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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Federal
Statistical System Act of 1996''.
SEC. 2. FINDINGS.
The Congress, recognizing the importance of statistical information
in the development and administration of policies for the private and
public sector, finds that--
(1) accurate Federal statistics are required to develop,
implement, and evaluate government policies and laws;
(2) Federal spending consistent with legislative intent
requires accurate and appropriate statistical information;
(3) business and individual economic decisions are
influenced by Federal statistics and contracts are often based
on such statistics;
(4) statistical information on the manufacturing and
agricultural sectors is more complete than statistical
information regarding the service sector which employs more
than half the Nation's workforce;
(5) experts in the private and public sector have long-
standing concerns about the accuracy and adequacy of numerous
Federal statistics, including the Consumer Price Index, gross
domestic product, trade data, wage data, and the poverty rate;
(6) Federal statistical data should be accurate,
consistent, and continuous;
(7) the Federal statistical infrastructure should be
modernized to accommodate the increasingly complex and ever
changing American economy;
(8) Federal statistical agencies should utilize all
practical technologies to disseminate statistics to the public;
and
(9) the Federal statistical infrastructure should maintain
the privacy of individuals.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Commission to Study the Federal Statistical System (hereafter in
this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 13
members of whom--
(A) 5 shall be appointed by the President;
(B) 4 shall be appointed by the President pro
tempore of the Senate, in consultation with the
majority leader and minority leader of the Senate; and
(C) 4 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
majority leader and minority leader of the House of
Representatives.
(2) Political party limitation.--(A) Of the 5 members of
the Commission appointed under paragraph (1)(A), no more than 3
members may be members of the same political party.
(B) Of the 4 members of the Commission appointed under
subparagraphs (B) and (C) of paragraph (1), respectively, no
more than 2 members may be members of the same political party.
(3) Consultation before appointments.--In making
appointments under paragraph (1), the President, the President
pro tempore of the Senate, and the Speaker of the House of
Representatives shall consult with the National Science
Foundation and appropriate professional organizations, such as
the American Economic Association and the American Statistical
Association.
(4) Qualifications.--An individual appointed to serve on
the Commission--
(A) shall have expertise in statistical policy and
a background in such disciplines as actuarial science,
demography, economics, and finance;
(B) may not be a Federal officer or employee; and
(C) should be an academician, a statistics user in
the private sector, or a former government official
with experience related to--
(i) the Bureau of Labor Statistics of the
Department of Labor; or
(ii) the Bureau of Economic Analysis or the
Bureau of the Census of the Department of
Commerce.
(5) Date.--The appointments of the members of the
Commission shall be made no later than 150 days after the date
of the enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairman.--The President shall designate a Chairman of the
Commission from among the members.
SEC. 4. FUNCTIONS OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a
comprehensive study of all matters relating to the Federal
statistical infrastructure, including longitudinal surveys
conducted by private agencies and partially funded by the
Federal Government.
(2) Study and recommendations.--The matters studied by and
recommendations of the Commission shall include--
(A) an examination of multipurpose statistical
agencies that collect and analyze data of broad
interest across department and function areas, such as
the Bureau of Economic Analysis and the Bureau of the
Census of the Commerce Department, and the Bureau of
Labor Statistics of the Labor Department;
(B) a review and evaluation of the collection of
data for purposes of administering such programs as
Old-Age, Survivors and Disability Insurance and
Unemployment Insurance under the Social Security Act;
(C) a review and evaluation of the mission and
organization of various statistical agencies,
including--
(i) recommendations with respect to
statistical activities that should be expanded
or deleted;
(ii) the order of priority such activities
should be carried out;
(iii) a review of the advantages and
disadvantages of a centralized statistical
agency or a partial consolidation of the
agencies for the Federal Government; and
(iv) an assessment of which agencies could
be consolidated into such an agency;
(D) an examination of the methodology involved in
producing official data and recommendations for
technical changes to improve statistics;
(E) an evaluation of the accuracy and
appropriateness of key statistical indicators and
recommendations of ways to improve such accuracy and
appropriateness;
(F) a review of interagency coordination of
statistical data and recommendations of methods to
standardize collection procedures and surveys, as
appropriate, and presentation of data throughout the
Federal system;
(G) a review of information technology and
recommendations of appropriate methods for
disseminating statistical data, with special emphasis
on resources, such as the Internet, that allow the
public to obtain information in a timely and cost-
effective manner;
(H) an examination of individual privacy in the
context of statistical data;
(I) a comparison of the United States statistical
system to statistical systems of other nations;
(J) a consideration of the coordination of
statistical data with other nations and international
agencies, such as the Organization for Economic
Cooperation and Development; and
(K) a recommendation of a strategy for maintaining
a modern and efficient Federal statistical
infrastructure as the needs of the United States
change.
(b) Report.--
(1) Interim report.--No later than June 1, 1998, the
Commission shall submit an interim report on the study
conducted under subsection (a) to the President and to the
Congress.
(2) Final report.--No later than January 15, 1999, the
Commission shall submit a final report to the President and the
Congress which shall contain a detailed statement of the
findings and conclusions of the Commission, and recommendations
for such legislation and administrative actions as the
Commission considers appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out the
purposes of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) In general.--Subject to paragraph (2), each member of
the Commission shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the
duties of the Commission.
(2) Chairman.--The Chairman shall be compensated at a rate
equal to the daily equivalent of the annual rate of basic pay
prescribed for level III of the Executive Schedule under
section 5315 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in
the performance of the duties of the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission. Such travel may include travel outside the United States.
(c) Staff.--
(1) In general.--Subject to paragraph (2), the Commission
shall, without regard to the provisions of title 5, United
States Code, relating to the competitive service, appoint an
executive director who shall be paid at a rate equivalent to a
rate established for the Senior Executive Service under section
5382 of title 5, United States Code. The Commission shall
appoint such additional personnel as the Commission determines
to be necessary to provide support for the Commission, and may
compensate such additional personnel without regard to the
provisions of title 5, United States Code, relating to the
competitive service.
(2) Limitation.--The total number of employees of the
Commission (including the executive director) may not exceed
30.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the final report of the Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,500,000 for fiscal year
1997, $5,000,000 for fiscal year 1998, and $2,500,000 for fiscal year
1999 to the Commission to carry out the purposes of this Act. | Commission to Study the Federal Statistical System Act of 1996 - Establishes the Commission to Study the Federal Statistical System. Directs the Commission to study all matters relating to Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government.
Authorizes appropriations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``8/29 Investigation Team Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Hurricanes Katrina and Rita, which struck the Gulf
Coast in 2005, caused almost $200,000,000,000 in total economic
losses, including insured and uninsured losses;
(2) while multiple reviews have been conducted to assess
the failure of each flood detection system and related
infrastructure since August 2005, Congress has yet to be
informed of definitive recommendations or specific proposals
for action;
(3) to the extent the possibility of another significant
flood protection system failure with the resulting devastation
and damage exists, a proper technical and investigative review
is needed; and
(4) the most efficient and effective approach to assessing
the failure of the flood protection system and subsequent
devastation is--
(A) to establish a bipartisan investigation team of
experts to study--
(i) the management, construction, and
funding of levee, flood control, coastal
reconstruction, and hurricane protection
projects; and
(ii) the means by which the Federal
Government responds to catastrophic disasters
and by which the Federal Government prepares
and develops contingency plans and disaster
preparations; and
(B) to require the Investigation Team to timely
report the recommendations of the Investigation Team to
Congress so that Congress can quickly identify any
outstanding issues and determine a solution to protect
residents of the Gulf Coast in particular and the
United States in general.
SEC. 3. ESTABLISHMENT OF 8/29 INVESTIGATION TEAM.
There is established a bipartisan investigation team, to be known
as the ``8/29 Investigation Team'' (referred to in this Act as the
``Investigation Team''), to examine--
(1) the events beginning on August 29, 2005; and
(2) each flood control and restoration project that has
been carried out--
(A) since August 29, 2005; and
(B) in the Gulf Coast.
SEC. 4. MEMBERSHIP.
(a) Composition.--The Investigation Team shall be composed of 12
members, appointed as follows:
(1) 2 members appointed by the President;
(2) 2 members appointed by the cochairpersons, in
consultation with the ranking member, of the Committee on
Environment and Public Works of the Senate;
(3) 2 members appointed by the cochairpersons, in
consultation with the ranking member, of the Committee on
Homeland Security and Governmental Affairs of the Senate;
(4) 2 members appointed by the cochairpersons, in
consultation with the ranking member, of the Committee on
Transportation and Infrastructure of the House of
Representatives;
(5) 2 members appointed by the cochairpersons, in
consultation with the ranking member, of the Committee on
Homeland Security of the House of Representatives; and
(6) 2 members appointed by the Governor of the State of
Louisiana, subject to confirmation by the Committee on
Environment and Public Works of the Senate.
(b) Cochairpersons.--
(1) Election of cochairpersons.--The Investigation Team
shall, by a majority of the members of the Investigation Team,
elect 2 cochairpersons from the members of the Investigation
Team.
(2) Political affiliation.--Each cochairperson elected by
the members of the Investigation Team under paragraph (1) shall
be affiliated with a different political party.
(c) Prohibition.--No elected official of the Federal Government
shall serve as a member of the Investigation Team.
(d) Sense of Congress Regarding Qualifications.--It is the sense of
Congress that individuals appointed to the Investigation Team should
be--
(1) prominent United States citizens; and
(2) individuals who are nationally recognized for a
significant depth of experience in professions such as--
(A) governmental service;
(B) engineering;
(C) public works;
(D) wetlands restoration;
(E) public administration;
(F) disaster planning and recovery; and
(G) environmental planning.
(e) Meetings; Quorum; Vacancies.--
(1) Initial meeting.--
(A) In general.--If, on the date that is 60 days
after the date of enactment of this Act, not more than
6 members of the Investigation Team have been appointed
under subsection (a), the members shall meet and, if
necessary, select temporary cochairpersons, who may
begin the operations of the Investigation Team,
including the hiring of staff.
(B) Review of actions.--Each action carried out by
the Investigation Team under subparagraph (A) shall be
reviewed by the Investigation Team as soon as
practicable after the date on which the Investigation
Team is comprised of not less than 7 members.
(2) Subsequent meetings.--After the initial meeting, the
Investigation Team shall meet at the call of each cochairperson
or a majority of the members of the Investigation Team.
(3) Quorum.--7 members of the Investigation Team shall
constitute a quorum.
(4) Vacancies.--A vacancy on the Investigation Team--
(A) shall not affect the powers of the
Investigation Team; and
(B) shall be filled in the same manner as the
original appointment was made.
SEC. 5. DUTIES OF INVESTIGATION TEAM.
The Investigation Team shall--
(1) review findings and recommendations contained in all
public and private studies conducted in the aftermath of the
levee failures in the State of Louisiana on or after August 29,
2005, including--
(A) the study entitled ``The Federal Response to
Hurricane Katrina'' and dated February 2006;
(B) the study entitled ``Performance Review of
FEMA's Disaster Management Activities in Response to
Hurricane Katrina'', numbered OIG-06-32, and dated
March 2006;
(C) the study entitled ``A Failure of Initiative:
Final Report of the Select Bipartisan Committee to
Investigate the Preparation for and Response to
Hurricane Katrina'' (Report No. 109-377) and dated
February 15, 2006;
(D) the study entitled ``Hurricane Katrina: A
Nation Still Unprepared'' (S. Rept. 109-322);
(E) the study entitled ``Interagency Performance
Evaluation Task Force Report'' and dated June 1, 2006;
(F) the study entitled ``Prioritizing America's
Water Resources'', published by the National
Associations of Public Administrators, and dated
February 2007;
(G) the study entitled ``The failure of the New
Orleans Levee System during Hurricane Katrina'',
published by Team Louisiana, and dated February 2007;
and
(H) the study entitled ``Investigation of the
Performance of the New Orleans Flood Protection Systems
In Hurricane Katrina on August 29, 2005'', published by
the Independent Levee Investigation Team, and dated
July 31, 2006;
(2) examine and review the ongoing exposure of the United
States to the flood control system failures described in
paragraph (1) and other potential future flood control system
failures; and
(3) submit to the President and Congress a report that
contains recommendations for any necessary legislative or
regulatory change that will--
(A) improve the functioning of the Corps of
Engineers to prevent a catastrophic flood control
system failure;
(B) ensure proper planning and review of the
policies and procedures of Federal and State agencies
to prevent such a failure in the future;
(C) provide for environmental management and
recovery during and after a disaster;
(D) provide for the identification of each party at
the Federal, State, and local levels that was
responsible for each decision that helped cause the
events of August 29, 2005; and
(E) outline each proposal that is necessary to
revise the management, planning, funding, and oversight
of levee, coastal restoration, and flood control
projects that are located in the disaster affected
areas.
SEC. 6. POWERS OF INVESTIGATION TEAM.
(a) In General.--
(1) Hearings and evidence.--In carrying out the duties of
the Investigation Team under this Act, the Investigation Team,
and any subcommittee or member acting under the authority of
the Investigation Team, may--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths as the
Investigation Team, subcommittee, or member, as
applicable, determines to be appropriate; and
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents, as the Investigation
Team, subcommittee, or member, as applicable,
determines to be appropriate.
(2) Subpoenas.--
(A) In general.--A subpoena issued under paragraph
(1)(B)--
(i) may be issued under the signature of
each cochairperson of the Investigation Team;
and
(ii) may be served by--
(I) the chairperson of any
subcommittee created by a majority of
the members of the Investigation Team;
(II) any member of the
Investigation Team designated by a
majority of the members of the
Investigation Team; and
(III) any person designated by each
cochairperson of the Investigation
Team.
(B) Applicability of revised statutes.--Sections
102 through 104 of the Revised Statutes (2 U.S.C. 192
et seq.) shall apply in the case of a failure of any
witness to comply with a subpoena or to testify when
summoned under authority of this section.
(b) Contracting.--The Investigation Team may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Investigation Team to carry out the duties of
the Investigation Team under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Investigation Team may secure directly
from a Federal agency information the Investigation Team
considers necessary to carry out this Act.
(2) Provision of information.--On request of each
cochairperson of the Investigation Team, the head of the agency
shall provide the information to the Investigation Team.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Investigation Team, on a
reimbursable basis, administrative support and other services
to assist the Investigation Team in carrying out the duties of
the Investigation Team under this Act.
(2) Other departments and agencies.--In addition to the
assistance prescribed under paragraph (1), any other Federal
department or agency may provide to the Investigation Team such
services, funds, facilities, staff, and other support services
as the head of the department or agency determines to be
appropriate and in accordance with applicable law.
(e) Postal Services.--The Investigation Team may use the United
States mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(f) Gifts.--The Investigation Team may accept, use, and dispose of
gifts or donations of services or property.
SEC. 7. STAFF OF THE INVESTIGATION TEAM.
(a) Staff.--
(1) In general.--The cochairpersons of the Investigation
Team may, without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
other personnel as is necessary to enable the Investigation
Team to perform the duties of the Investigation Team.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Investigation Team.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the cochairpersons of the Investigation Team may
fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(b) Personnel as Federal Employees.--
(1) In general.--The executive director and any personnel
of the Investigation Team who are employees shall be employees
under section 2105 of title 5, United States Code, for purposes
of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(2) Members of investigation team.--Paragraph (1) shall not
apply to any member of the Investigation Team.
(c) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Investigation Team without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(d) Consultant Services.--The Investigation Team may procure the
services of any expert or consultant, in accordance with section 3109
of title 5, United States Code, at a rate not to exceed the daily rate
of pay of an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
SEC. 8. REPORT.
Not later than 180 days after the date on which all members of the
Investigation Team are appointed under section 4(a), the Investigation
Team shall submit to the President and Congress a final report that
contains--
(1) a detailed statement of the findings of the
Investigation Team; and
(2) any recommendations of the Investigation Team for
legislative or administrative action that the Investigation
Team considers appropriate.
SEC. 9. TERMINATION.
The Investigation Team shall terminate on the date that is 60 days
after the date on which the Investigation Team submits the final report
under section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,000,000 to carry out this
Act. | 8/29 Investigation Team Act - Establishes a bipartisan 8/29 Investigation Team to examine: (1) the events beginning on August 29, 2005, with respect to the failure of the flood protection system in response to Hurricanes Katrina and Rita; and (2) each flood control and restoration project that has been carried out since that date in the Gulf Coast.
Prohibits any elected federal official from serving as a Team member. Expresses the sense of Congress regarding member qualifications.
Urges the Team to: (1) review findings and recommendations of all studies conducted in the aftermath of the levee failures in Louisiana on or after August 29, 2005; (2) review the ongoing U.S. exposure to flood control system failures; and (3) report on necessary legislative or regulatory changes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Financial Literacy and
Economic Opportunity Act of 2015''.
SEC. 2. TAX CREDIT FOR PROVIDING PROGRAMS FOR STUDENTS THAT PROMOTE
ECONOMIC AND FINANCIAL LITERACY.
(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. 45S. EXCELLENCE IN ECONOMIC EDUCATION.
``(a) General Rule.--In the case of an eligible for profit
organization, for purposes of section 38, the excellence in economic
education credit determined under this section for a taxable year is 50
percent of the amount paid or incurred during the taxable year to carry
out the purposes specified in section 5533(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) pursuant to a
qualified program.
``(b) Limitation on Number of Credit Recipients.--
``(1) In general.--The excellence in economic education
credit determined under this section for a taxable year may be
allowed to not more than 20 for profit organizations in
accordance with paragraph (2).
``(2) Credit award by secretary.--
``(A) In general.--The Secretary (in consultation
with the Secretary of Education) shall determine which
for profit organizations are allowed the credit under
this section for a taxable year in such manner as the
Secretary determines appropriate.
``(B) Majority of recipients must be mwosbs, owned
by veterans, or meet asset test.--In carrying out
subparagraph (A), the majority of the taxpayers allowed
a credit under paragraph (1) for a taxable year shall
be entities that are--
``(i) either--
``(I) a socially and economically
disadvantaged small business concern
(as defined in section 8(a)(4)(A) of
the Small Business Act (15 U.S.C.
637(a)(4)(A))),
``(II) a small business concern
owned and controlled by women (as
defined under section 3(n) of such Act
(15 U.S.C. 632(n))), or
``(III) a small business concern
(as so defined) that is at least 51
percent owned by veterans (as defined
in section 101(2), United States Code),
or
``(ii) on the first day of the taxable year
do not have more than $60,000,000,000 in
assets.
``(C) Priority.--In making determinations under
this paragraph, the Secretary shall give priority to
taxpayers that have qualified programs which serve
either urban or rural underserved areas (determined on
the basis of the most recent United States census data
available).
``(c) Limitations Relating to Expenditures.--
``(1) Direct activity.--25 percent of the amount allowed as
a credit under subsection (a) shall be for amounts paid or
incurred for direct activities (as defined in section
5533(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7267b(b)(1))).
``(2) Subgrants.--75 percent of the amount allowed as a
credit under subsection (a) shall be for amounts paid or
incurred for subgrants (as defined in section 5533(b)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7267b(b)(1))), determined by treating amounts so paid or
incurred as funds made available through a grant.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified program.--The term `qualified program'
means a program in writing under which an eligible for profit
organization awards one or more grants for the purpose of
carrying out the objectives of promoting economic and financial
literacy, as specified in section 5532 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet
the requirements of section 5533b of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7267b).
``(2) Eligible for profit organization.--The term `eligible
for profit organization' means with respect to a taxable year,
an organization that--
``(A) has a qualified program in effect for the
taxable year, and
``(B) has been determined by the Secretary under
subsection (b)(2) to be an organization to whom the
credit is allowed for the taxable year.
``(3) Determination of assets.--For purposes of paragraph
(2)(B), in determining assets, the Secretary shall use the same
method used by the Board of Governors of the Federal Reserve
System to determine a bank holding company's consolidated
assets under section 165 of the Financial Stability Act of 2010
(12 U.S.C. 5365).
``(4) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.
``(5) Coordination with other deductions or credits.--The
amount of any deduction or credit otherwise allowable under
this chapter for any amount taken into account for purposes of
subsection (a) shall be reduced by the credit allowed by this
section.
