving payment for
items and services furnished by the provider to individuals
eligible to receive medical assistance under the State plan,
requires the enrollment of the provider with the State agency,
a provider that--
``(A) is enrolled with the agency as of the date on
which the directory is published or updated (as
applicable) under subsection (a)(78); and
``(B) received payment under the State plan in the
12-month period preceding such date; and
``(2) in the case of a provider of a provider type for
which the State agency does not require such enrollment, a
provider that received payment under the State plan in the 12-
month period preceding the date on which the directory is
published or updated (as applicable) under subsection
(a)(78).''.
(c) Rule of Construction.--
(1) In general.--The amendment made by subsection (a) shall
not be construed to apply in the case of a State in which all
the individuals enrolled in the State plan under title XIX of
the Social Security Act (or under a waiver of such plan), other
than individuals described in paragraph (2), are enrolled with
a medicaid managed care organization (as defined in section
1903(m)(1)(A) of such Act (42 U.S.C. 1396b(m)(1)(A))),
including prepaid inpatient health plans and prepaid ambulatory
health plans (as defined by the Secretary of Health and Human
Services).
(2) Individuals described.--An individual described in this
paragraph is an individual who is an Indian (as defined in
section 4 of the Indian Health Care Improvement Act (25 U.S.C.
1603)) or an Alaska Native.
(d) Exception for State Legislation.--In the case of a State plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
which the Secretary determines requires State legislation in order for
the respective plan to meet one or more additional requirements imposed
by amendments made by this section, the respective plan shall not be
regarded as failing to comply with the requirements of such title
solely on the basis of its failure to meet such an additional
requirement before the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this section.
For purposes of the previous sentence, in the case of a State that has
a 2-year legislative session, each year of the session shall be
considered to be a separate regular session of the State legislature. | Medicaid Directory of Caregivers Act or the Medicaid DOC Act This bill amends title XIX (Medicaid) of the Social Security Act to require a state to publish and annually update a directory of providers that participate in the state plan for medical assistance on a fee-for-service basis or through a primary care case-management system. The directory must include each provider's name, specialty, address, and telephone number. In addition, with respect to a provider that participates in a primary care case-management system, the directory must specify: (1) the provider's language capabilities, and (2) whether the provider is accepting new Medicaid patients. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Protection and Tax
Relief Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Working people are subject to social security taxes as
well as income taxes, and for over 90 percent of the population
the combined tax on earned income is higher than the income tax
rates of 15 percent and 28 percent that apply to unearned
income.
(2) There is no logical reason why social security taxes
should be imposed only on earnings and not on unearned income
(such as dividends, interest, rent income, and capital gains).
SEC. 3. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to determination of tax liability) is amended by
adding at the end the following new part:
``PART VIII--SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME
``Sec. 59B. Social security tax on
certain unearned income.
``SEC. 59B. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME.
``(a) Imposition of Tax.--In the case of an individual, there is
hereby imposed (in addition to any other tax imposed by this subtitle)
for each taxable year a tax equal to 12 percent of such individual's
social security taxable income for such taxable year.
``(b) Definitions.--For purposes of this section--
``(1) Social security taxable income.--The term `social
security taxable income' means adjusted gross income reduced by
the greater of--
``(A) the sum of--
``(i) the standard deduction applicable to
the taxpayer (or which would be applicable if
the taxpayer did not elect to itemize
deductions for the taxable year), and
``(ii) the deduction for personal
exemptions under section 151 (determined
without regard to subsection (d)(3) thereof),
or
``(B) the aggregate exempt income of the taxpayer
for the taxable year.
``(2) Exempt income.--The term `exempt income' means the
following amounts to the extent included in gross income:
``(A) Amounts received as a pension or annuity from
a qualified plan (as defined in section 4980(c)(1)).
``(B) Amounts received as a social security benefit
(as defined in section 86(d)).
``(C) Amounts received as earned income (within the
meaning of section 911(d)).
``(c) Credits Not Allowed, Etc.--The tax imposed by this section
shall not be treated as a tax imposed by this chapter for purposes of
determining--
``(1) the amount of any credit allowable under this
chapter, or
``(2) the amount of the minimum tax imposed by section
55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. Social security tax on
certain unearned income.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
(d) Transfers to Trust Funds.--
(1) In general.--There are hereby appropriated to the payor
funds amounts equivalent to the tax imposed by section 59B of
such Code (as added by this section). The Secretary of the
Treasury shall make appropriate allocations of revenue received
in the general fund of the Treasury to each payor fund.
(2) Transfers.--The amounts appropriated by paragraph (1)
to any payor fund shall be transferred from time to time (but
not less frequently than quarterly) from the general fund of
the Treasury on the basis of estimates made by the Secretary of
the Treasury of the amounts referred to in such paragraph. Any
such quarterly payment shall be made on the first day of such
quarter and shall take into account revenue estimated to be
received during such quarter. Proper adjustments shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(3) Definitions.--For purposes of this subsection--
(A) Payor fund.--The term ``payor fund'' means any
trust fund or account from which payments of social
security benefits are made.
(B) Social security benefits.--The term ``social
security benefits'' has the meaning given such term by
section 86(d) of the Internal Revenue Code of 1986.
SEC. 4. CHANGE IN RATES OF SOCIAL SECURITY TAXES.
(a) Decrease in Rate of OASDI Tax on Employees.--The table in
section 3101(a) of the Internal Revenue Code of 1986 is amended by
striking the last item and inserting the following:
``1990 or any year before 2002................ 6.2 percent
``2002 or thereafter.......................... 4.95 percent.''
(b) Decrease in Rate of OASDI Tax on Employers.--The table in
section 3111(a) of such Code is amended by striking the last item and
inserting the following:
``1990 or any year before 2002................ 6.2 percent
``2002 or thereafter.......................... 4.95 percent.''
(c) Decrease in Rate of OASDI Tax on Self-Employment Income.--The
table in section 1401(a) of such Code is amended by striking the last
item and inserting the following:
``December 31, 1989................. January 1, 2002........ 12.4
``December 31, 2001................. ....................... 9.9.'' | Social Security Protection and Tax Relief Act of 2001 - Amends the Internal Revenue Code to impose a 12 percent tax on an individual's "social security taxable income." Defines such income as adjusted gross income reduced by the greater of: (1) the sum of the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year) and the deduction for personal exemptions (determined without regard to the phase out); or (2) the aggregate exempt income of the taxpayer for the taxable year. Defines such exempt income as amounts received as a pension or annuity, social security benefits, and earned income. Decreases the old age, survivors, and disability income (social security taxes) tax rates. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Facility and Material
Security Act of 2008''.
SEC. 2. NUCLEAR REACTOR DESIGNS REGARDING AIRCRAFT IMPACT.
(a) Final Rule.--Not later than 1 year after the date of enactment
of this Act, the Nuclear Regulatory Commission shall issue a final rule
requiring all commercial nuclear power reactors approved for
construction after such date of enactment to be designed to withstand a
large commercial aircraft impact. Such rule shall address the
structural response, shock and vibration effects, and fire effects of
the impact.
(b) Required Design Features.--Such final rule shall require design
features to ensure that--
(1) important safety functions will operate for a
sufficient period of time after the impact of a large
commercial aircraft so that the unit can be safely shut down
and maintained in safe shutdown condition; and
(2) the consequences of the impact will not result in a
release of radioactive materials to the environment that causes
a member of the surrounding community to receive a dose that
triggers an evacuation recommendation, consistent with the
levels established by the Environmental Protection Agency and
the Public Protection Action Guide Limit for Evacuation and
Shelter (EPA 400-R-92-001).
SEC. 3. SPENT FUEL SECURITY ENHANCEMENTS.
(a) Storage Rule.--Not later than 18 months after the date of
enactment of this Act, the Nuclear Regulatory Commission shall issue a
final rule requiring--
(1) the configuration of spent fuel assemblies stored in
spent fuel pools to minimize the risk of fire in the event the
spent fuel pools are drained during an accident or terrorist
attack;
(2) spent nuclear fuel to be transferred from a spent fuel
pool into dry cask storage at the earliest possible time that
the heat load of the spent fuel material allows for such
transfer to occur safely; and
(3) mitigation features such as water-spray systems to cool
spent fuel in the event spent fuel pools are drained during an
accident or terrorist attack.
(b) Independent Installation Security.--
(1) Rulemaking requirement.--Not later than 1 year after
the date of enactment of this Act, the Nuclear Regulatory
Commission shall issue an Independent Spent Fuel Storage
Installation security final rule that makes such installations
subject to the security evaluation requirements of section 170D
of the Atomic Energy Act of 1954 (42 U.S.C. 2210d).
(2) Design basis threat.--The rule issued under paragraph
(1) shall provide for incorporating Independent Spent Fuel
Storage Installations into the design basis threat rule issued
under section 170E of the Atomic Energy Act of 1954 (42 U.S.C.
2210e).
SEC. 4. CONSIDERING THE RISK OF ACTS OF TERRORISM ON NUCLEAR
FACILITIES.
The Nuclear Regulatory Commission shall consider the likely
consequences of a potential terrorist attack in any review it is
required to undertake under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 5. POTASSIUM IODIDE.
(a) Repeal of Waiver Authority.--Section 127(f) of the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002
(42 U.S.C. 300hh-12 note) is repealed.
(b) Jurisdictional Authority.--The Secretary of Health and Human
Services shall exercise all Federal authority over the distribution of
potassium iodide as a medical prophylaxis for radiological exposure in
humans, including all activities under section 127 of the Public Health
Security and Bioterrorism Preparedness and Response Act of 2002 (42
U.S.C. 300hh-12 note).
(c) NAS Studies.--Not later than June 30, 2011, and at least once
every 5 years thereafter, the Secretary of Health and Human Services
shall enter into an arrangement with the National Academy of Sciences
for studies on appropriate emergency response plans to nonroutine
releases of radioactive materials, including from nuclear power plants,
spent fuel storage facilities, radiological dispersal devices, and
improvised nuclear explosive devices. Such studies shall address
evacuation, sheltering, food interdiction, and medical prophylaxes for
radioiodine and other radioisotopes that are released in such events.
Such studies shall--
(1) review relevant evacuations and food interdictions of
the preceding five-year period for lessons learned;
(2) identify the population that would be exposed by the
release and evaluate the potential consequences of such
exposure;
(3) recommend best practices for emergency response to
radiological releases; and
(4) evaluate new research on medical prophylaxes for
radioiodine and other radioisotopes released in such events and
recommend whether additional medical prophylaxes should be
procured for the Strategic National Stockpile or State and
local stockpiles.
(d) Secretary's Actions.--Based on the findings of the studies
conducted under subsection (c), the Secretary of Health and Human
Services shall--
(1) consider the advisability of procurement for the
Strategic National Stockpile, and distribution to State and
local governments, of medical prophylaxes other than potassium
iodide, against radioiodine and other radiological byproducts;
and
(2) update the Federal potassium iodide distribution
guidelines, including with lessons learned from evacuation
events, as necessary.
(e) Guidelines.--Section 127(c) of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12
note) is amended to read as follows:
``(c) Guidelines.--Not later than 60 days after the date of
enactment of the Nuclear Facility and Material Security Act of 2008,
the Secretary of Health and Human Services, in consultation with
individuals representing appropriate Federal, State, and local
agencies, shall establish guidelines for the stockpiling of potassium
iodide tablets, and for the distribution and utilization of potassium
iodide tablets in the event of a nuclear incident.''.
SEC. 6. AUDIT OF SAFETY AND SECURITY ANALYSIS AND REVIEW ACTIVITIES.
Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841
et seq.) is amended by adding at the end the following:
``audit of safety and security analysis and review activities
``Sec. 213. (a) There shall be established within the Office of
the Inspector General of the Commission a unit with appropriate and
adequate technical staff, including degreed engineers with nuclear
power plant experience, which shall audit the Commission's regulatory
oversight activities related to safety and security of civilian nuclear
facilities.
``(b) There are authorized to be appropriated to the Commission,
for carrying out this Act, such sums as may be necessary.''.
SEC. 7. RADIATION SOURCE PROTECTION.
(a) Categorization of Radiation Sources.--Section 170H f. of the
Atomic Energy Act of 1954 (42 U.S.C. 2210h(f)) is amended by adding at
the end the following new paragraph:
``(4) Not later than 1 year after the date of the enactment of this
paragraph, the task force shall--
``(A) complete an evaluation of the materials listed in the
Code of Conduct;
``(B) make recommendations to amend the Commission's
regulatory requirements for certain radiation sources or
activity levels of certain radiation sources to account for--
``(i) risks associated with the deliberate
dispersal of those materials from radiation sources,
including dispersal for the purpose of causing the
ingestion or inhalation of those materials; and
``(ii) the radiation source's potential to cause
contamination of large areas, or economic and social
disruption that could result from a terrorist attack;
and
``(C) designate additional radiation sources for which the
risks described in subparagraph (B)(i) and (ii) are
particularly high as high-risk radiation sources for purposes
of section 2(e) of the Nuclear Facility and Material Security
Act of 2008.
Upon completion of the recommendations under this paragraph, the
Commission shall implement those recommendations by regulation.''.
(b) Transportation of Radiation Sources.-- Not later than 18 months
after the date of enactment of this Act, the Nuclear Regulatory
Commission shall publish a final rule revising its regulations on the
security requirements for the transportation of Category 1, 2, and 3
sources (as defined in the Code of Conduct referred to in section 170H
a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(1))),
including a requirement that shipments of Category 1, 2, and 3 sources
be equipped with covert technology that would enable location tracking
and recovery in the event the shipments or sources are stolen or
diverted.
(c) Radiation Source Licensing.--Not later than 18 months after the
date of enactment of this Act, the Nuclear Regulatory Commission shall
issue a final rule requiring carriers and transporters transporting
within the United States radiation sources (as defined in section 170H
a.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2210h(a)(2))) to be
licensed by the Commission.
(d) National Radiation Source Tracking System.--Not later than 2
years after the date of enactment of this Act, the Nuclear Regulatory
Commission shall issue a final rule, pursuant to its authority to
promote or protect the common defense and security under section 161 of
the Atomic Energy Act of 1954 (42 U.S.C. 2201), and in a manner that
maximizes the use of appropriate State government capabilities, to
revise Commission regulations with respect to the National Source
Tracking System to require technologies and systems that can provide
real-time tracking and enable locating--
(1) Category 1, 2, and 3 sources (as defined in the Code of
Conduct referred to in section 170H a.(1) of the Atomic Energy
Act of 1954 (42 U.S.C. 2210h(a)(1))); and
(2) radiation sources with \1/10\ or more of the activity
threshold of such Category 3 sources.
(e) High-Risk Radiation Sources Security and Replacement.--
(1) Rule.--Not later than 2 years after the date of
enactment of this Act, the Nuclear Regulatory Commission shall
issue a final rule, pursuant to its authority to promote or
protect the common defense and security under section 161 of
the Atomic Energy Act of 1954 (42 U.S.C. 2201), to establish
requirements leading to the replacement of all high-risk
radiation sources. Such rule shall include provisions that--
(A) discontinue licensing for each application of
new high-risk radiation sources as soon as is
practicable, but in no event later than 10 years after
the date of enactment of this Act, unless
technologically feasible alternatives are not
available;
(B) prescribe a new license fee structure, or other
means of guaranteeing the availability of funds, for
any new licenses of high-risk radiation sources to
ensure that the costs of disposition of the high-risk
radiation sources will be covered;
(C) provide for incentives for decommissioning and
replacing existing high-risk radiation sources;
(D) prohibit the export of high-risk radiation
sources to other countries; and
(E) prescribe enhanced security measures for
existing high-risk radiation sources.
(2) Task force recommendations.--Not later than 4 years
after the initial rule is issued under paragraph (1) or any
update is issued under paragraph (3), the Task Force on
Radiation Source Protection and Security established under
section 170H f. of the Atomic Energy Act of 1954 (42 U.S.C.
2210h(f)) shall review the rule or update and make
recommendations for appropriate modifications to the rule or
update to account for--
(A) the emergence of new technologies that can be
used to replace high-risk radiation sources; and
(B) new security threats or intelligence
information regarding the risk of a deliberate attack
using these radiation sources.
(3) Nuclear regulatory commission review.--Taking into
consideration the recommendations of the task force under
paragraph (2), the Commission shall review and update the rule
issued under paragraph (1) not less frequently than once every
5 years to account for--
(A) the emergence of new technologies that can be
used to replace high-risk radiation sources; and
(B) new security threats or intelligence
information regarding the risk of a deliberate attack
using these radiation sources.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Nuclear Regulatory Commission for
carrying out paragraph (1)(C) such sums as may be necessary for
the fiscal years 2009 through 2013.
(5) Department of energy program.--There are authorized to
be appropriated to the Secretary of Energy $50,000,000 for the
period encompassing fiscal years 2009 through 2018 for the
acceptance, storage, and disposition of high-risk radiation
sources by the Department's United States Radiological Threat
Reduction Program.
(6) Definition.--For purposes of this subsection, the term
``high-risk radiation source'' means cesium chloride and any
other radiation source that is designated by the Task Force on
Radiation Source Protection and Security under section 170H
f.(4)(C) of the Atomic Energy Act of 1954 (42 U.S.C.
2210h(f)(4)(C)). | Nuclear Facility and Material Security Act of 2008 - Directs the Nuclear Regulatory Commission (NRC) to issue a final rule requiring: (1) all commercial nuclear power reactors approved for construction after enactment of this Act to be designed to withstand a large commercial aircraft impact; and (2) certain spent fuel security enhancements.
Directs the NRC to issue an Independent Spent Fuel Storage Installation security final rule that: (1) makes such installations subject to specified security evaluation requirements of the Atomic Energy Act of 1954; and (2) incorporates such installations into a certain design basis threat rule.
Requires the NRC to consider the likely consequences of a potential terrorist attack in any review it is required to undertake under the National Environmental Policy Act of 1969.
Amends the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to repeal the statement that certain requirements to make potassium iodide tablets available to state and local governments for stockpiling shall cease to apply if the President determines that there is an alternative and more effective prophylaxis or preventive measures for adverse thyroid conditions that may result from the release of radionuclides from nuclear power plants.
Vests the Secretary of Health and Human Services with all federal authority over the distribution of potassium iodide as a medical prophylaxis for radiological exposure in humans.
Directs the Secretary to arrange with the National Academy of Sciences (NAS) for studies on appropriate emergency response plans to nonroutine releases of radioactive materials, including from nuclear power plants, spent fuel storage facilities, radiological dispersal devices, and improvised nuclear explosive devices.
Directs the Secretary to establish guidelines for the stockpiling and distribution of potassium iodide tablets in the event of a nuclear incident.
Amends the Energy Reorganization Act of 1974 to establish within the Office of the Inspector General of the NRC a unit with appropriate and adequate technical staff with nuclear power plant experience to audit NRC regulatory oversight regarding civilian nuclear facilities.
Amends the Atomic Energy Act of 1954 to require the NRC to promulgate final rules governing radiation source protection measures.
Directs the NRC to publish final rules: (1) revising regulations on security requirements for transportation of radiation sources; (2) requiring carriers and transporters transporting radiation sources within the United States to be licensed by the NRC; (3) revising National Source Tracking System regulations to require technologies and systems that can provide real-time tracking and enable locating of specified radiation sources; and (4) establishing requirements leading to the replacement of all high-risk radiation sources.
Authorizes appropriations for the acceptance, storage, and disposition of high-risk radiation sources by the Department of Energy United States Radiological Threat Reduction Program. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Corrections Act of 1997''.
SEC. 2. GRANTS FOR FACILITIES FOR VIOLENT AND SERIOUS CHRONIC JUVENILE
OFFENDERS.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Office of Juvenile Justice and Delinquency Prevention of
the Department of Justice;
(2) the term ``combination'' has the same meaning as in
section 103 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603);
(3) the term ``juvenile delinquency program'' has the same
meaning as in section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603);
(4) the term ``qualifying State'' means a State that has
submitted, or a State in which an eligible unit of local
government has submitted, a grant application that meets the
requirements of subsections (c) and (e);
(5) the terms ``secure detention facility'' and ``secure
correctional facility'' have the same meanings as in section
103 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603);
(6) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands; and
(7) the term ``unit of local government'' has the same
meaning as in section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603).
(b) Authorization of Grants.--The Administrator may make grants to
States and units of local government, or combinations thereof, to
assist them in planning, establishing, and operating secure detention
facilities, secure correctional facilities, and other facilities and
programs for violent juveniles and serious chronic juvenile offenders
who are accused of or who have been adjudicated as having committed one
or more offenses.
(c) Applications.--
(1) In general.--The chief executive officer of a State or
unit of local government that seeks to receive a grant under
this section shall submit to the Administrator an application,
in such form and in such manner as the Administrator may
prescribe.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) provide assurances that each facility or
program funded with a grant under this section will
provide appropriate educational and vocational training
and substance abuse treatment for juvenile offenders;
and
(B) provide assurances that each facility or
program funded with a grant under this section will
afford juvenile offenders intensive post-release
supervision and services.
(d) Minimum Amount.--Of the total amount made available under
subsection (g) to carry out this section in any fiscal year--
(1) except as provided in paragraph (2), each qualifying
State, together with units of local government within the
State, shall be allocated not less than 1.0 percent; and
(2) the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands shall each be allocated 0.2
percent.
(e) Performance Evaluation.--
(1) Evaluation components.--
(A) In general.--Each facility or program funded
with a grant under this section shall contain an
evaluation component developed pursuant to guidelines
established by the Administrator.
(B) Outcome measures.--Each evaluation required by
this subsection shall include outcome measures that can
be used to determine the effectiveness of each program funded with
grant under this section, including the effectiveness of the program in
comparison with other juvenile delinquency programs in reducing the
incidence of recidivism, and other outcome measures.
(2) Periodic review and reports.--
(A) Review.--The Administrator shall review the
performance of each recipient of a grant under this
section.
(B) Reports.--The Administrator may require a grant
recipient to submit to the Office of Juvenile Justice
and Delinquency Prevention of the Department of Justice
the results of the evaluations required under paragraph
(1) and such other data and information as may be
reasonably necessary to carry out the Administrator's
responsibilities under this section.
(f) Technical Assistance and Training.--The Administrator shall
provide technical assistance and training to each recipient of a grant
under this section to assist those recipients in achieving the purposes
of this section.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $252,700,000 for fiscal year 1998;
(2) $266,000,000 for fiscal year 1999; and
(3) $275,310,000 for fiscal year 2000.
SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS.
Section 20108(a)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13708(a)(1)) is amended by striking
subparagraphs (C) through (E) and inserting the following:
``(C) $2,274,300,000 for fiscal year 1998;
``(D) $2,394,000,000 for fiscal year 1999; and
``(E) $2,477,790,000 for fiscal year 2000.''.
SEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE
CORRECTIONS PROGRAMS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall, after consultation with
the National Institute of Justice and other appropriate governmental
and nongovernmental organizations, submit to Congress a report
regarding the possible use of performance-based criteria in evaluating
and improving the effectiveness of juvenile delinquency programs.