``(e) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary or appropriate to carry out this
section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (35), by striking the period at the
end of paragraph (36) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(37) the excellence in economic education credit
determined under section 45S(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. 45S. Excellence in economic education.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Promoting Financial Literacy and Economic Opportunity Act of 2015 This bill amends the Internal Revenue Code to allow up to 20 for-profit organizations in any taxable year a business-related tax credit for 50% of the amount paid or incurred to carry out activities to improve the quality of student understanding of personal finance and economics. The Department of the Treasury shall determine which for-profit organizations are eligible for the credit, ensuring that a majority of credit recipients are: (1) either a socially and economically disadvantaged small business concern, a small business concern owned and controlled by women, or a small business concern that is at least 51% owned by veterans, or (2) do not have more than $60 billion in assets. In determining the eligibility of a for-profit organization, Treasury shall give priority to organizations that have programs serving either urban or rural underserved areas. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data Broker Accountability and
Transparency Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Data broker.--The term ``data broker'' means a
commercial entity that collects, assembles, or maintains
personal information concerning an individual who is not a
customer or an employee of that entity in order to sell the
information or provide third party access to the information.
(3) Non-public information.--The term ``non-public
information'' means information about an individual that is of
a private nature, not available to the general public, and not
obtained from a public record.
(4) Public record information.--The term ``public record
information'' means information about an individual that has
been obtained originally from records of a Federal, State, or
local government entity that are available for public
inspection.
SEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO OBTAIN PERSONAL
INFORMATION BY FALSE PRETENSES.
(a) In General.--It shall be unlawful for a data broker to obtain
or attempt to obtain, or cause to be disclosed or attempt to cause to
be disclosed to any person, personal information or any other
information relating to any person by making a false, fictitious, or
fraudulent statement or representation to any person, including by
providing any document to any person, that the data broker knows or
should know to be forged, counterfeit, lost, stolen, or fraudulently
obtained, or contains a false, fictitious, or fraudulent statement or
representation.
(b) Solicitation.--It shall be unlawful for a data broker to
request a person to obtain personal information, or any other
information, relating to any other person if the data broker knows or
should know that the person to whom the request is made will obtain or
attempt to obtain that information in the manner described in
subsection (a).
SEC. 4. PERSONAL INFORMATION.
(a) Accuracy.--A data broker shall establish reasonable procedures
to ensure the maximum possible accuracy of the personal information it
collects, assembles, or maintains, and any other information it
collects, assembles, or maintains that specifically identifies an
individual, unless the information only identifies an individual's name
or address.
(b) Exception; Fraud Databases.--Notwithstanding subsection (a), a
data broker may collect or maintain information that may be inaccurate
with respect to a particular individual if that information is being
collected or maintained solely for the purpose of--
(1) indicating whether there may be a discrepancy or
irregularity in the personal information that is associated
with an individual;
(2) helping to identify, or to authenticate the identity
of, an individual; or
(3) helping to protect against or investigate fraud or
other unlawful conduct.
(c) Consumer Access.--A data broker shall provide an individual a
means to review any personal information or other information that
specifically identifies that individual, that the data broker collects,
assembles, or maintains on that individual, unless an exception applies
under section 5.
(d) Review Requirements.--The means for review under subsection (c)
shall be provided--
(1) at an individual's request;
(2) after verifying the identity of the individual;
(3) at least 1 time per year; and
(4) at no cost to the individual.
(e) Notice.--A data broker shall maintain an Internet Web site and
place a clear and conspicuous notice on that Internet Web site
instructing an individual--
(1) how to review the information described under
subsection (c); and
(2) how to express a preference with respect to the use of
personal information for marketing purposes under subsection
(g).
(f) Disputed Information.--An individual whose personal information
is maintained by a data broker may dispute the accuracy of any
information described under subsection (c) by requesting, in writing,
that the data broker correct the information. A data broker, after
verifying the identity of the individual making the request, and unless
there are reasonable grounds to believe the request is frivolous or
irrelevant, shall--
(1) with regard to public record information--
(A) inform the individual of the source of the
information and, if reasonably available, where to
direct the individual's request for correction; or
(B) if the individual provides proof that the
public record has been corrected or that the data
broker was reporting the information incorrectly,
correct the inaccuracy in the data broker's records;
and
(2) with regard to non-public information--
(A) note the information that is disputed,
including the individual's written request;
(B) if the information can be independently
verified, use the reasonable procedures established
under subsection (a) to independently verify the
information; and
(C) if the data broker was reporting the
information incorrectly, correct the inaccuracy in the
data broker's records.
(g) Certain Marketing Information.--A data broker that maintains
any information described under subsection (a) and that uses, shares,
or sells that information for marketing purposes shall provide each
individual whose information it maintains with a reasonable means of
expressing a preference not to have that individual's information used
for those purposes. If an individual expresses such a preference, the
data broker may not use, share, or sell that individual's information
for marketing purposes.
(h) Persons Regulated by the Fair Credit Reporting Act.--A data
broker shall be deemed in compliance with this section with respect to
information that is subject to the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) if the data broker is in compliance with sections 609,
610, and 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i).
SEC. 5. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Commission shall promulgate regulations under section 553 of title 5,
United States Code, to implement and enforce the requirements of this
Act, including--
(1) a requirement that a data broker establish measures
that facilitate the auditing or retracing of any internal or
external access to, or transmission of, any data containing
personal information collected, assembled, or maintained by the
data broker;
(2) the establishment of a centralized Internet Web site
for the benefit of consumers that lists the data brokers
subject to section 4 and provides additional information to
consumers about their rights under this Act;
(3) if the Commission considers a data broker outside the
scope of the purposes of this Act, the exclusion of that data
broker from the applicability of this Act, such as, if the
Commission considers it appropriate for exclusion, a data
broker who processes information collected by or on behalf of
and received from or on behalf of a nonaffiliated third party
concerning an individual who is a customer or an employee of
that third party to enable that third party, directly or
through parties acting on its behalf, to provide benefits for
its employees or directly transact business with its customers;
(4) any exceptions, that the Commission considers
necessary, to the auditing and retracing requirements under
paragraph (1) to further or protect law enforcement or national
security activities; and
(5) any exceptions, that the Commission considers
necessary, to an individual's right to review the information
described under section 4(c), such as for child protection, law
enforcement, fraud prevention, or other legitimate government
purposes.
SEC. 6. ENFORCEMENT.
(a) In General.--A violation of a regulation prescribed under this
Act shall be treated as a violation of a rule defining an unfair or a
deceptive act or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act. Any data broker who violates a
regulation prescribed under this Act shall be subject to the penalties
and entitled to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(c) Enforcement by State Attorneys General.--
(1) Civil action.--Except as provided under paragraph
(3)(B), in any case in which the attorney general of a State,
or an official or agency of a State, has reason to believe that
an interest of the residents of that State has been or is
threatened or adversely affected by a data broker who violates
a regulation prescribed under this Act, the attorney general,
official, or agency of the State, as parens patriae, may bring
a civil action on behalf of the residents of the State in a
district court of the United States of appropriate
jurisdiction--
(A) to enjoin further violation of this Act by the
defendant;
(B) to compel compliance with this Act;
(C) to obtain damages, restitution, or other
compensation on behalf of such residents, or to obtain
such further and other relief as the court may deem
appropriate; or
(D) to obtain civil penalties in the amount
determined under paragraph (2).
(2) Civil penalties.--
(A) Calculation.--For purposes of imposing a civil
penalty under paragraph (1)(D), the amount determined
under this paragraph is the amount calculated by
multiplying the number of separate violations of a rule
by an amount not greater than $16,000.
(B) Adjustment for inflation.--Beginning on the
date that the Consumer Price Index is first published
by the Bureau of Labor Statistics that is after 1 year
after the date of enactment of this Act, and each year
thereafter, the amount specified in subparagraph (A)
shall be increased by the percentage increase in the
Consumer Price Index published on that date from the
Consumer Price Index published the previous year.
(3) Intervention by the commission.--
(A) Notice.--A State shall provide prior written
notice of any civil action under paragraph (1) to the
Commission and provide the Commission with a copy of
its complaint, except in any case in which such prior
notice is not feasible, in which case the State shall
serve such notice immediately upon instituting such
action.
(B) Intervention by the commission.--The Commission
shall have the right--
(i) to intervene in the civil action under
paragraph (1);
(ii) upon so intervening, to be heard on
all matters arising in that civil action; and
(iii) to file petitions for appeal of a
decision in that civil action.
(C) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an
action under this subsection during the pendency of
that action against any defendant named in the
complaint of the Commission for any violation of this
Act alleged in the complaint.
(4) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State--
(A) to conduct investigations;
(B) to administer oaths or affirmations; or
(C) to compel the attendance of witnesses or the
production of documentary and other evidence.
SEC. 7. EFFECT ON OTHER LAWS.
(a) Preservation of Commission Authority.--Nothing in this Act may
be construed in any way to limit or affect the Commission's authority
under any other provision of law.
(b) Preservation of Other Federal Law.--Nothing in this Act may be
construed in any way to supersede, restrict, or limit the application
of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other
Federal law. | Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual; (2) identify or authenticate the identity of an individual; or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines "public record information" as information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gold King Mine Spill Accountability
Act of 2016''.
SEC. 2. SPECIAL INVESTIGATION OF ENVIRONMENTAL PROTECTION AGENCY ROLE
IN GOLD KING MINE SPILL.
(a) Appointment.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall appoint a special
investigator, dedicated full time, to conduct an investigation in order
to determine--
(1) who was at fault for the Gold King Mine spill;
(2) which individuals were responsible for the decisions
that led to the spill; and
(3) what downstream environmental effects were caused by
the actions of the Environmental Protection Agency, or the
Environmental Protection Agency's failure to take action, after
the Gold King Mine spill.
(b) Compensation From Environmental Protection Agency.--The special
investigator shall be compensated for expenses incurred in the course
of conducting the investigation under subsection (a) by amounts
provided in advance in appropriation Acts to the Administrator. The
special investigator shall be paid at a rate not to exceed the rate of
basic pay for GS-14 of the General Schedule. If the special
investigator is a full-time officer or employee of the United States,
the special investigator may not receive additional pay, allowances, or
benefits by reason of his or her service as a special investigator
under this section.
(c) Authorities of Special Investigator.--
(1) Staff.--The special investigator may appoint and fix
the pay of additional personnel as the special investigator
considers appropriate. Staff members appointed by the special
investigator under this paragraph who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service to the
special investigator.
(2) Staff of federal agencies.--Upon the request of the
special investigator, the head of any Federal department or
agency may detail any of the personnel of that department or
agency to assist the special investigator in carrying out his
or her duties under this section.
(3) Obtaining official data.--The special investigator may
secure directly from any department or agency of the United
States information necessary to enable the special investigator
to carry out this section. Upon the request of the special
investigator, the head of that department or agency shall
furnish that information to the special investigator.
(4) Subpoena power.--
(A) In general.--The special investigator may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relating
to any matter that the special investigator is
empowered to investigate under this section. The
attendance of witnesses and the production of evidence
may be required from any place within the United States
at any designated place of hearing within the United
States.
(B) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued under subparagraph
(A), the special investigator may apply to a United
States district court for an order requiring that
person to appear before the special investigator to
give testimony, produce evidence, or both, relating to
the matter under investigation. The application may be
made within the judicial district where the hearing is
conducted or where that person is found, resides, or
transacts business. Any failure to obey the order of
the court may be punished by the court as civil
contempt.
(C) Service of subpoenas.--The subpoenas of the
special investigator shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil
Procedure for the United States district courts.
(D) Service of process.--All process of any court
to which application is made under subparagraph (B) may
be served in the judicial district in which the person
required to be served resides or may be found.
(d) Report of Findings and Conclusions to Congress.--
(1) Report of findings.--Not later than 180 days after the
date on which the special investigator is appointed, the
special investigator shall submit to Congress a report
containing the results of the investigation under subsection
(a).
(2) Report of gao audit.--Not later than 180 days after the
date on which a report is submitted under paragraph (1), the
Comptroller General shall submit to Congress a report
containing the results of an audit of the investigation, to
determine whether--
(A) the investigator appointed had any conflict of
interest relating to the subject matter of the
investigation or with the Environmental Protection
Agency; and
(B) the findings are based on substantiated
scientific evidence, as applicable.
(3) Recipients.--
(A) The Speaker of the House of Representatives
shall refer the reports submitted under paragraphs (1)
and (2) to the following:
(i) The Committees on Science, Space, and
Technology, Natural Resources, and Oversight
and Government Reform of the House of
Representatives.
(ii) Each Member of the House of
Representatives representing a district that
includes the Animas and San Juan River
watersheds or any affected area downstream of
the Gold King Mine.
(B) The President pro tempore of the Senate shall
refer the reports submitted under paragraphs (1) and
(2) to the following:
(i) The Committees on Energy and Natural
Resources and Environment and Public Works of
the Senate.
(ii) Each Member of the Senate representing
a State that includes the Animas and San Juan
River watersheds or any affected area
downstream of the Gold King Mine.
(e) Termination.--The authority of the special investigator shall
terminate upon submission of the report under subsection (d)(1).
SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL.
(a) Federal Tort Claims.--
(1) In general.--Subject to paragraph (2), each injured
person shall be entitled to receive from the United States
compensation for a claim filed, or civil action brought, under
chapter 171 of title 28, United States Code (commonly known as
the ``Federal Tort Claims Act''), arising out of or relating to
an injury resulting from the Gold King Mine spill.
(2) Nonapplicability of limitation.--Notwithstanding
section 2672 of title 28, United States Code, the Administrator
may provide compensation for a claim under this section in an
amount greater than $25,000 without prior written approval of
the Attorney General (or a designee), as the Administrator
determines to be appropriate.
(b) Office of Gold King Mine Spill Claims.--
(1) Establishment.--There is established within the
Environmental Protection Agency an Office of Gold King Mine
Spill Claims, in this subsection referred to as the ``Office''.
(2) Purpose.--The Office shall receive, process, and pay
claims in accordance with this section.
(3) Treatment.--The establishment of the Office by this
subsection shall not diminish the ability of the Administrator
to carry out the responsibilities of the Environmental
Protection Agency under any other provision of law.
(4) Detailees.--Upon the request of the Administrator, the
head of any Federal department or agency may detail, on a
reimbursable basis, any personnel of that department or agency
to the Office to assist in carrying out this section.
(c) Allowable Damages.--
(1) Property loss.--A claim that is paid for loss of
property under this section may include damages resulting from
the Gold King Mine spill for--
(A) any cost resulting from lost tribal subsistence
from hunting, fishing, firewood gathering, timbering,
grazing, or agricultural activities, or from lost use
for traditional or ceremonial uses, conducted on land
or using water damaged by the Gold King Mine spill;
(B) any cost of reforestation or revegetation on
tribal or non-Federal land, to the extent that the cost
of reforestation or revegetation is not covered by any
other Federal program;
(C) any costs borne by any injured person to
determine the extent of--
(i) the damages to agricultural land; or
(ii) any other damages covered by this
section;
(D) any costs borne by an injured person to pay for
water supplies or equipment to treat water during the
period for which a water supply of the injured person
was compromised by the Gold King Mine spill; and
(E) any other loss that the Administrator
determines to be appropriate for inclusion as loss of
property.
(2) Business loss.--A claim that is paid for a business
loss under this section may include damages resulting from the
Gold King Mine spill for--
(A) damage to tangible assets or inventory;
(B) business interruption losses;
(C) overhead costs;
(D) employee wages for work not performed; and
(E) any other loss that the Administrator
determines to be appropriate for inclusion as a
business loss.
(3) Financial loss.--A claim that is paid for a financial
loss under this section may include damages resulting from the
Gold King Mine spill for--
(A) an insurance deductible;
(B) lost wages or personal income;
(C) emergency staffing expenses;
(D) debris removal and other cleanup costs; and
(E) any other loss that the Administrator
determines to be appropriate for inclusion as a
financial loss.
(4) Non-limitation.--The losses described in paragraphs (1)
through (3) do not limit any compensation that is otherwise
available under chapter 171 of title 28, United States Code.
(d) Compensation.--
(1) In general.--Any claim for damages compensated under
this section during a fiscal year shall be paid from
unobligated funds appropriated to the Environmental Protection
Agency for that fiscal year.
(2) Rollover.--To the extent that a claim exceeds the
amount of unobligated funds available in that fiscal year, the
remainder of the claim shall be paid from unobligated funds in
the first subsequent fiscal year in which sufficient
unobligated funds are available to satisfy such remainder.
(e) Definitions.--In this section:
(1) Injured person.--The term ``injured person'' means a
person who suffered injury resulting from the Gold King Mine
spill.
(2) Injury.--The term ``injury'' includes any injury for
which compensation may be provided under chapter 171 of title
28, United States Code, that is caused by a negligent or
wrongful act or omission of a Federal officer, employee,
contractor, or subcontractor while acting within the scope of
office, employment, or contract, under circumstances in which
the Federal officer, employee, contractor, or subcontractor, if
a private person, would be liable to the claimant in accordance
with the law of the jurisdiction in which the act or omission
occurred.
(3) Person.--The term ``person'' means a person who is
eligible to bring a claim under chapter 171 of title 28, United
States Code, and may include--
(A) an individual;
(B) an Indian tribe, tribal corporation, or other
tribal organization;
(C) a non-Federal entity, including a corporation,
business, partnership, company, association, insurer,
ditch company, water district, and water company;
(D) a State or political subdivision of a State,
including a county, township, city, school district,
and special district;
(E) the Animas-La Plata Operation, Maintenance, and
Replacement Association; or
(F) a legal representative of an individual or
entity described in any of subparagraphs (A) through
(E).
SEC. 4. GOLD KING MINE SPILL RESPONSE PROGRAM.
(a) In General.--Subject to the requirements of subsection (b), the
Administrator shall fund the implementation of the long-term monitoring
program developed by the Long-Term Impact Review Team of the State of
New Mexico for the water quality of the Animas and San Juan Rivers.
(b) Requirements.--In order to be funded by the Administrator under
subsection (a), the long-term monitoring program shall--
(1) provide full disclosure to the public of applicable
water quality and sediment data;
(2) enable clear and meaningful comparison between those
data and all relevant water quality standards; and
(3) meet such other conditions as the Administrator may
require to administer the program.
SEC. 5. PROHIBITION OF RULE MAKING.
(a) In General.--Except as provided under subsection (b), the
Administrator may not finalize a rule or engage in a rule making (as
such terms are defined in section 551 of title 5, United States Code)
until all claims processed under section 3 have been paid in full, as
applicable.
(b) Exceptions.--The prohibition under subsection (a) shall not
apply with respect to--
(1) such rules as may be required in order to implement
this Act; and
(2) any rule that the Administrator determines necessary to
address an imminent threat to public health or safety, or other
emergency.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Gold king mine spill.--The term ``Gold King Mine
spill'' means the discharge on August 5, 2015, of approximately
3,000,000 gallons of contaminated water from the Gold King Mine
north of Silverton, Colorado, into Cement Creek that occurred
while contractors of the Environmental Protection Agency were
conducting an investigation of the Gold King Mine. | Gold King Mine Spill Accountability Act of 2016 This bill requires the Department of Justice (DOJ) to appoint a special investigator to investigate: (1) who was at fault for the discharge of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek; (2) which individuals were responsible for the decisions that led to the spill; and (3) what downstream environmental effects were caused by the Environmental Protection Agency's (EPA) actions, or inactions, after the spill. The bill: (1) entitles individuals to receive compensation for a claim filed, or civil action brought, under the Federal Tort Claims Act relating to an injury resulting from the spill, and (2) establishes within the EPA the Office of Gold King Mine Spill Claims for processing claims of allowable damages resulting from the spill. The EPA may provide compensation for a claim in an amount greater than $25,000 without the prior approval of DOJ. The EPA must fund the implementation of the long-term monitoring program developed by the Long-Term Impact Review Team of New Mexico, for the water quality of the Animas and San Juan Rivers. The EPA may not finalize or work on any rules (including those not related to the spill) until all claims have been paid, except rules that are necessary to address an imminent threat to public health or safety, or other emergency. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Expansion and Hiring
Act of 2011''.
SEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN INDIVIDUALS NEWLY
HIRED BEFORE 2013.
(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. 45S. RETENTION OF CERTAIN INDIVIDUALS NEWLY HIRED BEFORE 2013.
``(a) In General.--For purposes of section 38, in the case of any
taxable year ending after the date of the enactment of this section and
beginning before January 1, 2013, the retained worker credit determined
under this section for the taxable year is the aggregate of the lesser
of--
``(1) $4,000 ($6,000 in the case of a long-term unemployed
individual), or
``(2) 6.2 percent of the wages (as defined in section
3401(a)) paid by the taxpayer to such retained worker during
the 52 consecutive week period referred to in subsection
(c)(2).
``(b) Limitations.--
``(1) Increase in employment.--The number of retained
workers taken into account under subsection (a) shall not
exceed the excess of (if any)--
``(A) the number of employees of the taxpayer at
the end of the taxable year, over
``(B) the number of employees of the taxpayer at
the beginning of the taxable year.