(b) Contents.--The report required under this section shall include
an analysis of--
(1) the range of performance-based measures that might be
utilized as evaluation criteria, including measures of
recidivism among juveniles who have been incarcerated in a
secure correctional facility or a secure detention facility, or
who have participated in a juvenile delinquency program;
(2) the feasibility of linking Federal juvenile corrections
funding to the satisfaction of performance-based criteria by
grantees (including the use of a Federal matching mechanism
under which the share of Federal funding would vary in relation
to the performance of a facility or program);
(3) whether, and to what extent, the data necessary for the
Office of Juvenile Justice and Delinquency Prevention of the
Department of Justice to utilize performance-based criteria in
its administration of juvenile delinquency programs are
collected and reported nationally; and
(4) the estimated cost and feasibility of establishing
minimal, uniform data collection and reporting standards
nationwide that would allow for the use of performance-based
criteria in evaluating secure correctional facilities, secure
detention facilities, and juvenile delinquency programs and in
administering amounts appropriated for Federal juvenile
delinquency programs. | Juvenile Corrections Act of 1997 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure detention and correctional facilities and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of, or who have been adjudicated as having committed, one or more offenses.
Sets forth provisions regarding: (1) application requirements; (2) minimum amounts allocated to qualifying States; (3) performance evaluations; and (4) technical assistance and training. Authorizes appropriations.
Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants.
Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair American Corporate Tax Act'' or
``FACT Act''.
SEC. 2. DECREASE IN TOP MARGINAL RATE.
(a) In General.--Paragraph (1) of section 11(b) of the Internal
Revenue Code of 1986 is amended--
(1) by inserting ``and'' at the end of subparagraph (B),
(2) by striking subparagraphs (C) and (D) and inserting the
following subparagraph:
``(C) 28 percent of so much of the taxable income
as exceeds $75,000.'',
(3) by striking ``of $100,000'' and inserting ``of
$75,000'',
(4) by striking ``$11,750'' and inserting ``$7,250'', and
(5) by striking the third sentence.
(b) Certain Personal Service Corporations.--Paragraph (2) of
section 11(b) of such Code is amended by striking ``35 percent'' and
inserting ``28 percent''.
(c) Conforming Amendments.--
(1) Subsection (a) of section 1201 of such Code is amended
by striking ``35 percent'' each place it appears and inserting
``28 percent''.
(2) Paragraphs (1), (2), and (6) of section 1445(e) of such
Code are each amended by striking ``35 percent'' and inserting
``28 percent''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS.
(a) In General.--Section 894 of the Internal Revenue Code of 1986
(relating to income affected by treaty) is amended by adding at the end
the following new subsection:
``(d) Limitation on Treaty Benefits for Certain Deductible
Payments.--
``(1) In general.--In the case of any deductible related-
party payment, the amount of any withholding tax imposed under
chapter 3 (and any tax imposed under subpart A or B of this
part) with respect to such payment shall not be less than the
amount which would be imposed if the payment were made directly
to the foreign parent corporation (taking into account any
income tax treaty between the United States and the country in
which the foreign parent corporation is resident).
``(2) Deductible related-party payment.--For purposes of
this subsection, the term `deductible related-party payment'
means any payment made, directly or indirectly, by any person
to any other person if the payment is allowable as a deduction
under this chapter and both persons are members of the same
foreign controlled group of entities.
``(3) Foreign controlled group of entities.--For purposes
of this subsection--
``(A) In general.--The term `foreign controlled
group of entities' means a controlled group of entities
the common parent of which is a foreign corporation.
``(B) Controlled group of entities.--The term
`controlled group of entities' means a controlled group
of corporations as defined in section 1563(a)(1),
except that--
``(i) `more than 50 percent' shall be
substituted for `at least 80 percent' each
place it appears therein, and
``(ii) the determination shall be made
without regard to subsections (a)(4) and (b)(2)
of section 1563.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section 954(d)(3)) by
members of such group (including any entity treated as
a member of such group by reason of this sentence).
``(4) Foreign parent corporation.--For purposes of this
subsection, the term `foreign parent corporation' means, with
respect to any deductible related-party payment, the common
parent of the foreign controlled group of entities referred to
in paragraph (3)(A).
``(5) Regulations.--The Secretary may prescribe such
regulations or other guidance as are necessary or appropriate
to carry out the purposes of this subsection, including
regulations or other guidance which provide for--
``(A) the treatment of two or more persons as
members of a foreign controlled group of entities if
such persons would be the common parent of such group
if treated as one corporation, and
``(B) the treatment of any member of a foreign
controlled group of entities as the common parent of
such group if such treatment is appropriate taking into
account the economic relationships among such
entities.''.
(b) Effective Date.--The amendment made by this section shall apply
to payments made after the date of the enactment of this Act. | Fair American Corporate Tax Act or FACT Act - Amends the Internal Revenue Code to: (1) decrease from 35% to 28% the top marginal income tax rate for corporations (including personal service corporations); and (2) provide that the amount of any tax withholding for deductible payments made by a U.S. subsidiary of a foreign parent corporation to a related subsidiary in any country that has a tax treaty with the United States shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting American Agricultural and
Medical Exports to Cuba Act of 2009''.
SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM
AND EXPORT ENHANCEMENT ACT OF 2000.
Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) the term `payment of cash in advance' means,
notwithstanding any other provision of law, the payment
by the purchaser of an agricultural commodity or
product and the receipt of such payment by the seller
prior to--
``(i) the transfer of title of such
commodity or product to the purchaser; and
``(ii) the release of control of such
commodity or product to the purchaser.''.
SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT OF 2000.
(a) In General.--Notwithstanding any other provision of law
(including section 908(b)(1)(B) of the Trade Sanctions and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may
not restrict direct transfers from a Cuban depository institution to a
United States depository institution executed in payment for an
agricultural commodity or product authorized for sale under the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et
seq.).
(b) Depository Institution Defined.--In this section, the term
``depository institution'' means any entity that is engaged primarily
in the business of banking (including a bank, savings bank, savings
association, credit union, trust company, or bank holding company).
SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH
RESPECT TO CUBA.
(a) In General.--The Secretary of Agriculture shall establish a
program to provide information and technical assistance to United
States agricultural producers, cooperative organizations, and State
agencies that promote the sale of agricultural commodities or products,
in order to promote and facilitate exports of United States
agricultural commodities or products to Cuba as authorized by the Trade
Sanctions Reform and Export Enhancement Act of 2000.
(b) Technical Assistance To Facilitate Exports.--The Secretary of
Agriculture shall maintain on the website of the Department of
Agriculture information to assist exporters and potential exporters of
United States agricultural commodities or products with respect to
Cuba.
(c) Authorization of Funds.--The Secretary of Agriculture is
authorized to expend such sums as may be available in the Agricultural
Export Promotion Trust Fund established under section 9511 of the
Internal Revenue Code of 1986 (as added by section 5(b) of this Act).
SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN
UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL
EXPORT PROMOTION TRUST FUND.
(a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the
Internal Revenue Code of 1986 (relating to use of international travel
facilities) is amended by adding at the end the following new
paragraph:
``(4) Special rule for cuba.--In any case in which the tax
imposed by paragraph (1) applies to transportation beginning or
ending in Cuba before January 1, 2016, such tax shall be
increased by $1.00.''.
(b) Agricultural Export Promotion Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds)
is amended by adding at the end the following new section:
``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Agricultural
Export Promotion Trust Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Agricultural Export Promotion Trust Fund amounts equivalent to the
increase in taxes received in the Treasury by reason of section
4261(c)(4).
``(c) Expenditures.--Amounts in the Agricultural Export Promotion
Trust Fund shall be available, as provided by appropriation Acts, for
making expenditures to the Office of the Secretary of Agriculture for
the purposes set out in section 4 of the Promoting American
Agricultural and Medical Exports to Cuba Act of 2009.''.
(2) Conforming amendment.--Subparagraph (B) of section
9502(b)(1) of such Code is amended by inserting ``(other than
by reason of subsection (c)(4) thereof)'' after ``sections
4261''.
(3) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
``Sec. 9511. Agricultural Export Promotion Trust Fund.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to transportation beginning after the 90-day period beginning on
the date of the enactment of this Act, except that such amendment shall
not apply to amounts paid before the end of such period.
SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should issue visas for temporary entry into the
United States to nationals of Cuba whose itinerary documents an intent
to conduct activities, including phytosanitary inspections, relating to
the purchase of United States agricultural commodities or products
pursuant to the provisions of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
(b) Periodic Reports.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State shall submit to the Committee on Finance,
the Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Foreign Relations of the Senate, and the Committee
on Agriculture, the Committee on Ways and Means, and the
Committee on Foreign Affairs of the House of Representatives a
report on the issuance of visas described in subsection (a).
(2) Content of reports.--Each report under paragraph (1)
shall contain a full description of each application received
from a national of Cuba for a visa to travel to the United
States to engage in purchasing activities pursuant to the
provisions of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the
disposition of each such application.
SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA.
(a) Repeal of Requirement for Onsite Verifications.--Section 1705
of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by
striking subsection (d).
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to restrict the authority of the
President to--
(1) impose export controls with respect to the export of
medicines or medical devices under sections 5 or 6 of the
Export Administration Act of 1979 (as in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. App.
2404 or 2405)); or
(2) exercise the authority the President has under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) with respect to Cuba pursuant to a declaration of
national emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not exist
before the enactment of this Act, to the national security,
foreign policy, or economy of the United States.
SEC. 8. TRAVEL TO CUBA.
(a) Freedom of Travel for United States Citizens and Legal
Residents.--Notwithstanding section 102(h) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and
section 910(b) of the Trade Sanctions Reform and Export Enhancement Act
of 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)--
(1) the President may not regulate or prohibit, directly or
indirectly, travel to or from Cuba by United States citizens or
legal residents, or any of the transactions incident to such
travel; and
(2) any regulation in effect on the date of the enactment
of this Act that regulates or prohibits travel to or from Cuba
by United States citizens or legal residents or transactions
incident to such travel shall cease to have any force or
effect.
(b) Exception.--The restrictions on authority contained in
subsection (a) shall not apply in a case in which the United States is
at war with Cuba, armed hostilities between the two countries are in
progress, or there is imminent danger to the public health or the
physical safety of United States citizens or legal residents.
(c) Applicability.--This section applies to actions taken by the
President--
(1) on or after the date of the enactment of this Act; or
(2) before the date of the enactment of this Act which are
in effect on such date of enactment.
SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION
OF INTELLECTUAL PROPERTY.
(a) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88)
is repealed.
(b) Regulations.--The Secretary of the Treasury shall promulgate
such regulations as are necessary to carry out the repeal made by
subsection (a), including removing any prohibition on transactions or
payments to which subsection (a)(1) of section 211 of the Department of
Commerce and Related Agencies Appropriations Act, 1999 (as such section
was in effect on the day before the date of the enactment of this Act)
applied.
(c) Further Regulations.--
(1) In general.--The Secretary of the Treasury shall amend
part 515 of title 31, Code of Federal Regulations (commonly
referred to as the ``Cuban Assets Control Regulations''), to
authorize under general license the transfer or receipt of any
trademark or trade name subject to United States law in which a
designated national has an interest.
(2) Designated national defined.--In this subsection, the
term ``designated national'' has the meaning given the term in
subsection (d)(1) of section 211 of the Department of Commerce
and Related Agencies Appropriations Act, 1999 (as such section
was in effect on the day before the date of the enactment of
this Act). | Promoting American Agricultural and Medical Exports to Cuba Act of 2009 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product or agricultural commodity authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000.
Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba.
Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund.
Expresses the sense of Congress that the Secretary of State should issue temporary entry visas to Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of U.S. agricultural commodities or products.
Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba.
Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions incident to such travel.
States that: (1) any regulation restricting or prohibiting such travel shall have no effect; and (2) such prohibition shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. citizens or legal residents.
Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Taking Our Health Privacy
(STOHP) Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) People in the United States are deeply concerned about
the confidentiality of their health information. According to a
recent survey conducted by the Princeton Survey Research
Associates, 1 in 6 people in the United States has done
something out of the ordinary to keep personal health
information confidential, including withholding information,
providing inaccurate information, or, in some cases, avoiding
care entirely.
(2) Pursuant to the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1936
et seq.) (commonly referred to as ``HIPAA''), the Clinton
Administration issued comprehensive medical privacy regulations
which were promulgated in final form in December 2000.
(3) Such regulations established a sound foundation of
privacy protections by prohibiting the use or disclosure of an
individual's health information unless specifically authorized
by the regulations or by the individual. The regulations also
provided individuals with the right to be notified of the
privacy practices of health plans, health care providers, and
health care clearinghouses regarding disclosure of their health
information, the right to access and copy their own health
records, and the right to request corrections of their health
records, among other provisions.
(4) Such regulations took effect in April 2001 and require
health care providers, health plans (other than small health
plans) and health care clearinghouses to comply not later than
April 2003.
(5) In August 2002, the Bush Administration issued a final
rule that significantly weakened medical privacy protections in
the December 2000 medical privacy rule.
(6) The Bush Administration undermined medical privacy
protections by eliminating the rule's requirement that covered
entities obtain patient consent before using and disclosing
patient health information for treatment, payment, and health
care operations. This change means that patients' medical
records can be used and disclosed without their permission for
a wide range of purposes including business activities that
have nothing to do with the treatment of a patient, such as the
sale or merger of a health maintenance organization. This
change also allows the use and disclosure of information in
existing medical records even though patients disclosed the
information with the understanding and expectation that it
would not be further used or disclosed without their consent.
The elimination of consent compromises the confidentiality at
the heart of physician-patient relationships, which is
indispensable for the delivery of high-quality, thorough care.
(7) The Bush Administration also undermined medical privacy
protections by expanding the circumstances under which
patients' information can be shared without their knowledge or
consent to include activities that consumers typically consider
marketing. This change was accomplished by narrowing the scope
of activities that are regulated by the provisions of the rule
governing marketing. Under this change, pharmacies and other
providers can use a consumer's medical information without
consent to mail the consumer unsolicited drug product
recommendations, without having to disclose fees paid by drug
companies for sending such communications or provide the
consumer an opportunity to decline to receive such
communications in the future.
(8) The Bush Administration further undermined medical
privacy protections by changing the language in the section of
the rule governing public health to allow the disclosure of
medical information without patient permission to entities
regulated by the Food and Drug Administration, such as pharmaceutical
companies and medical device manufacturers, for an expanded and broad
range of purposes which may include marketing campaigns. In contrast,
the December 2000 rule allowed nonconsensual disclosure of patient
health information for an exclusive list of public health related
activities, such as for the purpose of reporting serious side effects
from a prescription drug to the Food and Drug Administration.
(9) Reversal of the Bush Administration's changes to the
December 2000 medical privacy rule is integral to any effort to
ensure medical privacy protection for consumers and preserve
access to high-quality health care in the United States.
(10) Core medical privacy protections of the December 2000
medical privacy rule should be restored by--
(A) reinstating the patient consent requirement for
treatment, payment, and health care operations, while
ensuring that the requirement does not impede important
health care activities such as filling pharmaceutical
prescriptions and making referrals;
(B) returning to the December 2000 definition of
``marketing'' and thus ensuring that activities
typically considered marketing, such as drug companies
paying pharmacies to send product recommendations to
patients, fall under the rule's privacy protections
relating to the use of patient health information for
marketing activities; and
(C) eliminating the broad ``public health''
exemption created by the August 2002 rule.
SEC. 3. PURPOSE.
The purpose of this Act is to restore patient privacy protections
essential for high-quality health care that were undermined by the Bush
Administration's August 2002 modifications of the December 2000 medical
privacy rule.
SEC. 4. RESTORATION OF PRIVACY PROTECTIONS.
(a) Consent for Uses or Disclosures To Carry Out Treatment,
Payment, or Health Care Operations.--
(1) In general.--The modifications made to section 164.506
of title 45, Code of Federal Regulations, by the August 2002
medical privacy rule shall have no force or effect.
(2) Clarification regarding instances when consent is not
required.--In addition to the circumstances described in the
December 2000 medical privacy rule, and notwithstanding any
provision to the contrary, such section 164.506 shall be
construed and applied so as to permit a health care provider to
use or disclose an individual's protected health information
without obtaining the prior consent of the individual in the
following circumstances:
(A) A health care provider may use or disclose an
individual's protected health information to fill or
dispense a prescription, search for drug interactions
related to that prescription, and determine eligibility
and obtain authorization for payment regarding that
prescription, if the health care provider obtains
written consent from the individual as soon as
practicable.
(B) A health care provider may use or disclose an
individual's protected health information to carry out
treatment of that individual if--
(i) the individual and the health care
provider have not had in-person communication
regarding such treatment;
(ii) obtaining consent would be
impracticable;
(iii) the health care provider determines,
in the exercise of professional judgment, that
the individual's consent is clearly inferred
from the circumstances, such as an order or
referral from another health care provider; and
(iv) the health care provider obtains
written consent from the individual as soon as
practicable.
(b) Marketing.--
(1) In general.--The modifications made by the August 2002
medical privacy rule to the definition of the term
``marketing'' in section 164.501 of title 45, Code of Federal
Regulations, shall have no force or effect.
(2) Treatment of certain communications.--The exception for
oral communications in paragraph (2)(i) of the definition of
the term ``marketing'' in section 164.501 of title 45, Code of
Federal Regulations, as contained in the December 2000 medical
privacy rule, shall have no force or effect.
(3) Authorizations for marketing.--Section 164.508 of title
45, Code of Federal Regulations, shall be construed and applied
so as to require that, if an authorization is required for a
use or disclosure for marketing, the authorization shall be
considered invalid unless it--
(A) uses the term ``marketing'';
(B) states that the purpose of the use or
disclosure involved is marketing;
(C) describes the specific marketing uses and
disclosures authorized, including whether the protected
health information involved--
(i) may be used for purposes internal to
the covered entity;
(ii) may be disclosed to, and used by, a
business associate of the covered entity; and
(iii) may be disclosed to, and used by, any
person or entity other than a business
associate of the covered entity; and
(D) states that the use or disclosure of protected
health information for marketing will directly result
in remuneration to the covered entity from a third
party, in any case in which a covered entity expects,
or reasonably should expect, that such remuneration
will occur.
(c) Public Health.--The modifications made to section
164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the
August 2002 medical privacy rule shall have no force or effect.
SEC. 5. DEFINITIONS; EFFECTIVE DATE.
(a) In General.--For purposes of this Act:
(1) December 2000 medical privacy rule.--The term
``December 2000 medical privacy rule'' means the final rule on
standards for privacy of individually identifiable health
information published on December 28, 2000, in the Federal
Register (65 Fed. Reg. 82462), including the provisions of
title 45, Code of Federal Regulations, revised or added by such
rule.
(2) August 2002 medical privacy rule.--The term ``August
2002 medical privacy rule'' means the final rule, published on
August 14, 2002, in the Federal Register (67 Fed. Reg. 53182),
that modified the December 2000 medical privacy rule.
(b) Other Terms Defined.--For purposes of this Act:
(1) Business associate; covered entity; health care
provider.--The terms ``business associate'', ``covered
entity'', and ``health care provider'' shall have the meaning
given such terms in section 160.103 of title 45, Code of
Federal Regulations, as contained in the December 2000 medical
privacy rule.
(2) Disclosure; individual, protected health information;
treatment; use.--The terms ``disclosure'', ``individual'',
``protected health information'', ``treatment'', and ``use''
shall have the meaning given such terms in section 164.501 of
title 45, Code of Federal Regulations, as contained in the
December 2000 medical privacy rule.
(c) Effective Date; No Regulations Required.--This Act shall take
effect on the date of the enactment of this Act and does not require
the issuance of regulations. | Stop Taking Our Health Privacy (STOHP) Act of 2002 - Declares that modifications made by an August 14, 2002, final rule affecting medical privacy to a Code of Federal Regulations (CFR) section concerning consent for uses or disclosures to carry out treatment, payment, or health care operations shall have no force or effect. Directs that such CFR section shall be construed and applied to permit a health care provider to use or disclose an individual's protected health information without prior consent under specified circumstances, provided that the provider obtains written consent from the individual as soon as practicable.Declares that a CFR section dealing with uses and disclosures for which an authorization is required shall be construed and applied so that an authorization shall be invalid unless it meets specified criteria, including that it describes the specific marketing uses and disclosures authorized.States that the modifications made by the August 14 final rule dealing with permitted disclosures for public health activities shall have no force or effect. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ANCSA Unrecognized Community
Landless Natives Authorization Act of 2017''.
SEC. 2. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES RECOGNITION
AND COMPENSATION.
(a) Purpose.--The purpose of this section is to redress the
omission of the southeastern Alaska communities of Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell from eligibility by authorizing the
Native people enrolled in the communities--
(1) to form Urban Corporations for the communities under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.); and
(2) to receive certain settlement land pursuant to that
Act.
(b) Establishment of Additional Native Corporations.--Section 16 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by
adding at the end the following:
``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell, Alaska.--
``(1) In general.--The Native residents of each of the
Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell, Alaska, may organize as Urban Corporations.
``(2) Effect on entitlement to land.--Nothing in this
subsection affects any entitlement to land of any Native
Corporation established before the date of enactment of this
subsection pursuant to this Act or any other provision of
law.''.
(c) Shareholder Eligibility.--Section 8 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1607) is amended by adding at the end the
following:
``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell.--
``(1) In general.--The Secretary shall enroll to each of
the Urban Corporations for Haines, Ketchikan, Petersburg,
Tenakee, or Wrangell those individual Natives who enrolled
under this Act to the Native Villages of Haines, Ketchikan,
Petersburg, Tenakee, or Wrangell, respectively.
``(2) Number of shares.--Each Native who is enrolled to an
Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee,
or Wrangell pursuant to paragraph (1) and who was enrolled as a
shareholders of the Regional Corporation for Southeast Alaska
on or before March 30, 1973, shall receive 100 shares of
Settlement Common Stock in the respective Urban Corporation.
``(3) Natives receiving shares through inheritance.--If a
Native received shares of stock in the Regional Corporation for
Southeast Alaska through inheritance from a decedent Native who
originally enrolled to the Native Village of Haines, Ketchikan,
Petersburg, Tenakee, or Wrangell and the decedent Native was
not a shareholder in a Village or Urban Corporation, the Native
shall receive the identical number of shares of Settlement
Common Stock in the Urban Corporation for Haines, Ketchikan,
Petersburg, Tenakee, or Wrangell as the number of shares
inherited by that Native from the decedent Native who would
have been eligible to be enrolled to the respective Urban
Corporation.
``(4) Effect on entitlement to land.--Nothing in this
subsection affects entitlement to land of any Regional
Corporation pursuant to section 12(b) or 14(h)(8).''.
(d) Distribution Rights.--Section 7 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606) is amended--
(1) in subsection (j)--
(A) by striking ``(j) During'' and inserting the
following:
``(j) Distribution of Corporate Funds and Other Net Income.--
``(1) In general.--During'';
(B) by striking ``Not less'' and inserting the
following:
``(2) Minimum allocation.--Not less'';
(C) by striking ``In the case'' and inserting the
following:
``(3) Thirteenth regional corporation.--In the case''; and
(D) by adding at the end the following:
``(4) Native villages of haines, ketchikan, petersburg,
tenakee, and wrangell.--Native members of the Native Villages
of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who
become shareholders in an Urban Corporation for such a Native
Village shall continue to be eligible to receive distributions
under this subsection as at-large shareholders of the Regional
Corporation for Southeast Alaska.''; and
(2) by adding at the end the following:
``(s) Effect of Amendatory Act.--Section 2 of the ANCSA
Unrecognized Community Landless Natives Authorization Act of 2017 and
the amendments made by that section shall not affect--
``(1) the ratio for determination of revenue distribution
among Native Corporations under this section; or
``(2) the settlement agreement among Regional Corporation
or Village Corporations or other provisions of subsection (i)
or (j).''.