``(2) Dollar limitation.--The amount allowed as a credit
under subsection (a) for a taxable year with respect to any
business location of the employer shall not exceed $400,000.
``(3) Special rules.--
``(A) Business-location specific.--All
determinations under this section regarding the number
of employees shall be determined on a location basis.
``(B) Employees rotated among business not
eligible.--An employee who is moved from one location
of the taxpayer to another location shall not be taken
into account for purposes of paragraph (1).
``(c) Definitions.--For purposes of this section--
``(1) Retained worker.--The term `retained worker' means
any qualified individual--
``(A) who was employed by the taxpayer on any date
during the taxable year,
``(B) who was so employed by the taxpayer for a
period of not less than 52 consecutive weeks, and
``(C) whose wages (as defined in section 3401(a))
for such employment during the last 26 weeks of such
period equaled at least 80 percent of such wages for
the first 26 weeks of such period.
``(2) Qualified individual.--The term `qualified
individual' means any individual who--
``(A) begins employment with a qualified employer
after December 31, 2010, and before January 1, 2014,
``(B) certifies by signed affidavit, under
penalties of perjury, that such individual has not been
employed for 40 hours or more per week during the 60-
day period ending on the date such individual begins
such employment,
``(C) is not employed by the qualified employer to
replace another employee of such employer unless such
other employee separated from employment voluntarily or
for cause, and
``(D) is not an individual described in section
51(i)(1) (applied by substituting `qualified employer'
for `taxpayer' each place it appears).
``(3) Qualified employer.--
``(A) In general.--The term `qualified employer'
means any employer other than the United States, any
State, or any political subdivision thereof, or any
instrumentality of the foregoing which employed an
average of less than 100 employees on business days
during such taxable year.
``(B) Treatment of employees of post-secondary
educational institutions.--Notwithstanding subparagraph
(A), the term `qualified employer' includes any
employer which is a public institution of higher
education (as defined in section 101(b) of the Higher
Education Act of 1965).
``(4) Long-term unemployed individual.--The term `long-term
unemployed individual' means an individual who was in receipt
of unemployment compensation under State or Federal law for not
less than 26 weeks during the 1-year period ending on the day
the individual is hired by the employer.''.
(b) Credit Allowed as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (35),
by striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the retained worker credit determined under section
45S.''.
(c) Limitation on Carryforward.--Section 39(a) of such Code is
amended by adding at the end the following:
``(5) 3-year carryforward for retained worker credit.--In
the case of the retained worker credit, paragraph (2) shall be
applied--
``(A) by substituting `3 taxable years' for `21
taxable years' in subparagraph (A) thereof, and
``(B) by substituting `2 taxable years' for `20
taxable years' in subparagraph (B) thereof.''.
(d) 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 inserting after the item relating to section 45R the
following new item:
``Sec. 45S. Retention of certain individuals newly hired before
2013.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Small Business Expansion and Hiring Act of 2011 - Amends the Internal Revenue Code to allow nongovernmental employers who employ an average of fewer than 100 employees during a taxable year a retained worker tax credit until December 31, 2012, for the lesser of $4,000 ($6,000 for a long-term unemployed individual) or 6.2% of the wages paid to a retained worker during a period of not less than 52 consecutive weeks of employment. Limits the amount of such credit with respect to any business location of the employer to $400,000 and provides that the number of retained workers taken into account for such credit shall not exceed the excess of the number of employees of the taxpayer at the end of the taxable year over the number of such employees at the beginning of the taxable year.
Defines "retained worker" to mean any qualified individual who was employed on any date during the taxable year for a period of not less than 52 weeks and whose wages during the last 26 weeks of such period equaled at least 80% of such wages for the first 26 weeks of such period. Defines "qualified individual" as any individual who: (1) begins employment after 2010 and before 2014, (2) certifies by signed affidavit that such individual has not been employed for 40 hours or more per week during the 60-day period ending on the date such individual begins employment, (3) is not replacing another employee, and (4) is not disqualified for such credit by a relationship to the employer. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Trust Asset and Trust Fund
Management and Reform Act of 2002''.
SEC. 2. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.
(a) Definitions.--Section 2 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001) is amended--
(1) in paragraph (1), by striking ``(1) The term'' and
inserting the following:
``(8) Special trustee.--The term'';
(2) in paragraph (2), by striking ``(2) The term'' and
inserting the following:
``(4) Indian tribe.--The term'';
(3) in paragraph (3), by striking ``(3) The term'' and
inserting the following:
``(7) Secretary.--The term'';
(4) in paragraph (4), by striking ``(4) The term'' and
inserting the following:
``(5) Office.--The term'';
(5) in paragraph (5), by striking ``(5) The term'' and
inserting the following:
``(1) Bureau.--The term'';
(6) in paragraph (6), by striking ``(6) The term'' and
inserting the following:
``(2) Department.--The term'';
(7) by adding at the end the following:
``(3) Deputy secretary.--The term `Deputy Secretary' means
the Deputy Secretary for Trust Management and Reform appointed
under section 307(a)(2).
``(6) Reform office.--The term `Reform Office' means the
Office of Trust Reform Implementation and Oversight established
by section 307(e).'';
(8) by moving paragraphs (1) through (8) (as redesignated
by this subsection) so as to appear in numerical order; and
(9) by adding at the end the following:
``(9) Trust assets.--The term `trust assets' means all
tangible property including land, minerals, coal, oil and gas,
forest resources, agricultural resources, water and water
sources, and fish and wildlife held by the Secretary for the
benefit of an Indian tribe or an individual member of an Indian
tribe pursuant to Federal law.
``(10) Trust funds.--The term `trust funds' means all funds
held by the Secretary for the benefit of an Indian tribe or and
individual member of an Indian tribe pursuant to Federal
law.''.
(b) Deputy Secretary for Trust Management and Reform.--Title III of
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4041 et seq.) is amended by adding at the end the following:
``SEC. 307. DEPUTY SECRETARY FOR TRUST MANAGEMENT AND REFORM.
``(a) Establishment.--
``(1) In general.--There is established within the
Department the position of Deputy Secretary for Trust
Management and Reform.
``(2) Appointment and removal.--
``(A) Appointment.--The Deputy Secretary shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(B) Term.--The Deputy Secretary shall be
appointed for a term of 6 years.
``(C) Removal.--The Deputy Secretary may be removed
only for good cause.
``(3) Administrative authority.--The Deputy Secretary shall
report directly to the Secretary.
``(4) Compensation.--The Deputy Secretary shall be paid at
a rate determined by the Secretary to be appropriate for the
position, but not less than the rate of basic pay prescribed
for Level II of the Executive Schedule under section 5313 of
title 5, United States Code.
``(b) Duties.--The Deputy Secretary shall--
``(1) oversee all trust fund and trust asset matters of the
Department, including--
``(A) administration and management of the Reform
Office; and
``(B) financial and human resource matters of the
Reform Office; and
``(2) engage in appropriate government-to-government
relations and consultations with Indian tribes and individual
trust asset and trust fund account holders on matters involving
trust asset and trust fund management and reform within the
Department.
``(c) Staff.--In carrying out this section, the Deputy Secretary
may hire such staff having expertise in trust asset and trust fund
management, financial organization and management, and tribal policy as
the Deputy Secretary determines is necessary to carry out this section.
``(d) Effect on Duties of Other Officials.--
``(1) In general.--Except as provided in paragraph (2),
nothing in this section shall be construed to diminish any
responsibility or duty of the Assistant Secretary of the
Interior for Indian Affairs or the Special Trustee relating to
any duty of the Assistant Secretary or Special Trustee
established under this Act or any other provision of law.
``(2) Trust asset and trust fund management and reform.--
Notwithstanding any other provision of law, the Deputy
Secretary shall have overall management and oversight authority
on matters of the Department relating to trust asset and trust
fund management and reform.
``(e) Office of Trust Reform Implementation and Oversight.--
``(1) Establishment.--There is established within the
Office of the Secretary the Office of Trust Reform
Implementation and Oversight.
``(2) Reform office head.--The Reform Office shall be
headed by the Deputy Secretary.
``(3) Duties.--The Reform Office shall--
``(A) supervise and direct the day-to-day
activities of the Assistant Secretary of the Interior
for Indian Affairs, the Special Trustee, the Director
of the Bureau of Land Management, and the Director of
the Minerals Management Service, to the extent they
administer or manage any Indian trust assets or funds;
``(B) administer, in accordance with title II, all
trust properties, funds, and other assets held by the
United States for the benefit of Indian tribes and
individual members of Indian tribes;
``(C) require the development and maintenance of an
accurate inventory of all trust funds and trust assets;
``(D) ensure the prompt posting of revenue derived
from a trust fund or trust asset for the benefit of
each Indian tribe (or individual member of each Indian
tribe) that owns a beneficial interest in the trust
fund or trust asset;
``(E) ensure that monthly statements of accounts
are provided to all trust fund account holders;
``(F) ensure that all trust fund accounts are
audited at least annually, and more frequently as
determined to be necessary by the Deputy Secretary;
``(G) ensure that the Assistant Secretary of the
Interior for Indian Affairs, the Special Trustee, the
Director of the Bureau of Land Management, and the
Director of the Minerals Management Service provide to
the Secretary current and accurate information relating
to the administration and management of trust funds and
trust assets;
``(H) provide for regular consultation with trust
fund account holders on the administration of trust
funds and trust assets to ensure, to the maximum extent
practicable in accordance with applicable law, the
greatest return on those funds and assets for the trust
fund account holders; and
``(I) enter into contracts and compacts under
section 102 of the Indian Self-Determination Act (25
U.S.C. 450f) or section 403 of the Indian Self
Determination and Education Assistance Act (25 U.S.C.
458cc) to provide for the management of trust assets
and trust funds by Indian tribes pursuant to a Trust
Fund and Trust Asset Management and Monitoring Plan
developed under section 202 of this Act.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(c) Advisory Board.--
(1) In general.--Section 306 of the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4046) is amended
to read as follows:
``SEC. 306. ADVISORY BOARD.
``(a) Establishment and Membership.--Notwithstanding any other
provision of law, the Deputy Secretary described in section 307 shall
establish an advisory board to provide advice on all matters within the
jurisdiction of the Office of Trust Reform. The advisory board shall
consist of 9 members, appointed by the Deputy Secretary after
consultation with Indian tribes and appropriate Indian organizations,
of which--
``(1) 5 members shall represent trust fund account holders,
including both tribal and Individual Indian Money accounts;
``(2) 2 members shall have practical experience in trust
fund and financial management;
``(3) 1 member shall have practical experience in fiduciary
investment management; and
``(4) 1 member, from academia, shall have knowledge of
general management of large organizations.
``(b) Term.--Each member shall serve a term of 2 years.
``(c) FACA.--The advisory board shall not be subject to the Federal
Advisory Committee Act.''.
(2) Previous advisory board.--The advisory board authorized
under section 306 of the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4046) as in effect on the day
before the date of enactment of this Act shall terminate on the
date of enactment of this Act.
(d) Conforming Amendments.--
(1) Section 302 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4042) is amended--
(A) in the second sentence of subsection (a), by
striking ``who shall'' and inserting ``who, except as
provided in subsection (b)(3), shall''; and
(B) in subsection (b), by adding at the end the
following:
``(3) Trust fund management.--The Special Trustee shall
report directly to the Deputy Secretary with respect to matters
relating to trust fund management and reform.''.
(2) Section 303 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4043) is amended--
(A) by striking subsection (a);
(B) in subsection (b)(1), by striking ``The Special
Trustee'' and inserting ``Except as provided in section
307(d), the Special Trustee'';
(C) in subsection (c)(5)(A), by striking ``or which
is charged with any responsibility under the
comprehensive strategic plan prepared under subsection
(a) of this section,'';
(D) by striking subsection (f); and
(E) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively.
SEC. 3. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.
Title II of the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4021 et seq.) is amended--
(1) by striking sections 202 and 203; and
(2) by inserting after section 201 the following:
``SEC. 202. PARTICIPATION IN TRUST FUND AND TRUST ASSET MANAGEMENT
ACTIVITIES BY INDIAN TRIBES.
``(a) Planning Program.--To meet the purposes of this title, a 10-
year Indian Trust Fund and Trust Asset Management and Monitoring Plan
(in this section referred to as the `Plan') shall be developed and
implemented as follows:
``(1) Pursuant to a self-determination contract or compact
under section 102 of the Indian Self-Determination Act (25
U.S.C. 450f) or section 403 of the Indian Self Determination
and Education Assistance Act (25 U.S.C. 458cc), an Indian tribe
may develop or implement a Plan. Subject to the provisions of
paragraphs (3) and (4), the tribe shall have broad discretion
in designing and carrying out the planning process.
``(2) To include in a Plan particular trust funds or assets
held by multiple individuals, an Indian tribe shall obtain the
approval of a majority of the individuals who hold an interest
in any such trust funds or assets.
``(3) The Plan shall be submitted to the Secretary for
approval pursuant to the Indian Self-Determination Act (25
U.S.C. 450f et seq.).
``(4) If a tribe chooses not to develop or implement a
Plan, the Secretary shall develop or implement, as appropriate,
a Plan in close consultation with the affected tribe.
``(5) Whether developed directly by the tribe or by the
Secretary, the Plan shall--
``(A) determine the amount and source of funds held
in trust;
``(B) identify and prepare an inventory of all
trust assets;
``(C) identify specific tribal goals and
objectives;
``(D) establish management objectives for the funds
and assets held in trust;
``(E) define critical values of the Indian tribe
and its members and provide identified management
objectives;
``(F) identify actions to be taken to reach
established objectives;
``(G) use existing survey documents, reports and
other research from Federal agencies, tribal community
colleges, and land grant universities; and
``(H) be completed within 3 years of the initiation
of activity to establish the Plan.
``(b) Management and Administration.--Plans developed and approved
under subsection (a) shall govern the management and administration of
funds and assets held in trust by the Bureau and the Indian tribal
government.
``(c) No Termination Requirement.--Indian tribes implementing an
approved Plan shall not be required to terminate the trust relationship
in order to implement such Plan.
``(d) Plan Does Not Terminate Trust.--Developing or implementing a
Plan shall not be construed or deemed to constitute a termination of
the trust status of the assets or funds that are included in, or
subject to, the Plan.
``(e) Liability.--An Indian tribe managing and administering trust
funds and trust assets in a manner that is consistent with a Plan shall
not be liable for waste or loss of an asset or funds that are included
in such Plan.
``(f) Indian Participation in Management Activities.--
``(1) Tribal recognition.--The Secretary shall conduct all
management activities of funds and assets held in trust in
accordance with goals and objectives set forth in a Plan
approved pursuant to and in accordance with all tribal laws and
ordinances, except in specific instances where such compliance
would be contrary to the trust responsibility of the United
States.
``(2) Tribal laws.--
``(A) In general.--Unless otherwise prohibited by
Federal law, the Secretary shall comply with tribal law
pertaining to the management of funds and assets held
in trust.
``(B) Duties.--The Secretary shall--
``(i) provide assistance in the enforcement
of tribal laws described in subparagraph (A);
``(ii) provide notice of such tribal laws
to persons or entities dealing with tribal
funds and assets held in trust; and
``(iii) upon the request of an Indian
tribe, require appropriate Federal officials to
appear in tribal forums.
``(3) Waiver of regulations.--In any case in which a
regulation or administrative policy of the Department of the
Interior conflicts with the objectives of the Plan, or with a
tribal law, the Secretary may waive the application of such
regulation or administrative policy unless such waiver would
constitute a violation of a Federal statute or judicial
decision or would conflict with the Secretary's trust
responsibility under Federal law.
``(4) Sovereign immunity.--This section does not constitute
a waiver of the sovereign immunity of the United States, nor
does it authorize tribal justice systems to review actions of
the Secretary.
``(5) Trust responsibility.--Nothing in this section shall
be construed to diminish or expand the trust responsibility of
the United States toward Indian funds and assets held in trust,
or any legal obligation or remedy resulting from such funds and
assets.
``(g) Report.--
``(1) In general.--Not later than 180 days after the
enactment of this section, and annually thereafter, the
Secretary shall submit a report to the Committee on Indian
Affairs of the Senate and the Committee on Resources of the
House of Representatives.
``(2) Contents.--The report required under paragraph (1)
shall detail the following:
``(A) The efforts of the Department to implement
this section.
``(B) The nature and extent of consultation between
the Department, Tribes, and individual Indians with
respect to implementation of this section.
``(C) Any recommendations of the Department for
further changes to this Act, accompanied by a record of
consultation with Tribes and individual Indians
regarding such recommendations.''.
SEC. 4. REGULATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall promulgate regulations
to carry out the amendments made by this Act.
(b) Active Participation.--All regulations promulgated in
accordance with subsection (a) shall be developed with the full and
active participation of Indian tribes that have trust funds and assets
held by the Secretary. | Indian Trust Asset and Trust Fund Management and Reform Act of 2002 - Amends the American Indian Trust Fund Management Reform Act of 1994 to create the position of Deputy Secretary for Trust Management and Reform within the Department of the Interior to oversee all Indian trust fund and trust asset matters and to consult with Indian tribes and individual trust asset and trust fund account holders. Directs the Deputy Secretary to establish an advisory board on matters within the jurisdiction of the Office of Trust Reform.Establishes within the office of the Secretary the Office of Trust Reform Implementation and Oversight, headed by such Deputy Secretary, to supervise and direct day-to-day activities concerning such assets or funds, including providing accurate inventories, revenue postings, monthly statements, and annual audits.Requires the development and implementation of a ten-year Indian Trust Fund and Trust Asset Management and Monitoring Plan by either an Indian tribe or the Secretary (in close consultation with the tribe). Requires the Plan to: (1) determine the amount and source of trust funds; (2) inventory trust assets; and (3) identify tribal and management objectives along with the actions necessary to achieve them. States that the trust relationship and an approved Plan can coexist.Requires the Secretary to manage funds and assets in accordance with such plan and tribal laws, unless compliance would be contrary to the trust responsibility or otherwise prohibited by Federal law. Requires the active participation of Indian tribes in the promulgation of regulations concerning such funds and assets. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Account Distribution
Improvement Act of 2008''.
SEC. 2. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR
CERTAIN RETIREMENT PLANS AND ACCOUNTS.
(a) In General.--Section 401(a)(9) of the Internal Revenue Code of
1986 (relating to required distributions) is amended by adding at the
end the following new subparagraph:
``(H) Temporary waiver of minimum required
distribution.--
``(i) In general.--The requirements of this
paragraph shall not apply in calendar year
2008, 2009, or 2010 to--
``(I) a defined contribution plan
which is described in this subsection
or in section 403(a) or 403(b),
``(II) a defined contribution plan
which is an eligible deferred
compensation plan described in section
457(b) but only if such plan is
maintained by an employer described in
section 457(e)(1)(A), or
``(III) an individual retirement
plan.
``(ii) Plans only to make elective
distributions.--A trust forming part of a plan
shall not constitute a qualified trust under
this subsection unless the plan provides that
it will not make a payment or distribution
during calendar year 2009 or 2010 which would
otherwise be made to meet the requirements of
this paragraph unless the employee or
beneficiary elects to have such payment or
distribution made. This clause shall not apply
to an employee or beneficiary who is receiving,
after the annuity starting date, distributions
under the plan through an annuity contract
issued by a company licensed to do business as
an insurance company under the laws of any
State.
``(iii) Election.--An election under clause
(ii) shall be made at such time and in such
manner as the Secretary may prescribe. The
Secretary may permit an employer to offer only
1 election that applies to 2009 and 2010 or may
require employers to offer separate elections
for each calendar year.
``(iv) Individual retirement plans exempt
from elective distribution requirement.--In the
case of an individual retirement account or
annuity described in section 408, this
subparagraph shall be applied without regard to
clauses (ii) and (iii).
``(v) Special rules regarding waiver
period.--For purposes of this paragraph--
``(I) the required beginning date
with respect to any individual shall be
determined without regard to this
subparagraph for purposes of applying
this paragraph to calendar years after
2010, and
``(II) if clause (ii) of
subparagraph (B) applies to such
individual, the 5-year period described
in such clause shall be determined
without regard to calendar years 2008,
2009, or 2010.''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of the
Internal Revenue Code of 1986 (defining eligible rollover distribution)
is amended by adding at the end the following new flush sentence:
``If all or any portion of a distribution during 2008, 2009, or
2010 is treated as an eligible rollover distribution but would
not be so treated if the minimum distribution requirements
under section 401(a)(9) had applied during such calendar year,
such distribution shall not be treated as an eligible rollover
distribution for purposes of section 401(a)(31) or 3405(c) or
subsection (f) of this section''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
(2) Recontributions of distributions in 2008 or early
2009.--
(A) In general.--If a person receives 1 or more
eligible distributions, the person may, on or before
July 1, 2009, make one or more contributions (in an
aggregate amount not exceeding all eligible
distributions) to an eligible retirement plan and to
which a rollover contribution of such distribution
could be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16) of the Internal
Revenue Code of 1986, as the case may be. For purposes
of the preceding sentence, rules similar to the rules
of clauses (ii) and (iii) of section 402(c)(11)(A) of
such Code shall apply in the case of a beneficiary who
is not the surviving spouse of the employee or of the
owner of the individual retirement plan.
(B) Eligible distribution.--For purposes of this
paragraph--
(i) In general.--Except as provided in
clause (ii), the term ``eligible distribution''
means an applicable distribution to a person
from an individual account or annuity--
(I) under a plan which is described
in clause (iv), and
(II) from which a distribution
would, but for the application of
section 401(a)(9)(H) of such Code, have
been required to have been made to the
individual for 2008 or 2009, whichever
is applicable, in order to satisfy the
requirements of sections 401(a)(9),
404(a)(2), 403(b)(10), 408(a)(6),
408(b)(3), and 457(d)(2) of such Code.
(ii) Eligible distributions limited to
required distributions.--The aggregate amount
of applicable distributions which may be
treated as eligible distributions for purposes
of this paragraph shall not exceed--
(I) for purposes of applying
subparagraph (A) to distributions made
in 2008, the amount which would, but
for the application of section
401(a)(9)(H) of such Code, have been
required to have been made to the
individual in order to satisfy the
requirements of sections 401(a)(9),
404(a)(2), 403(b)(10), 408(a)(6),
408(b)(3), and 457(d)(2) of such Code
for 2008, and
(II) for purposes of applying
subparagraph (A) to distributions made
in 2009, the sum of the amount which
would, but for the application of such
section 401(a)(9)(H), have been
required to have been made to the
individual in order to satisfy such
requirements for 2009, plus the excess
(if any) of the amount described in
subclause (I) which may be distributed
in 2009 to meet such requirements for
2008 over the portion of such amount
taken into account under subclause (I)
for distributions made in 2008.
(iii) Applicable distribution.--
(I) In general.--The term
``applicable distribution'' means a
payment or distribution which is made
during the period beginning on January
1, 2008, and ending on June 30, 2009.
(II) Exception for minimum required
distributions for other years.--Such
term shall not include a payment or
distribution which is required to be
made in order to satisfy the
requirements of section 401(a)(9),
404(a)(2), 403(b)(10), 408(a)(6),
408(b)(3), or 457(d)(2) of such Code
for a calendar year other than 2008 or
2009.
(III) Exception for payments in a
series.--In the case of any plan
described in clause (iv)(I), such term
shall not include any payment or
distribution made in 2009 which is a
payment or distribution described in
section 402(c)(4)(A).
(iv) Plans described.--A plan is described
in this clause if the plan is--
(I) a defined contribution plan
(within the meaning of section 414(i)
of such Code) which is described in
section 401, 403(a), or 403(b) of such
Code or which is an eligible deferred
compensation plan described in section
457(b) of such Code maintained by an
eligible employer described in section
457(e)(1)(A) of such Code, or
(II) an individual retirement plan
(as defined in section 7701(a)(37) of
such Code).
(C) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a payment or distribution from a plan other
than an individual retirement plan, then the taxpayer
shall, to the extent of the amount of the contribution,
be treated as having received the payment or
distribution in an eligible rollover distribution (as
defined in section 402(c)(4) of such Code) and as
having transferred the amount to the plan in a direct
trustee to trustee transfer.
(D) Treatment of repayments for distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to
subparagraph (A) with respect to a payment or
distribution from an individual retirement plan (as
defined by section 7701(a)(37) of such Code), then, to
the extent of the amount of the contribution, such
payments or distributions shall be treated as a
distribution that satisfies subparagraphs (A) and (B)
of section 408(d)(3) of such Code and as having been
transferred to the individual retirement plan in a
direct trustee to trustee transfer.
(3) Provisions relating to plan or contract amendments.--
(A) In general.--If this paragraph applies to any
pension plan or contract amendment, such pension plan
or contract shall be treated as being operated in
accordance with the terms of the plan during the period
described in subparagraph (B)(ii)(I).
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply
to any amendment to any pension plan or annuity
contract which--
(I) is made by pursuant to the
amendments made by this section, and
(II) is made on or before the last
day of the first plan year beginning on
or after January 1, 2011.
In the case of a governmental plan, subclause
(II) shall be applied by substituting ``2012''
for ``2011''.
(ii) Conditions.--This paragraph shall not
apply to any amendment unless--
(I) during the period beginning on
January 1, 2009, and ending on December
31, 2010 (or, if earlier, the date the
plan or contract amendment is adopted),
the plan or contract is operated as if
such plan or contract amendment were in
effect; and
(II) such plan or contract
amendment applies retroactively for
such period. | Retirement Account Distribution Improvement Act of 2008 - Amends the Internal Revenue Code to suspend in 2008, 2009, and 2010 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution in 2008 to recontribute such distribution to their retirement plans by July 1, 2009. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Empowerment Act of 2015''.
SEC. 2. AMENDMENTS.
(a) In General.--Part III of title 5, United States Code, is
amended by inserting after chapter 79 the following:
``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC
``Sec.
``7921. Procedures for in-person and telephonic interactions conducted
by executive branch employees.
``Sec. 7921. Procedures for in-person and telephonic interactions
conducted by executive branch employees
``(a) Definitions.--For purposes of this section--
``(1) the term `telephonic' means by telephone or other
similar electronic device; and
``(2) the term `State' means each of the several States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.
``(b) Recording of Enforcement Actions.--
``(1) Recording by individuals.--Any employee of an
Executive agency who is conducting an in-person or a telephonic
interview, audit, investigation, inspection, or other official
in-person or telephonic interaction with an individual,
relating to a possible or alleged violation of any Federal
statute or regulation that could result in the imposition of a
fine, forfeiture of property, civil monetary penalty, or
criminal penalty against, or the collection of an unpaid tax,
fine, or penalty from, such individual or a business owned or
operated by such individual, shall allow such individual to
make an audio recording of such in-person or telephonic
interaction at the individual's own expense and with the
individual's own equipment.
``(2) Recording by federal employees.--Any employee of an
Executive agency that is conducting an in-person or a
telephonic interaction described in paragraph (1) may record
that interaction if such employee--
``(A) informs the individual of such recording
prior to or at the initiation of the in-person or
telephonic interaction; and
``(B) upon request of the individual, provides the
individual with a transcript or copy of such recording,
but only if the individual provides reimbursement for
the cost of the transcription and reproduction of such
transcript or copy.
``(c) Explanations of Rights.--
``(1) In general.--Any employee of an Executive agency
shall, before or at an initial in-person or telephonic
interview, audit, investigation, inspection, or other official
in-person or telephonic interaction, described in subsection
(b)(1), provide to the individual a verbal or written notice of
the individual's rights under this section.
``(2) Separate notifications for separate violations.--
Paragraph (1) shall not, for purposes of any interaction
described in subsection (b)(1), be considered satisfied based
on a notification previously given if that previous
notification was given in the case of a possible or alleged
violation separate from the possible or alleged violation at
hand.
``(d) Application to Official Representative or Those Holding Power
of Attorney.--Any person who is permitted to represent, before an
Executive agency described in subsection (b)(1), an individual
permitted to make an audio recording under such subsection of an in-
person or a telephonic interaction conducted by an employee of that
Executive agency--
``(1) shall be permitted--
``(A) to make an audio recording under subsection
(b)(1) as if the person were such individual; and
``(B) to receive a transcript or copy of an audio
recording under subsection (b)(2) as if the person were
such individual;
``(2) shall receive the same notice as that which is
required to be provided to the individual under subsection (c);
and
``(3) with respect to an audio recording (as referred to in
paragraph (1)(A)) and a transcript or copy of a recording (as
referred to in paragraph (1)(B)), shall have the same rights as
described in subsection (e).
``(e) Property of Audio Recording.--Any audio recording or
transcript of an audio recording made pursuant to subsection (b)(1) or
provided to an individual pursuant to subsection (b)(2)(B) shall be the
property of such individual.
``(f) No Cause of Action.--This section does not create any express
or implied private right of action.
``(g) Exceptions.--
``(1) Classified information, public safety, criminal
investigation.--This section shall not apply to any in-person
or telephonic interaction--
``(A) that is likely to include the discussion of
classified material;
``(B) that is likely to include the discussion of
information that, if released publicly, would endanger
public safety; or
``(C) that, if released, would endanger an ongoing
criminal investigation if such investigation is being
conducted by a Federal law enforcement officer (as
defined by section 2 of the Law Enforcement
Congressional Badge of Bravery Act of 2008) who is
employed by a Federal law enforcement agency.
``(2) Determination by employees.--An employee of an
Executive agency who makes a determination that an exception
created by paragraph (1) applies to an in-person or a
telephonic interaction or to a series of such interactions
shall provide written notification of such determination to any
person who would otherwise be permitted to make an audio
recording of the interaction under subsection (b)(1) or (d).
``(h) Prior Law.--For the purposes set forth in paragraphs (1) and
(2) of subsection (b), this section supersedes section 2511(2)(d) of
title 18 and any provision of Federal or State law insofar as such
section or provision relates to the recording of an in-person or a
telephonic interaction described in subsection (b)(1).
``(i) Disciplinary Action.--An employee who violates this section
shall be subject to appropriate disciplinary action in accordance with
otherwise applicable provisions of law.''.
(b) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating to
chapter 79 the following:
``79A. Services to Members of the Public.................... 7921''. | Citizen Empowerment Act of 2015 Requires any executive agency employee who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official interaction with an individual relating to a possible violation of federal law that could result in the imposition of civil or criminal fines or penalties or the collection of unpaid tax to allow such individual to make an audio recording of the interaction. Permits the employee conducting the interaction to record it if the employee: (1) informs the individual of the recording prior to or at the initiation of the interaction, and (2) provides the individual with a transcript of the recording at such individual's expense. Requires the employee conducting an initial in-person or telephonic interview or other interaction to provide to the individual a verbal or written notice of such individual's rights. Exempts from the application of this Act any in-person or telephonic interview or other interaction that: (1) is likely to include the discussion of classified material or information that would endanger public safety if released publicly; or (2) if released, would endanger an ongoing criminal investigation being conducted by a federal law enforcement officer. | [
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] |
OF IRAN'S PAST MILITARY DIMENSIONS OF
IRAN'S NUCLEAR PROGRAM.
Not later than 30 calendar days after the IAEA submits its final
assessment on the resolution on all past and present outstanding issues
related to Iran's nuclear program to the Board of Governors, the
President shall submit to the appropriate congressional committees and
leadership a detailed report on the IAEA's report to the Board of
Governors, and shall provide to the appropriate congressional
committees and leadership a briefing, in a classified setting as
necessary, on how outstanding issues were resolved by the IAEA.
SEC. 13. STATEMENT OF POLICY ON EFFECTIVE RE-IMPOSITION OF SANCTIONS.
(a) Finding.--There is a wide range of national and multilateral
tools, including the re-imposition of sanctions, available to the
United States and United States partners, including European allies,
should Iran fail to meet its JCPOA commitments.
(b) Statements of Policy.--
(1) The United States is prepared to enforce any violation
of the JCPOA.
(2) The United States should continue to ensure that a
range of national and multilateral tools remain available to
respond to non-performance by Iran of its JCPOA commitments.
(3) The United States will continue to leverage the
commitments of its European allies to join in re-imposing
sanctions in a calibrated manner as appropriate in the event
Iran violates the JCPOA incrementally.
SEC. 14. UNITED STATES COORDINATOR FOR THE JOINT COMPREHENSIVE PLAN OF
ACTION.
(a) Designation.--The President shall designate within the
Department of State a special coordinator for implementation of and
compliance with the Joint Comprehensive Plan of Action regarding the
Iran's nuclear program (in this section referred to as the
``Coordinator'').
(b) Status.--The role of the Coordinator should be filled by an
official of the Department of State appointed by and serving at the
pleasure of the President.
(c) Duties.--The Coordinator shall carry out the following duties:
(1) Coordinate all activities related to implementation of
the Joint Comprehensive Plan of Action, including--
(A) activities of the United States Government
necessary for implementation of the Joint Comprehensive
Plan of Action;
(B) activities of the United States Government to
monitor all elements of the implementation of the JCPOA
by Iran and track all incidences of noncompliance with
the JCPOA; and
(C) with the Secretary of Energy, activities of the
United States Government with respect to the JCPOA that
involve the International Atomic Energy Agency and
other nongovernmental or multilateral organizations, as
appropriate.
(2) Coordinate with the Department of the Treasury and
other agencies as appropriate--
(A) to ensure the continued comprehensive
investigation and designation of persons providing
support for, or otherwise facilitating, the ability of
the Government of Iran--
(i) to acquire, develop, or engage in the
proliferation of ballistic missiles or cruise
missiles;
(ii) to support, directly or indirectly,
acts of international terrorism; or
(iii) to commit human rights abuses; and
(B) to assess and report on the use by the
Government of Iran of funds made available through
sanctions relief.
(d) Consultations.--The Coordinator shall consult with Congress,
domestic and international nongovernmental organizations, and
multilateral organizations and institutions as the Coordinator
considers appropriate to fulfill the purposes of this section.
SEC. 15. UNIFIED POLICY ON ARMS AND BALLISTIC AND CRUISE MISSILE SALES
TO IRAN.
It is the sense of Congress that Iran should continue to be
prohibited from undertaking any activity related to ballistic or cruise
missiles capable of delivering nuclear weapons, including launches
using ballistic or cruise missile technology, and United Nations member
states should take all necessary measures to prevent the transfer of
technology or technical assistance to Iran related to such activities.
SEC. 16. INTERNATIONAL ATOMIC ENERGY AGENCY.
(a) Sense of Congress.--It is the sense of Congress that the
International Atomic Energy Agency (IAEA) must have sufficient funding,
manpower, and authority to undertake its verification responsibilities
related to the JCPOA or any other related agreement, and the President
should engage with international partners to ensure that the IAEA
receives the full additional $10,600,000 per year necessary to fulfill
its verification responsibilities under the JCPOA or any other related
agreement.
(b) Report.--Not later than January 10, 2016, and every 180 days
thereafter, the President shall submit to the appropriate congressional
committees a report outlining efforts with international partners to
achieve the goal in subsection (a) and identifying impediments to
achieving the goal.
(c) Authorization.--There are authorized to be appropriated for
fiscal years 2016 through 2026 such sums as may be necessary to meet
the United States annual funding commitments to the IAEA as well as the
United States portion of additional funds needed for the IAEA to
fulfill its verification responsibilities under the JCPOA or any other
related agreement.
SEC. 17. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means the appropriate congressional committees,
the Majority and Minority Leaders of the Senate, and the
Speaker, Majority Leader, and Minority Leader of the House of
Representatives.
(3) Joint comprehensive plan of action.--The term ``Joint
Comprehensive Plan of Action'' means the Joint Comprehensive
Plan of Action signed at Vienna on July 14, 2015, by Iran and
by France, Germany, the Russian Federation, the People's
Republic of China, the United Kingdom, and the United States,
and all implementing materials and agreements related to the
Joint Comprehensive Plan of Action.
(4) Intelligence community.--The term ``intelligence
community'' means the intelligence community specified in or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)). | Iran Policy Oversight Act of 2015 This bill directs the Department of State, the Department of Defense, the Department of the Treasury, and the Director of National Intelligence to submit to Congress every two years a joint 10-year strategy to counter Iranian activities in the Middle East, North Africa, and beyond. The President is authorized to: take appropriate measures to enhance Israel's qualitative military edge, deter Iranian conventional and nuclear threats, and counter non-peaceful Iranian nuclear activities; provide any additional foreign military financing to Israel in FY2018-FY2028 to address Iranian threats; and accelerate co-development and support Israeli development of missile defense systems, and to engage in discussions to bolster Israel's conventional deterrent and deepen intelligence cooperation. The President shall provide assistance to ensure Israel's qualitative military edge and deter Iranian conventional and nuclear threats. It is the sense of Congress that Treasury's Office of Foreign Assets Control should be fully funded to ensure strict enforcement of sanctions against Iranian actors in the areas of ballistic or cruise missile proliferation, terrorism, and human rights abuses, and to ensure effective re-imposition of sanctions in the event of Iran's violation or breach of the Joint Comprehensive Plan of Action (JCPOA). U.S. property sanctions shall be continued against Iranian persons/entities engaged in the proliferation of weapons of mass destruction, including missile proliferation, terrorism, or human rights abuses, until the President makes public a notification that justifies lifting sanctions. The President shall report to Congress every 180 days regarding specified uses of funds by Iran received as part of sanctions relief under the JCPOA. If the President determines that Iran has directed or conducted an act of terrorism against the United States or that Iran has substantially increased its operational or financial support for a terrorist organization that threatens U.S. interests or allies, there shall be an expedited procedure for congressional approval of new sanctions against Iran. The Atomic Energy Act of 1954 is amended to require the President to report to Congress every 180 days regarding Iranian research and development and breakout times. The President shall designate within the State Department a special coordinator for implementation of and compliance with the JCPOA regarding the Iran's nuclear program. It is the sense of Congress that: Iran should continue to be prohibited from undertaking any activity related to ballistic or cruise missiles capable of delivering nuclear weapons; and the International Atomic Energy Agency must have sufficient funding, manpower, and authority to undertake its verification responsibilities related to the JCPOA or any other related agreement. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elgin Stafford Mental Illness
Information Disclosure Act of 2012'' or ``Elgin's Law''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Mental illness is the leading cause of disability, as
reflected in lost years of productive life, in North America,
in Europe, and, increasingly, in the world. By 2020, major
depressive illness will be the leading cause of disability in
the world for women and children.
(2) Mental illnesses strike individuals in the prime of
their lives, often during adolescence and young adulthood. All
ages are susceptible, but the young and the old are especially
vulnerable.
(3) Without treatment, the consequences of mental illness
for the individual and society are staggering, including
unnecessary disability, unemployment, substance abuse,
homelessness, inappropriate incarceration, suicide, wasted
lives, and an economic cost of more than $100 billion each year
in the United States.
(4) The best treatments for serious mental illnesses today
are highly effective so that between 70 and 90 percent of
individuals with serious mental illness have significant
reduction of symptoms and improved quality of life with a
combination of pharmacological and psychosocial treatments and
supports.
(5) Since early identification and treatment is of vital
importance in treating mental illness, especially for children
and young adults, the active, knowledgeable, and sympathetic
involvement of parents and legal guardians is to be encouraged
to the maximum extent practicable, consistent with generally
accepted and established clinical practice.
SEC. 3. DISCLOSURE TO PARENTS AND LEGAL GUARDIANS OF MENTAL ILLNESS
TREATMENT OF CHILDREN UNDER THE AGE OF 26.
(a) In General.--In the case of a covered individual (as defined in
subsection (e)(1)) who is being treated for mental illness by a health
care professional, subject to subsection (b), the health care
professional shall disclose to a parent (if any) of the individual such
information regarding the mental illness and treatment for mental
illness as may be useful for the appropriate involvement of the parent
with respect to the treatment.
(b) Exceptions.--Subsection (a) shall not apply in such exceptional
circumstances as the Secretary may provide by regulation where the
involvement of the parent would be counter-productive to the treatment
involved.
(c) Application of HIPAA Privacy Regulations.--For purposes of
applying the HIPAA privacy regulations, the disclosure of information
under this section shall be treated as a permissible disclosure not
requiring the consent of the covered individual involved.
(d) Publication and Notice on Department Websites.--The Secretary
shall post information on the requirements of this section on such
websites of the Department of Health and Human Services as may be
appropriate to inform the public and health care professionals.
(e) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means an individual who--
(A) is--
(i) a minor child;
(ii) an uninsured adult under the age of
26; or
(iii) an adult under the age of 26 who is
covered as a dependent under the health
benefits coverage of a parent; and
(B) is being treated for mental illness by a health
care professional.
(2) Health benefits coverage.--The term ``health benefits
coverage'' has the meaning given the term ``minimum essential
coverage'' in section 5000A(f)(1) of the Internal Revenue Code
of 1986.
(3) HIPAA privacy regulations.--The term ``HIPAA privacy
regulations'' has the meaning given the term ``HIPAA privacy
regulation'' in section 1180(b)(3) of the Social Security Act
(42 U.S.C. 1320d-9(b)(3)).