(e) Compensation.--The Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) is amended by adding at the end the following:
``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG,
TENAKEE, AND WRANGELL.
``(a) Offer of Compensation.--
``(1) In general.--On incorporation of the Urban
Corporations for Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell, the Secretary, in consultation and coordination with
the Secretary of Commerce, and in consultation with
representatives of each such Urban Corporation and the Regional
Corporation for Southeast Alaska, shall offer as compensation,
pursuant to this Act, 1 township of land (23,040 acres) to each
of the Urban Corporations for Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell, in accordance with this subsection.
``(2) Local areas of historical, cultural, traditional, and
economic importance.--
``(A) In general.--The Secretary shall offer as
compensation under this subsection local areas of
historical, cultural, traditional, and economic
importance to Alaska Natives from the Villages of
Haines, Ketchikan, Petersburg, Tenakee, or Wrangell.
``(B) Selection of land.--In selecting the land to
be withdrawn and conveyed pursuant to this section, the
Secretary--
``(i) shall give preference to land with
commercial purposes;
``(ii) may include subsistence and cultural
sites, aquaculture sites, hydroelectric sites,
tideland, surplus Federal property, and eco-
tourism sites; and
``(iii) shall not include land within a
conservation system unit (as defined in section
102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102)).
``(C) Contiguous, compact sites.--The land selected
pursuant to this section shall be contiguous and
reasonably compact tracts if practicable.
``(D) Valid existing rights.--The land selected
pursuant to this section shall be subject to all valid
existing rights and all other provisions of section
14(g), including any lease, contract, permit, right-of-
way, or easement (including a lease issued under
section 6(g) of the Act of July 7, 1958 (commonly known
as the `Alaska Statehood Act') (48 U.S.C. note prec.
21; Public Law 85-508)).
``(b) Acceptance or Rejection of Offer.--
``(1) In general.--Not later than 1 year after the date of
the offer of compensation from the Secretary under subsection
(a), each of the Urban Corporations for Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell shall accept or reject the
offer.
``(2) Resolution.--To accept or reject the offer, each such
Urban Corporation shall provide to the Secretary a properly
executed and certified corporate resolution that states that
the offer proposed by the Secretary was voted on, and either
approved or rejected, by a majority of the shareholders of the
Urban Corporation.
``(3) Rejection of offer.--If the offer is rejected--
``(A) the Secretary, in consultation with
representatives of the Urban Corporation that rejected
the offer and the Regional Corporation for Southeast
Alaska, shall revise the offer; and
``(B) the Urban Corporation shall have an
additional 180 days within which to accept or reject
the revised offer.
``(c) Withdrawal and Conveyance of Land and Title.--Not later than
180 days after receipt of a corporate resolution of an Urban
Corporation approving an offer of the Secretary under subsection
(b)(1), the Secretary shall (as appropriate)--
``(1) withdraw the land;
``(2) convey to the Urban Corporation title to the surface
estate of the land; and
``(3) convey to the Regional Corporation for Southeast
Alaska title the subsurface estate for the land.
``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases,
and Appurtenances.--The Secretary shall, without consideration of
compensation, convey to the Urban Corporations of Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all
right, title, and interest of the United States in all roads, trails,
log transfer facilities, leases, and appurtenances on or related to the
land conveyed to the Corporations pursuant to subsection (c).
``(e) Settlement Trust.--
``(1) In general.--The Urban Corporations of Haines,
Ketchikan, Petersburg, Tenakee, and Wrangell may establish a
settlement trust in accordance with section 39 for the purposes
of promoting the health, education, and welfare of the trust
beneficiaries, and preserving the Native heritage and culture,
of the communities of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell, respectively.
``(2) Proceeds and income.--The proceeds and income from
the principal of a trust established under paragraph (1)
shall--
``(A) first be applied to the support of those
enrollees, and the descendants of the enrollees, who
are elders or minor children; and
``(B) then to the support of all other
enrollees.''. | ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 This bill amends the Alaska Native Claims Settlement Act to permit the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. These urban corporations may establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Alaska Native heritage and culture of their communities. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Protection Against
Combustible Dust Explosions and Fires Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An emergency exists concerning worker exposure to
combustible dust explosions and fires, and there is a
significant risk of death or severe injury to workers employed
at facilities where combustible dusts are present.
(2) Following 3 catastrophic dust explosions that killed 14
workers in 2003, the Chemical Safety and Hazard Investigation
Board (CSB) issued a report in November 2006, which identified
281 combustible dust incidents between 1980 and 2005 that
killed 119 workers and injured 718. The CSB concluded that
``combustible dust explosions are a serious hazard in American
industry''. A quarter of the explosions occurred at food
industry facilities, including sugar plants.
(3) In November 2006, the CSB recommended that the
Occupational Safety and Health Administration (OSHA) issue a
standard designed to prevent combustible dust fires and
explosions in general industry, based on current National Fire
Protection Association (NFPA) dust explosion standards.
(4) Fourteen workers were killed and more than 38 seriously
injured in a catastrophic combustible dust explosion at
Imperial Sugar in Port Wentworth, Georgia on February 7, 2008.
(5) An investigation by the CSB found that the explosion at
Imperial Sugar was fueled by a massive accumulation of sugar
dust throughout the packaging building, triggering a series of
secondary explosions throughout the factory.
(6) The CSB's final report of September 24, 2009, regarding
the Imperial Sugar Refinery explosion reiterated its previous
recommendation from November 2006 that OSHA proceed
expeditiously ``to promulgate a comprehensive standard to
reduce or eliminate hazards from fire and explosion from
combustible powders and dust''.
(7) Explosions continue to injure workers and cause
property damage. In the 3 years since the February 7, 2008,
explosion at Imperial Sugar, there have been 24 additional
combustible dust explosions or fires resulting in 4 deaths and
65 injuries to workers through February 7, 2011, according to
data released by the Chemical Safety Board.
(8) On October 21, 2009, OSHA issued an advance notice of
proposed rulemaking in response to the CSB's recommendation;
however, a final rule will take at least 4 more years, during
which it is foreseeable that additional workers will be
seriously injured or killed.
(9) OSHA issued a grain handling facilities standard (29
C.F.R. 1910.272) in 1987 that has proven highly effective in
reducing the risk of combustible grain dust explosions,
according to an OSHA evaluation.
(10) No OSHA standard comprehensively addresses combustible
dust explosion hazards in general industry.
(11) Voluntary NFPA standards exist that, when implemented,
effectively reduce the likelihood and impact of combustible
dust explosions. In particular--
(A) certain requirements currently apply to
existing establishments, which NFPA refers to as a
``retroactive'' application, and include hazard
assessment, housekeeping, control of static
electricity, control of open flames and sparks, use of
certain tools, employee training, and requirements for
inspection and maintenance of equipment;
(B) other requirements include conventional
ignition source control and dust emission control
technologies, such as ventilation systems that capture
fugitive dust, and enclosure of dust generating
processes;
(C) many employers currently implement such
requirements from NFPA standards to address combustible
dust hazards in the workplace; and
(D) many employers maintain written combustible
dust safety programs and involve employees in
implementing the program, which are important aspects
of a comprehensive combustible dust hazard control
system.
(12) Implementation of such means of hazard control is both
technologically and economically feasible and would
substantially reduce risks related to combustible dust fires
and explosions to workers.
SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST.
(a) Application and Rulemaking.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Labor shall promulgate
an interim final standard regulating occupational exposure to
combustible dust hazards. The interim final standard shall, at a
minimum, apply to manufacturing, processing, blending, conveying,
repackaging, and handling of combustible particulate solids and their
dusts, including organic dusts (such as sugar, candy, paper, soap, and
dried blood), plastics, sulfur, wood, rubber, furniture, textiles,
pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as
aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and
others determined by the Secretary, but shall not apply to processes
already covered by the occupational safety and health standard on grain
facilities contained in section 1910.272 of title 29, Code of Federal
Regulations.
(b) Application.--The interim final standard required under this
section shall be based on those portions of the National Fire
Protection Association Standards in effect on the date of enactment of
this Act that--
(1) apply to existing facilities; or
(2) call for source and dust emission control technologies,
such as ventilation systems that capture fugitive dust, and
enclosure of dust generating processes.
(c) Requirements.--The interim final standard required under this
section shall include the following elements:
(1) Requirements for hazard assessment to identify,
evaluate, and control combustible dust hazards.
(2) Requirements for a written program that includes
provisions for hazardous dust inspection, testing, hot work,
ignition control, and housekeeping, including the frequency and
method or methods used to minimize accumulations of combustible
dust on ledges, floors, equipment, and other exposed surfaces.
(3) Requirements for engineering controls, administrative
controls, and operating procedures, including means to control
fugitive dust emissions and ignition sources, and the safe use
and maintenance of process equipment and dust collection
systems and filters.
(4) Requirements for workplace inspection and housekeeping
to prevent accumulation of combustible dust in places of
employment in such depths that it can present explosion,
deflagration, or other fire hazards, including safe methods of
dust removal.
(5) Requirements for participation of employees and their
representatives in hazard assessment, development of and
compliance with the written program, incident investigation,
and other elements of hazard management.
(6) Requirements to provide written safety and health
information and annual training to managers and employees and
their representatives, including housekeeping procedures, hot
work procedures, preventive, predictive, and periodic
maintenance procedures, common ignition sources, and lock-out,
tag-out procedures.
(d) Applicability of Other Statutory Requirements.--The
requirements applicable to occupational safety and health standards
under section 6(b) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5,
United States Code, and titles 2 and 42, United States Code, shall not
apply to the issuance of the interim final standard required under this
section.
(e) Effective Date of Interim Standard.--The interim final standard
shall take effect 30 days after issuance, except that such standard may
include a reasonable phase-in period for implementation of required
engineering controls. The interim final standard shall have the legal
effect of an occupational safety and health standard, and shall apply
until a final standard becomes effective under section 6 of the
Occupational Safety and Health Act (29 U.S.C. 655).
SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST.
Not later than 18 months after the date on which the interim final
standard is issued under section 3, the Secretary of Labor shall,
pursuant to section 6 of the Occupational Safety and Health Act (29
U.S.C. 655), issue a proposed rule for regulating combustible dust
explosions that includes the major elements contained in the interim
final standard issued under section 3, and shall issue a final rule 3
years after the issuance of a proposed rule. | Worker Protection Against Combustible Dust Explosions and Fires Act of 2011 - Requires the Secretary of Labor to promulgate an interim final standard regulating occupational exposure to combustible dust hazards, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the occupational safety and health standard on grain facilities.
Requires such standard to be based on portions of the National Fire Protection Association Standards in effect upon enactment of this Act that: (1) apply to existing facilities; or (2) call for source and dust emission control technologies.
Requires such standard also to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping; (3) engineering controls, administrative controls, and operating procedures; (4) workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management; and (6) providing safety and health information and annual training to managers and employees and their representatives.
Requires the interim final standard to take effect 30 days after its issuance, and remain in effect until a final standard becomes effective, except that it may include a reasonable phase-in period for implementation of required engineering controls.
Requires the Secretary to issue: (1) a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard, and (2) a final rule three years after issuance of a proposed rule. | [
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] |
SECTION 1. WILDFIRE ON FEDERAL LANDS.
Section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
(1) by striking ``(2)'' and all that follows through
``means'' and inserting the following:
``(2) Major disaster.--
``(A) Major disaster.--The term `major disaster'
means''; and
(2) by adding at the end the following:
``(B) Major disaster for wildfire on federal
lands.--The term `major disaster for wildfire on
Federal lands' means any wildfire or wildfires, which
in the determination of the President under section 802
warrants assistance under section 803 to supplement the
efforts and resources of the Department of the Interior
or the Department of Agriculture--
``(i) on Federal lands; or
``(ii) on non-Federal lands pursuant to a
fire protection agreement or cooperative
agreement.''.
SEC. 2. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.) is amended by adding at the end the following:
``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
``SEC. 801. DEFINITIONS.
``As used in this title--
``(1) Federal land.--The term `Federal land' means--
``(A) any land under the jurisdiction of the
Department of the Interior; and
``(B) any land under the jurisdiction of the United
States Forest Service.
``(2) Federal land management agencies.--The term `Federal
land management agencies' means--
``(A) the Bureau of Land Management;
``(B) the National Park Service;
``(C) the Bureau of Indian Affairs;
``(D) the United States Fish and Wildlife Service;
and
``(E) the United States Forest Service.
``(3) Wildfire suppression operations.--The term `wildfire
suppression operations' means the emergency and unpredictable
aspects of wildland firefighting, including support, response,
emergency stabilization activities, and other emergency
management activities of wildland firefighting on Federal lands
(or on non-Federal lands pursuant to a fire protection
agreement or cooperative agreement) by the Federal land
management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management account or the
FLAME Wildfire Suppression Reserve Fund account of the Federal
land management agencies.
``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE
ON FEDERAL LANDS.
``(a) In General.--The Secretary of the Interior or the Secretary
of Agriculture may submit a request to the President consistent with
the requirements of this title for a declaration by the President that
a major disaster for wildfire on Federal lands exists.
``(b) Requirements.--A request for a declaration by the President
that a major disaster for wildfire on Federal lands exists shall--
``(1) be made in writing by the respective Secretary;
``(2) certify that the amount appropriated in the current
fiscal year for wildfire suppression operations of the Federal
land management agencies under the jurisdiction of the
respective Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the total
unobligated balance of amounts available for wildfire
suppression by an amount equal to or greater than the average
total costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including the
suppression costs in excess of appropriated amounts, over the
previous ten fiscal years;
``(3) certify that the amount available for wildfire
suppression operations of the Federal land management agencies
under the jurisdiction of the respective Secretary will be
obligated not later than 30 days after such Secretary notifies
the President that wildfire suppression funds will be exhausted
to fund ongoing and anticipated wildfire suppression operations
related to the wildfire on which the request for the
declaration of a major disaster for wildfire on Federal lands
pursuant to this title is based; and
``(4) specify the amount required in the current fiscal
year to fund wildfire suppression operations related to the
wildfire on which the request for the declaration of a major
disaster for wildfire on Federal lands pursuant to this title
is based.
``(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a major
disaster for wildfire on Federal lands exists.
``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.
``(a) In General.--In a major disaster for wildfire on Federal
lands, the President may transfer funds, only from the account
established pursuant to subsection (b), to the Secretary of the
Interior or the Secretary of Agriculture to conduct wildfire
suppression operations on Federal lands (and non-Federal lands pursuant
to a fire protection agreement or cooperative agreement).
``(b) Wildfire Suppression Operations Account.--The President shall
establish a specific account for the assistance available pursuant to a
declaration under section 802. Such account may only be used to fund
assistance pursuant to this title.
``(c) Limitation.--
``(1) Limitation of transfer.--The assistance available
pursuant to a declaration under section 802 is limited to the
transfer of the amount requested pursuant to section 802(b)(4).
The assistance available for transfer shall not exceed the
amount contained in the wildfire suppression operations account
established pursuant to subsection (b).
``(2) Transfer of funds.--Funds under this section shall be
transferred from the wildfire suppression operations account to
the wildfire suppression subactivity of the Wildland Fire
Management Account.
``(d) Prohibition of Other Transfers.--Except as provided in this
section, no funds may be transferred to or from the account established
pursuant to subsection (b) to or from any other fund or account.
``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under subsection (c) are used to
conduct wildfire suppression operations on non-Federal land, the
respective Secretary shall--
``(1) secure reimbursement for the cost of such wildfire
suppression operations conducted on the non-Federal land; and
``(2) transfer the amounts received as reimbursement to the
wildfire suppression operations account established pursuant to
subsection (b).
``(f) Annual Accounting and Reporting Requirements.--Not later than
90 days after the end of each fiscal year for which assistance is
received pursuant to this section, the respective Secretary shall
submit to the Committees on Agriculture, Appropriations, the Budget,
Natural Resources, and Transportation and Infrastructure of the House
of Representatives and the Committees on Agriculture, Nutrition, and
Forestry, Appropriations, the Budget, Energy and Natural Resources,
Homeland Security and Governmental Affairs, and Indian Affairs of the
Senate, and make available to the public, a report that includes the
following:
``(1) The risk-based factors that influenced management
decisions regarding wildfire suppression operations of the
Federal land management agencies under the jurisdiction of the
Secretary concerned.
``(2) Specific discussion of a statistically significant
sample of large fires, in which each fire is analyzed for cost
drivers, effectiveness of risk management techniques, resulting
positive or negative impacts of fire on the landscape, impact
of investments in preparedness, suggested corrective actions,
and such other factors as the respective Secretary considers
appropriate.
``(3) Total expenditures for wildfire suppression
operations of the Federal land management agencies under the
jurisdiction of the respective Secretary, broken out by fire
sizes, cost, regional location, and such other factors as the
such Secretary considers appropriate.
``(4) Lessons learned.
``(5) Such other matters as the respective Secretary
considers appropriate.
``(g) Savings Provision.--Nothing in this title shall limit the
Secretary of the Interior, the Secretary of Agriculture, Indian tribe,
or a State from receiving assistance through a declaration made by the
President under this Act when the criteria for such declaration have
been met.''. | Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to define a "major disaster for wildfire on federal lands" as any wildfire that, in the determination of the President, warrants assistance under this Act to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture: (1) on federal lands, or (2) on non-federal lands pursuant to a fire protection agreement or cooperative agreement. Authorizes the Secretary of the Interior or the Secretary of Agriculture to submit a request to the President for a declaration that such a major disaster exists. Requires such a request to: certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by such agencies per year for wildfire suppression operations over the previous 10 fiscal years; certify that the amount available for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which such request is based; and specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which such request is based. Authorizes the President to: (1) declare that such a major disaster exists based on such a request, (2) establish a specific account for assistance pursuant to such a declaration, and (3) transfer funds from such account to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on such lands. Requires the respective Secretary to secure reimbursement of transferred amounts used for wildfire suppression operations on non-federal land. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right of Passage Community Service
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The teenage years are a pivotal time of life, when
young people are making choices that will effect them for the
rest of their lives.
(2) How young people spend their time during their teenage
years may set them on a course of active citizenship and
engaged learning, or down a path of risky behavior with the
likelihood of failure.
(3) Research suggests that when young people see that they
are able to improve the lives of others they feel that they are
able to control and improve their own lives.
(4) If properly trained, organized, and supervised,
teenagers are a resource that can make a significant
contribution to their communities.
(5) Opportunities for volunteer service during the teenage
years could become a right of passage for future generations.
(6) The National Academy of Sciences Report on Youth
Development concluded that ``the future well-being of the
country depends on raising generations of skilled, competent,
and responsible adults''.
(b) Purpose.--It is the purpose of this Act to--
(1) create a national network of service programs for
middle school students to serve in their communities after
school and during the summer;
(2) provide students with opportunities to serve in their
communities and participate in other programs such as workshops
in leadership development, public speaking, conflict
resolution, team-building, and other character-building
programs;
(3) provide young people an experience that reinforces
their connection to the community, enriches their education,
and strengthens their personal and civic values; and
(4) instill an ethic of service in young people which will
stay with them throughout their lives.
SEC. 3. RIGHT OF PASSAGE COMMUNITY SERVICE PROGRAM.
(a) Establishment.--Section 122(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12572(a)) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following:
``(15) A community-based Right of Passage after school and
summer service corps program that offers young people--
``(A) the opportunity to perform service in their
communities;
``(B) the opportunity to participate in activities
that would provide training in leadership development,
public speaking, conflict resolution, team building,
and other critical skills;
``(C) service-learning curricula linked to academic
goals; and
``(D) the opportunity to work with older AmeriCorps
members who can organize service projects and act as
mentors.''.
(b) Eligibility.--Section 137 of such Act (42 U.S.C. 12591) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Special Rules for Right of Passage Program.--An individual
shall be considered to be a participant in a Right of Passage
community-based after school or summer service corps program described
in section 122(a)(15) (42 U.S.C. 12591) that is carried out with
assistance provided under section 121(a) (42 U.S.C. 12571) if the
individual--
``(1) satisfies the requirements of paragraphs (1), (2),
and (6) of subsection (a); and
``(2) is between the ages of 12 and 16, inclusive at the
time the individual begins the term of service.''.
(c) Terms of Service.--Section 139(b) of such Act (42 U.S.C.
12593(b)) is amended by adding at the end the following:
``(4) Special rule for right of passage program.--An
individual participating in a Right of Passage community-based
after school or summer service corps program described in
section 122(a)(15) shall agree to participate in the program
for not less than 160 hours during a period of not less than 2
months and not more than 1 year.''.
(d) National Service Educational Award.--
(1) Special rule for right of passage program.--Section 141
of such Act (42 U.S.C. 12595) is amended by adding at the end
the following:
``(c) Special Rule for Right of Passage Program.--An individual
participating in a Right of Passage community-based after school or
summer service corps program described in section 122(a)(15), upon
completion of the required 160 hours of service shall receive an
education award of $500.''.
(2) Eligible individuals.--Section 146 is amended--
(A) in subsection (a)(2) by striking ``or a program
described in section 122(a)(9);'' and inserting ``, a
program described in section 122(a)(9), or a program
described in section 122(a)(15);''; and
(B) in subsection (d)(2)--
(i) in subparagraph (A), by striking
``or'';
(ii) in subparagraph (B), by striking
``period.'' and inserting ``period; or''; and
(iii) by adding at the end the following:
``(C) participated in a program described in
section 12572(a)(15).''.
SEC. 4. REPORT.
Not later than 3 years after the date of enactment of this Act, the
Corporation shall transmit to the Congress a report and evaluation of
the program authorized by this Act. | Right of Passage Community Service Act - Amends the National and Community Service Act of 1990 to add to the list of national service programs eligible for Federal assistance a community-based Right of Passage after school and summer service corps program. Establishes qualifications for participating students, including that they be between ages 12 and 16 at the time they begin serving. Specifies skills such as leadership and conflict resolution that the program will help students develop.Requires participants to spend at least 160 hours in the program during a period of between two months and one year. Rewards participants upon service completion with a national service education award of $500. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy School Meals Act of 2010''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) National Health and Nutrition Examination Surveys
(1976-1980 and 2003-2006) conducted for the Centers for Disease
Control and Prevention show that obesity prevalence increased
from 5.0 percent to 12.4 percent in children aged 2 to 5 years,
from 6.5 percent to 17.0 percent in those aged 6-11 years and
from 5.0 percent to 17.6 percent in those aged 12 to 19 years.
(2) A 2007 Department of Agriculture School Nutrition
Dietary study found that an estimated 70 percent of schools
serve meals that exceed recommended levels of saturated fat,
which is linked to heart disease and other obesity-related
chronic diseases, such as diabetes and some cancers.