(4) Mental illness.--The term ``mental illness'' means a
chronic illness such as schizophrenia, schizoaffective
disorder, bipolar disorder, and major clinical depression, and
such term includes other conditions contained in the Diagnostic
and Statistical Manual of Mental Disorders IV published by the
American Psychiatric Association (or any successor publication
by such Association).
(5) Parent.--The term ``parent'' includes a legal guardian.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) Uninsured.--An individual shall be treated as uninsured
if the individual is not covered under any health benefits
coverage. | Elgin Stafford Mental Illness Information Disclosure Act of 2012 or Elgin's Law - Requires a health care professional to disclose to a parent of a covered individual being treated for a mental illness any information regarding the mental illness and treatment which may be useful for the parent's appropriate involvement with the treatment. Excludes exceptional circumstances where parental involvement would be counter-productive to treatment. Makes such a disclosure permissible under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as not requiring consent of the covered individual.
Applies this Act to a minor child, an uninsured adult under age 26, or an adult under age 26 who is included as a dependent under the parent's health benefits coverage. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Scholarship Opportunities Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A well-trained workforce is essential to meeting the
Nation's growing cybersecurity needs.
(2) A 2015 report by the National Academy of Public
Administration found that the United States faces a severe
shortage of properly trained and equipped cybersecurity
professionals.
(3) A 2015 study of the information security workforce
found that the information security workforce shortfall is
widening.
(4) The National Science Foundation's CyberCorps:
Scholarship-for-Service program is a successful effort to
support capacity building in institutions of higher education
and scholarships for students to pursue cybersecurity careers.
SEC. 3. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.
Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442) is amended--
(1) in subsection (a), by adding at the end the following:
``Scholarship recipients shall include eligible students who
are pursuing an associate's degree in a cybersecurity field
without the intent of transferring to a bachelor's degree
program and either have a bachelor's degree already or are
veterans of the Armed Forces.'';
(2) in subsection (d), by adding at the end the following:
``In the case of a scholarship recipient who is pursuing a
doctoral or master's degree, such agreement may include (if
determined on a case-by-case basis by the Director of the
National Science Foundation to be appropriate and to further
the goals of the scholarship-for-service program) an agreement
for the recipient to work at an institution of higher education
or for a local educational agency teaching cybersecurity skills
for a period equal to the length of the scholarship following
receipt of such degree.'';
(3) in subsection (f)--
(A) by striking paragraph (3) and inserting the
following:
``(3) have demonstrated a high level of competency in
relevant knowledge, skills, and abilities, as described in the
national cybersecurity awareness and education program under
section 401;''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) be a student in an eligible degree program at a
qualified institution of higher education, as determined by the
Director of the National Science Foundation, who is--
``(A) a full-time student; or
``(B) a student who is enrolled for study leading
to a degree on a less than full-time basis but not less
than half-time basis; and'';
(4) by striking subsection (m) and inserting the following:
``(m) Evaluation and Report.--
``(1) In general.--The Director of the National Science
Foundation shall evaluate and make public, in a manner that
protects the personally identifiable information of scholarship
recipients, information on the success of recruiting
individuals for scholarships under this section and on hiring
and retaining those individuals in the public sector workforce,
including on--
``(A) placement rates;
``(B) where students are placed;
``(C) student salary ranges for students not
released from obligations under this section;
``(D) how long after graduation they are placed;
``(E) how long they stay in the positions they
enter upon graduation;
``(F) how many students are released from
obligations;
``(G) what (if any) remedial training needs are
required; and
``(H) the number of determinations permitting
scholarship recipients to fulfill their obligations at
an institution of higher education or local educational
agency pursuant to subsection (d) or in a critical
infrastructure position pursuant to subsection (p)(1),
and the reason for each such determination.
``(2) Regular reports.--The Director of the National
Science Foundation shall submit to Congress a report containing
the information described in paragraph (1) not later than 180
days after the date of enactment of the Cyber Scholarship
Opportunities Act of 2017 and not less than once every 2 years
thereafter.''; and
(5) by adding at the end the following:
``(n) Resources.--The Director of the National Science Foundation
shall work with the Director of the Office of Personnel Management to
establish an online resource center for the CyberCorps community that
consolidates or eliminates other relevant websites, if possible. Such
online resource center shall--
``(1) present up-to-date, accurate information about
existing scholarship programs and job opportunities;
``(2) present a modernized view of cybersecurity careers;
``(3) improve user friendliness; and
``(4) allow prospective job applicants to search positions
by State, salary, and title.
``(o) Cybersecurity at Kindergarten Through Grade 12 Level.--The
Director of the National Science Foundation, in coordination with other
Federal agencies as necessary, shall carry out a program to grow and
improve cybersecurity education at the kindergarten through grade 12
level that--
``(1) increases interest in cybersecurity careers;
``(2) helps students practice correct and safe online
behavior and understand the foundational principles of
cybersecurity; and
``(3) improves teaching methods for delivering
cybersecurity content for kindergarten through grade 12
computer science curricula.
``(p) Critical Infrastructure Protection.--Due to the need for
skilled cybersecurity professionals to protect the Nation's critical
infrastructure, the Director of the National Science Foundation may--
``(1) grant exceptions to students for fulfilling post-
award employment obligations under this section (on a case-by-
case basis and in coordination with other Federal agencies) who
agree to work in a critical infrastructure mission at a Federal
Government corporation or a State, local, or tribal government-
affiliated asset, system, or network that is considered to be
part of a critical infrastructure sector as described in
Presidential Policy Directive-21, issued February 12, 2013
(related to critical infrastructure security and resilience),
or any successor; and
``(2) develop a pilot program to enhance critical
infrastructure protection training for students pursuing
careers in cybersecurity.
``(q) Studies.--The Director of the National Science Foundation, in
coordination with the Director of the Office of Personnel Management,
shall assess--
``(1) the potential benefits and feasibility of granting
scholarship awards under this section to students who do not
possess a bachelor's degree to pursue an associate's degree or
an industry-recognized credential in a cybersecurity field; and
``(2) how scholarship recipients with an agreement to work
at an institution of higher education or local educational
agency are supporting the cyber workforce pipeline.''. | Cyber Scholarship Opportunities Act of 2017 This bill amends the Cybersecurity Enhancement Act of 2014 to require the federal cyber scholarship-for-service program that the National Science Foundation (NSF) coordinates with the Department of Homeland Security to include scholarship recipients who are students pursuing an associate's degree in a cybersecurity field without the intent of transferring to a bachelor's degree program and who either have a bachelor's degree already or are veterans of the Armed Forces. The post-award employment obligations of scholarship recipients pursuing a doctoral or master's degree may include work at an institution of higher education or for a local educational agency teaching cybersecurity skills. Scholarship eligibility factors are revised to include: (1) an individual's skills and abilities under the National Institute of Standards and Technology's national cybersecurity awareness and education program, and (2) students pursuing a degree on a less than full-time but not less than half-time basis. The NSF must work with the Office of Personnel Management to consolidate information about cyber scholarships programs and job opportunities into a single online resource center. The NSF may carry out a program to improve cybersecurity education at the K-12 level. The NSF may: (1) grant exceptions from the post-award employment obligations to students who agree to work in a critical infrastructure mission at a federal government corporation or a state, local, or tribal government-affiliated component of a critical infrastructure sector; or (2) develop a pilot program to enhance critical infrastructure protection training for students pursuing careers in cybersecurity. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Appointee Ethics
Improvement Act''.
SEC. 2. AMENDMENTS TO SECTION 207 OF TITLE 18.
(a) Extension of Post-Employment Ban on Lobbying for Certain Former
Government Employees.--Section 207 of title 18, United States Code, is
amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking ``One-
year'' and inserting ``Two-Year'';
(B) in paragraph (1)--
(i) by striking ``within 1 year after'' and
inserting ``within 2 years after''; and
(ii) by striking ``within 1 year before
such termination''; and
(C) in paragraph (2), by adding at the end the
following:
``(D) Not later than 30 days after a waiver is granted
under subparagraph (C), the waiver shall be published in the
Federal Register and accompanied by a signed statement by the
Director of the Office of Government Ethics describing in
detail the reasons for providing such waiver unless such a
description would compromise national security.'';
(2) in subsection (d)(1), in the matter following
subparagraph (C), by striking ``within 2 years'' and inserting
``within 5 years''; and
(3) in subsection (d)(2)(A), by striking ``in such
position'' and all that follows through ``terminated''.
(b) Lifetime Ban on Representation of Foreign Entities for Certain
High-Level Former Employees.--Section 207(f) of such title is amended--
(1) in paragraph (1), by inserting ``(or, in the case of an
individual described in paragraph (2), at any time)'' after
``within 1 year'';
(2) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) Description of individuals subject to lifetime ban.--
An individual described in this paragraph is any individual who
was--
``(A) employed in a position described under
sections 5312 through 5316 of title 5, United States
Code (relating to the Executive Schedule);
``(B) a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5),
(6), and (7), respectively, of section 3132(a) of title
5, United States Code; or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations.''.
SEC. 3. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS
EMPLOYMENT.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following new section:
``Sec. 220. Prohibition on participation in matter relating to previous
employment
``(a) During the 2-year period beginning on the date an individual
is appointed to a covered position at an agency, any such individual
who has not received a waiver under subsection (b)--
``(1) who participates in any particular matter involving
specific parties that is directly and substantially related to
the individual's former employer or former clients, or
``(2) with respect to any such individual who was a
registered lobbyist under the Lobbying Disclosure Act of 1995,
or who was not a registered lobbyist under such Act but who
engaged in lobbying activity as defined in subsection (c),
during the 2-year period preceding the date of such
appointment, who--
``(A) participates in any particular matter on
which the individual made a lobbying contact (in the
case of a registered lobbyist under such Act), or
engaged in such activity, during such 2-year period,
``(B) participates in the specific issue area in
which such particular matter falls, or
``(C) seeks or accepts employment with any agency
with respect to which the individual made a lobbying
contact (in the case of a registered lobbyist under
such Act), or engaged in such activity, during such 2-
year period,
shall be punished as provided in section 216 of this title.
``(b)(1) The Director of the Office of Management and Budget, in
consultation with the Counsel to the President, may waive the
requirements of subsection (a) with respect to any individual covered
by such subsection if the Director certifies, in writing, to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the appropriate congressional committees of
jurisdiction, that it is in the public interest to grant the waiver.
``(2) For purposes of carrying out paragraph (1)--
``(A) the public interest includes exigent circumstances
relating to public health, public safety, or national security;
``(B) de minimis contact with an agency shall be cause for
a waiver of subsection (a)(2); and
``(C) any waiver shall take effect when the certification
is published in the Federal Register, accompanied by a signed
statement by the Director describing in detail the reasons for
providing the waiver unless such a description would compromise
national security.
``(c)(1) In this section, the term `lobbying activity' means, with
respect to an individual, knowingly making, with the intent to
influence, any communication to or appearance before any officer or
employee of the Federal Government on behalf of another person as an
employee of a lobbying firm or lobbying organization, in connection
with any matter on which such person seeks official action by such
officer or employee of the Federal Government. The previous sentence
applies only with respect to an individual who spends greater than 20%
of the individual's time as an employee of a lobbying firm or lobbying
organization engaged in such lobbying activity.
``(2) In paragraph (1), the term `lobbying firm' means any firm,
corporation, or limited liability company in which--
``(A) employees of the firm in the aggregate make 2 or more
lobbying contacts at any time on behalf of a particular client;
and
``(B) the firm receives or expects to receive from a
particular client for matters related to lobbying activities at
least the amount specified in section 4(a)(3)(A) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the
quarterly period during which registration would be made under
such Act.
``(3) In paragraph (1), the term `lobbying organization' includes
any organization in which--
``(A) employees of the firm in the aggregate make 2 or more
lobbying contacts at any time on its behalf; and
``(B) the organization expends in connection with lobbying
activities at least the amount specified in section 4(a)(3)(B)
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A))
in the quarterly period during which registration would be made
under such Act.
``(4) In this subsection, the term `employee' has the meaning given
such term in section 3(5) of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602(5)).
``(d) In this section, the following definitions apply:
``(1) The term `agency' means an `Executive agency' (as
that term is defined in section 105 of title 5), the Executive
Office of the President, the United States Postal Service, and
the Postal Regulatory Commission, but does not include the
Government Accountability Office.
``(2) The term `covered position'--
``(A) means any--
``(i) full-time, non-career position which
requires appointment by the President or Vice-
President;
``(ii) non-career position within the
Senior Executive Service or other SES-type
system; or
``(iii) position that has been excepted
from the competitive service by reason of being
of a confidential or policymaking character,
including positions under schedule C of subpart
C of part 213 of title 5 of the Code of Federal
Regulations; and
``(B) does not include any individual appointed as
a member of the Senior Foreign Service or solely as a
uniformed service commissioned officer.
``(3) The term `directly and substantially related to
former employer or former clients' means matters in which the
individual's former employer or a former client is a party or
represents a party.
``(4) The term `former client' means any person for whom
the individual served personally as agent, attorney, or
consultant, but does include instances where the service
provided was limited to a speech or similar appearance or
clients of the individual's former employer to whom the
individual did not personally provide services.
``(5) The term `former employer' means any person for whom
the individual has within the 2 years prior to the date of
appointment served as an employee, officer, director, trustee,
or general partner, but does not include any agency or other
entity of the Federal Government, Native American tribe, or any
United States territory or possession.
``(6) The term `lobbying contact' has the meaning given
such term in section 3(8) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1602(8)).
``(7) The term `particular matter' has the meaning given
that term in section 207 and section 2635.402(b)(3) of title 5,
Code of Federal Regulations, or any successor regulation.
``(8) The term `participate' means to participate
personally and substantially.
``(9) The term `particular matter involving specific
parties' has the meaning as set forth in section 2641.201(h) of
title 5, Code of Federal Regulations, or any successor
regulation, except that it shall also include any meeting or
other communication relating to the performance of an
individual's official duties with a former employer or former
client, unless the communication applies to a particular matter
of general applicability and participation in the meeting or
other event is open to all interested parties.''.
(b) Clerical Amendment.--The table of sections of chapter 11 of
title 18, United States Code, is amended by inserting after the item
relating to section 219 the following new item:
``220. Prohibition on participation in matter relating to previous
employment.''.
(c) Application.--The amendments made after subsection (a) shall
apply to any individual appointed to a covered position (as that term
is defined in section 220(d)(2) of title 18, United States Code, as
added by such subsection) after the date of enactment of this Act. | Executive Appointee Ethics Improvement Act This bill lengthens from one to two years the ban on certain senior personnel of the executive branch and independent agencies from lobbying the department or agency in which the person served. If the Director of the Office of Government Ethics decides to waive this restriction, such decision shall be published in the Federal Register unless it would compromise national security. The bill lengthens from two to five years the ban on certain very senior personnel of the executive branch and independent agencies, including the Vice President, from lobbying any office or employee of any department or agency in which such person served. Certain high-level employees of the executive branch are subject to a lifetime ban on knowingly representing a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee. During a two-year period beginning on the date an individual is appointed to a covered position, such individual is banned from participating in any matter involving specific parties that is directly related to the individual's former employer or former clients. Additionally, any individual who was a registered lobbyist or who engaged in lobbying activities during a two-year period prior to appointment is prohibited from participating in any particular matter on which the individual made a lobbying contact or participating in the specific issue area in which the matter falls. The Office of Management and Budget (OMB) may waive these requirements if OMB certifies in writing to various congressional committees that it is in the public interest to grant the waiver. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``So No Innocent Person Ever Repeats
the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''.
SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS.
(a) Inspections.--Section 923(g)(1) of title 18, United States
Code, is amended--
(1) in subparagraph (B)(ii)(I), by striking ``once'' and
inserting ``4 times'';
(2) in subparagraph (C)(i), by striking ``once'' and
inserting ``4 times'';
(3) by redesignating subparagraph (D) as subparagraph (E);
and
(4) by inserting after subparagraph (C), the following:
``(D) If a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector is
found in violation of this chapter, or the related
regulations, the Attorney General shall inspect or
examine the inventory and records of such violator not
less than once each year during the 3 years following
such violation.''.
(b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first
sentence by striking ``firearms at his'' and inserting ``firearms and
ammunition, except on .22 caliber rimfire ammunition, at such
licensee's''.
(c) Penalty Enhancement.--Section 924(a)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) willfully violates section 923(g); or''.
SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS.
(a) Suspensions.--Section 924 of title 18, United States Code, as
amended by section 2(c), is further amended by adding at the end the
following:
``(q) A licensed importer, manufacturer, dealer, or collector who
violates any provision of this chapter, or the related regulations, may
be subject to--
``(1) the revocation of any applicable license;
``(2) the suspension of any applicable license; or
``(3) a fine under this title.''.
(b) Warning Letters; Notices; Fines.--Section 923(g) of title 18,
United States Code, is amended by adding at the end the following:
``(8) If an inspection under paragraph (1) reveals that a licensee
has violated any provision of this chapter, or the related regulations,
the Attorney General shall--
``(A) issue a warning letter to the alleged violator, and
maintain a copy of such letter, along with any written report
prepared by the inspector--
``(i) in the files of the appropriate Director of
Industry Operations; and
``(ii) at the headquarters of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives;
``(B) issue a notice of revocation of the license and
conduct the appropriate proceedings; or
``(C) issue a notice of revocation, suspension, or
imposition of a civil fine, and conduct the appropriate
proceedings.''.
(c) Timeliness of Enforcement Actions.--The Attorney General shall,
by regulation, require the Director of Industry Operations of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final
decision within 120 days from the date on which a notice of revocation,
suspension, or imposition of a civil fine is mailed to a licensee (as
that term is defined in section 103(j)(1) of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note).
(d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of
title 18, United States Code, is amended by striking the period at the
end of the first sentence and inserting ``, and shall not postpone the
effective date of such decision unless so ordered by a United States
district court judge or magistrate who has jurisdiction over the
matter.''.
(e) Enforcement Action not Dependent Upon Criminal Conviction.--
Section 923(f) of title 18, United States Code, is amended by striking
paragraph (4).
SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS.
Section 922(b)(3) of title 18, United States Code, is amended by
striking ``(A) shall not apply'' and all that follows through ``and
(B)''.
SEC. 5. BALLISTICS TESTING OF FIREARMS.
(a) Short Title.--This section may be cited as the ``Technological
Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''.
(b) Purposes.--The purposes of this section are--
(1) to increase public safety by assisting law enforcement
in solving more gun-related crimes and offering prosecutors
evidence to link felons to gun crimes through ballistics
technology;
(2) to provide for ballistics testing of all new firearms
for sale to assist in the identification of firearms used in
crimes;
(3) to require ballistics testing of all firearms in
custody of Federal agencies to assist in the identification of
firearms used in crimes; and
(4) to add ballistics testing to existing firearms
enforcement programs.
(c) Definition of Ballistics.--Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
``(36) Ballistics.--The term `ballistics' means a comparative
analysis of fired bullets and cartridge casings to identify the firearm
from which bullets and cartridge casings were discharged, through
identification of the unique markings that each firearm imprints on
bullets and cartridge casings.''.
(d) Test Firing and Automated Storage of Ballistics Records.--
(1) Amendment.--Section 923 of title 18, United States
Code, is amended by adding at the end the following:
``(m)(1) In addition to the other licensing requirements under this
section, a licensed manufacturer or licensed importer shall--
``(A) test fire firearms manufactured or imported by such
licensees as specified by the Attorney General by regulation;
``(B) prepare ballistics images of the fired bullet and
cartridge casings from the test fire;
``(C) make the records available to the Attorney General
for entry into the electronic database established under
paragraph (3)(B); and
``(D) store the fired bullet and cartridge casings in such
a manner and for such a period as specified by the Attorney
General by regulation.
``(2) Nothing in this subsection creates a cause of action against
any Federal firearms licensee or any other person for any civil
liability except for imposition of a civil penalty under this section.
``(3)(A) The Attorney General shall assist firearm manufacturers
and importers in complying with paragraph (1) by--
``(i) acquiring, installing, and upgrading ballistics
equipment and bullet and cartridge casing recovery equipment to
be placed at locations readily accessible to licensed
manufacturers and importers;
``(ii) hiring or designating sufficient personnel to
develop and maintain a database of ballistics images of fired
bullets and cartridge casings, research, and evaluation;
``(iii) providing education about the role of ballistics as
part of a comprehensive firearm crime reduction strategy;
``(iv) providing for the coordination among Federal, State,
and local law enforcement and regulatory agencies and the
firearm industry to curb firearm-related crime and illegal
firearm trafficking; and
``(v) taking other necessary steps to make ballistics
testing effective.