(3) The Centers for Disease Control and Prevention predicts
one in three children born in the year 2000 will develop
diabetes in his or her life.
(4) A Yale University study of overweight and obese
children found higher than normal blood sugar. Twenty-five
percent of children age 4 to 10 had impaired glucose tolerance,
suggesting diabetes may soon occur.
(5) Healthy school meals are essential for protecting
children from weight problems and other diet-related
conditions; meals too high in fat and calories are found to
contribute to weight and health problems.
(6) The Department of Agriculture's National Nutrient
Database lists vegetables, fruits, whole grains, and legumes as
being extremely low in saturated fat and containing no
cholesterol.
(7) The American Medical Association and the American
Public Health Association have passed resolutions calling for
plant-based foods including vegetables, fruits, legumes,
grains, and healthful dairy alternative beverages to be
included in school meals.
(8) A rapidly increasing number of families in the United
States opt for plant-based meals for health, ethical, or
religious reasons.
(9) The July 2009 Journal of the American Dietetic
Association published an official position paper of the
American Dietetic Association which concluded that plant-based
diets are nutritionally adequate for everyone, including
children, and provide health benefits when compared to other
eating patterns.
(10) Studies have shown that the bioavailability of calcium
from soymilk fortified with calcium carbonate is equivalent to
cow's milk.
(11) The Department of Agriculture includes fruits,
vegetables, whole grains, and legumes in its commodities
program, but these essential ingredients to healthy meals are
often underutilized or unavailable to many schools.
(12) Access to healthful plant-based school lunch options
is essential to improving the health of America's children.
(b) Purpose.--The purpose of this Act is to improve the health of
America's schoolchildren by raising the nutritional quality of food
through the promotion of plant-based meals and healthful dairy
alternative beverages in schools.
SEC. 3. DEFINITIONS.
In this Act:
(1) Plant-based alternate protein product.--The term
``plant-based alternate protein product'' means an alternate
protein product that--
(A) meets the nutritional requirements described in
appendix A to part 210 of title 7 of the Code of
Federal Regulations (as in effect on the date of the
enactment of this Act); and
(B) contains no animal-based foods, products, or
byproducts.
(2) Plant-based meat alternate.--The term ``plant-based
meat alternate'' means a meat alternate that--
(A) meets the nutritional requirements described in
paragraph (k)(1) of part 210.10 of title 7 of the Code
of Federal Regulations (as in effect on the date of the
enactment of this Act); and
(B) contains no animal-based foods, products, or
byproducts.
(3) Plant-based entree.--The term ``plant-based entree''
means a combination of foods or a single food item offered as a
main course that--
(A) meets the nutritional requirements described in
part 210.10 of title 7 of the Code of Federal
Regulations (as in effect on the date of the enactment
of this Act) as a meat alternate for food-based menu
planning or protein requirement for nutrient-based menu
planning for lunches that are reimbursable under the
Richard B. Russell National School Lunch Act (20 U.S.C.
1751 et seq.); and
(B) contains no animal-based foods, products, or
byproducts.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Substitute for fluid milk.--The term ``substitute for
fluid milk'' means a nondairy fluid milk that is nutritionally
equivalent to fluid dairy milk and meets the nutritional
standards established by the Secretary, which shall include
fortification of calcium, 6 or more grams of protein per 8-
ounce serving, vitamin A, vitamin D, magnesium, phosphorus,
potassium, riboflavin, and vitamin B12 to levels found in fluid
dairy milk.
SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall select school food
authorities to participate in a pilot program that evaluates the use of
plant-based alternate protein products and substitute for fluid milk
products under the school meal programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
(b) Selection and Program Requirements.--
(1) Selection requirements.--The Secretary shall select
school food authorities to participate in the pilot program
under this section that are nationally representative of school
food authorities in terms of size, geographic location, and
socioeconomic levels of students served.
(2) Program requirements.--In addition to the commodities
delivered under section 6(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall
deliver to the school food authorities selected to participate
in the pilot program under this section, at no cost to the
school food authorities, plant-based alternate protein products
and substitute for fluid milk products for schools under the
jurisdiction of such school food authorities for the
preparation of daily meals under--
(A) the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.); and
(B) the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(c) Evaluation.--Not later than 24 months after the date of the
enactment of this Act the Secretary shall evaluate the pilot program
conducted under this section to assess--
(1) which plant-based alternate protein products and
substitute for fluid milk products are superior with regard
to--
(A) cost-effectiveness;
(B) marketability to school food authorities;
(C) ease of preparation and use; and
(D) acceptance by children participating in the
school meal programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
(2) any other factors and outcomes associated with
increasing the availability of plant-based alternate protein
products and substitute for fluid milk products in schools, as
determined by the Secretary.
(d) Funds.--Not later than October 15, 2011, out of the funds in
the Treasury not otherwise appropriated, the Secretary of Treasury
shall transfer to the Secretary of Agriculture $4,000,000 to carry out
this section. The Secretary of Agriculture shall be entitled to receive
the funds and shall accept the funds, without further appropriation.
SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES.
(a) Purchase of Plant-Based Commodities.--Not later than 24 months
after the date of the enactment of this Act, in addition to the
commodities delivered under section 6(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall
deliver plant-based alternate protein products and substitute for fluid
milk products that are determined to be superior according to the
findings of the evaluation conducted under section 4(c) for use in--
(1) the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.); and
(2) the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
(b) Training.--The Secretary shall provide training materials to
schools and school food authorities on the nutritional benefits and
preparation of plant-based meat alternates and alternate protein
product commodities for schoolchildren.
SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS.
(a) Rules.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall promulgate rules that--
(1) based on the most recent Dietary Guidelines published
under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341), reflect specific
recommendations, expressed in serving recommendations, for
increased consumption of plant-based foods, including plant-
based meat alternates and plant-based entrees, in school
nutrition programs under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.); and
(2) provide for the distribution--
(A) to any school food authority in which at least
two-thirds of the students served by the authority are
offered a plant-based entree as a menu item on each
daily school lunch menu, supplemental commodity
assistance or cash in lieu thereof under section 14 of
the Richard B. Russell National School Lunch Act 42
U.S.C. 1762a) that--
(i) is not less than 25 percent of the
total commodity assistance or cash in lieu
thereof provided to the school food authority
during the preceding school year; and
(ii) shall be used by the authority to
purchase entirely plant-based commodity food
products or substitute for fluid milk products;
(B) to each State educational agency in which a
school food authority receives supplemental commodity
assistance or cash in lieu thereof pursuant to
paragraph (1), not more than 5 percent of such
assistance or cash; and
(C) of increased levels of supplemental commodity
assistance or cash in lieu thereof to school food
authorities pursuant to paragraph (1) as school food
authorities increase the number of students who are
offered a plant-based entree as a menu item on each
daily school lunch menu.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. SUBSTITUTE FOR FLUID MILK.
(a) Amendments.--Section 9(a)(2) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as
follows:
``(2) Fluid milk.--
``(A) In general.--Lunches served by schools
participating in the school lunch program under this
Act--
``(i) shall offer students fluid milk in a
variety of fat contents; and
``(ii) may offer students flavored and
unflavored fluid milk, lactose-free fluid milk,
and a nondairy substitute for fluid milk.
``(B) Substitutes.--
``(i) Standards for substitution.--A school
shall substitute for the fluid milk provided
under subparagraph (A)(i), a nondairy beverage
that is nutritionally equivalent to fluid milk
and meets nutritional standards established by
the Secretary (which shall, among other
requirements to be determined by the Secretary,
include fortification of calcium, vitamin A,
vitamin D, magnesium, phosphorus, potassium,
riboflavin, and vitamin B12 to levels found in
fluid dairy milk, and not less than 6 grams of
protein per 8-ounce serving) for students who
cannot consume fluid milk because of a
disability or medical or other special dietary
need.
``(ii) Excess expenses borne by school food
authority.--Expenses incurred in providing
substitutions under this subparagraph that are
in excess of expenses covered by reimbursements
under this chapter shall be paid by the school
food authority.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect not later than 24 months after the date of the enactment of
this Act. | Healthy School Meals Act of 2010 - Directs the Secretary of Agriculture to select school food authorities to participate in a pilot program evaluating the use of plant-based alternate protein products and fluid milk substitutes under the school lunch and breakfast programs.
Directs the Secretary to: (1) deliver plant-based alternate protein products and fluid milk substitutes to such food authorities at no cost for the preparation of meals under the school lunch and breakfast programs; and (2) assess which of such foods would be best for more general use in the school lunch and breakfast programs, and deliver them for general use under such programs, within two years of this Acts' enactment.
Requires the Secretary, within two years of this Act's enactment, to promulgate regulations that: (1) reflect specific recommendations for increased consumption of plant-based foods; and (2) provide for the distribution of supplemental commodity assistance or cash in lieu thereof to states and certain school food authorities that offer a plant-based entree on their daily lunch menus, for the purchase of entirely plant-based commodity food products or fluid milk substitutes.
Requires schools participating in the school lunch program to serve a nondairy beverage that is nutritionally equivalent to fluid milk and meets certain nutritional standards to students who cannot consume fluid milk because of a disability or medical or other special dietary need. (Eliminates the requirement that students who cannot consume fluid milk due to a disability provide schools with a statement from a physician that identifies such disability and specifies the fluid milk substitute.) | [
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] |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Railroad
Infrastructure Financing Improvement Act''.
(b) References to the Railroad Revitalization and Regulatory Reform
Act of 1976.--Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.).
SEC. 2. DEFINITIONS.
Section 501 (45 U.S.C. 821) is amended--
(1) by redesignating paragraph (8) as paragraph (10);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) The term `investment-grade rating' means a rating of
BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a
rating agency.'';
(4) by inserting after paragraph (8), as redesignated, the
following:
``(9) The term `master credit agreement' means an agreement
to make 1 or more direct loans or loan guarantees at future
dates for a program of related projects secured by a common
security pledge on terms acceptable to the Secretary.''; and
(5) by adding at the end the following:
``(11) The term `project obligation' means as note, bond,
debenture, or other debt obligation issued by a borrower in
connection with the financing of a project, other than a direct
loan or loan guarantee under this title.
``(12) The term `railroad' has the meaning given the term
`railroad carrier' in section 20102 of title 49, United States
Code.
``(13) The term `rating agency' means a credit rating
agency registered with the Securities and Exchange Commission
as a nationally recognized statistical rating organization (as
defined in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a))).
``(14) The term `substantial completion' means--
``(A) the opening of a project to passenger or
freight traffic; or
``(B) a comparable event, as determined by the
Secretary and specified in the direct loan.''.
SEC. 3. ELIGIBLE APPLICANTS.
Section 502(a) (45 U.S.C. 822(a)) is amended--
(1) in paragraph (5), by striking ``one railroad; and'' and
inserting ``1 of the entities described in paragraph (1), (2),
(3), (4), or (6);'';
(2) by amending paragraph (6) to read as follows:
``(6) solely for the purpose of constructing a rail
connection between a plant or facility and a rail carrier,
limited option freight shippers that own or operate a plant or
other facility; and''; and
(3) by adding at the end the following:
``(7) any obligor, as designated by an entity otherwise
eligible to receive a direct loan or loan guarantee under this
section, including a special purpose entity receiving user fees
or other payments or revenues from dedicated sources for debt
service and maintenance of the equipment or facilities to be
acquired or improved; and
``(8) solely for a project described in subsection
(b)(1)(D), a public-private partnership, private entity, or
consortium that specializes in real estate development.''.
SEC. 4. ELIGIBLE PURPOSES.
Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``, and including
costs related to these activities and excluding operating
expenses'' after ``shops'';
(2) in subparagraph (B), by striking ``subparagraph (A);
or'' and inserting ``subparagraph (A) or (C);'';
(3) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(4) by adding at the end the following:
``(D) finance economic development, including
commercial and residential development, and related
infrastructure and activities, that--
``(i) incorporates private investment;
``(ii) is physically or functionally
related to a passenger rail station or
multimodal station; and
``(iii) is likely to increase ridership at
that station.''.
SEC. 5. PROGRAM ADMINISTRATION.
(a) Application Processing Procedures.--Section 502(i) (45 U.S.C.
822(i)) is amended to read as follows:
``(i) Application Processing Procedures.--
``(1) Application status notices.--Not later than 30 days
after the date that the Secretary receives an application under
this section, the Secretary shall provide the applicant written
notice as to whether the application is complete or incomplete.
``(2) Incomplete applications.--If the Secretary determines
that an application is incomplete, the Secretary shall--
``(A) provide the applicant with a description of
all of the specific information or material that is
needed to complete the application; and
``(B) allow the applicant to resubmit the
information and material described under subparagraph
(A) to complete the application without prejudice.
``(3) Application approvals and disapprovals.--Not later
than 60 days after the date the Secretary notifies an applicant
that an application is complete under paragraph (1), the
Secretary shall provide the applicant written notice as to
whether the Secretary has approved or disapproved the
application.
``(4) Expedited processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining an approval or a disapproval of credit assistance
under this title.''.
(b) Administration of Direct Loans and Loan Guarantees.--Section
503 (45 U.S.C. 823) is amended--
(1) in subsection (a), by striking the period at the end
and inserting ``, including a program guide and standard term
sheet, application deadlines, and specific timetables.'';
(2) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively;
(3) by striking ``(b) Assignment of Loan Guarantees.--''
and inserting ``(c) Assignment of Loan Guarantees.--'';
(4) in subsection (d), as redesignated--
(A) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the modification cost has been covered under section
502(f).''; and
(5) by amending subsection (l), as redesignated, to read as
follows:
``(l) Charges.--
``(1) Purposes.--The Secretary may collect from each
applicant a reasonable charge for--
``(A) the cost of evaluating the application,
amendments, modifications, and waivers, including
appraisal of the value of the equipment or facilities
for which the direct loan or loan guarantee is sought,
and for making necessary determinations and findings;
``(B) the cost of award management and project
management oversight;
``(C) the cost of services from expert firms,
including counsel, in the field of railroad, municipal,
and project finance, to assist in the underwriting,
auditing, servicing, and exercise of rights with
respect to direct loans and loan guarantees; and
``(D) the cost of all other expenses incurred as a
result of a breach of any term or condition or any
event of default on a direct loan or loan guarantee.
``(2) Standards.--The Secretary shall prescribe standards
for applying a charge under this subsection to ensure that it
does not prevent an applicant from having adequate access to
direct loans and loan guarantees under this title.
``(3) Safety and operations account.--Amounts collected
under this subsection shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration,
and shall remain available until expended to pay for the costs
described in this subsection.''.
SEC. 6. LOAN TERMS AND REPAYMENT.
(a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C.
822(g)(1)) is amended by striking ``35 years from the date of its
execution'' and inserting ``the lesser of 50 years or 90 percent of the
estimated useful life of the rail equipment or facilities to be
acquired, rehabilitated, improved, developed, or established''.
(b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is
amended--
(1) in paragraph (1), by striking ``the sixth anniversary
date of the original loan disbursement'' and inserting ``5
years after the date of substantial completion''; and
(2) by adding at the end the following:
``(3) Deferred payments.--
``(A) In general.--If at any time after the date of
substantial completion the project is unable to
generate sufficient revenues to pay the scheduled loan
repayments of principal and interest on the direct
loan, the Secretary, subject to subparagraph (B), may
allow the obligor to add unpaid principal and interest
to the outstanding balance of the direct loan.
``(B) Interest.--A payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest under
paragraph (2) until the loan is fully repaid;
and
``(ii) be scheduled to be amortized over
the remaining term of the loan.
``(4) Prepayments.--
``(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and direct loan
and all deposit requirements under the terms of any
trust agreement, bond resolution, or similar agreement
securing project obligations may be applied annually to
prepay the direct loan without penalty.
``(B) Use of proceeds of refinancing.--The direct
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.''.
SEC. 7. CREDIT RISK PREMIUMS.
Section 502(f) (45 U.S.C. 822(f)) is amended--
(1) in paragraph (1), by amending the first sentence to
read as follows: ``In lieu of or in combination with
appropriations of budget authority to cover the costs of direct
loans and loan guarantees as required under section 504(b)(1)
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)),
including the cost of a modification thereof, the Secretary may
accept on behalf of an applicant for assistance under this
section a commitment from a non-Federal source, including a
State or local government or agency thereof, to fund in whole
or in part credit risk premiums and modification costs with
respect to the loan that is the subject of the application or
modification.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by adding ``and'' after
the semicolon;
(B) by striking subparagraph (E); and
(C) by redesignating subparagraph (F) as
subparagraph (E);
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) Creditworthiness.--An applicant may propose and the
Secretary may accept as a basis for determining the amount of
the credit risk premium under paragraph (2) any of the
following in lieu of the value of any tangible asset as
collateral under paragraph (2)(A):
``(A) A rate covenant, if applicable.
``(B) Adequate coverage requirements to ensure
repayment, on a non-recourse basis, from cash flows
generated by the project or any other dedicated revenue
source, including--
``(i) tolls;
``(ii) user fees; or
``(iii) payments owing to the obligor under
a public-private partnership.
``(C) An investment-grade rating on debt senior to
the direct loan or loan guarantee.
``(D) A rating on the direct loan or loan
guarantee, as applicable.'';
(6) in paragraph (4), as redesignated, by striking
``amounts'' and inserting ``amounts (and in the case of a
modification, before the modification is executed), to the
extent appropriations are not available to the Secretary to
meet the costs of direct loans and loan guarantees, including
costs of modifications thereof''; and
(7) by adding at the end the following:
``(5) Use of other federal funds.--Notwithstanding any
other provision of law, an applicant may use other Federal
funds to pay part or all of a credit risk premium under this
subsection.''.
SEC. 8. MASTER CREDIT AGREEMENTS.
Section 502 (45 U.S.C. 822) is amended by adding at the end the
following:
``(k) Master Credit Agreements.--
``(1) In general.--Subject to section 502(d) and paragraph
(2) of this subsection, the Secretary may enter into a master
credit agreement if--
``(A) the common security pledge receives an
investment-grade rating from a rating agency prior to
the Secretary entering into the master credit
agreement; and
``(B) all of the conditions for the provision of
direct loans or loan guarantees, as applicable, under
this title are satisfied.
``(2) Conditions.--Each master credit agreement shall--
``(A) establish the maximum amount and general
terms and conditions of each applicable direct loan or
loan guarantee;
``(B) identify 1 or more dedicated non-Federal
revenue sources that will secure the repayment of each
applicable direct loan or loan guarantee;
``(C) provide for the obligation of funds for the
direct loans or loan guarantees after all requirements
have been met for the projects subject to the master
credit agreement; and
``(D) unless otherwise extended by the Secretary,
require that each applicable direct loan and loan
guarantee results in a financial close and obligation
of assistance, or release of the master credit
agreement, not later than 3 years after the date of
entry by the Secretary into the agreement.
``(l) Non-Federal Share.--The proceeds of a direct loan under this
title may be used for any non-Federal share of project costs required
under chapter 244 of title 49, United States Code, if the loan is
repayable from non-Federal funds.''.
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) Priority Projects.--Section 502(c)(5) (45 U.S.C. 822(c)(5)) is
amended by inserting ``or chapter 227 of title 49'' after ``section 135
of title 23''.
(b) Conditions of Assistance.--Section 502(h) (45 U.S.C. 822(h)) is
amended--
(1) in paragraph (2), by inserting ``, if applicable''
after ``project''; and
(2) by adding at the end the following:
``(4) For a project described in subsection (b)(1)(D), the
Secretary shall require the applicant to pay, in addition to
the interest required under subsection (e), a fee or payment in
an amount determined appropriate by the Secretary to provide an
equitable share of revenue to support capital or operating
costs of routes serving the passenger rail station or
multimodal station where the development is located.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal years
2015 through 2020 $100,000,000, to remain available until expended, for
the cost of direct loans and loan guarantees under sections 502 through
504 of the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.).
SEC. 11. SAVINGS PROVISION.
This Act, and the amendments made by this Act, shall not affect any
direct loan (or direct loan obligation) or an outstanding loan
guarantee (or loan guarantee commitment) that was in effect prior to
the date of enactment of this Act. Any such transaction entered into
before the date of enactment of this Act shall be administered until
completion under its terms as if this Act were not enacted. | Railroad Infrastructure Financing Improvement Act This bill amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Department of Transportation (DOT) to make direct loans and loan guarantees to: joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity); and any obligor, as designated by such an entity, including a special purpose entity receiving user fees or other payments or revenues from dedicated sources for debt service and maintenance of the equipment or facilities to be acquired or improved. Direct loans and loan guarantees may also be solely for a public-private partnership, private entity, a consortium that specializes in real estate development, or an economic development project physically or functionally related to a passenger rail station or multimodal station. DOT shall notify direct loan or loan guarantee applicants if their applications are incomplete, and within another 60 days approve or disapprove a resubmitted application. Charges may be collected for certain costs additional to the evaluation of applications. The current formula cap on such a charge is repealed. The term for repayment of a direct loan or loan guarantee may extend from a maximum of 35 years to a maximum of the lesser of 50 years or 90% of the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established. DOT may allow an obligor to add unpaid principal and interest to the outstanding balance if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on a direct loan. Prepayments without penalty are also allowed. Authority for cohorts of loans is repealed. A direct loan or loan guarantee applicant may propose, and DOT may accept as collateral, as a basis for determining the amount of a credit risk premium any of the following in lieu of the value of any tangible asset: a rate covenant; adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source; an investment-grade rating on debt senior to the direct loan or loan guarantee; or a rating on the direct loan or loan guarantee. DOT may enter into a master credit agreement (to make one or more direct loans or loan guarantees at future dates for a program of related projects secured by a common security pledge) if: the common security pledge receives an investment-grade rating (BBB minus, Baa 3, bbb minus, BBB[low], or higher) from a rating agency before entry into the master credit agreement; and all specified conditions for the provision of direct loans or loan guarantees, as applicable, are satisfied. DOT must require the applicant for an economic development project to pay, in addition to interest, a fee to provide an equitable share of revenue to support capital or operating costs of routes serving the passenger rail station or multimodal station where the development is located. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Start Healthy, Stay Healthy Act of
2005''.
SEC. 2. STATE OPTION TO EXPAND OR ADD COVERAGE OF CERTAIN PREGNANT
WOMEN UNDER MEDICAID AND SCHIP.
(a) Medicaid.--
(1) Authority to expand coverage.--Section 1902(l)(2)(A)(i)
of the Social Security Act (42 U.S.C. 1396a(l)(2)(A)(i)) is
amended by inserting ``(or such higher percent as the State may
elect for purposes of expenditures for medical assistance for
pregnant women described in section 1905(u)(4)(A))'' after
``185 percent''.
(2) Enhanced matching funds available if certain conditions
met.--Section 1905 of the Social Security Act (42 U.S.C. 1396d)
is amended--
(A) in the fourth sentence of subsection (b), by
striking ``or subsection (u)(3)'' and inserting ``,
(u)(3), or (u)(4)''; and
(B) in subsection (u)--
(i) by redesignating paragraph (4) as
paragraph (5); and
(ii) by inserting after paragraph (3) the
following:
``(4) For purposes of the fourth sentence of subsection (b) and
section 2105(a), the expenditures described in this paragraph are the
following:
``(A) Certain pregnant women.--If the conditions described
in subparagraph (B) are met, expenditures for medical
assistance for pregnant women described in subsection (n) or
under section 1902(l)(1)(A) in a family the income of which
exceeds the effective income level (expressed as a percent of
the poverty line and considering applicable income disregards)
that has been specified under subsection (a)(10)(A)(i)(III) or
(l)(2)(A) of section 1902, as of January 1, 2005, but does not
exceed the income eligibility level established under title XXI
for a targeted low-income child.
``(B) Conditions.--The conditions described in this
subparagraph are the following:
``(i) The State plans under this title and title
XXI do not provide coverage for pregnant women
described in subparagraph (A) with higher family income
without covering such pregnant women with a lower
family income.
``(ii) The State does not apply an effective income
level for pregnant women that is lower than the
effective income level (expressed as a percent of the
poverty line and considering applicable income
disregards) that has been specified under the State
plan under subsection (a)(10)(A)(i)(III) or (l)(2)(A)
of section 1902, as of January 1, 2005, to be eligible
for medical assistance as a pregnant woman.
``(C) Definition of poverty line.--In this subsection, the
term `poverty line' has the meaning given such term in section
2110(c)(5).''.
(3) Payment from title xxi allotment for medicaid expansion
costs; elimination of counting medicaid child presumptive
eligibility costs against title xxi allotment.--Section
2105(a)(1) of the Social Security Act (42 U.S.C. 1397ee(a)(1))
is amended--
(A) in the matter preceding subparagraph (A), by
striking ``(or, in the case of expenditures described
in subparagraph (B), the Federal medical assistance
percentage (as defined in the first sentence of section
1905(b)))''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) for the provision of medical assistance that
is attributable to expenditures described in section
1905(u)(4)(A);''.
(4) Additional amendments to medicaid.--
(A) Eligibility of a newborn.--Section 1902(e)(4)
of the Social Security Act (42 U.S.C. 1396a(e)(4)) is
amended in the first sentence by striking ``so long as
the child is a member of the woman's household and the
woman remains (or would remain if pregnant) eligible
for such assistance''.
(B) Application of qualified entities to
presumptive eligibility for pregnant women under
medicaid.--Section 1920(b) of the Social Security Act
(42 U.S.C. 1396r-1(b)) is amended by adding at the end
after and below paragraph (2) the following flush
sentence:
``The term `qualified provider' includes a qualified entity as defined
in section 1920A(b)(3).''.
(b) SCHIP.--
(1) Coverage.--Title XXI of the Social Security Act (42
U.S.C. 1397aa et seq.) is amended by adding at the end the
following:
``SEC. 2111. OPTIONAL COVERAGE OF TARGETED LOW-INCOME PREGNANT WOMEN.
``(a) Optional Coverage.--Notwithstanding any other provision of
this title, a State may provide for coverage, through an amendment to
its State child health plan under section 2102, of pregnancy-related
assistance for targeted low-income pregnant women in accordance with
this section, but only if the State meets the conditions described in
section 1905(u)(4)(B).
``(b) Definitions.--For purposes of this title:
``(1) Pregnancy-related assistance.--The term `pregnancy-
related assistance' has the meaning given the term child health
assistance in section 2110(a) as if any reference to targeted
low-income children were a reference to targeted low-income
pregnant women, except that the assistance shall be limited to
services related to pregnancy (which include prenatal,
delivery, and postpartum services and services described in
section 1905(a)(4)(C)) and to other conditions that may
complicate pregnancy.
``(2) Targeted low-income pregnant woman.--The term
`targeted low-income pregnant woman' means a woman--
``(A) during pregnancy and through the end of the
month in which the 60-day period (beginning on the last
day of her pregnancy) ends;
``(B) whose family income exceeds the effective
income level (expressed as a percent of the poverty
line and considering applicable income disregards) that
has been specified under subsection (a)(10)(A)(i)(III)
or (l)(2)(A) of section 1902, as of January 1, 2005, to
be eligible for medical assistance as a pregnant woman
under title XIX but does not exceed the income
eligibility level established under the State child
health plan under this title for a targeted low-income
child; and
``(C) who satisfies the requirements of paragraphs
(1)(A), (1)(C), (2), and (3) of section 2110(b).
``(c) References to Terms and Special Rules.--In the case of, and
with respect to, a State providing for coverage of pregnancy-related
assistance to targeted low-income pregnant women under subsection (a),
the following special rules apply:
``(1) Any reference in this title (other than in subsection
(b)) to a targeted low-income child is deemed to include a
reference to a targeted low-income pregnant woman.
``(2) Any such reference to child health assistance with
respect to such women is deemed a reference to pregnancy-
related assistance.
``(3) Any such reference to a child is deemed a reference
to a woman during pregnancy and the period described in
subsection (b)(2)(A).
``(4) In applying section 2102(b)(3)(B), any reference to
children found through screening to be eligible for medical
assistance under the State medicaid plan under title XIX is
deemed a reference to pregnant women.
``(5) There shall be no exclusion of benefits for services
described in subsection (b)(1) based on any preexisting
condition and no waiting period (including any waiting period
imposed to carry out section 2102(b)(3)(C)) shall apply.
``(6) Subsection (a) of section 2103 (relating to required
scope of health insurance coverage) shall not apply insofar as
a State limits coverage to services described in subsection
(b)(1) and the reference to such section in section
2105(a)(1)(C) is deemed not to require, in such case,
compliance with the requirements of section 2103(a).
``(7) In applying section 2103(e)(3)(B) in the case of a
pregnant woman provided coverage under this section, the
limitation on total annual aggregate cost-sharing shall be
applied to the entire family of such pregnant woman.
``(d) Automatic Enrollment for Children Born to Women Receiving
Pregnancy-Related Assistance.--If a child is born to a targeted low-
income pregnant woman who was receiving pregnancy-related assistance
under this section on the date of the child's birth, the child shall be
deemed to have applied for child health assistance under the State
child health plan and to have been found eligible for such assistance
under such plan or to have applied for medical assistance under title
XIX and to have been found eligible for such assistance under such
title, as appropriate, on the date of such birth and to remain eligible
for such assistance until the child attains 1 year of age. During the
period in which a child is deemed under the preceding sentence to be
eligible for child health or medical assistance, the child health or
medical assistance eligibility identification number of the mother
shall also serve as the identification number of the child, and all
claims shall be submitted and paid under such number (unless the State
issues a separate identification number for the child before such
period expires).''.
(2) Additional allotments for providing coverage of
pregnant women.--
(A) In general.--Section 2104 of the Social
Security Act (42 U.S.C. 1397dd) is amended by inserting
after subsection (c) the following:
``(d) Additional Allotments for Providing Coverage of Pregnant
Women.--
``(1) Appropriation; total allotment.--For the purpose of
providing additional allotments to States under this title,
there is appropriated, out of any money in the Treasury not
otherwise appropriated, for each of fiscal years 2006 and 2007,
$200,000,000.
``(2) State and territorial allotments.--In addition to the
allotments provided under subsections (b) and (c), subject to
paragraphs (3) and (4), of the amount available for the
additional allotments under paragraph (1) for a fiscal year,
the Secretary shall allot to each State with a State child
health plan approved under this title--
``(A) in the case of such a State other than a
commonwealth or territory described in subparagraph
(B), the same proportion as the proportion of the
State's allotment under subsection (b) (determined
without regard to subsection (f)) to the total amount
of the allotments under subsection (b) for such States
eligible for an allotment under this paragraph for such
fiscal year; and
``(B) in the case of a commonwealth or territory
described in subsection (c)(3), the same proportion as
the proportion of the commonwealth's or territory's
allotment under subsection (c) (determined without
regard to subsection (f)) to the total amount of the
allotments under subsection (c) for commonwealths and
territories eligible for an allotment under this
paragraph for such fiscal year.
``(3) Use of additional allotment.--Additional allotments
provided under this subsection are not available for amounts
expended before October 1, 2005. Such amounts are available for
amounts expended on or after such date for child health
assistance for targeted low-income children, as well as for
pregnancy-related assistance for targeted low-income pregnant
women.
``(4) No payments unless election to expand coverage of
pregnant women.--No payments may be made to a State under this
title from an allotment provided under this subsection unless
the State provides pregnancy-related assistance for targeted
low-income pregnant women under this title, or provides medical
assistance for pregnant women under title XIX, whose family
income exceeds the effective income level applicable under
subsection (a)(10)(A)(i)(III) or (l)(2)(A) of section 1902 to a
family of the size involved as of January 1, 2005.''.
(B) Conforming amendments.--Section 2104 of the
Social Security Act (42 U.S.C. 1397dd) is amended--
(i) in subsection (a), in the matter
preceding paragraph (1), by inserting ``subject
to subsection (d),'' after ``under this
section,'';
(ii) in subsection (b)(1), by inserting
``and subsection (d)'' after ``Subject to
paragraph (4)''; and
(iii) in subsection (c)(1), by inserting
``subject to subsection (d),'' after ``for a
fiscal year,''.
(3) Presumptive eligibility under title xxi.--
(A) Application to pregnant women.--Section
2107(e)(1)(D) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended to read as follows:
``(D) Sections 1920 and 1920A (relating to
presumptive eligibility).''.
(B) Exception from limitation on administrative
expenses.--Section 2105(c)(2) of the Social Security
Act (42 U.S.C. 1397ee(c)(2)) is amended by adding at
the end the following new subparagraph:
``(C) Exception for presumptive eligibility
expenditures.--The limitation under subparagraph (A) on
expenditures shall not apply to expenditures
attributable to the application of section 1920 or
1920A (pursuant to section 2107(e)(1)(D)), regardless
of whether the child or pregnant woman is determined to
be ineligible for the program under this title or title
XIX.''.
(4) Additional amendments to title xxi.--
(A) No cost-sharing for pregnancy-related
services.--Section 2103(e)(2) of the Social Security
Act (42 U.S.C. 1397cc(e)(2)) is amended--
(i) in the heading, by inserting ``or
pregnancy-related services'' after ``Preventive
services''; and
(ii) by inserting before the period at the
end the following: ``or for pregnancy-related
services''.
(B) No waiting period.--Section 2102(b)(1)(B) of
the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is
amended--
(i) by striking ``, and'' at the end of
clause (i) and inserting a semicolon;
(ii) by striking the period at the end of
clause (ii) and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) may not apply a waiting period
(including a waiting period to carry out
paragraph (3)(C)) in the case of a targeted
low-income pregnant woman.''.
(c) Effective Date.--The amendments made by this section apply to
items and services furnished on or after October 1, 2005, without
regard to whether regulations implementing such amendments have been
promulgated.
SEC. 3. COORDINATION WITH THE MATERNAL AND CHILD HEALTH PROGRAM.
(a) In General.--Section 2102(b)(3) of the Social Security Act (42
U.S.C. 1397bb(b)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) that operations and activities under this
title are developed and implemented in consultation and
coordination with the program operated by the State
under title V in areas including outreach and
enrollment, benefits and services, service delivery
standards, public health and social service agency
relationships, and quality assurance and data
reporting.''.
(b) Conforming Medicaid Amendment.--Section 1902(a)(11) of such Act
(42 U.S.C. 1396a(a)(11)) is amended--
(1) by striking ``and'' before ``(C)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (D) provide that operations and activities
under this title are developed and implemented in consultation
and coordination with the program operated by the State under
title V in areas including outreach and enrollment, benefits
and services, service delivery standards, public health and
social service agency relationships, and quality assurance and
data reporting''.
(c) Effective Date.--The amendments made by this section take
effect on January 1, 2006.
SEC. 4. INCREASE IN SCHIP INCOME ELIGIBILITY.
(a) Definition of Low-Income Child.--Section 2110(c)(4) of the
Social Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended by
striking ``200'' and inserting ``250''.
(b) Effective Date.--The amendment made by subsection (a) applies
to child health assistance provided, and allotments determined under
section 2104 of the Social Security Act (42 U.S.C. 1397dd) for fiscal
years beginning with fiscal year 2006. | Start Healthy, Stay Healthy Act of 2005- Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to give States new options to: (1) cover low-income pregnant women; and (2) provide for coordination of SCHIP with the Maternal and Child Health Program under SSA title V.
Provides for an increase in SCHIP income eligibility. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clinical Trials Modernization Act of
2015''.
SEC. 2. CLINICAL TRIAL MODERNIZATION.
(a) Proposals for Use of Innovative Statistical Methods in Clinical
Protocols for Drugs, Biological Products, and Devices.--Chapter V of
the Federal Food, Drug, and Cosmetic Act is amended by inserting after
section 506F (21 U.S.C. 356f) the following new section:
``SEC. 507. CLINICAL TRIAL MODERNIZATION.
``(a) In General.--To promote the efficiency of the development and
regulatory review and approval, licensure, or clearance of drugs,
biological products, and devices and the timely availability of
innovative treatments, the Secretary shall, after providing notice and
an opportunity for public comment, establish and implement a framework
through which--
``(1) sponsors of drugs, biological products, or devices
may submit to the Secretary a proposal for the incorporation of
adaptive trial designs, Bayesian methods, or other alternative
statistical methods into proposed clinical protocols and
marketing applications for drugs, biological products, or
devices; and
``(2) the Secretary will commit to timelines for reviewing
and providing feedback on proposals so submitted.''.
(b) Guidance Addressing Use of Adaptive Trial Designs and Bayesian
Methods.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs (in
this subsection referred to as the ``Secretary''), shall--
(A) update and finalize the draft guidance
addressing the use of adaptive trial design for drugs
and biological products; and
(B) issue draft guidance on the use of Bayesian
methods in the development and regulatory review and
approval, licensure, or clearance of drugs, biological
products, and devices.
(2) Contents.--The guidances under paragraph (1) shall--
(A) establish or clarify standards for using
adaptive trial designs and Bayesian methods in clinical
trials, including clinical trials that form the primary
basis for approval, clearance, or licensure of the
products involved (such as trials that provide
substantial evidence for the approval of drugs);
(B) establish a mechanism for sponsors to obtain
feedback from the Secretary under section 507, as added
by subsection (a), on technical issues related to
modeling and simulations prior to--
(i) completion of such modeling or
simulations; or
(ii) the submission of resulting
information to the Secretary;
(C) specify the types of quantitative and
qualitative information required for review; and
(D) specify the recommended analysis methodology.
(3) Public meeting.--Prior to updating or developing the
guidances required by paragraph (1), the Secretary shall
consult, through a public meeting to be held no later than 1
year after the date of enactment of this Act, with stakeholders
including representatives of regulated industry, academia,
patient advocacy organizations, and disease research
foundations.
(4) Schedule.--The Secretary shall, after providing notice
and opportunity for public comment, publish--
(A) the final guidance required by paragraph (1)(A)
not later than 6 months after the date of the public
meeting required by paragraph (3); and
(B) the guidance required by paragraph (1)(B) not
later than 12 months after the date of the public
meeting required by paragraph (3).
(5) Review and revision of guidance documents.--Not later
than 48 months after the date of enactment of this Act, the
Secretary shall review and, as appropriate, revise the guidance
documents required by subparagraphs (A) and (B) of paragraph
(1) to reflect developments in statistical methods that could
be appropriate for use in clinical trials, including clinical
trials that--
(A) form the primary basis for approval, clearance,
or licensure of drugs, biological products or devices;
or
(B) provide substantial evidence for the approval
of drugs.
SEC. 3. EVALUATIONS OF REQUIRED POSTAPPROVAL STUDIES AND CLINICAL
TRIALS.
(a) In General.--Section 505(o)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the
following new subparagraph:
``(G) Evaluations of required postapproval studies
and clinical trials.--
``(i) In general.--The Secretary shall
establish a process under which the Secretary,
on the initiative of the Secretary or at the
request of a responsible person, shall
periodically evaluate a postapproval study or
clinical trial required to be conducted under
this paragraph to determine whether--
``(I) the trial or study is no
longer scientifically warranted; or
``(II) the design, or the timelines
applicable to the completion of, the
study or trial should be renegotiated
because of changes in medical practice
or the standard of care.
``(ii) Not scientifically warranted.--In
the case of a determination under clause (i)(I)
that a postapproval study or clinical trial
required to be conducted under this paragraph
is no longer scientifically warranted, the
Secretary shall no longer require the
responsible person to conduct the study or
trial.
``(iii) Renegotiation.--In the case of a
determination under clause (i)(II) that the
design, or the timelines applicable to the
completion of, a postapproval study or clinical
trial required to be conducted under this
paragraph should be renegotiated, the Secretary
shall enter into negotiations with the
responsible person to make such changes as may
be necessary to such design or timelines as the
Secretary determines are necessary.''.
(b) Guidance.--Not later than one year after the date of the
enactment of this Act, the Secretary shall issue draft guidance on the
implementation of subparagraph (G) of section 505(o)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)), as added by
subsection (a). Not later than two years after such date of enactment,
the Secretary shall issue final guidance on such implementation. | Clinical Trials Modernization Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to allow sponsors of applications for new drugs, biological products, and medical devices to propose incorporation of alternative statistical methods, including adaptive trial design and Bayesian methods, into clinical trial protocols and marketing applications. The FDA is required to issue guidance that establishes or clarifies standards for using alternative statistical methods in clinical trials. The FDA must establish a process under which a post-approval study or clinical trial required by the FDA is periodically evaluated to determine whether the trial or study is no longer scientifically warranted or whether the design should be renegotiated because of changes in medical practice or the standard of care. | [
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] |
SECTION 1. TEMPORARY EXTENSION OF AGRICULTURAL PROGRAMS.
(a) Extension.--Except as otherwise provided in this section and
notwithstanding any other provision of law, the authorities provided by
each provision of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1651) and each amendment made by that
Act (and for mandatory programs at such funding levels), as in effect
on September 30, 2013, pursuant to the extension and amendments made by
section 701 of the American Taxpayer Relief Act of 2012 (Public Law
112-240; 7 U.S.C. 8701 note), shall continue, and the Secretary of
Agriculture shall carry out the authorities, until January 31, 2014,
except as provided in subsection (b)(1) of such section 701.
(b) Suspension of Permanent Price Support Authorities.--The
provisions of law specified in subsections (a) through (c) of section
1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782)
shall be suspended until January 31, 2014.
(c) Supplemental Agricultural Disaster Assistance.--Section 531 of
the Federal Crop Insurance Act (7 U.S.C. 1531), as amended by section
702 of the American Taxpayer Relief Act of 2012 (Public Law 112-240),
relating to the provision of supplemental agricultural disaster
assistance, shall apply through January 31, 2014.
(d) Exceptions.--
(1) Nutrition.--Subsection (a) does not apply with respect
to mandatory funding provided by the program authorized by the
provision of law amended by subsection (d)(2) of section 701 of
the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7
U.S.C. 8701 note).
(2) Conservation.--Subsection (a) does not apply with
respect to the programs specified in paragraphs (3)(B), (4),
(6), and (7) of section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)), relating to the conservation
stewardship program, farmland protection program, environmental
quality incentives program, and wildlife habitat incentives
program, for which program authority was extended through
fiscal year 2014 by section 716 of Public Law 112-55 (125 Stat.
582).
(3) Trade.--Subsection (a) does not apply with respect to
the following provisions of law:
(A) Section 3206 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 1726c) relating to the use
of Commodity Credit Corporation funds to support local
and regional food aid procurement projects.
(B) Section 3107(l)(1) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(1))
relating to the use of Commodity Credit Corporation
funds to carry out the McGovern-Dole International Food
for Education and Child Nutrition Program.
(4) Survey of foods purchased by school food authorities.--
Subsection (a) does not apply with respect to section 4307 of
the Food, Conservation, and Energy Act of 2008 (Public Law 110-
246; 122 Stat. 1893) relating to the use of Commodity Credit
Corporation funds for a survey and report regarding foods
purchased by school food authorities.
(5) Rural development.--Subsection (a) does not apply with
respect to the following provisions of law:
(A) Section 379E(d)(1) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008s(d)(1)), relating
to funding of the rural microentrepreneur assistance
program.
(B) Section 6029 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246; 122 Stat. 1955)
relating to funding of pending rural development loan
and grant applications.
(C) Section 231(b)(7)(A) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(b)(7)(A)),
relating to funding of value-added agricultural market
development program grants.
(D) Section 375(e)(6)(B) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008j(e)(6)(B))
relating to the use of Commodity Credit Corporation
funds for the National Sheep Industry Improvement
Center.
(6) Market loss assistance for asparagus producers.--
Subsection (a) does not apply with respect to section 10404(d)
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2112).
(7) Supplemental agricultural disaster assistance.--
Subsection (a) does not apply with respect to section 531 of
the Federal Crop Insurance Act (7 U.S.C. 1531) and title IX of
the Trade Act of 1974 (19 U.S.C. 2497 et seq.) relating to the
provision of supplemental agricultural disaster assistance.
(8) Pigford claims.--Subsection (a) does not apply with
respect to section 14012 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 2209) relating to
determination on the merits of Pigford claims.
(9) Heartland, habitat, harvest, and horticulture act of
2008.--Subsection (a) does not apply with respect to title XV
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2246), and amendments made by that title,
relating to the provision of supplemental agricultural disaster
assistance under title IX of the Trade Act of 1974 (19 U.S.C.
2497 et seq.), certain revenue and tax provisions, and certain
trade benefits and other matters.
(e) Effective Date.--This section takes effect as of September 30,
2013.
Passed the House of Representatives December 12, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Extends until January 31, 2014: (1) specified agricultural programs under the Food, Conservation, and Energy Act of 2008, (2) suspension of permanent price support authorities, and (3) supplemental agricultural disaster assistance. Exempts from such extensions: (1) mandatory funding for nutrition education; (2) the conservation stewardship program, the farmland protection program, the environmental quality incentives program, and the wildlife habitat incentives program; (3) Commodity Credit Corporation funding for local and regional food aid procurement projects, the McGovern-Dole International Food for Education and Child Nutrition Program, and a survey of foods purchased by school food authorities; (4) rural development programs for micro entrepreneur assistance, pending rural development loans and grants, value-added agricultural market development grants, and the National Sheep Industry Improvement Center; (5) market loss assistance for asparagus producers; (6) supplemental agricultural disaster assistance; (7) Pigford claims determinations; and (8) specified requirements of the Heartland, Habitat, Harvest, and Horticulture Act of 2008 relating to supplemental agricultural disaster assistance, revenue and tax, and trade. Backdates the effective date of this Act to September 30, 2013. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Choice in Welfare Tax Credit Act of
1995''.
SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE
CHARITIES PROVIDING ASSISTANCE TO THE POOR.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the qualified charitable contributions
which are paid by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed by subsection (a) for the
taxable year shall not exceed $100 ($200 in the case of a joint
return).
``(c) Qualified Charitable Contribution.--For purposes of this
section, the term `qualified charitable contribution' means any
charitable contribution (as defined in section 170(c)) made in cash to
a qualified charity but only if the amount of each such contribution,
and the recipient thereof, are identified on the return for the taxable
year during which such contribution is made.