``(B) The Attorney General shall--
``(i) establish an electronic database--
``(I) through which State and local law enforcement
agencies can promptly access the ballistics records
stored under this subsection, as soon as such
capability is available; and
``(II) that shall not include any identifying
information regarding dealers, collectors, or
purchasers of firearms; and
``(ii) require training for all ballistics examiners.
``(4) The Attorney General shall conduct mandatory ballistics
testing of all firearms obtained or in the possession of their
respective agencies.
``(5) Not later than 3 years after the date of enactment of this
subsection, and annually thereafter, the Attorney General shall submit
to the Committees on the Judiciary of the Senate and the House of
Representatives a report regarding the implementation of this section,
including--
``(A) the number of Federal and State criminal
investigations, arrests, indictments, and prosecutions of all
cases in which access to ballistics records, provided under the
system established under this section and under similar systems
operated by any State, served as a valuable investigative tool
in the prosecution of gun crimes;
``(B) the extent to which ballistics records are accessible
across jurisdictions; and
``(C) a statistical evaluation of the test programs
conducted pursuant to paragraph (4).
``(6) There are authorized to be appropriated to the Department of
Justice $20,000,000 for each of the fiscal years 2005 through 2008 to
carry out this subsection, to be used to--
``(A) install ballistics equipment and bullet and cartridge
casing recovery equipment;
``(B) establish sites for ballistics testing;
``(C) pay salaries and expenses of necessary personnel; and
``(D) conduct related research and evaluation.''.
(2) Effective date.--
(A) In general.--Except as provided in
subparagraphs (A) and (B), the amendment made by
paragraph (1) shall take effect on the date on which
the Attorney General, in consultation with the Board of
the National Integrated Ballistics Information Network,
certifies that the ballistics system used by the
Department of Justice is sufficiently developed to
support mandatory ballistics testing of new firearms.
(B) Ballistics testing.--Section 923(m)(1) of title
18, United States Code, as added by paragraph (1),
shall take effect 2 years after the date of enactment
of this Act.
(C) Effective on date of enactment.--Section
923(m)(4) of title 18, United States Code, as added by
paragraph (1), shall take effect on the date of
enactment of this Act.
(e) Privacy Rights of Law Abiding Citizens.--Ballistics information
of individual guns in any form or database established by this section
may not be used for prosecutorial purposes unless law enforcement
officials have a reasonable belief that a crime has been committed and
that ballistics information would assist in the investigation of that
crime.
SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES.
(a) Gun Crime Task Forces.--
(1) In general.--The Attorney General shall establish,
within each field division of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, a group of inspectors, agents, and
support personnel to be known as the ``gun crime task force''.
(2) Purpose.--The gun crime task forces established
pursuant to paragraph (1) shall investigate, and assist in the
regulation of, and if appropriate, the prosecution of,
licensees (as that term is defined in section 103(j)(1) of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and
unlicensed dealers, who are suspected of violating chapter 44
or 96 of title 18, United States Code.
(b) Authorization of Appropriations.--
(1) Gun crime task forces.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2005
through 2008 to carry out the provisions of subsection (a).
(2) Industry operations.--There are authorized to be
appropriated $25,000,000 for each of the fiscal years 2005
through 2008 to employ additional inspectors, regulators, and
employees in the Industry Operations field divisions of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives. | So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition.
Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate.
Repeals an exemption from Brady Act requirements involving gun sales to instate residents.
Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified.
Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Protection and
Restoration Committee Act''.
SEC. 2. GREAT LAKES PROTECTION AND RESTORATION COMMITTEE.
(a) Establishment.--There is established a committee to be known as
the ``Great Lakes Protection and Restoration Committee'' (hereinafter
referred to in this section as the ``Committee'').
(b) Purpose.--The purpose of the Committee is to conduct a study
and report on programs established and carried out to achieve
restoration goals for the Great Lakes prepared by the Governors of
Great Lakes States and to make recommendations for prioritization of
such goals, legislation and funding to achieve such goals, and
improvement of coordination among programs and governments with respect
to such goals.
(c) Study and Report.--
(1) Study.--The Committee shall conduct a study, based on
restoration goals for the Great Lakes prepared by the Governors
of Great Lakes States, to identify the best methods by which to
protect and restore the Great Lakes. The study shall include--
(A) an analysis of Federal and State funding for
the 10-year period ending on the date of the enactment
of this Act for programs established and carried out to
achieve the restoration goals, including an assessment
of the success of the programs; and
(B) an analysis of the expected accomplishments of
such programs for the 10-year period beginning on the
date of the enactment of this Act based on existing
funding levels for the programs.
(2) Report.--Not later than one year after the date of the
initial meeting of the Committee under subsection (e)(1), the
Committee shall submit to the President, Congress, and the
Governor of each Great Lakes State, and make available to the
national Government of Canada and the Premiers of the Provinces
of Ontario and Quebec, a report that includes--
(A) the results of the study, including a detailed
statement of the findings and conclusions of the
Committee;
(B) recommendations for the prioritization of the
restoration goals for the Great Lakes prepared by the
Governors of the Great Lakes States;
(C) specific benchmarks for the 10-year period
beginning on the date of the enactment of this Act to
measure the achievement of such restoration goals;
(D) recommendations for proposed Federal and State
legislation for obtaining additional authority and
funding as necessary to achieve such restoration goals;
(E) recommendations for methods to improve
coordination among existing Federal, State, local, and
non-governmental programs established to achieve the
restoration goals prepared by the Governors of the
Great Lakes States; and
(F) recommendations for methods to improve
coordination between Federal, State, and local programs
in the United States and the national Government of
Canada and the Governments of the Provinces of Ontario
and Quebec with respect to environmental protection and
restoration activities in the Great Lakes.
(d) Membership.--
(1) Voting members.--The Committee shall be composed of 25
voting members, of whom--
(A) 8 members shall be the Governors of the Great
Lakes States (or designees of the Governors);
(B) 13 members shall be appointed by the President,
of whom--
(i) 1 member shall be a representative of
the Department of the Interior;
(ii) 1 member shall be a representative of
the Corps of Engineers;
(iii) 1 member shall be a representative of
the Great Lakes National Program Office of the
Environmental Protection Agency;
(iv) 1 member shall be a representative of
the National Oceanic and Atmospheric
Administration;
(v) 1 member shall be a representative of
the Department of Agriculture; and
(vi) 8 members shall be chief executives of
cities, counties, or municipalities in the
Great Lakes Region, of whom 1 member shall be
from each Great Lakes State;
(C) 1 member shall be appointed by the Speaker of
the House of Representatives;
(D) 1 member shall be appointed by the minority
leader of the House of Representatives;
(E) 1 member shall be appointed by the President
pro tempore of the Senate; and
(F) 1 member shall be appointed by the minority
leader of the Senate.
(2) Nonvoting members.--The Committee shall include 10
nonvoting members appointed by the President, of whom--
(A) 2 members shall be representatives of the
environmental community;
(B) 2 members shall be representatives of industry;
(C) 2 members shall be representatives of the
scientific community with expertise on the
environmental conditions of the Great Lakes;
(D) 2 members shall be representatives of Indian
tribes located in the Great Lakes Region;
(E) 1 member shall be a United States Commissioner
of the Great Lakes Fishery Commission appointed under
section 3(a)(1) of the Great Lakes Fishery Act of 1956
(16 U.S.C. 932(a)(1)); and
(F) 1 member shall be the Chair of the United
States Section of the International Joint Commission
established by the Boundary Waters Treaty of 1909.
(3) Nonvoting observers.--The Committee may include
nonvoting observers, including--
(A) the Premiers of the Canadian Provinces of
Ontario and Quebec;
(B) a representative of the national Government of
Canada; and
(C) a representative of the Department of State.
(4) Date of appointment.--The appointment of each member of
the Committee shall be made not later than 90 days after the
date of the enactment of this Act.
(5) Term.--A member shall be appointed for the life of the
Committee.
(6) Vacancies.--A vacancy on the Committee--
(A) shall not affect the powers of the Committee;
and
(B) shall be filled in the same manner as the
original appointment was made.
(7) Chairperson and vice chairperson.--The Committee shall
select a Chairperson from among the members of the Committee
described in paragraph (1)(A) and a Vice Chairperson from among
the members of the Committee appointed under clauses (i)
through (v) of paragraph (1)(B).
(8) Compensation.--Members of the Committee shall serve
without pay.
(9) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Meetings.--
(1) Initial.--Not later than 30 days after the date on
which all members of the Committee have been appointed, the
Committee shall hold the initial meeting of the Committee.
(2) Subsequent.--The Committee shall meet at the call of
the Chairperson.
(3) Quorum.--A majority of the voting members of the
Committee described in subsection (d)(1) shall constitute a
quorum, but a lesser number of members may hold hearings.
(f) Powers.--
(1) Hearings.--The Committee may hold hearings, meet and
act, take testimony, and receive evidence as the Committee
considers advisable to carry out this Act.
(2) Information from federal agencies.--
(A) In general.--The Committee may secure directly
from a Federal agency such information as the Committee
considers necessary to carry out this Act.
(B) Provision of information.--On request of the
Chairperson of the Committee, the head of the agency
shall provide the information to the Committee.
(3) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts.--The Committee may accept, use, and dispose of
gifts or donations of services or property.
(g) Staff.--
(1) Appointment.--
(A) Executive director.--The Committee may appoint
and terminate an executive director.
(B) Other staff.--The Chairperson of the Committee
may appoint and terminate such other additional
personnel as are necessary to enable the Committee to
perform the duties of the Committee.
(2) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Committee may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(3) Detail of federal government employees.--
(A) In general.--An employee of the Federal
Government may be detailed to the Committee without
reimbursement.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(4) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(h) Termination.--The Committee shall terminate 90 days after the
date on which the Committee submits the report of the Committee under
subsection (c)(2).
(i) Definitions.--In this Act:
(1) Great lakes.--The term ``Great Lakes'' means Lake Erie,
Lake Huron (including Lake Saint Clair), Lake Michigan, Lake
Ontario, Lake Superior, and the connecting channels of those
lakes, including the Saint Mary's River, the Saint Clair River,
the Detroit River, and the Saint Lawrence River to the Canadian
border.
(2) Great lakes state.--The term ``Great Lakes State''
means each of the States of Illinois, Indiana, Ohio, Michigan,
Minnesota, New York, Pennsylvania, and Wisconsin.
(3) Great lakes region.--The term ``Great Lakes region''
means the region comprised of the Great Lakes States.
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for fiscal year 2005.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until the date of termination of
the Committee under subsection (h). | Great Lakes Protection and Restoration Committee Act - Establishes the Great Lakes Protection and Restoration Committee to: (1) study and report to the President, the Congress, and the Governor of each Great Lakes State on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States; and (2) make recommendations for prioritization of such goals, legislation, and funding to achieve them, and improvement of coordination among programs and governments with respect to them. | [
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] |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The roles of the Department of Defense and the
Department of Homeland Security, and the resources necessary
for homeland defense, are still evolving.
(2) The decision to conduct an additional round of base
closures and realignments in 2005 was developed before the
tragic events of September 11, 2001.
(3) The long-term, costs, and personnel requirements of
Operation Enduring Freedom, Operation Noble Eagle, and
Operation Iraqi Freedom are still unknown.
(4) Additional funds are necessary to adequately supply the
Armed Forces for current missions, while expediting military
transformation.
(5) The Congress will not have the opportunity to
thoroughly review and consider the policy decisions culminating
in the Global Posture Review before decisions regarding the
closure and realignment of military installations will be
required in the 2005 round of base closures and realignments.
(6) The expected costs of implementing and executing base
closures and realignments recommended in the 2005 round is
estimated at $15,000,000,000 and net savings from such base
closures and realignments will not be realized until
approximately 2011.
SEC. 2. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND REALIGNMENT
ROUND.
(a) Submittal of Recommendations Regarding Closure or Realignment
of Military Installations.--Section 2914 of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as added by section 3003 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1345), is amended--
(1) in the section heading, by striking ``2005'' and
inserting ``2007''; and
(2) in subsection (a), by striking ``May 16, 2005,'' and
inserting ``May 16, 2007,''.
(b) Commission Review and Recommendations.--Subsection (d) of such
section is amended--
(1) in paragraphs (1) and (2), by striking ``September 8,
2005'' both places it appears and inserting ``September 8,
2007''; and
(2) in paragraph (6)--
(A) by striking ``in 2005'' and inserting ``under
this section''; and
(B) by striking ``July 1, 2005'' and inserting
``July 1, 2007''.
(c) Review by President and Transmittal to Congress.--Subsection
(e) of such section is amended--
(1) in paragraph (1)--
(A) by striking ``in 2005'' and inserting ``under
this section''; and
(B) by striking ``September 23, 2005'' and
inserting ``September 23, 2007'';
(2) in paragraph (2), by striking ``October 20, 2005'' and
inserting ``October 20, 2007''; and
(3) in paragraph (3), by striking ``November 7, 2005'' and
inserting ``November 7, 2007''.
(d) Conforming Amendments.--(1) Section 2904(a)(3) of the Defense
Base Closure and Realignment Act of 1990 is amended by striking ``in
the 2005 report'' and inserting ``in a report submitted after 2001''.
(2) Section 2906(e) of such Act is amended by striking ``2005'' and
inserting ``2007''.
(3) Section 2906A of such Act is amended--
(A) in the section heading, by striking ``2005'' and
inserting ``2007''; and
(B) by striking ``2005'' each place it appears and
inserting ``2007''.
(4) Section 2912 of such Act is amended--
(A) in the section heading, by striking ``2005'' and
inserting ``2007'';
(B) in subsection (a)(4), by striking ``fiscal year 2006''
and inserting ``fiscal year 2008'';
(C) in subsections (b)(2) and (d), by striking ``in 2005''
each place it appears and inserting ``under section 2914'';
(D) in subsection (d), by striking ``March 15, 2005'' both
places it appears and inserting ``March 15, 2007'';
(E) in subsection (d)(4), by striking ``calendar year 2005
and shall terminate on April 15, 2006'' and inserting
``calendar year 2007 and shall terminate on April 15, 2008'';
and
(F) in subsection (d)(5), by striking ``second session of
the 108th Congress for the activities of the Commission in
2005'' and inserting ``second session of the 109th Congress for
the activities of the Commission under section 2914''.
(5) Section 2913 of such Act is amended--
(A) in the section heading, by striking ``2005'' and
inserting ``2007'';
(B) by striking ``in 2005'' each place it appears and
inserting ``under section 2914'';
(C) in subsection (e), by striking ``March 15, 2004'' and
inserting ``March 15, 2006''. | Amends the Defense Base Closure and Realignment Act of 1990 to postpone until: (1) 2007 the implementation of recommendations for military base closures and realignments currently scheduled for 2005; and (2) corresponding dates two years later certain dates for reviews, recommendations, and reports related to to such closures and realignments. | [
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] |
SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended by inserting after section 393 the following
section:
``prevention of traumatic brain injury
``Sec. 393A. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may carry
out projects to reduce the incidence of traumatic brain injury. Such
projects may be carried out by the Secretary directly or through awards
of grants or contracts to public or nonprofit private entities. The
Secretary may directly or through such awards provide technical
assistance with respect to the planning, development, and operation of
such projects.
``(b) Certain Activities.--Activities under subsection (a) may
include--
``(1) the conduct of research into identifying effective
strategies for the prevention of traumatic brain injury; and
``(2) the implementation of public information and education
programs for the prevention of such injury and for broadening the
awareness of the public concerning the public health consequences
of such injury.
``(c) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
``(d) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.''.
SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following paragraph:
``(4) the authority to make awards of grants or contracts to
public or nonprofit private entities for the conduct of basic and
applied research regarding traumatic brain injury, which research
may include--
``(A) the development of new methods and modalities for the
more effective diagnosis, measurement of degree of injury,
post-injury monitoring and prognostic assessment of head injury
for acute, subacute and later phases of care;
``(B) the development, modification and evaluation of
therapies that retard, prevent or reverse brain damage after
acute head injury, that arrest further deterioration following
injury and that provide the restitution of function for
individuals with long-term injuries;
``(C) the development of research on a continuum of care
from acute care through rehabilitation, designed, to the extent
practicable, to integrate rehabilitation and long-term outcome
evaluation with acute care research; and
``(D) the development of programs that increase the
participation of academic centers of excellence in head injury
treatment and rehabilitation research and training.''; and
(2) in subsection (h), by adding at the end the following
paragraph:
``(4) The term `traumatic brain injury' means an acquired
injury to the brain. Such term does not include brain dysfunction
caused by congenital or degenerative disorders, nor birth trauma,
but may include brain injuries caused by anoxia due to near
drowning. The Secretary may revise the definition of such term as
the Secretary determines necessary.''.
SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
Part E of title XII of the Public Health Service Act (42 U.S.C.
300d-51 et seq.) is amended by adding at the end the following section:
``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING
TRAUMATIC BRAIN INJURY.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, may make grants to
States for the purpose of carrying out demonstration projects to
improve access to health and other services regarding traumatic brain
injury.
``(b) State Advisory Board.--
``(1) In general.--The Secretary may make a grant under
subsection (a) only if the State involved agrees to establish an
advisory board within the appropriate health department of the
State or within another department as designated by the chief
executive officer of the State.
``(2) Functions.--An advisory board established under paragraph
(1) shall advise and make recommendations to the State on ways to
improve services coordination regarding traumatic brain injury.
Such advisory boards shall encourage citizen participation through
the establishment of public hearings and other types of community
outreach programs. In developing recommendations under this
paragraph, such boards shall consult with Federal, State, and local
governmental agencies and with citizens groups and other private
entities.
``(3) Composition.--An advisory board established under
paragraph (1) shall be composed of--
``(A) representatives of--
``(i) the corresponding State agencies involved;
``(ii) public and nonprofit private health related
organizations;
``(iii) other disability advisory or planning groups
within the State;
``(iv) members of an organization or foundation
representing traumatic brain injury survivors in that
State; and
``(v) injury control programs at the State or local
level if such programs exist; and
``(B) a substantial number of individuals who are survivors
of traumatic brain injury, or the family members of such
individuals.
``(c) Matching Funds.--
``(1) In general.--With respect to the costs to be incurred by
a State in carrying out the purpose described in subsection (a),
the Secretary may make a grant under such subsection only if the
State agrees to make available, in cash, non-Federal contributions
toward such costs in an amount that is not less than $1 for each $2
of Federal funds provided under the grant.
``(2) Determination of amount contributed.--In determining the
amount of non-Federal contributions in cash that a State has
provided pursuant to paragraph (1), the Secretary may not include
any amounts provided to the State by the Federal Government.
``(d) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
``(e) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
``(f) Report.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall submit to the Committee
on Commerce of the House of Representatives, and to the Committee on
Labor and Human Resources of the Senate, a report describing the
findings and results of the programs established under this section,
including measures of outcomes and consumer and surrogate satisfaction.
``(g) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 1997 through 1999.''.
SEC. 4. STUDY; CONSENSUS CONFERENCE.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
appropriate agencies of the Public Health Service, shall conduct a
study for the purpose of carrying out the following with respect to
traumatic brain injury:
(A) In collaboration with appropriate State and local
health-related agencies--
(i) determine the incidence and prevalence of traumatic
brain injury; and
(ii) develop a uniform reporting system under which
States report incidents of traumatic brain injury, if the
Secretary determines that such a system is appropriate.
(B) Identify common therapeutic interventions which are
used for the rehabilitation of individuals with such injuries,
and shall, subject to the availability of information, include
an analysis of--
(i) the effectiveness of each such intervention in
improving the functioning of individuals with brain
injuries;
(ii) the comparative effectiveness of interventions
employed in the course of rehabilitation of individuals
with brain injuries to achieve the same or similar clinical
outcome; and
(iii) the adequacy of existing measures of outcomes and
knowledge of factors influencing differential outcomes.
(C) Develop practice guidelines for the rehabilitation of
traumatic brain injury at such time as appropriate scientific
research becomes available.
(2) Dates certain for reports.--
(A) Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Commerce of the House of Representatives, and to
the Committee on Labor and Human Resources of the Senate, a
report describing the findings made as a result of carrying out
paragraph (1)(A).
(B) Not later than 3 years after the date of the enactment
of this Act, the Secretary shall submit to the Committees
specified in subparagraph (A) a report describing the findings
made as a result of carrying out subparagraphs (B) and (C) of
paragraph (1).
(b) Consensus Conference.--The Secretary, acting through the
Director of the National Center for Medical Rehabilitation Research
within the National Institute for Child Health and Human Development,
shall conduct a national consensus conference on managing traumatic
brain injury and related rehabilitation concerns.