``(d) Qualified Charity.--
``(1) In general.--For purposes of this section, the term
`qualified charity' means, with respect to the taxpayer, any
organization described in section 501(c)(3) and exempt from tax
under section 501(a)--
``(A) which is certified by the Secretary as
meeting the requirements of paragraphs (2) and (3),
``(B) which is organized under the laws of the
United States or of any State in which the organization
is qualified to operate, and
``(C) which is required, or elects to be treated as
being required, to file returns under section 6033.
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the predominant activity of such organization is the provision
of services to individuals whose annual incomes generally do
not exceed 150 percent of the official poverty line (as defined
by the Office of Management and Budget).
``(3) Minimum expenditure requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual exempt purpose
expenditures of such organization will not be less than
70 percent of the annual aggregate expenditures of such
organization.
``(B) Exempt purpose expenditure.--For purposes of
subparagraph (A)--
``(i) In general.--The term `exempt purpose
expenditure' means any expenditure to carry out
the activity referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any administrative expense,
``(II) any expense for the purpose
of influencing legislation (as defined
in section 4911(d)),
``(III) any expense primarily for
the purpose of fundraising, and
``(IV) any expense for litigation
on behalf of any individual referred to
in paragraph (2).
``(e) Time When Contributions Deemed Made.--For purposes of this
section, at the election of the taxpayer, a contribution which is made
not later than the time prescribed by law for filing the return for the
taxable year (not including extensions thereof) shall be treated as
made on the last day of such taxable year.
``(f) Coordination With Deduction for Charitable Contributions.--
``(1) Credit in lieu of deduction.--The credit provided by
subsection (a) for any qualified charitable contribution shall
be in lieu of any deduction otherwise allowable under this
chapter for such contribution.
``(2) Election to have section not apply.--A taxpayer may
elect for any taxable year to have this section not apply.''
(b) Qualified Charities Required To Provide Copies of Annual
Return.--Subsection (e) of section 6104 of such Code (relating to
public inspection of certain annual returns and applications for
exemption) is amended by adding at the end the following new paragraph:
``(3) Charities receiving creditable contributions required
to provide copies of annual return.--
``(A) In general.--Every qualified charity (as
defined in section 23(d)) shall, upon request of an
individual made at an office where such organization's
annual return filed under section 6033 is required
under paragraph (1) to be available for inspection,
provide a copy of such return to such individual
without charge other than a reasonable fee for any
reproduction and mailing costs. If the request is made
in person, such copies shall be provided immediately
and, if made other than in person, shall be provided
within 30 days.
``(B) Period of availability.--Subparagraph (A)
shall apply only during the 3-year period beginning on
the filing date (as defined in paragraph (1)(D) of the
return requested).''
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 22 the following new item:
``Sec. 23. Credit for certain charitable
contributions.''
(d) Effective Date.--The amendments made by this section shall
apply to contributions made after the 90th day after the date of the
enactment of this Act in taxable years ending after such date. | Choice in Welfare Tax Credit Act of 1995 - Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 ($200 for a joint return) of the value of certain charitable contributions to any tax-exempt, U.S. organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return; and (2) such charities provide copies of their annual return to such individuals upon request. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Army Arsenal Strategic Workload
Enhancement Act of 2012''.
SEC. 2. DEPARTMENT OF DEFENSE USE OF ARSENALS.
(a) In General.--Chapter 143 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2425. Department of Defense use of arsenals
``(a) In General.--The Secretary of Defense shall develop and
promulgate measurable and enforceable guidelines for the Department of
Defense, defense agencies, and the military services to have supplies,
components, end items, parts, assemblies, and sub-assemblies made in
factories or arsenals owned by the United States, to the extent those
factories or arsenals can make those supplies, components, end items,
parts, assemblies, and sub-assemblies on an economical basis while
preserving the ability to provide an effective and timely response to
mobilizations, national defense contingency situations, and other
emergency requirements.
``(b) Determination of Economical Basis.--For purposes of
determining whether supplies, components, end items, parts, assemblies,
and sub-assemblies can be made on an `economical basis' under
subsection (a), the Secretary of Defense shall analyze the direct costs
associated with the manufacture of such supplies, components, end
items, parts, assemblies, and sub-assemblies. If an analysis is not
performed, the Secretary of Defense or the relevant defense agency or
military service shall promptly report to the congressional defense
committees the justification for not performing an analysis.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2425. Department of Defense use of arsenals.''.
SEC. 3. ASSIGNMENT OF WORKLOAD AT ARMY FACTORIES AND ARSENALS.
(a) In General.--Section 4532 of title 10, United States Code, is
amended to read as follows:
``Sec. 4532. Assignment of workload at Army factories and arsenals
``(a) Assignment of Workload.--(1) The Secretary of the Army shall
assign Government-owned and Government-operated Department of the Army
factories and arsenals sufficient workload to ensure cost efficiency
and technical competence in peacetime, while preserving the ability to
provide an effective and timely response to mobilizations, national
defense contingency situations, and other emergency requirements.
``(2) At a minimum, workload may be derived from manufacturing of
supplies, components, parts, systems, subsystems, and foreign military
sales.
``(3) The Secretary of the Army shall develop and promulgate
guidelines to make the arsenals available to the Department of Defense,
defense agencies, and military services for procurement of supplies,
components, parts, systems, and subsystems.
``(b) Waiver Authority.--(1) The Secretary of the Army may waive
the requirement under subsection (a)(1) if such a waiver is necessary
for the national defense.
``(2) A waiver under paragraph (1) shall not take effect until 30
days after the Secretary submits to the congressional defense
committees a notification of the determination, together with the
justification for the determination.
``(3) The authority to grant a waiver under paragraph (1) may not
be delegated.
``(c) Annual Arsenal Report.--In 2013 and each year thereafter, not
later than 60 days after the date on which the budget of the President
for a fiscal year is submitted to Congress, the Secretary of Defense
shall submit to Congress a report for the Army identifying, for the
relevant fiscal year, each of the following:
``(1) The core arsenal manufacturing capability.
``(2) The workload required to cost-effectively support the
arsenals and the manufacturing capability inherent in these
installations.
``(3) The Secretary of the Army's performance in
maintaining the Department of the Army's factories and arsenals
with sufficient workload to ensure affordability and technical
competence in peacetime.
``(4) The capital investments required to be made in order
to ensure compliance and operational capacity.
``(d) Comptroller General Review.--The Comptroller General shall
review each report required under subsection (c) for completeness and
compliance and provide findings and recommendations to the
congressional defense committees not later than 60 days after the
report is submitted to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 433 of title 10, United States Code, is amended by striking the
item relating to section 4532 and inserting the following new item:
``4532. Assignment of workload at Army factories and arsenals.''.
(c) Initial Workload Plan Report.--The first report required under
subsection (c) of section 4532 of title 10, United States Code, as
amended by subsection (a), shall be submitted not later than 180 days
after the date of the enactment of this Act. | Army Arsenal Strategic Workload Enhancement Act of 2012 - Directs the Secretary of Defense (Secretary) to develop and promulgate guidelines for the Department of Defense (DOD), defense agencies, and military services to have supplies, components, end items, parts, assemblies, and sub-assemblies (supplies and parts) made in factories or arsenals owned by the United States, to the extent that such factories or arsenals can make such supplies and parts on an economical basis while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergency requirements.
Requires the Secretary of the Army to: (1) assign government-owned and operated Army factories and arsenals sufficient workload to ensure cost efficiency and technical competence in peacetime, while preserving the response ability described above; and (2) make Army arsenals available to DOD, the defense agencies, and military services for the procurement of supplies, components, parts, systems, and subsystems.
Directs: (1) the Secretary to report annually to Congress on Army arsenal capabilities, workload, performance, and required capital investments; and (2) the Comptroller General to review each report for completeness and compliance and provide findings to the congressional defense committees. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manufacturing Advisory Council
Establishment Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Manufacturing is a critical component of the economy of
the United States.
(2) A strong manufacturing sector is important to
maintaining a desirable standard of living for all United
States citizens.
(3) United States manufacturers can compete globally as
long as they are not subjected to anti-competitive trade
practices.
(4) The United States manufacturing industry is presently
facing many challenges, both domestic and international.
(5) The President would benefit from regular, informed
advice from a variety of sources within the Unites States
manufacturing sector, including representatives of small and
mid-sized businesses, on policies that affect manufacturing.
SEC. 3. ESTABLISHMENT.
There is established a council to be known as the ``President's
Council of Advisors on Manufacturing''.
SEC. 4. DUTIES.
The duties of the Council shall be--
(1) to advise the President on policy matters affecting the
domestic manufacturing sector;
(2) to assist in the development of policies that will--
(A) reduce production costs within the
manufacturing sector,
(B) promote the competitiveness of products
manufactured in the United States in international
markets,
(C) encourage innovation, investment, and
productivity in the manufacturing sector, and
(D) ensure an adequate supply of skilled workers in
the manufacturing sector; and
(3) to assist the Secretary of Commerce in securing private
sector involvement for Department of Commerce activities.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Council shall be composed of 25
members appointed by the President as follows:
(1) 1 member shall be an officer or employee of the Federal
Government.
(2) 24 members shall be individuals who--
(A) are not officers or employees of the Federal
Government;
(B) have expertise in manufacturing; and
(C) represent businesses of various sizes and
industries within the manufacturing sector.
(b) Continuation of Membership.--If a member was appointed to the
Council as an officer or employee of the Federal Government and the
member ceases to be an officer or employee of the Federal Government,
or was appointed to the Council because the member was not an officer
or employee of the Federal Government and later becomes an officer or
employee of the Federal Government, that member may continue as a
member for not longer than the 90-day period beginning on the date that
the member ceases to be an officer or employee of the Federal
Government, or becomes such an officer or employee, as the case may be.
(c) Terms.--
(1) In general.--Each member shall be appointed for a term
of 2 years, except as provided in paragraphs (2) and (3).
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) 8 shall be appointed for terms of 4 years;
(B) 8 shall be appointed for terms of 3 years;
(C) 8 shall be appointed for terms of 2 years; and
(D) the member appointed under subsection (a)(1)
shall be appointed for a term of 2 years.
(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
(d) Deadline for Appointment.--The appointments of the members of
the Council shall be made no later than 90 days after the date of the
enactment of this Act.
(e) Co-chairs.--The co-chairs of the Council shall be the member
appointed under subsection (a)(1) and one member appointed under
subsection (a)(2) who is designated by the President at the time of
appointment.
(f) Meetings.--
(1) First meeting.--The Council shall hold its first
meeting on a date designated by the co-chairs which is not
later than 30 days after the date on which all members have
been appointed.
(2) Subsequent meetings.--After the first meeting, the
Council shall meet at least semi-annually upon the call of the
co-chairs.
(g) No Compensation for Service.--The members shall serve on the
Council without compensation.
(h) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 6. POWERS OF THE COUNCIL.
(a) Information and Advice.--As the Council finds appropriate, the
Council may seek information and advice from persons who are not
members of the Council.
(b) Obtaining Official Data.--The Council may secure directly from
any agency of the United States information necessary to enable it to
carry out this Act. Upon the request of either co-chair, the head of
that department or agency shall furnish that information to the
Council.
(c) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
SEC. 7. ADMINISTRATION.
(a) Expenses.--Any expenses incurred by the Council shall be paid
from the funds available to the Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce.
(b) Administrative Services.--The Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce, shall provide any administrative support
services required by the Council.
SEC. 8. NO TERMINATION.
Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.; relating to the termination of advisory committees) shall not
apply to the Council. | Manufacturing Advisory Council Establishment Act of 2004 - Establishes the President's Council of Advisors on Manufacturing to: (1) advise the President on policy matters affecting the domestic manufacturing sector; (2) develop policies that will reduce manufacturing production costs, promote the international competitiveness of U.S.-manufactured products, encourage innovation, investment and productivity in the manufacturing sector, and ensure an adequate supply of skilled manufacturing workers; and (3) assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities.
States that provisions of the Federal Advisory Committee Act relating to the termination of advisory committees shall not apply to the Council. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joe Testaverde Adult Stem Cell
Research Act of 2005''.
SEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF
NATIONAL INSTITUTES OF HEALTH REGARDING QUALIFYING ADULT
STEM CELL RESEARCH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409J. QUALIFYING ADULT STEM CELL RESEARCH.
``(a) In General.--
``(1) Expansion of activities.--The Director of NIH shall
expand, intensify, and coordinate the activities of the
National Institutes of Health regarding qualifying adult stem
cell research.
``(2) Collaboration among agencies.--The Director shall
carry out this section in collaboration with any other agencies
that the Director determines appropriate.
``(b) Centers of Excellence.--
``(1) In general.--In carrying out subsection (a)(1), the
Director shall make awards of grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding
qualifying adult stem cell research.
``(2) Research.--Each center shall conduct basic and
clinical research regarding qualifying adult stem cells. Such
research should include investigations into the cause,
diagnosis, early detection, prevention, control, and treatment
of disease.
``(3) Services for patients.--
``(A) In general.--A center may expend amounts
provided under paragraph (1) to carry out a program to
make individuals aware of opportunities to participate
as subjects in research conducted by the centers.
``(B) Referrals and costs.--A program under
subparagraph (A) may, in accordance with such criteria
as the Director may establish, provide to the subjects
described in such subparagraph, referrals for health
and other services, and such patient care costs as are
required for research.
``(C) Availability and access.--The extent to which
a center can demonstrate availability and access to
clinical services shall be considered by the Director
in decisions about awarding grants to applicants which
meet the scientific criteria for funding under this
section.
``(4) Coordination of centers; reports.--The Director
shall, as appropriate, provide for the coordination of
information among centers and ensure regular communication
between such centers, and may require the periodic preparation
of reports on the activities of the centers and the submission
of the reports to the Director.
``(5) Organization of centers.--Each center shall use the
facilities of a single institution, or be formed from a
consortium of cooperating institutions, meeting such
requirements as may be prescribed by the Director.
``(6) Number of centers; duration of support.--
``(A) In general.--The Director shall provide for
the establishment of not less than five centers under
paragraph (1).
``(B) Duration.--Support for a center may be
provided under this section for a period of not to
exceed 5 years. Such period may be extended for one or
more additional periods not exceeding 5 years if the
operations of such center have been reviewed by an
appropriate technical and scientific peer review group
established by the Director and if such group has
recommended to the Director that such period should be
extended.
``(c) Facilitation of Research.--In carrying out subsection (a)(1),
the Director shall provide for a program under which samples of tissues
and genetic materials that are of use in qualifying adult stem cell
research are donated, collected, preserved, and made available for such
research. The program shall be carried out in accordance with accepted
scientific and medical standards for the donation, collection, and
preservation of such samples.
``(d) Public Input.--In carrying out subsection (a)(1), the
Director shall provide for means through which the public can obtain
information on the existing and planned programs and activities of the
National Institutes of Health regarding qualifying adult stem cell
research and through which the Director can receive comments from the
public regarding such programs and activities.
``(e) Definitions.--In this section:
``(1) The term `center' means a center of excellence under
subsection (b)(1).
``(2) The term `Director' means the Director of NIH.
``(3) The term `qualifying adult stem cell' means a human
stem cell obtained from a human placenta, umbilical cord blood,
an organ or tissue of a living or deceased human being who has
been born, or an organ or tissue of unborn human offspring who
died of natural causes (such as spontaneous abortion).
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal year 2006 and each subsequent fiscal year. Such
authorization of appropriations is in addition to any other
authorization of appropriations that is available for activities of the
National Institutes of Health regarding qualifying adult stem cell
research.''. | Joe Testaverde Adult Stem Cell Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH activities regarding qualifying adult stem cell research. Defines "qualifying adult stem cell" to mean a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion).
Requires the Director to award grants and contracts to plan, establish, improve, and provide basic operating support for no less than five centers of excellence regarding such research. Requires each center to conduct basic and clinical research, including investigations into the cause, diagnosis, early detection, prevention, control, and treatment of disease. Allows a center to: (1) make individuals aware of opportunities to participate as subjects in research; and (2) provide referrals for health and other services.
Requires the Director to provide for: (1) a program under which samples of tissues and genetic materials that are of use in qualifying adult stem cell research are donated, collected, preserved, and made available for such research; and (2) means through which the public can obtain information on NIH programs and activities related to such research and through which the Director can receive comments from the public. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlined and Improved Methods at
Polling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''.
SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING
TIMES FOR VOTERS IN FEDERAL ELECTIONS.
(a) Requirements for States.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 306
and 307; and
(2) by inserting after section 303 the following new
sections:
``SEC. 304. EARLY VOTING.
``(a) In General.--Each State shall allow individuals to vote in an
election for Federal office on each day occurring during the 15-day
period which ends 2 days before the date of the election, in the same
manner as voting is allowed on such day.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the date of a Federal election pursuant to
subsection (a) shall--
``(1) allow such voting for not less than 10 hours on each
day; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting prior to the date of a Federal election
pursuant to subsection (a) is located within reasonable walking
distance of a stop on a public transportation route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the date scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.
``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.
``(a) Preventing Unreasonable Waiting Times.--
``(1) In general.--Each State shall provide a sufficient
number of voting systems, poll workers, and other election
resources (including physical resources) at a polling place
used in any election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, to ensure--
``(A) a fair and equitable waiting time for all
voters in the State; and
``(B) that no individual will be required to wait
longer than one hour to cast a ballot at the polling
place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided at
a polling place for purposes of paragraph (1), the State shall
take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by such
voting site, such as the proportion of the voting-age
population who are under 25 years of age or who are
naturalized citizens.
``(F) The educational levels and socio-economic
factors of the population served by such voting site.
``(G) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(H) The type of voting systems used.
``(I) The length and complexity of initiatives,
referenda, and other questions on the ballot.
``(J) Such other factors as the State considers
appropriate.
``(3) Guidelines.--Not later than 180 days after the date
of the enactment of this section, the Commission shall
establish and publish guidelines to assist States in meeting
the requirements of this subsection.
``(4) Rule of construction.--Nothing in this subsection may
be construed to authorize a State to meet the requirements of
this subsection by closing any polling place, prohibiting an
individual from entering a line at a polling place, or refusing
to permit an individual who has arrived at a polling place
prior to closing time from voting at the polling place.
``(b) Development and Implementation of Contingency Plans.--
``(1) In general.--Each State shall develop, and implement
to the greatest extent practicable, a contingency plan under
which the State shall provide additional poll workers,
machines, ballots, and other equipment and supplies (as the
case may be) on the date of the election to any polling place
used in an election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, at which waiting times exceed one hour.
``(2) Approval of plan by commission.--The State shall
ensure that the contingency plan developed under paragraph (1)
is approved by the Commission prior to the date of the election
involved, in accordance with such procedures as the Commission
may establish.
``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 303 the
following new items:
``Sec. 304. Early voting.
``Sec. 305. Preventing unreasonable waiting times for voters.''.
SEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS
OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING
PLACES.
Nothing in this Act or in any amendment made by this Act may be
construed to prohibit a State, with respect to any election for Federal
office--
(1) from providing (in an equitable and nondiscriminatory
manner) a longer period for early voting than the minimum
period required under section 304 of the Help America Vote Act
of 2002 (as added by section 2(a)); or
(2) from providing (in an equitable and nondiscriminatory
manner) a greater number of systems, poll workers, and other
election resources at any polling place than the minimum number
required under section 305 of such Act (as added by section
2(a)). | Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day.
Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route.
Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election.
Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place.
Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision Zero Act of 2017''.
SEC. 2. VISION ZERO PLANNING GRANTS.
(a) In General.--The Secretary of Transportation is authorized to
award grants to eligible entities to develop a plan, known as a Vision
Zero plan, to eliminate transportation-related fatalities and serious
injuries in the jurisdiction of such entity within a specified
timeframe, not to exceed 20 years.
(b) Application.--To be eligible for a grant under this section, an
eligible entity shall submit to the Secretary an application at such
time, in such form, and containing such information and assurances as
the Secretary may require.
(c) Plan Contents.--The Vision Zero plan described in subsection
(a) shall include--
(1) a description of projects or policies intended to
eliminate transportation-related fatalities and serious
injuries within a specified timeframe, not to exceed 20 years,
using existing transportation and health data and consideration
of risk factors, which may include--
(A) an examination of how development and
implementation of safety-focused automotive
technologies, vehicle-to-vehicle communication, and
vehicle-to-infrastructure communication can help
eliminate transportation-related fatalities and serious
injuries; and
(B) roadway design guidance that prioritizes the
safety of all users, with a focus on reducing speeds to
the extent practicable within State law and separating
modes of transportation;
(2) plans for implementation of, education of the public
about, and enforcement of such projects or policies;
(3) a description of how such policies, projects, and
enforcement will--
(A) equitably address the safety needs of low-
income and minority communities;
(B) ensure that such communities are not
disproportionately targeted by law enforcement; and
(C) protect the rights of members of such
communities with respect to title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.);
(4) a description of the required involvement of various
subdivisions of a unit of local government in the
implementation of the plan, including subdivisions in charge of
law enforcement, public health, and public works; and
(5) a description of a mechanism to evaluate progress of
the implementation of the plan, including the gathering and use
of transportation safety and demographic data.
SEC. 3. VISION ZERO IMPLEMENTATION GRANT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation may award grants to not
more than 5 eligible entities to support the implementation of a Vision
Zero plan to eliminate transportation-related fatalities and serious
injuries in the jurisdiction of such entity within a specified
timeframe, not to exceed 20 years.
(b) Application.--To be eligible for a grant under this section, an
eligible entity shall submit to the Secretary an application at such
time, in such form, and containing such information and assurances as
the Secretary may require.
(c) Vision Zero Plan Required.--To be eligible for a grant under
this section, an eligible entity shall have in effect a Vision Zero
plan that meets the requirements of section 2(c) and has been approved
by local resolution, ordinance, or law.
(d) Selection Criteria.--In selecting from among eligible entities
to receive grants under subsection (a), the Secretary shall consider,
at a minimum, the extent to which an entity--
(1) provided an opportunity for public input in the
development of the plan, including documented engagement with
low-income and minority communities;
(2) considered existing plans and planning processes in the
drafting of the vision zero plan;
(3) structured the plan to meet performance measures as
described in section 150(c) of title 23, United States Code;
(4) demonstrates broad community support for the plan,
including the commitment of community leaders to successful
implementation of the plan; and
(5) demonstrates the availability of State, local, or
Federal funds, in addition to Federal funds made available
under this section, for implementation of the plan.
(e) Funding Limitations.--
(1) Population limitation.--Not less than 25 percent of the
funds made available to carry out this section shall be used to
make grants to eligible entities that serve a jurisdiction with
a population of fewer than 200,000 individuals.
(2) Federal share.--
(A) In general.--Except as provided by subparagraph
(B), the Federal share of the cost of a project or
activity carried out using grant funds made available
under this section may not exceed 80 percent.
(B) Funds from other federal sources.--Amounts made
available to an eligible entity under another Federal
program may be credited toward the non-Federal share of
the cost of a project or activity described in
subparagraph (A), at the option of the eligible entity.
SEC. 4. ELIGIBLE ENTITY DEFINED.
In this Act, the term ``eligible entity'' means a unit of local
government including a city, town, township, borough, county, parish,
district, village, or other political subdivision of a State.
SEC. 5. REPORT.
Not later than 2 years after the final grant is awarded under this
Act, the Secretary shall submit to Congress, and make available to the
public, a report on the progress of the projects and activities carried
out using the grants including--
(1) a breakdown of infrastructure and noninfrastructure
projects;
(2) demographic data, in the aggregate, with respect to
individuals charged with a violation of law referenced in the
vision zero plan of an eligible entity that received a grant
under this Act; and
(3) best practices from the eligible entities that received
a grant under section 3.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated, for each of fiscal years
2018 through 2022, $5,000,000 to carry out section 2 and $25,000,000 to
carry out section 3. | Vision Zero Act of 2017 This bill authorizes the Department of Transportation to award grants to a city, town, township, borough, county, parish, district, village, or other political subdivision of a state to develop a Vision Zero plan to eliminate transportation-related fatalities and serious injuries in its jurisdiction within a specified timeframe, not to exceed 20 years. The Department may award grants to up to five entities serving such jurisdictions, with at least 25% of grant funds going to entities that serve a jurisdiction with a population of under 200,000. The federal share of projects costs shall not exceed 80%. | [
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] |
SECTION 1. SHORT TITLE AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Rocky Mountain
National Park Wilderness and Indian Peaks Wilderness Expansion Act''.
(b) Purpose.--The purpose of this Act is to include in the National
Wilderness Preservation System certain lands within the Rocky Mountain
National Park, Colorado, in order to protect the enduring scenic and
historic wilderness character and unique wildlife values of the lands
as well as the scientific, educational, inspirational, and recreational
resources, values, and opportunities of the lands; and to adjust the
boundaries of the Indian Peaks Wilderness and the Arapaho National
Recreation Area on the Arapaho National Forest in Colorado.
SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain
National Park, Colorado, which comprise approximately 249,339 acres, as
generally depicted on the map titled ``Rocky Mountain National Park,
Colorado Wilderness Boundaries'' and dated February 2006, are hereby
designated as wilderness and, therefore, as a component of the National
Wilderness Preservation System. The designated lands shall be known as
the Rocky Mountain National Park Wilderness.
(b) Map and Description.--
(1) Preparation and submission.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
the Interior shall prepare a map and a boundary description of
the Rocky Mountain National Park Wilderness designated by
subsection (a) and file the map and boundary description with
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
The map and boundary description shall be on file and available
for public inspection in the office of the Director of the
National Park Service, Department of the Interior.
(2) Treatment.--The map and boundary description prepared
under paragraph (1) shall have the same force and effect as if
included in this Act. The Secretary of the Interior may correct
clerical and typographical errors in the map and description.
(c) Potential Wilderness Lands.--
(1) Definition.--In this section, the term ``potential
wilderness lands'' means--
(A) lands identified as potential wilderness on the
map referred to in subsection (a); and
(B) lands and interests therein acquired by the
United States on or after the date of the enactment of
this Act that are located within the boundaries of the
Rocky Mountain National Park and are contiguous with
lands designated as wilderness by this Act.
(2) Inclusion in wilderness.--Upon publication in the
Federal Register of a notice by the Secretary of the Interior
that all uses of a parcel of potential wilderness lands
inconsistent with the Wilderness Act have ceased, the parcel
shall be included in the Rocky Mountain National Park
Wilderness designated by subsection (a) and managed as provided
in section 3. The Secretary of the Interior shall modify the
map and boundary description prepared under subsection (b) to
reflect the inclusion of the parcel in the Rocky Mountain
National Park Wilderness.
(d) Exclusion of Certain Lands.--The boundaries of the Rocky
Mountain National Park Wilderness and the potential wilderness lands
specifically exclude the following:
(1) The Grand Ditch (including both the main canal of the
Grand Ditch and a branch thereof known as the specimen Ditch)
and its right-of-way as well as associated appurtenances,
structures, buildings, camps, and worksites in existence as of
June 1, 1998.
(2) Lands owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and the
Inlet Ditch to such reservoir from the North St. Vrain Creek,
amounting to approximately 35.38 acres.
(3) Lands owned by the Wincentsen-Harms Trust, amounting to
approximately 2.75 acres.
(4) Lands within the area depicted as ``East Shore Trail
Area'' on the map described in subsection (b).
(e) East Shore Trail Area.--
(1) Alignment line and trail.--
(A) Not later than one year after the date of the
enactment of this Act, the Secretary shall establish an
alignment line for a trail, to be known as the East
Shore Trail, located within the East Shore Trail Area,
to maximize the opportunity for sustained use of the
trail without harm to affected resources or conflicts
among users. After establishing the alignment line, the
Secretary shall identify the boundaries of the trail,
but the trail shall not extend more than 25 feet east
of the alignment line or be located within the Rocky
Mountain National Park Wilderness.
(B) Nothing in this Act shall be construed to
require the construction of a trail along the alignment
line established pursuant to this paragraph or to limit
the extent to which any otherwise applicable laws or
policies shall apply with respect to any decision
regarding construction of such a trail.
(2) Map adjustment.--After establishing the alignment line
of the East Shore Trail, the Secretary shall adjust the map of
the wilderness area designated by subsection (a) so that the
western boundary of the wilderness is 50 feet east of the
alignment line.
(3) Other adjustments.--To the extent necessary to protect
National Park resources, the Secretary from time to time may
adjust the boundaries of the East Shore Trail, but no
adjustment shall have the effect of placing any portion of such
trail within the boundary of the wilderness area.
(4) Time limitation for authorization of use by
nonmotorized bicycles.--If the East Shore Trail has not been
constructed and authorized for use by nonmotorized bicycles on
or before the date that is 25 years after the date of the
enactment of this Act, the East Shore Trail Area shall be
included in the Rocky Mountain National Park Wilderness
designated by subsection (a) and managed as provided in section
3, and the Secretary shall modify the map and boundary
description of such wilderness area to reflect the inclusion of
such lands in wilderness.
(f) Relation to Lands Outside Wilderness.--
(1) Use of lands.--Except as provided in this subsection,
nothing in this Act shall affect the management or use of any
lands not included within the boundaries of the Rocky Mountain
National Park Wilderness or the potential wilderness lands.
(2) Use of motorized vehicles.--Until the date that is 25
years after the date of the enactment of this Act, no use of
motorized vehicles or other motorized machinery not permitted
on March 1, 2006, shall be allowed in the East Shore Trail
Area, except as may be necessary for constructing or
maintaining the East Shore Trail, if such construction is
authorized by the Secretary.
(3) Management of pending wilderness.--Pending their
inclusion in wilderness pursuant to subsection (c)(2), the
potential wilderness lands shall be managed to protect any
wilderness characteristics and to maintain their suitability
for inclusion in wilderness.
SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.
(a) Management Generally.--Subject to valid existing rights, lands
designated as wilderness by section 2(a) or subsequently included in
the Rocky Mountain National Park Wilderness by section 2(c) shall be
managed by the Secretary of the Interior in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to
the lands designated as wilderness by section 2(a), any reference in
the Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date of the enactment of this Act. With
respect to the lands subsequently included in the Rocky Mountain
National Park Wilderness by section 2(c), any reference in the
Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date on which the lands were included
in the wilderness area.
(b) Water Rights.--
(1) Findings.--Congress finds the following:
(A) According to decisions of the courts of the
State of Colorado, the United States has existing
rights to water within the Rocky Mountain National
Park.
(B) Those rights are sufficient for the purposes of
the Rocky Mountain National Park Wilderness as
designated by section 2.
(C) In light of the findings in subparagraphs (A)
and (B), there is no need for this Act to effect a
reservation by the United States of any additional
water rights to fulfill the purposes for which the
Rocky Mountain National Park Wilderness is designated.
(2) No reservation.--Nothing in this Act or any action
taken pursuant to this Act shall constitute either an express
or implied reservation of water or water rights for any
purpose.
(c) Colorado-Big Thompson Project.--
(1) Current activities.--Activities on, under, or affecting
the lands designated as wilderness by section 2 relating to the
monitoring, operation, maintenance, repair, replacement, and
use of the Colorado-Big Thompson Project and its facilities
which were allowed as of June 1, 1998, shall be allowed to
continue and shall not be affected by the designation of the
lands as wilderness.
(2) New activities.--In addition to the activities
described in paragraph (1), any other activities on, under, or
affecting the lands designated as wilderness by section 2 that
because of emergencies or catastrophic events become necessary
for the operation, maintenance, repair, replacement, and
continued use of the Colorado-Big Thompson Project and its
facilities shall be allowed, subject only to reasonable
restrictions which are established by the Secretary of the
Interior to protect the wilderness values of the lands. In
implementing this paragraph, the Secretary shall not establish
any restrictions on the activities that would prevent the
occurrence of such necessary activities or that would reduce
the water supply provided by the Colorado-Big Thompson Project
or the Windy Gap Project.
(3) Relation to authority in act establishing park.--
Nothing in the first section of the Act of January 26, 1915 (16
U.S.C. 191), shall be construed to allow development within the
lands designated as wilderness by section 2 of any reclamation
project not in existence as of the date of the enactment of
this Act.
(d) No Buffer Zones.--Congress does not intend that the designation
by this Act of the Rocky Mountain National Park Wilderness creates or
implies the creation of protective perimeters or buffer zones around
the wilderness area. The fact that nonwilderness activities or uses can
be seen or heard from within the wilderness area shall not, of itself,
preclude such activities or uses up to the boundary of the wilderness
area.
SEC. 4. BOUNDARY ADJUSTMENT OF INDIAN PEAKS WILDERNESS AND ARAPAHO
NATIONAL RECREATION AREA.
(a) Indian Peaks Wilderness.--Section 3(a) of Public Law 95-450 is
amended--
(1) by striking ``seventy thousand acres'' and inserting
``74,195 acres'' ; and
(2) by striking ``dated July 1978'' and inserting ``dated
February 2006''.
(b) Arapaho National Recreation Area.--Section 4(a) of Public Law
95-450 is amended--
(1) by striking ``thirty-six thousand two hundred thirty-
five acres'' and inserting ``35,235 acres''; and
(2) by striking ``dated July 1978'' and inserting ``dated
February 2006''.
SEC. 5. AUTHORITY TO LEASE LEIFFER PROPERTY.
(a) Authorization.--The provisions of section 802(a) of Public Law
105-391 (16 U.S.C. 1a-2k) shall apply to the tract of land described in
subsection (b) to the same extent as if such property was part of the
National Park System.
(b) Land Described.--Subsection (a) applies to the tract of land
near the eastern boundary of Rocky Mountain National Park in Larimer
County, Colorado, administered by the National Park Service and known
as the Leiffer tract. | Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act- Designates certain lands in Rocky Mountain National Park, Colorado, as wilderness and components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness.
Directs the Secretary of the Interior to establish an alignment line for a trail, which shall be known as the East Shore Trail, located within the East Shore Trail Area and, after establishing the alignment line, to identify the boundaries of such Trail. Provides for the inclusion of the East Shore Trail in the Rocky Mountain National Park Wilderness if such Trail has not been constructed and authorized for use by motorized bicycles 25 years after enactment of this Act.
Bars, until 25 years after this Act's enactment, the use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, from being allowed in the East Shore Trail Area, except for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary.
Amends the Indian Peaks Wilderness Area, Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to provide for a boundary adjustment of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area by: (1) increasing the acreage of the Indian Peaks Wilderness Area; and (2) decreasing the acreage of the Arapaho National Recreation Area. | [
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SECTION 1. SHORT TITLE; AMENDMENT TO 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Education Savings
Account and School Excellence Act of 1999''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.
(a) Tax-Free Expenditures for Elementary and Secondary School
Expenses.--
(1) In general.--Section 530(b)(2) (defining qualified
higher education expenses) is amended to read as follows:
``(2) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means--
``(i) qualified higher education expenses
(as defined in section 529(e)(3)); and
``(ii) qualified elementary and secondary
education expenses (as defined in paragraph
(4)).
Such expenses shall be reduced as provided in section
25A(g)(2).
``(B) Qualified state tuition programs.--Such term
shall include amounts paid or incurred to purchase
tuition credits or certificates, or to make
contributions to an account, under a qualified State
tuition program (as defined in section 529(b)) for the
benefit of the beneficiary of the account.''.
(2) Qualified elementary and secondary education
expenses.--Section 530(b) (relating to definitions and special
rules) is amended by adding at the end the following new
paragraph:
``(4) Qualified elementary and secondary education
expenses.--
``(A) In general.--The term `qualified elementary
and secondary education expenses' means--
``(i) expenses for tuition, fees, academic
tutoring, special needs services, books,
supplies, computer equipment (including related
software and services), and other equipment
which are incurred in connection with the
enrollment or attendance of the designated
beneficiary of the trust as an elementary or
secondary school student at a public, private,
or religious school; or
``(ii) expenses for room and board,
uniforms, transportation, and supplementary
items and services (including extended day
programs) which are required or provided by a
public, private, or religious school in connection with such enrollment
or attendance.
``(B) Special rule for homeschooling.--Such term
shall include expenses described in subparagraph (A)(i)
in connection with education provided by homeschooling
if the requirements of any applicable State or local
law are met with respect to such education.
``(C) School.--The term `school' means any school
which provides elementary education or secondary
education (kindergarten through grade 12), as
determined under State law.''.
(3) Special rules for applying exclusion to elementary and
secondary expenses.--Section 530(d)(2) (relating to
distributions for qualified higher education expenses) is
amended by adding at the end the following new subparagraph:
``(E) Special rules for elementary and secondary
expenses.--
``(i) In general.--The aggregate amount of
qualified elementary and secondary education
expenses taken into account for purposes of
this paragraph with respect to any education
individual retirement account for all taxable
years shall not exceed the sum of the aggregate
contributions to such account for taxable years
beginning after December 31, 1998, and before
January 1, 2003, and earnings on such
contributions.
``(ii) Special operating rules.--For
purposes of clause (i)--
``(I) the trustee of an education
individual retirement account shall
keep separate accounts with respect to
contributions and earnings described in
clause (i); and
``(II) if there are distributions
in excess of qualified elementary and
secondary education expenses for any
taxable year, such excess distributions
shall be allocated first to
contributions and earnings not
described in clause (i).''.
(4) Conforming amendments.--Subsections (b)(1) and (d)(2)
of section 530 are each amended by striking ``higher'' each
place it appears in the text and heading thereof.
(b) Maximum Annual Contributions.--
(1) In general.--Section 530(b)(1)(A)(iii) (defining
education individual retirement account) is amended by striking
``$500'' and inserting ``the contribution limit for such
taxable year''.
(2) Contribution limit.--Section 530(b) (relating to
definitions and special rules), as amended by subsection
(a)(2), is amended by adding at the end the following new
paragraph:
``(5) Contribution limit.--The term `contribution limit'
means $500 ($2,000 in the case of any taxable year beginning
after December 31, 1998, and ending before January 1, 2003).''.
(3) Conforming amendment.--Section 4973(e)(1)(A) is amended
by striking ``$500'' and inserting ``the contribution limit (as
defined in section 530(b)(5)) for such taxable year''.
(c) Waiver of Age Limitations for Children With Special Needs.--
Section 530(b)(1) (defining education individual retirement account) is
amended by adding at the end the following flush sentence:
``The age limitations in the preceding sentence shall not apply
to any designated beneficiary with special needs (as determined
under regulations prescribed by the Secretary).''.
(d) Corporations Permitted To Contribute to Accounts.--Section
530(c)(1) (relating to reduction in permitted contributions based on
adjusted gross income) is amended by striking ``The maximum amount
which a contributor'' and inserting ``In the case of a contributor who
is an individual, the maximum amount the contributor''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Education Savings Account and School Excellence Act of 1999 - Amends the Internal Revenue Code, with respect to education individual retirement accounts (IRAs), to: (1) permit distributions for qualified elementary and secondary education expenses, including home schooling expenses; and (2) increase (through December 31, 2002) the annual contribution limit from $500 to $2,000. Waives the beneficiary age limitation (18) for contributions on behalf of special needs beneficiaries. Permits corporations to contribute to education IRAs. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivor Benefits Improvement Act of
2013''.
SEC. 2. EXTENSION OF INITIAL PERIOD FOR INCREASED DEPENDENCY AND
INDEMNITY COMPENSATION FOR SURVIVING SPOUSES WITH
CHILDREN.
Section 1311(f)(2) of title 38, United States Code, is amended by
striking ``two-year'' and inserting ``five-year''.
SEC. 3. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION, HEALTH
CARE, AND HOUSING LOANS FOR SURVIVING SPOUSES WHO REMARRY
AFTER AGE 55.
Subparagraph (B) of section 103(d)(2) of title 38, United States
Code, is amended to read as follows:
``(B) The remarriage after age 55 of the surviving spouse of a
veteran shall not bar the furnishing of benefits specified in paragraph
(5) to such person as the surviving spouse of the veteran.''.
SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN
WITH SPINA BIFIDA.
(a) In General.--Subchapter III of chapter 18 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1822. Benefits for children of certain Thailand service veterans
born with spina bifida
``(a) Benefits Authorized.--The Secretary may provide to any child
of a veteran of covered service in Thailand who is suffering from spina
bifida the health care, vocational training and rehabilitation, and
monetary allowance required to be paid to a child of a Vietnam veteran
who is suffering from spina bifida under subchapter I of this chapter
as if such child of a veteran of covered service in Thailand were a
child of a Vietnam veteran who is suffering from spina bifida under
such subchapter.
``(b) Spina Bifida Conditions Covered.--This section applies with
respect to all forms and manifestations of spina bifida, except spina
bifida occulta.
``(c) Veteran of Covered Service in Thailand.--For purposes of this
section, a veteran of covered service in Thailand is any individual,
without regard to the characterization of that individual's service,
who--
``(1) served in the active military, naval, or air service
in Thailand, as determined by the Secretary in consultation
with the Secretary of Defense, during the period beginning on
January 9, 1962, and ending on May 7, 1975; and
``(2) is determined by the Secretary, in consultation with
the Secretary of Defense, to have been exposed to a herbicide
agent during such service in Thailand.
``(d) Herbicide Agent.--For purposes of this section, the term
`herbicide agent' means a chemical in a herbicide used in support of
United States and allied military operations in Thailand, as determined
by the Secretary in consultation with the Secretary of Defense, during
the period beginning on January 9, 1962, and ending on May 7, 1975.''.
(b) Clerical Amendments.--
(1) Subchapter heading.--The heading for subchapter III of
chapter 18 of such title is amended by inserting ``AND
THAILAND'' after ``KOREA''.
(2) Table of sections.--The table of sections at the
beginning of chapter 18 of such title is amended--
(A) by striking the item relating to subchapter III
and inserting the following new item:
``subchapter iii--children of certain korea and thailand service
veterans born with spina bifida'';
and
(B) by inserting after the item relating to section
1821 the following new item:
``1822. Benefits for children of certain Thailand service veterans born
with spina bifida.''.
SEC. 5. PILOT PROGRAM ON GRIEF COUNSELING IN RETREAT SETTINGS FOR
SURVIVING SPOUSES OF VETERANS WHO DIE WHILE SERVING ON
ACTIVE DUTY IN THE ARMED FORCES.
(a) Pilot Program Required.--
(1) In general.--Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out, through the Readjustment
Counseling Service of the Veterans Health Administration, a
pilot program to assess the feasibility and advisability of
providing grief counseling services described in subsection (b)
in group retreat settings to surviving spouses of veterans who
die while serving on active duty in the Armed Forces.
(2) Participation at election of surviving spouse.--The
participation of a surviving spouse in the pilot program under
this section shall be at the election of the surviving spouse.
(b) Covered Services.--The services provided to a surviving spouse
under the pilot program shall include the following:
(1) Information and counseling on coping with grief.
(2) Information about benefits and services available to
surviving spouses under laws administered by the Secretary.
(3) Such other information and counseling as the Secretary
considers appropriate to assist a surviving spouse under the
pilot program with adjusting to the death of a spouse.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than six locations as follows:
(1) Three locations at which surviving spouses with
dependent children are encouraged to bring their children.
(2) Three locations at which surviving spouses with
dependent children are not encouraged to bring their children.
(d) Duration.--The pilot program shall be carried out during the
two-year period beginning on the date of the commencement of the pilot
program.
(e) Reports.--
(1) In general.--Not later than 180 days after the
completion of the first year of the pilot program and not later
than 180 days after the completion of the pilot program, the
Secretary shall submit to Congress a report on the pilot
program.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the findings and conclusions of the Secretary as
a result of the pilot program, and shall include such
recommendations for the continuation or expansion of the pilot
program as the Secretary considers appropriate.
(f) Definitions.--In this section, the terms ``active duty'',
``surviving spouse'', and ``veteran'' have the meanings given such
terms in section 101 of title 38, United States Code. | Survivor Benefits Improvement Act of 2013 - Allows dependency and indemnity compensation (DIC) paid through the Department of Veterans Affairs (VA) to the surviving spouses of veterans to be increased for months occurring during the five-year (under current law, two-year) period beginning on the date of entitlement. Provides that the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of VA DIC, health care, educational assistance, and housing loans. Authorizes the Secretary of Veterans Affairs to provide, to any spina bifida-affected child of a veteran who served on active duty in Thailand beginning on January 9, 1962, and ending on May 7, 1975, and was exposed to a herbicide agent during such service, the same health care, vocational training and rehabilitation, and monetary allowance required to be paid to a similarly-affected child of a Vietnam veteran. Directs the Secretary to carry out a two-year pilot program to assess the feasibility and advisability of providing grief counseling services for the surviving spouses of veterans who die while serving on active duty. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Labeling Promotion
Act of 2012''.
SEC. 2. ACCESSIBILITY OF INFORMATION IN PRESCRIPTION DRUG LABELING BY
VISUALLY-IMPAIRED AND BLIND CONSUMERS.
(a) Establishment of Working Group.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
establish a working group (in this section referred to as the
``working group'') to develop and promulgate guidance
constituting best practices on access to prescription drug
labeling for the visually impaired.
(2) Members.--The working group shall include
representatives of national organizations representing blind
and visually impaired individuals, national organizations
representing the elderly, and industry groups representing
stakeholders, including pharmacists, who would be impacted by
such best practices. Representation within the working group
shall be divided equally between consumer and industry
advocates.
(3) Guidance on best practices.--The working group shall
promulgate, not later than 1 year after the date of the
enactment of this Act, guidance on best practices for
pharmacies to ensure that blind and visually impaired
individuals have safe, consistent, reliable, and independent
access to the information in the labeling of prescription
drugs. Such guidance shall be made available through
publication in the Federal Register and posting on the Web site
of the Food and Drug Administration.
(4) Considerations.--In developing and promulgating such
guidance on best practices, the working group shall consider--
(A) the use of--
(i) Braille;
(ii) auditory means, such as--
(I) ``talking bottles'' that
provide audible label information;
(II) digital voice recorders
attached to the prescription drug
container; and
(III) radio frequency
identification (RFID) tags; and
(iii) enhanced visual means, such as--
(I) large font labels or large font
``duplicate'' labels that are affixed
or matched to a prescription drug
container;
(II) high-contrast printing; and
(III) sans-serf font;
(B) whether there are technical, financial,
manpower, or other factors unique to pharmacies with 20
or fewer retail locations which may fundamentally
impact the ability of such pharmacies to implement the
best practices; and
(C) such other factors as the working group
determines to be appropriate.