(c) Definition.--For purposes of this section, the term ``traumatic
brain injury'' means an acquired injury to the brain. Such term does
not include brain dysfunction caused by congenital or degenerative
disorders, nor birth trauma, but may include brain injuries caused by
anoxia due to near drowning. The Secretary may revise the definition of
such term as the Secretary determines necessary.
(d) Authorizations of Appropriations.--For the purpose of carrying
out subsection (a)(1)(A), there is authorized to be appropriated
$3,000,000 for each of the fiscal years 1997 through 1999. For the
purpose of carrying out the other provisions of this section, there is
authorized to be appropriated an aggregate $500,000 for the fiscal
years 1997 through 1999. Amounts appropriated for such other provisions
remain available until expended.
SEC. 5. TECHNICAL AMENDMENTS.
Title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et
seq.), as amended by Public Law 104-146 (the Ryan White CARE Act
Amendments of 1996), is amended--
(1) in section 2626--
(A) in subsection (d), in the first sentence, by striking
``(1) through (5)'' and inserting ``(1) through (4)''; and
(B) in subsection (f), in the matter preceding paragraph
(1), by striking ``(1) through (5)'' and inserting ``(1)
through (4)''; and
(2) in section 2692--
(A) in subsection (a)(1)(A)--
(i) by striking ``title XXVI programs'' and inserting
``programs under this title''; and
(ii) by striking ``infection and''; and
(B) by striking subsection (c) and all that follows and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) Schools; centers.--For the purpose of grants under
subsection (a), there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1996 through 2000.
``(2) Dental schools.--For the purpose of grants under
subsection (b), there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1996 through
2000.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Public Health Service Act to authorize grants and contracts for research and public information projects to reduce the incidence of traumatic brain injury.
(Sec. 2) Requires the National Institutes of Health's trauma research program to include the authority to award grants or contracts for basic and applied traumatic brain injury research.
(Sec. 3) Authorizes grants to States for demonstration projects to improve access to health and other services regarding traumatic brain injury. Requires State establishment of an advisory board. Authorizes appropriations.
(Sec. 4) Mandates a study concerning traumatic brain injuries and a national consensus conference on managing traumatic brain injury and rehabilitation. Authorizes appropriations. | [
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] |
SECTION 1. DISPERSE ORANGE 30, DISPERSE BLUE 79:1, DISPERSE RED 167:1,
DISPERSE YELLOW 64, DISPERSE RED 60, DISPERSE BLUE 60,
DISPERSE BLUE 77, DISPERSE YELLOW 42, DISPERSE RED 86,
AND DISPERSE RED 86:1.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.39 Propanenitrile, Free No change No change On or before 12/
3-[[2- 31/2007
(acetyloxy)-
ethyl][4-[(2,6-
dichloro -4-
nitro-
phenyl)azo]-
phenyl]amino]-
(CAS No. 5261-
31-4) (provided
for in
subheading
3204.12.50)....
`` 9902.32.40 Acetamide, N-[5- Free No change No change On or before 12/
[bis[2- 31/2007
(acetyloxy)ethy
l]amino]-2-[(2-
bromo-4,6-
dinitrophenyl)-
azo]-4-
methoxyphenyl]-
(CAS No. 3618-
72-2) (provided
for in
subheading
3204.12.50)....
`` 9902.32.41 Acetamide, N-[5- Free No change No change On or before 12/
[bis[2- 31/2007
(acetyloxy)-
ethyl]amino]-2-
[(2-chloro-4-
nitrophenyl)azo
]phenyl]- (CAS
No. 1533-78-4)
(provided for
in subheading
3204.11.50)....
`` 9902.32.42 1H-Indene- Free No change No change On or before 12/
1,3(2H)-dione, 31/2007
2-(4-bromo-3-
hydroxy-2-
quinolinyl)-
(CAS No. 10319-
14-9) (provided
for in
subheading
3204.11.50)....
`` 9902.32.43 9,10-Anthra- Free No change No change On or before 12/
cenedione, 1- 31/2007
amino-4-hydroxy-
2-phenoxy- (CAS
No. 17418-58-5)
(provided for
in subheading
3204.11.50)....
`` 9902.32.45 1H-Naphth[2,3- Free No change No change On or before 12/
f]isoindole- 31/2007
1,3,5,10(2H)-
tetrone, 4,11-
diamino-2-(3-
methoxypropyl)-
(CAS No. 12217-
80-0) (provided
for in
subheading
3204.11.50)....
`` 9902.32.47 9,10- Free No change No change On or before 12/
Anthracenedione 31/2007
, 1,8-dihydroxy-
4-nitro-5-
(phenylamino)-
(CAS No. 20241-
76-3) (provided
for in
subheading
3204.11.50)....
`` 9902.32.48 Benzenesulfonami Free No change No change On or before 12/
de, 3-nitro-N- 31/2007
phenyl-4-
(phenylamino)-
(CAS No. 5124-
25-4) (provided
for in
subheading
3204.11.50)....
`` 9902.32.51 Benzenesulfonami Free No change No change On or before 12/
de, N-(4-amino- 31/2007
9,10-dihydro-3-
methoxy-9,10-
dioxo-1-
anthracenyl)-4-
methyl- (CAS
No. 81-68-5)
(provided for
in subheading
3204.11.50)....
`` 9902.32.52 Benzenesulfonami Free No change No change On or before 12/
de, N-(4-amino- 31/2007 ''
9,10-dihydro-3- .
methoxy-9,10-
dioxo-1-
anthracenyl)
(CAS No. 69563-
51-5) (provided
for in
subheading
3204.11.50)....
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the enactment
of this Act. | Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2007, the duty on Disperse Orange 30, Disperse Blue 79:1, Disperse Red 167:1, Disperse Yellow 64, Disperse Red 60, Disperse Blue 60, Disperse Blue 77, Disperse Yellow 42, Disperse Red 86, and Disperse Red 86:1. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing for Tomorrow's Schools Act
of 2014''.
SEC. 2. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of the Treasury, in consultation
with the Secretary of Education, may enter into cooperative
agreements with States for the establishment of State
infrastructure banks and multistate infrastructure banks for
making loans--
(A) to local educational agencies for building or
repairing elementary or secondary schools which provide
free public education (as such terms are defined in
section 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801));
(B) to public libraries for building or repairing
library facilities;
(C) to eligible charter school entities for use for
the objective described in section 5224(2) of such Act
(20 U.S.C. 7223c(2)) consistent with subpart 2 of part
B of title V of such Act (20 U.S.C. 7223 et seq.); and
(D) to community learning centers to connect and
improve broadband services.
(2) Interstate compacts.--Congress grants consent to two or
more of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary of the Treasury for the
establishment of a multistate infrastructure bank, to enter
into an interstate compact establishing such bank in accordance
with this section.
(b) Funding.--The Secretary of the Treasury, in consultation with
the Secretary of Education, shall make grants to State infrastructure
banks and multistate infrastructure banks in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section. Each bank shall apply repayments of
principal and interest on loans to the making of additional loans. The
Secretary shall take final action on an application for a grant under
this subsection within 90 days of the date of the submission of such
application.
(c) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the bank under subsection (b);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds and issue debt instruments of the State for purposes of
leveraging the funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(5) ensure that any loan from the bank to an eligible
charter school entity, local educational agency, public
library, or community learning center will bear interest at or
below the lowest interest rates being offered for bonds the
income from which is exempt from Federal taxation, as
determined by the State, to make the project that is the
subject of the loan feasible;
(6) ensure that repayment of any loan from the bank to an
eligible charter school entity, local educational agency,
public library, or community learning center will commence not
later than 1 year after the project has been completed;
(7) ensure that the term for repaying any loan to an
eligible charter school entity, local educational agency,
public library, or community learning center will not exceed 30
years after the date of the first payment on the loan under
paragraph (5);
(8) ensure that the funds loaned annually that are used
under subsection (a)(1)(C) are limited to a percentage of the
total funds loaned that does not exceed the percentage of
elementary and secondary school students in the State enrolled
in charter schools during the most recent school year for which
enrollment data are available;
(9) ensure that the funds loaned annually under subsection
(a)(1)(D) are used exclusively to connect and improve broadband
services; and
(10) require the bank to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans in an amount equal to all or part
of the cost of carrying out a project eligible for assistance
under this section.
(2) Applications for loans.--An application to an
infrastructure bank for a loan shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements;
(D) a description of how work undertaken with the
loan will promote the conservation of energy, water, or
waste; and
(E) such other information as the infrastructure
bank may require.
An infrastructure bank shall take final action on a completed
application submitted to it within 90 days after the date of
its submission.
(3) Criteria for loans.--In considering applications for a
loan to an eligible charter school entity, local educational
agency, public library, or community learning center, an
infrastructure bank shall consider--
(A) the extent to which the eligible charter school
entity, local educational agency, public library, or
community learning center involved lacks the fiscal
capacity, including the ability to raise funds through
the full use of such agency's bonding capacity and
otherwise, to undertake the project for which the loan
would be used without the loan;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
project poses to the safety and well-being of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project;
(D) the age of such facility; and
(E) demonstrated need to connect and improve
broadband services in the local community.
(e) Qualifying Projects.--
(1) In general.--Subject to subsection (a)(1), a project is
eligible for a loan from an infrastructure bank if it is a
project that consists of--
(A) the construction of new elementary or secondary
schools to meet the needs imposed by enrollment growth;
(B) the repair, rebuilding, or upgrading of
classrooms or structures related to academic learning,
including the repair of leaking roofs, crumbling walls,
inadequate plumbing, poor ventilation equipment, and
inadequate heating or light equipment;
(C) an activity to increase physical safety at the
educational facility involved;
(D) an activity to enhance the educational facility
involved to provide access for students, teachers, and
other individuals with disabilities;
(E) an activity to address environmental or health
hazards at the educational facility involved, such as
poor ventilation, indoor air quality, or lighting;
(F) the provision of basic infrastructure that
facilitates educational technology, such as
communications outlets, electrical systems, power
outlets, or a communication closet;
(G) work that will bring an educational facility
into conformity with the requirements of--
(i) environmental protection or health and
safety programs mandated by Federal, State, or
local law if such requirements were not in
effect when the facility was initially
constructed; and
(ii) hazardous waste disposal, treatment,
and storage requirements mandated by the
Resource Conservation and Recovery Act of 1976
or similar State laws;
(H) work that will enable efficient use of
available energy resources;
(I) work that will reduce reliance on fossil fuels
and expand use of solar power, wind power, and other
renewable energy resources;
(J) work to detect, remove, or otherwise contain
asbestos hazards in educational facilities;
(K) work to construct new public library facilities
or repair or upgrade existing public library
facilities;
(L) work to connect entities described in
subsection (a)(1) to broadband services, and to improve
such connections for such entities; or
(M) measures designed to reduce or eliminate human
exposure to classroom noise and environmental noise
pollution.
(2) Davis-bacon.--The wage requirements of the Act of March
3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a
et seq.) shall apply with respect to individuals employed on
the projects described in paragraph (1).
(3) Green practices.--An entity using a loan under this
section to fund a new construction or renovation project
described in paragraph (1) shall ensure that the project is
certified, verified, or consistent with State laws,
regulations, and any applicable provisions of--
(A) the LEED Green Building Rating System;
(B) Living Building Challenge;
(C) the CHPS green building rating program
developed by the Collaborative for High Performance
Schools; or
(D) a program that--
(i) has equivalent or more stringent
standards;
(ii) is adopted by the State or another
jurisdiction with authority over the entity;
and
(iii) includes a verifiable method to
demonstrate compliance with such program.
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available.
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited towards the non-Federal share of the cost
of any project.
(h) Secretarial Requirements.--In administering this section, the
Secretary of the Treasury shall specify procedures and guidelines for
establishing, operating, and providing assistance from an
infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(k) Program Administration.--For each of fiscal years 2015 through
2019, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(l) Secretarial Review.--The Secretary of the Treasury shall review
the financial condition of each infrastructure bank established under
this section and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(m) Authorization of Appropriations.--For grants to States for the
initial capitalization of infrastructure banks there are authorized to
be appropriated $500,000,000 for fiscal year 2015 and for each of the 4
succeeding fiscal years.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Community learning center.--The term ``community
learning center'' has the meaning given such term in section
4201(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7171(b)(1)).
(2) Eligible charter school entity.--The term ``eligible
charter school entity'' means--
(A) a charter school (as defined in section 5210 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7221i)); or
(B) a developer (as so defined) that has applied to
an authorized public chartering agency (as so defined)
to operate a charter school.
(3) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools.
(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs for
which specific eligibility is not provided to such school in
another provision of law and such school does not have a
student population that is smaller than the student population
of the local educational agency receiving assistance under this
Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
(4) Outlying area.--The term ``outlying area'' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(5) Public library.--The term ``public library'' means a
library that serves free of charge all residents of a
community, district, or region, and receives its financial
support in whole or in part from public funds. Such term also
includes a research library, which, for the purposes of this
sentence, means a library that--
(A) makes its services available to the public free
of charge;
(B) has extensive collections of books,
manuscripts, and other materials suitable for scholarly
research which are not available to the public through
public libraries;
(C) engages in the dissemination of humanistic
knowledge through services to readers, fellowships,
educational and cultural programs, publication of
significant research, and other activities; and
(D) is not an integral part of an institution of
higher education.
(6) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas. | Investing for Tomorrow's Schools Act of 2014 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states to establish state and multistate infrastructure banks that make loans to local educational agencies, public libraries, and charter schools or their developers to construct or renovate public elementary or secondary schools and public libraries. Requires loans also to community learning centers to connect and improve broadband services. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Directs the Secretary to make grants to such banks to provide initial capital for such loans. Requires states to contribute from nonfederal sources at least 25% of the amount of each federal capitalization grant made to the state and contributed to the bank. Lists types of projects eligible for such bank loans. Requires borrowers to use, to the maximum extent practicable, green construction or renovation practices that are consistent with: (1) Leadership in Energy and Environmental Design (LEED) green building rating standards, (2) Energy Star standards, (3) Collaborative for High Performance Schools (CHPS) criteria, (4) Green Building Initiative environmental design and rating standards (Green Globes), or (5) equivalent standards adopted by the entities that have jurisdiction over them. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delphi Pensions Restoration Act of
2012''.
SEC. 2. SALE OF TROUBLED ASSETS TO FUND CERTAIN PENSION BENEFITS.
(a) In General.--Subsection (d) of section 106 of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5216) is amended to read
as follows:
``(d) Disposition of Revenues.--
``(1) Transfer to treasury.--Except as provided in
paragraph (2), revenues of, and proceeds from the sale of
troubled assets purchased under this Act, or from the sale,
exercise, or surrender of warrants or senior debt instruments
acquired under section 113 shall be paid into the general fund
of the Treasury for reduction of the public debt.
``(2) Funding of certain pension benefits.--Proceeds from
the sale or transfer, after the date of the enactment of the
Delphi Pensions Restoration Act of 2012, of any stock, warrant,
or financial instrument acquired by the Secretary in connection
with providing financial assistance to the General Motors
Corporation under this Act shall be transferred to the Delphi
Retired Employees Fund established under section 3 of such
Act.''.
SEC. 3. DELPHI RETIRED EMPLOYEES FUND.
(a) Establishment of Fund.--There is established on the books of
the Treasury of the United States a Delphi Retired Employees Fund
(hereinafter in this section referred to as the ``Fund'') to be used by
the Secretary of the Treasury in making the payments required under
subsection (b).
(b) Payments From the Fund.--The Fund shall be available--
(1) for paying to each eligible separated employee (on a
lump sum basis, if appropriate) an amount equal to--
(A) the nonforfeitable benefits to which such
employee was entitled under a defined benefit plan
described in subsection (d) as in effect immediately
before the termination of the plan, but which are not
payable to such employee by reason of the termination
of the plan; reduced by
(B) the amounts paid to such employee by the
Pension Benefit Guaranty Corporation under section
4022(a) of the Employee Retirement Security Act of 1974
(29 U.S.C. 1322(a)); and
(2) for paying the operational and administrative expenses
in connection with the operation of the Fund, including
reimbursement of expenses incurred by the Pension Benefit
Guaranty Corporation in connection with the information sharing
requirements of subsection (e).
(c) Eligible Separated Employee.--For purposes of this section, the
term ``eligible separated employee'' means any individual--
(1) who is separated from employment with Delphi
Corporation before the date of the enactment of this Act;
(2) who was a participant in a defined benefit plan
described in subsection (d); and
(3) who is not covered by any agreement between the General
Motors Corporation and participants in such a defined benefit
plan under which the General Motors Corporation provides to the
participants that are covered by the agreement a payment of
nonforfeitable benefits in an amount equal to the amount that
such participants would have been entitled to receive under the
plan but for the termination of such plan.
(d) Defined Benefit Plans Described.--A defined benefit plan
described in this subsection is a defined benefit plan--
(1) that was terminated before the date of the enactment of
this Act pursuant to a proceeding under title 11, United States
Code;
(2) that was sponsored by the Delphi Corporation before the
date of such termination; and
(3) with respect to which the Pension Benefit Guaranty
Corporation is administering, as of such date of enactment, the
payment of the nonforfeitable benefits guaranteed under section
4022(a) of the Employee Retirement Security Act of 1974 (29
U.S.C. 1322(a)).
(e) Information Sharing by Pension Benefit Guaranty Corporation.--
The Pension Benefit Guaranty Corporation shall provide to the Secretary
of the Treasury such information as the Secretary of the Treasury may
request to assist in determining the amount of each payment required to
be made under subsection (b)(1).
(f) Investment of the Fund.--Whenever the Secretary of the Treasury
determines that the moneys of the Fund are in excess of current needs,
the Secretary of the Treasury may invest such amounts as such Secretary
deems advisable in obligations issued or guaranteed by the United
States. Earnings on investment under the preceding sentence shall be
credited to the Fund.
SEC. 4. APPLICATION TO PENDING LITIGATION.
Nothing in this Act shall be construed to invalidate, vitiate, or
otherwise interfere with any legal or administrative proceeding
initiated prior to the date of the enactment of this Act. | Delphi Pensions Restoration Act of 2012 - Amends the Emergency Economic Stabilization Act of 2008 to require transfer to the Delphi Retired Employees Fund of all proceeds from the sale or transfer, after enactment of this Act, of any stock, warrant, or financial instrument acquired by the Secretary of the Treasury in connection with providing financial assistance to the General Motors Corporation (GM).
Establishes the Delphi Retired Employees Fund in the Treasury for payments to eligible employees separated from Delphi Corporation who participated in a now terminated Delphi-sponsored defined benefit plan, but who are not covered by any agreement between GM and participants in another defined benefit plan under which GM pays covered participants nonforfeitable benefits equal to the amount they would have been entitled to receive under the plan but for the plan's termination.
Makes the Fund available to pay each eligible separated employee an amount equal to such nonforfeitable benefits, reduced by any amounts already paid the employee by the Pension Benefit Guaranty Corporation (PBGC) under the Employee Retirement Security Act of 1974 (ERISA). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SuperPAC Elimination Act of 2017''.
SEC. 2. ELIMINATION OF CERTAIN CONTRIBUTIONS LIMITATIONS.
(a) Purpose.--The purpose of this section is to allow unlimited
direct contributions by citizens and lawful permanent residents of the
United States to candidates in Federal elections.
(b) Elimination of Limitations.--Section 315(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and redesignating
subparagraphs (B), (C), and (D) as subparagraphs (A),
(B), and (C), respectively; and
(B) in subparagraph (B), as redesignated by
subparagraph (A), by striking ``(other than a committee
described in subparagraph (D))'' and inserting ``(other
than an authorized political committee of a candidate
or a committee described in subparagraph (C))'';
(2) in paragraph (2)--
(A) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively; and
(B) in subparagraph (B), as redesignated by
subparagraph (A), by inserting ``(other than an
authorized political committee of a candidate)'' after
``political committee''; and
(3) by striking paragraph (3).
(c) Conforming Amendments.--
(1) Section 315(a) of such Act (52 U.S.C. 30116(a)) is
amended by striking paragraph (6).
(2)(A) Section 315(c) of such Act (52 U.S.C. 30116(c)) is
amended--
(i) by striking ``(a)(1)(B), (a)(3),'' in paragraph
(1)(B)(i);
(ii) by striking ``, (a)(1)(B), (a)(3),'' in
subparagraph (1)(C); and
(iii) by striking ``, (a)(1)(B), (a)(3),'' in
paragraph (2)(B)(ii).
(B) Section 304(i)(3)(B) of such Act (52 U.S.C.
30104(i)(3)(B)) is amended by striking ``, (a)(1)(B),
(a)(3),''.