(5) Information campaign.--Upon the promulgation of the
guidance on best practices, the Commissioner of Food and Drugs,
in consultation with the working group, shall conduct an
informational and educational program designed to inform the
public and pharmacists about such guidance and practices.
(6) FACA waiver.--The Federal Advisory Committee Act shall
not apply to the working group.
(b) GAO Study.--
(1) In general.--Beginning 18 months after the publication
of the guidance on best practices under subsection (a), the
Comptroller General of the United States shall conduct a review
of such guidance, the extent to which pharmacies are complying
with such best practices, and the extent to which barriers to
accessible prescription drug labeling for blind and visually-
impaired individuals continue.
(2) Report.--Not later than September 30, 2016, the
Comptroller General shall submit to Congress a report on the
review conducted under paragraph (1). Such report shall include
recommendations for how best to reduce the barriers blind and
visually-impaired individuals have to access prescription drug
labeling.
(c) Definitions.--In this section:
(1) The term ``pharmacy'' includes a pharmacy that receives
prescriptions, and dispenses prescription drugs, through an
Internet Web site.
(2) The term ``prescription drug'' means a drug subject to
section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353(b)(1)). | Prescription Drug Labeling Promotion Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a working group to develop best practices on access to prescription drug labeling for the visually impaired.
Requires the working group to: (1) include equal representation of consumer and industry advocates; (2) promulgate guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs; (3) consider the use of Braille, specified auditory means, and enhanced visual means to provide such access; and (4) consider whether there are technical, financial, manpower, or other factors that may fundamentally impact the ability of pharmacies with 20 or fewer retail locations to implement the best practices.
Directs the Commissioner of Food and Drugs (FDA) to conduct an informational and educational program to inform the public and pharmacists about such guidance and practices.
Directs the Comptroller General: (1) 18 months after such guidance and practices are published, to review pharmacy compliance and the extent to which access barriers continue; and (2) by September 30, 2016, to report on such review, including recommendations for reducing such barriers. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Iran From Smuggling Weapons to
Terrorists Act''.
SEC. 2. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO INCREASE
MARITIME SECURITY AND DOMAIN AWARENESS OF FOREIGN
COUNTRIES BORDERING THE PERSIAN GULF, ARABIAN SEA, OR
MEDITERRANEAN SEA.
(a) Purpose.--The purpose of this section is to authorize
assistance and training to increase maritime security and domain
awareness of foreign countries bordering the Persian Gulf, the Arabian
Sea, or the Mediterranean Sea in order to deter and counter illicit
smuggling and related maritime activity by Iran, including illicit
Iranian weapons shipments.
(b) Authority.--
(1) In general.--To carry out the purpose of this section
as described in subsection (a), the Secretary of Defense, with
the concurrence of the Secretary of State, is authorized--
(A) to provide training to the national military or
other security forces of Israel, Bahrain, Saudi Arabia,
the United Arab Emirates, Oman, Kuwait, and Qatar that
have among their functional responsibilities maritime
security missions; and
(B) to provide training to ministry, agency, and
headquarters level organizations for such forces.
(2) Designation.--The provision of assistance and training
under this section may be referred to as the ``Counter Iran
Maritime Initiative''.
(c) Types of Training.--
(1) Authorized elements of training.--Training provided
under subsection (b)(1)(A) may include the provision of de
minimis equipment, supplies, and small-scale military
construction.
(2) Required elements of training.--Training provided under
subsection (b) shall include elements that promote the
following:
(A) Observance of and respect for human rights and
fundamental freedoms.
(B) Respect for legitimate civilian authority
within the country to which the assistance is provided.
(d) Availability of Funds.--Of the amount authorized to be
appropriated for fiscal year 2018 and available for operation and
maintenance for Defense-wide activities, $50,000,000 shall be available
only for the provision of assistance and training under subsection (b).
(e) Cost Sharing.--
(1) Sense of congress.--It is the sense of Congress that,
given income parity among recipient countries, the Secretary of
Defense, with the concurrence of the Secretary of State, should
seek, through appropriate bilateral and multilateral
arrangements, payments sufficient in amount to offset any
training costs associated with implementation of subsection
(b).
(2) Cost-sharing agreement.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall negotiate a
cost-sharing agreement with a recipient country regarding the
cost of any training provided pursuant to subsection (b). The
agreement shall set forth the terms of cost sharing that the
Secretary of Defense determines are necessary and appropriate,
but such terms shall not be less than 50 percent of the overall
cost of the training.
(3) Credit to appropriations.--The portion of such cost
sharing received by the Secretary of Defense pursuant to this
subsection may be credited towards appropriations available for
operation and maintenance for Defense-wide activities.
(f) Notice to Congress on Training.--Not later than 15 days before
exercising the authority under subsection (b) with respect to a
recipient country, the Secretary of Defense shall submit to the
appropriate congressional committees a notification containing the
following:
(1) An identification of the recipient country.
(2) A detailed justification of the program for the
provision of the training concerned, and its relationship to
United States security interests.
(3) The budget for the program, including a timetable of
planned expenditures of funds to implement the program, an
implementation timeline for the program with milestones
(including anticipated delivery schedules for any assistance
and training under the program), the military department or
component responsible for management of the program, and the
anticipated completion date for the program.
(4) A description of the arrangements, if any, to support
recipient country sustainment of any capability developed
pursuant to the program, and the source of funds to support
sustainment efforts and performance outcomes to be achieved
under the program beyond its completion date, if applicable.
(5) A description of the program objectives and an
assessment framework to be used to develop capability and
performance metrics associated with operational outcomes for
the recipient force.
(6) Such other matters as the Secretary considers
appropriate.
(g) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(h) Termination.--Assistance and training may not be provided under
this section after September 30, 2021. | Stop Iran From Smuggling Weapons to Terrorists Act This bill authorizes the Department of Defense (DOD) to provide training to: (1) the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions; and (2) ministry, agency, and headquarters level organizations for such forces. Such assistance and training may be referred to as the Counter Iran Maritime Initiative. Such training: (1) may include the provision of de minimis equipment, supplies, and small-scale military construction; and (2) shall include the promotion of human rights and respect for legitimate civilian authority. It is the sense of Congress that DOD should seek payments from such countries to offset training costs. DOD shall negotiate a training cost-sharing agreement with a recipient country that covers at least 50% of related costs. | [
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SECTION 1. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF THE
STATE OF OREGON.
Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C.
711e) is amended by adding at the end the following:
``(f) Treatment of Certain Property.--
``(1) In general.--The Secretary may accept title to any
additional number of acres of real property located within the
boundaries of the original 1855 Siletz Coast Reservation
established by Executive Order dated November 9, 1855,
comprised of land within the political boundaries of Benton,
Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the
State of Oregon, if that real property is conveyed or otherwise
transferred to the United States by or on behalf of the tribe.
``(2) Treatment as part of reservation.--Subject to
paragraph (3), all real property that is taken into trust under
paragraph (1) shall--
``(A) be considered and evaluated as an on-
reservation acquisition under part 151.10 of title 25,
Code of Federal Regulations (or successor regulations);
and
``(B) become part of the reservation of the tribe.
``(3) Approval of county governments.--
``(A) Definition of county.--In this paragraph, the
term `County' means the following counties in the State
of Oregon:
``(i) Benton County.
``(ii) Douglas County.
``(iii) Lane County.
``(iv) Lincoln County.
``(v) Tillamook County.
``(vi) Yamhill County.
``(B) Notification to secretary.--
``(i) Opt-in.--
``(I) In general.--Subject to
clause (iii), any real property taken
into trust under this subsection shall
be considered and evaluated as an on-
reservation acquisition under part
151.10 of title 25, Code of Federal
Regulations (or successor regulations),
if the Board of County Commissioners or
other appropriate County executive of
the County in which the real property
is located submits to the Secretary
written approval of that consideration
and evaluation in the form of a
resolution or other appropriate
governing document.
``(II) Action by secretary.--If a
Board of County Commissioners or other
appropriate County executive submits
written approval to the Secretary under
subclause (I), the Secretary shall
consider and evaluate in accordance
with subclause (I) any real property
taken into trust in that County under
this subsection by not later than 30
days after the date on which the
Secretary receives the written
approval.
``(ii) Other acquisitions.--If a Board of
County Commissioners or other appropriate
County executive does not submit written
approval to the Secretary under subclause (I),
any real property taken into trust in that
County under this subsection shall be
considered and evaluated under the appropriate
provisions of part 151 of title 25, Code of
Federal Regulations (or successor regulations),
as determined by the Secretary.
``(iii) Opt-out.--
``(I) In general.--A Board of
County Commissioners or other
appropriate County executive that
submits written approval to the
Secretary under clause (i)(I) may
revoke that approval by submitting to
the Secretary written documentation of
the revocation in the form of a
resolution or other appropriate
governing document for--
``(aa) any real property
taken into trust in that County
under this subsection; or
``(bb) a specific
transaction in which real
property is taken into trust in
that County under this
subsection.
``(II) No retroactivity.--Any
revocation submitted under subclause
(I) shall apply only to real property
that is taken into trust on or after
the date on which the Secretary
receives the revocation.
``(III) Action by secretary.--
``(aa) In general.--If a
Board of County Commissioners
or other appropriate County
executive submits a revocation
to the Secretary under
subclause (I)(aa), the
Secretary shall consider and
evaluate any real property
taken into trust in that County
under the appropriate
provisions of part 151 of title
25, Code of Federal Regulations
(or successor regulations), as
determined by the Secretary, by
not later than 30 days after
the date on which the Secretary
receives the revocation.
``(bb) Specific
transactions.--If a Board of
County Commissioners or other
appropriate County executive
submits a revocation to the
Secretary under subclause
(I)(bb), the Secretary shall
consider and evaluate that
specific transaction in which
real property is taken into
trust in that County under this
subsection under the
appropriate provisions of part
151 of title 25, Code of
Federal Regulations (or
successor regulations), as
determined by the Secretary,
beginning on the date on which
the Secretary receives the
revocation.
``(4) Prohibition on gaming.--Any real property taken into
trust under paragraph (1) shall not be eligible, or used, for
any gaming activity carried out under the Indian Gaming
Regulatory Act (25 U.S.C.A. 2701 et seq.).''. | Amends the Siletz Tribe Indian Restoration Act to authorize the Secretary of the Interior to take into trust for the Siletz Tribe additional lands that lie within the original 1855 Siletz Coast Reservation and are located in Benton, Douglas, Lane, Lincoln, Tillamook, or Yamhill County in Oregon.
Requires such land to be considered and evaluated as an on-reservation acquisition and become part of the Tribe's reservation if the county in which the land is located submits a written approval of such evaluation and consideration to the Secretary. (Off-reservation land acquisition requests require the Secretary to give greater scrutiny to the tribe's justification of the anticipated benefits from the acquisition.)
Prohibits gaming on lands taken into trust pursuant to this Act. | [
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] |
TITLE I--EXCLUSION OF NONNATIVE SPECIES FROM MIGRATORY BIRD TREATY ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Migratory Bird Treaty Reform Act
of 2004''.
SEC. 102. EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF CERTAIN
PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.
Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is
amended--
(1) in the first sentence by striking ``That unless and
except as permitted'' and inserting the following: ``(a) In
General.--Unless and except as permitted''; and
(2) by adding at the end the following:
``(b) Limitation on Application to Introduced Species.--
``(1) In general.--This section applies only to migratory
bird species that are native to the United States and whose
occurrence in the United States is entirely the result of
natural biological or ecological conditions.
``(2) Treatment of introduced species.--For purposes of
paragraph (1)--
``(A) a bird species shall not be treated as native
to the United States if it occurs in the United States
solely as a result of intentional or unintentional
human-assisted introduction; and
``(B) a migratory bird species shall be treated as
native to the United States if--
``(i) it was native to the United States
and extant in 1918;
``(ii) it was extirpated after 1918
throughout its range in the United States; and
``(iii) after such extirpation, it was
reintroduced in the United States as a part of
a program carried out by a Federal agency.''.
SEC. 103. PUBLICATION OF LIST.
The Secretary of the Interior shall publish in the Federal Register
within 3 months after the date of enactment of this Act a list of all
non-native, human introduced bird species to which the Migratory Bird
Treaty Act does not apply that belong to biological families of
migratory birds covered under any of the migratory bird conventions
with Great Britain (for Canada), Mexico, Russia, or Japan. The
Secretary shall provide adequate time for public comment. Nothing in
this section concerning the publication of the list shall delay
implementation of other provisions of this Act that exclude non-native,
human introduced bird species from the application of the Migratory
Bird Treaty Act.
TITLE II--CONSERVATION OF NEOTROPICAL MIGRATORY BIRDS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Neotropical Migratory Bird
Conservation Improvement Act of 2004''.
SEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.
(a) Findings.--Section 2(1) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but
breed in Canada and the United States'' after ``the Caribbean''.
(b) Purposes.--Section 3(2) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6102(2)) is amended by inserting
``Canada,'' after ``United States,''.
(c) Definition of Caribbean.--Section 4 of the Neotropical
Migratory Bird Conservation Act is amended by redesignating paragraphs
(2) and (3) in order or paragraphs (3) and (4), and by inserting
paragraph (1) the following:
``(2) Caribbean.--The term `Caribbean' includes Puerto Rico
and the United States Virgin Islands.''.
(d) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6104(e)) is amended--
(1) in paragraph (1) by striking ``25 percent'' and
inserting ``50 percent''; and
(2) in paragraph (2) by amending subparagraph (B) to read
as follows:
``(B) Form of payment.--
``(i) Projects in the united states and
canada.--The non-Federal share required to be
paid for a project carried out in the United
States or Canada shall be paid in cash.
``(ii) Projects in latin america and the
caribbean.--The non-Federal share required to
be paid for a project carried out in Latin
America or the Caribbean may be paid in cash or
in kind.''.
(e) Report.--Section 8 of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6107) is amended--
(1) by striking ``October 1, 2002,'' and inserting ``12
months after the date of the enactment of the Neotropical
Migratory Bird Conservation Improvement Act of 2004,''; and
(2) by inserting before the period the following: ``, and a
description of the activities of the advisory committee
convened under section 7(b)''.
(f) Neotropical Migratory Bird Conservation Fund.--
(1) In general.-- Section 9 of the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6108) is amended by striking
so much as precedes subsection (c) and inserting the following:
``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury a
separate account, which shall be known as the `Neotropical Migratory
Bird Conservation Fund'. The Fund shall consist of amounts deposited
into the Fund by the Secretary of the Treasury under subsection (b).
``(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
``(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
``(2) other amounts appropriated to the Fund.''.
(2) Administrative expenses.--Section 9(c)(2) of the
Neotropical Migratory Bird Conservation Act (16 U.S.C.
6108(c)(2)) is amended by striking ``$80,000'' and inserting
``$150,000''.
(3) Conforming amendments.--The Neotropical Migratory Bird
Conservation Act is amended as follows:
(A) In section 4 (16 U.S.C. 6103), by striking
paragraph (1) and inserting the following:
``(1) Fund.--The term `Fund' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).''.
(B) In section 9(d) (16 U.S.C. 6108(d)), by
striking ``Account'' and inserting ``Fund''.
(4) Transfer.--The Secretary of the Treasury may transfer
to the Neotropical Migratory Bird Conservation Fund amounts
that were in the Neotropical Migratory Bird Conservation
Account immediately before the enactment of this Act.
(g) Authorization of Appropriations.--Section 10 of the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as
follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Fund to carry out this Act the following amounts:
``(1) $5,000,000 for fiscal year 2005.
``(2) $5,000,000 for fiscal year 2006.
``(3) $10,000,000 for fiscal year 2007.
``(4) $15,000,000 for fiscal year 2008.
``(b) Availability.--Amounts appropriated under this section may
remain available until expended.
``(c) Allocation.--Of amounts appropriated under this section for
each fiscal year, not less than 75 percent shall be expended for
projects carried out outside the United States.
``(d) Limitation on Expenditures for Projects in Canada.--Amounts
appropriated under this section for a fiscal year may not be used for
any project in Canada unless the amount available to carry out this Act
for that fiscal year is greater than $10,000,000.''. | Title I: Exclusion of Nonnative Species from Migratory Bird Treaty Act - Migratory Bird Treaty Reform Act of 2004 - (Sec. 102) Amends the Migratory Bird Treaty Act (MBTA) to clarify that the MBTA's prohibition on taking, killing, or possessing migratory birds applies only to native migratory bird species whose occurrence in the United States results from natural biological or ecological conditions.
Excludes from coverage under the MBTA bird species occurring as the result of human assisted introduction unless the species: (1) was native to the United States and extant in 1918; (2) became extinct throughout its range thereafter; and (3) was reintroduced as part of a Federal program.
(Sec. 103) Requires the Secretary of the Interior (the Secretary) to publish a list of all non-native, human introduced bird species to which the MBTA does not apply that belong to biological families of migratory birds covered under any migratory bird conventions with Great Britain (for Canada), Mexico, Russia, or Japan.
Title II: Conservation of Neotropical Migratory Birds - Neotropical Migratory Bird Conservation Improvement Act of 2004 - (Sec. 202) Amends the Neotropical Migratory Bird Conservation Act (NMBCA) to increase the Federal share of costs for projects funded under that Act. Prescribes the form of payment for such projects undertaken in the United States and Canada versus Latin America and the Caribbean.
Establishes the Neotropical Migratory Bird Conservation Fund.
Increases the amount of funds that the Secretary may expend to administer the NMBCA.
Authorizes the Secretary of the Treasury to transfer to the Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act.
Authorizes appropriations. Requires not less than 75 percent of such appropriations to be used for projects outside the United States. Prohibits expenditures for projects in Canada during a fiscal year unless the amount available to carry out NMBCA exceeds $10 million for that year. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Literacy and Education
Coordinating Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there is substantial evidence that many Americans do
not have an adequate basis for making sound decisions about
personal and household finances;
(2) financial education could play a critical role in
equipping consumers with the knowledge to make wise decisions,
especially for lower income consumers and those underserved by
the mainstream financial system;
(3) an increased awareness of the availability of credit
scores and credit reports, the process of accessing them, their
significance in obtaining credit, and their effects on credit
terms, are of paramount importance to consumers;
(4) easily accessible and affordable resources which inform
and educate investors as to their rights and avenues of
recourse should be provided when an investor believes his or
her rights have been violated by unprofessional conduct of
market intermediaries;
(5) a basic understanding of the operation of the financial
services industry would help consumers and their families to
make more informed choices about how best to progress
economically, avoid harmful personal debt, avoid discriminatory
and predatory practices, invest wisely, develop financial
planning skills necessary for maximizing short- and long-term
financial well being, and better prepare for retirement;
(6) comprehensive financial education would help to provide
individuals with the necessary tools to create household
budgets, initiate savings plans, manage debt, and make
strategic investment decisions for education, retirement, home
ownership, or other savings goals; and
(7) improved financial decision making, not simply more
knowledge, should be the primary financial education goal.
SEC. 3. FINANCIAL LITERACY AND EDUCATION COORDINATING COMMITTEE.
(a) Establishment.--The Secretary of the Treasury shall establish
within the Office of Financial Education of the Department of the
Treasury, the Financial Literacy and Education Coordinating Committee
(in this Act referred to as the ``Committee'').
(b) Purposes.--The purposes of the Committee shall be--
(1) to coordinate financial literacy and education efforts
among Federal departments and agencies;
(2) to develop and implement a national strategy to promote
basic financial literacy and education among all Americans;
(3) to reduce overlap and duplication in Federal financial
literacy and education activities;
(4) to identify the most effective types of public sector
financial literacy programs and techniques, as measured by
improved consumer decision making;
(5) to coordinate and promote financial literacy efforts at
the State and local level, including partnerships among
Federal, State, and local governments, nonprofit organizations,
and private enterprises; and
(6) to carry out such other duties as are deemed to be
appropriate, consistent with this Act.
SEC. 4. COMMITTEE DUTIES.
(a) In General.--The Committee shall--
(1) not later than 1 year after the date of enactment of
this Act, develop a national strategy to promote basic
financial literacy among all American consumers;
(2) coordinate Federal efforts to implement the strategy
developed under paragraph (1);
(3) not later than 1 year after the date of enactment of
this Act, and annually thereafter, submit a report to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
regarding actions taken and progress made by the Committee in carrying
out this Act during the reporting period, and any challenges remaining
to implementation of such purposes; and
(4) provide testimony by the chairperson of the Committee
to either Committee referred to in paragraph (3), upon request.
(b) Strategy.--The strategy to promote basic financial literacy
required to be developed under subsection (a)(1) shall provide for--
(1) participation by State and local governments and
private, nonprofit, and public institutions in the creation and
implementation of such strategy;
(2) the development of methods--
(A) to increase the general financial education
level of current and future consumers of financial
services and products; and
(B) to enhance the general understanding of
financial services and products;
(3) review of Federal activities designed to promote
financial literacy and education and development of a plan to
improve coordination of such activities;
(4) the identification of areas of overlap and duplication
among Federal financial literacy and education activities and
proposed means of eliminating any such overlap and duplication;
and
(5) a proposal to the President of a Federal financial
literacy and education budget that supports such strategy and
eliminates funding for such areas of overlap and duplication.
SEC. 5. COMMITTEE MEMBERSHIP.
(a) Composition.--The Committee shall be comprised of--
(1) the Secretary of the Treasury, who shall serve as the
chairperson of the Committee; and
(2) a representative from--
(A) each Federal banking agency (as defined in
section 3 of the Federal Deposit Insurance Act), the
National Credit Union Administration, the Securities
and Exchange Commission, each of the Departments of
Education, Agriculture, Defense, Health and Human
Services, Labor, and Veterans Affairs, the Social
Security Administration, the Federal Trade Commission,
the Commodity Futures Trading Commission, and the
Office of Personnel Management; and
(B) a representative from any other department or
agency that the Secretary determines to be engaged in a
serious effort to improve financial literacy and
education.
(b) Assistance.--The Director of the Office of Financial Education
of the Department of the Treasury shall provide to the Committee, upon
request, such assistance as may be necessary.
(c) Member Qualifications.--Members of the Committee shall be
appointed by the heads of their respective departments or agencies.
Each member and each alternate designated by any member unable to
attend a meeting of the Committee, shall be an individual who exercises
significant decisionmaking authority.
(d) Meetings.--Meetings of the Committee shall occur not less
frequently than quarterly, and at the call of the chairperson.
(e) Consultation.--The Committee shall consult with private and
nonprofit organizations and State and local agencies, as determined
appropriate by the chairperson and the Committee. | Financial Literacy and Education Coordinating Act of 2003 - Directs the Secretary of the Treasury to establish within the Office of Financial Education of the Department of the Treasury, the Financial Literacy and Education Coordinating Committee to: (1) coordinate Federal financial literacy and education efforts; (2) develop and implement a national strategy to promote basic financial literacy and education among all Americans; (3) reduce overlap and duplication in Federal financial literacy and education activities; (4) identify the most effective types of public sector financial literacy programs and techniques, as measured by improved consumer decision making; and (5) coordinate and promote financial literacy efforts at the State and local level, including partnerships among Federal, State, and local governments, nonprofit organizations, and private enterprises. | [
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