(3) Section 323(e)(1)(B)(i) of such Act (52 U.S.C.
30125(e)(1)(B)(i)) is amended by striking ``contributions to
candidates and political committees under paragraphs (1), (2),
and (3)'' and inserting ``contributions to political committees
under paragraphs (1) and (2)''.
SEC. 3. 24-HOUR NOTIFICATION REQUIRED FOR ALL DIRECT CONTRIBUTIONS TO
CANDIDATES.
Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(a)(6)(A)) is amended to read as follows:
``(A) In general.--
``(i) If a candidate receives an aggregate
amount of contributions in excess of $200 from
any contributor during a calendar year, the
principal campaign committee of such candidate
shall submit to the Secretary or the
Commission, and the Secretary of State, as
appropriate, in writing, a notification
containing the name of the candidate and office
sought by the candidate, the identification of
the contributor, and the date of the receipt
and amount of the contribution.
``(ii) If, at any time after a candidate is
required to submit a notification under this
subparagraph with respect to a contributor
during a calendar year, the candidate receives
additional contributions from that contributor
during that year, the principal campaign
committee of the candidate shall submit an
additional notification under clause (i) with
respect to such contributor.
``(iii) The principal campaign committee of
the candidate shall submit the notification
required under this subparagraph with respect
to a contributor--
``(I) in the case of a notification
described in clause (i), not later than
24 hours after the date on which the
aggregate amount of contributions
received from the contributor during
the calendar year exceeds $200; or
``(II) in the case of an additional
notification described in clause (ii),
not later than 24 hours after the date
of the contribution.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to contributions made
for elections occurring after the date of the enactment of this Act. | SuperPAC Elimination Act of 2017 This bill amends the Federal Election Campaign Act of 1971 to: (1) eliminate the limitations on direct contributions from individuals and political committees to candidates in federal elections; and (2) require 24-hour notification to the Secretary of the Senate or the Federal Election Commission, and the Secretary of State, as appropriate, for all direct contributions to candidates in excess of $200. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Abuse Prevention and
Treatment Act of 2014''.
SEC. 2. PILOT PROJECT.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall award grants to
one or more States to carry out a 1-year pilot project to develop a
standardized peer review process and methodology to review and evaluate
prescribing and pharmacy dispensing patterns, through a review of
prescription drug monitoring programs (referred to in this section as
``PDMP'') in the States receiving such grants.
(b) Methodology.--The recipients of a grant under this section
shall develop a systematic, standardized methodology to identify and
investigate questionable or inappropriate prescribing and dispensing
patterns of substances on schedule II or III under section 202 of the
Controlled Substances Act (21 U.S.C. 812). Such peer review methodology
and prescribing and dispensing patterns shall be shared with the
appropriate State regulators and health profession boards.
(c) Requirements.--A State receiving a grant under this section--
(1) with respect to controlled substances for which a
prescriber is required to be registered with by the Drug
Enforcement Administration in order to prescribe such
controlled substances, shall make the information with respect
to such controlled substances from the PDMP available to State
regulators and licensing boards; and
(2) with respect to any other controlled substances, may
make the information with respect to such controlled substances
from the PDMP available to State regulators and licensing
boards.
(d) Subgrantees.--A quality improvement organization with which the
Secretary has entered into a contract under part B of title XI of the
Social Security Act (42 U.S.C. 1320c et seq.) may serve as the
subgrantee under this subsection to develop peer review processes as
described in subsection (a).
SEC. 3. PRESCRIPTION DRUG, HEROIN, AND OTHER CONTROLLED SUBSTANCE ABUSE
PREVENTION.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g) is amended by adding at the end the following:
``SEC. 399V-6. PRESCRIPTION DRUG, HEROIN, AND OTHER CONTROLLED
SUBSTANCE ABUSE PREVENTION.
``(a) Training Grants.--
``(1) In general.--The Secretary shall award 5-year grants
to eligible entities to facilitate training in order to
increase the capacity of health care providers to conduct
patient screening, brief interventions, and referral to
treatment as needed, such as in health care settings to prevent
the abuse of prescription drugs, heroin, and other controlled
substances. The grant program under this section may be
coordinated with the Screening Brief Intervention and Referral
to Treatment grant program of the Substance Abuse and Mental
Health Services Administration, or other appropriate programs.
``(2) Eligible entities.--In this subsection, the term
`eligible entity' includes--
``(A) States;
``(B) physician organizations;
``(C) continuing education entities, such as health
profession boards or health accrediting bodies;
``(D) peer recovery organizations; and
``(E) other appropriate health or professional
education organizations or institutions.
``(b) Expansion of Prescribing Authority.--The Secretary, acting
through the Administrator of the Health Resources and Services
Administration, shall award grants to States for the purpose of
evaluating the prospect of the health professions board of such States
reviewing and expanding prescribing authorities of providers, such as
advance practice nurses and physician's assistants, with respect to
prescribing drugs for the treatment of the abuse of prescription drugs,
heroin, or other controlled substances.''.
SEC. 4. PRESCRIPTION DRUG ABUSE TRAINING AND SCREENING PROGRAMS.
(a) Continuing Education Grants.--The Secretary shall award grants
to States to develop continuing education criteria and review processes
that allow State health profession boards or State agencies to certify
appropriate education and training for informed and safe prescribing of
opioids and other drugs listed on schedule II or III under section 202
of the Controlled Substances Act (21 U.S.C. 812).
(b) Screening Program.--The Attorney General shall request that a
practitioner registered under section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) conduct patient screening for
potential drug misuse or abuse before prescribing a drug listed on
schedule II or III under section 202 of the Controlled Substances Act
(21 U.S.C. 812), according to standards established by the applicable
State licensing body.
SEC. 5. FDA REVIEW OF NALOXONE.
The Secretary, acting through the Commissioner of Food and Drugs,
shall conduct a review of naloxone to consider whether naloxone should
cease to be subject to section 503(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)) and be available as an over-the-counter
drug, in order to increase access to such drug.
SEC. 6. PRESCRIPTION DRUG DISPOSAL.
The Secretary shall convene or coordinate with an existing entity
an interagency working group--
(1) to encourage States and local governments to increase
opportunities for disposal of opiates, such as frequent ``take-
back programs'' and fixed medicine disposal sites at law
enforcement public buildings; and
(2) to reduce opportunities for abuse of opiates, such as
establishing opioid dispensing limits at hospital emergency
departments.
SEC. 7. GAO REPORT.
The Comptroller General of the United States shall--
(1) review opioid abuse programs, heroin abuse programs,
and policies in Federal agencies and best practices with
respect to opioid and heroin abuse and overdose programs of the
States; and
(2) not later than 18 months after the date of enactment of
this Act, issue a report to Congress on its findings and
recommendations on ways to reduce opioid and heroin abuse and
overdoses. | Opioid Abuse Prevention and Treatment Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to award grants to states to develop a peer review process to identify and investigate questionable or inappropriate prescribing and dispensing patterns of drugs classified as schedule II or III under the Controlled Substances Act, which are drugs with an accepted medical use that have the potential to be abused and addictive. Amends the Public Health Service Act to require the Secretary to establish grant programs to: (1) facilitate training to increase the capacity of health care providers to screen and treat patients to prevent drug abuse, and (2) develop continuing education criteria that allow health profession boards or state agencies to certify appropriate education for safe prescribing of schedule II or III drugs. Requires the Administrator of the Health Resources and Services Administration to award grants to evaluate the prospect of state health professions boards expanding the authority of providers to prescribe drugs to treat drug abuse. Requires the Attorney General to request that practitioners registered to dispense controlled substances screen patients for potential drug abuse before prescribing a schedule II or III drug. Directs the Food and Drug Administration (FDA) to consider whether naloxone (a prescription drug used to rapidly reverse an overdose of heroin or other opioids, which are drugs with effects similar to opium) should be available without a prescription. Requires the Secretary to use an interagency working group to encourage states and local governments to increase opportunities for disposal of opiates (drugs derived from opium) and to reduce opportunities for abuse of opiates. Requires the Government Accountability Office (GAO) to review federal opioid abuse activities and make recommendations to reduce opioid abuse and overdoses. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Interest Checking Act
of 2001''.
SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED.
(a) Repeal of Prohibition on Payment of Interest on Demand
Deposits.--
(1) Federal reserve act.--Section 19(i) of the Federal
Reserve Act (12 U.S.C. 371a) is amended to read as follows:
``(i) [Repealed]''.
(2) Home owners' loan act.--The first sentence of section
5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C.
1464(b)(1)(B)) is amended by striking ``savings association may
not--'' and all that follows through ``(ii) permit any'' and
inserting ``savings association may not permit any''.
(3) Federal deposit insurance act.--Section 18(g) of the
Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to
read as follows:
``(g) [Repealed]''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at the end of the 2-year period beginning on the date of
the enactment of this Act.
SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL
BUSINESSES.
Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) Exception from paragraph (2) limitation.--Paragraph
(2) shall not apply to any depository institution which is
prohibited by the applicable law of its chartering State from
offering demand deposits and either--
``(A) does not engage in any lending activities; or
``(B) is not an affiliate of any company or
companies with assets that, in the aggregate, represent
more than 10 percent of the total assets of the
depository institution.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Notwithstanding any other provision of law, any depository
institution may permit the owner of any deposit or account which is a
deposit or account on which interest or dividends are paid and is not a
deposit or account described in subsection (a)(2) to make up to 24
transfers per month (or such greater number as the Board may determine
by rule or order), for any purpose, to another account of the owner in
the same institution. Nothing in this subsection shall be construed to
prevent an account offered pursuant to this subsection from being
considered a transaction account (as defined in section 19(b) of the
Federal Reserve Act for purposes of such Act).''.
SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.
(a) In General.--Section 19(b) of the Federal Reserve Act (12
U.S.C. 461(b)) is amended by adding at the end the following new
paragraph:
``(12) Earnings on reserves.--
``(A) In general.--Balances maintained at a Federal
reserve bank by or on behalf of a depository
institution may receive earnings to be paid by the
Federal reserve bank at least once each calendar
quarter at a rate or rates not to exceed the general
level of short-term interest rates.
``(B) Regulations relating to payments and
distribution.--The Board may prescribe regulations
concerning--
``(i) the payment of earnings in accordance
with this paragraph;
``(ii) the distribution of such earnings to
the depository institutions which maintain
balances at such banks or on whose behalf such
balances are maintained; and
``(iii) the responsibilities of depository
institutions, Federal home loan banks, and the
National Credit Union Administration Central
Liquidity Facility with respect to the
crediting and distribution of earnings
attributable to balances maintained, in
accordance with subsection (c)(1)(B), in a
Federal reserve bank by any such entity on
behalf of depository institutions.''.
(b) Authorization for Pass Through Reserves for Member Banks.--
Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B))
is amended by striking ``which is not a member bank''.
(c) Survey of Bank Fees and Services.--Section 19 of the Federal
Reserve Act (as amended by subsections (a) and (b) of this section) is
amended by adding at the end the following new subsection:
``(n) Survey of Bank Fees and Services.--
``(1) Annual survey required.--The Board shall obtain
annually a sample, which is representative by type and size of
the institution and geographic location, of the following
retail banking services and products provided by insured
depository institutions and insured credit unions (along with
related fees and minimum balances):
``(A) Checking and other transaction accounts.
``(B) Negotiable order of withdrawal and savings
accounts.
``(C) Automated teller machine transactions.
``(D) Other electronic transactions.
``(E) Credit Cards.
``(2) Minimum survey requirement.--The annual survey
described in paragraph (1) shall meet the following minimum
requirements:
``(A) Checking and other transaction accounts.--
Data on checking and transaction accounts shall
include, at a minimum, the following:
``(i) Monthly and annual fees and minimum
balances to avoid such fees.
``(ii) Minimum opening balances.
``(iii) Check processing fees.
``(iv) Check printing fees.
``(v) Balance inquiry fees.
``(vi) Fees imposed for using a teller or
other institution employee.
``(vii) Stop payment order fees.
``(viii) Nonsufficient fund fees.
``(ix) Overdraft fees.
``(x) Deposit items returned fees.
``(xi) Availability of no-cost or low-cost
accounts for consumers who maintain low
balances.
``(B) Negotiable order of withdrawal accounts and
savings accounts.--Data on negotiable order of
withdrawal accounts and savings accounts shall include,
at a minimum, the following:
``(i) Monthly and annual fees and minimum
balances to avoid such fees.
``(ii) Minimum opening balances.
``(iii) Rate at which interest is paid to
consumers.
``(iv) Check processing fees for negotiable
order of withdrawal accounts.
``(v) Check printing fees for negotiable
order of withdrawal accounts.
``(vi) Balance inquiry fees.
``(vii) Fees imposed for using a teller or
other institution employee.
``(viii) Stop payment order fees for
negotiable order of withdrawal accounts.
``(ix) Nonsufficient fund fees for
negotiable order of withdrawal accounts.
``(x) Overdraft fees for negotiable order
of withdrawal accounts.
``(xi) Deposit items returned fees.
``(xii) Availability of no-cost or low-cost
accounts for consumers who maintain low
balances.
``(C) Automated teller transactions.--Data on
automated teller machine transactions shall include, at
a minimum, the following:
``(i) Annual and monthly fees.
``(ii) Card fees.
``(iii) Fees charged to customers for
withdrawals, deposits, transfers between
accounts, balance inquiries through
institution-owned machines.
``(iv) Fees charged to customers for
withdrawals, deposits, transfers between
accounts, balance inquiries through machines
owned by others.
``(v) Fees charged to noncustomers for
withdrawals, deposits, transfers between
accounts, balance inquiries through
institution-owned machines.
``(vi) Point-of-sale transaction fees.
``(vii) Surcharges.
``(D) Other electronic transactions.--Data on other
electronic transactions shall include, at a minimum,
the following:
``(i) Wire transfer fees.
``(ii) Fees related to payments made over
the Internet or through other electronic means.
``(E) Credit card charges and fees.--Data related
to credit cards shall include, at a minimum, the
following:
``(i) Application fees.
``(ii) Annual and monthly fees.
``(iii) Rates of interest charged for
purchases and cash advances, when an account is
not in default.
``(iv) Rates of interest charged for
purchases and cash advances, when an account is
in default.
``(v) Average annual finance charges paid
by customers.
``(vi) Late payment fees.
``(vii) Cash advance and convenience check
fees.
``(viii) Balance transfer fees.
``(ix) Over-the-credit-limit fees.
``(x) Foreign currency conversion fees.
``(F) Other fees and charges.--Data on any other
fees and charges that the Board determines to be
appropriate to meet the purposes of this section.
``(3) Annual Report to Congress Required.--
``(A) Preparation.--The Board shall prepare a
report of the results of each survey conducted pursuant
to paragraph (1) and (2).
``(B) Contents of the report.--In addition to the
data required to be collected pursuant to paragraphs
(1) and (2), each report prepared pursuant to
subparagraph (A) shall include a description of any
discernible trend, in the Nation as a whole, in each of
the 50 States, and in each metropolitan statistical
area (as defined by the Director of the Office of
Management and Budget), in the cost and availability of
the retail banking services, including those described
in paragraphs (1) and (2) (including related fees and
minimum balances), that delineates differences between
institutions on the basis of the type of institution,
the size of the institution and any engagement of the
institution in multistate activity.
``(C) Submission to congress.--The Board shall
submit an annual report to the Congress under this
paragraph not later than June 1, 2002, and not later
than June 1 of each subsequent year.
``(4) Definitions.--For purposes of this subsection, the
terms `insured depository institution' and `insured credit
union' mean any depository institution (as defined in
subsection (b)(1)(A)) the deposits or shares in which are
insured under the Federal Deposit Insurance Act or the Federal
Credit Union Act.''.
(d) Technical and Conforming Amendments.--Section 19 of the Federal
Reserve Act (12 U.S.C. 461) is amended--
(1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking
subparagraph (C) and redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by
striking ``subsection (b)(4)(C)'' and inserting ``subsection
(b)''.
SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE
REQUIREMENTS.
Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C.
461(b)(2)(A)) is amended--
(1) in clause (i), by striking ``the ratio of 3 per
centum'' and inserting ``a ratio not greater than 3 percent
(and which may be zero)''; and
(2) in clause (ii), by striking ``and not less than 8 per
centum,'' and inserting ``(and which may be zero),''.
SEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES.
(a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C.
289(b)) is amended by adding at the end the following new paragraph:
``(4) Additional transfers to cover interest payments for
fiscal years 2002 through 2006.--
``(A) In general.--In addition to the amounts
required to be transferred from the surplus funds of
the Federal reserve banks pursuant to subsection
(a)(3), the Federal reserve banks shall transfer from
such surplus funds to the Board of Governors of the
Federal Reserve System for transfer to the Secretary of
the Treasury for deposit in the general fund of the
Treasury, such sums as are necessary to equal the net
cost of section 19(b)(12), as estimated by the Office
of Management and Budget, in each of the fiscal years
2002 through 2006.
``(B) Allocation by federal reserve board.--Of the
total amount required to be paid by the Federal reserve
banks under subparagraph (A) for fiscal years 2002
through 2006, the Board of Governors of the Federal
Reserve System shall determine the amount each such
bank shall pay in such fiscal year.
``(C) Replenishment of surplus fund prohibited.--
During fiscal years 2002 through 2006, no Federal
reserve bank may replenish such bank's surplus fund by
the amount of any transfer by such bank under
subparagraph (A).''.
(b) Technical and Conforming Amendment.--Section 7(a) of the
Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end
the following new paragraph:
``(3) Payment to treasury.--During fiscal years 2002
through 2006, any amount in the surplus fund of any Federal
reserve bank in excess of the amount equal to 3 percent of the
paid-in capital and surplus of the member banks of such bank
shall be transferred to the Secretary of the Treasury for
deposit in the general fund of the Treasury.''.
SEC. 7. RULE OF CONSTRUCTION.
No provision of this Act, or any amendment made by this Act, shall
be construed as creating any presumption or implication that, in the
case of an escrow account maintained at a depository institution in
connection with a real estate transaction--
(1) the absorption, by the depository institution, of
expenses incidental to providing a normal banking function with
respect to such escrow account;
(2) the forbearance, by the depository institution, from
charging a fee for providing any such banking function; and
(3) any benefit which may accrue to the holder or the
beneficiary of such escrow account as a result of an action of
the depository institution described in paragraph (1) or (2),
may be treated as the payment or receipt of interest for purposes of
any provision of Public Law 93-100, the Federal Reserve Act, the Home
Owners' Loan Act, or the Federal Deposit Insurance Act relating to the
payment of interest on accounts or deposits at depository institutions.
Passed the House of Representatives April 3, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Small Business Interest Checking Act of 2001- Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription against payment of interest on demand deposits.Authorizes certain depository institutions prohibited by State law from offering demand deposits to offer all owners of a interest- or dividend-paying deposit or account to make withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties. Requires that such an institution either: (1) not engage in lending activities; or (2) not be an affiliate of a company or companies whose aggregate assets represent over ten percent of the institution's total assets.Amends Federal banking law governing interaccount transfers to provide that a depository institution may permit owners of certain interest- or dividend-paying accounts to make up to 24 transfers monthly for any purpose to their other accounts in the same institution.Amends the Federal Reserve Act to authorize a Federal reserve bank to pay interest at least quarterly (at a rate not to exceed the general level of short term interest rates) to a depository institution on any balance it maintains at the reserve bank.Repeals a specified restriction in order to authorize pass-through reserves for member banks (as well as non-member banks).Instructs the Board of Governors of the Federal Reserve System to obtain annually a prescribed survey of designated retail bank fees and services (including electronic and credit card fees), and report the results annually to Congress.Reformulates the mandatory depository institution reserve ratio to: (1) one that is not greater than three percent, and may be zero, (currently, a flat ratio of three percent) for transaction accounts of $25 million or less; and (2) reduce from eight percent to zero the minimum ratio for transaction accounts exceeding $25 million. (Thus authorizes zero reserve requirements for such accounts.)Requires the Federal Reserve banks to transfer certain surplus funds for deposit into the general fund of the Treasury equal to the estimated net cost of making the quarterly payments of interest mandated by this Act for FY 2002 through 2006.Prohibits such banks from replenishing surplus funds by the amount of any such transfers during that time period. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Information and Benefits
Enhancement Act of 2003''.
SEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR
TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES.
(a) Presumption.--Section 1112(b) of title 38, United States Code,
is amended--
(1) in paragraph (14), by striking ``or'' at the end; and
(2) by inserting after paragraph (15) the following new
paragraphs:
``(16) cardiovascular disease (heart disease),
``(17) cerebrovascular disease (stroke), or
``(18) chronic liver disease, including cirrhosis and
primary liver carcinoma,''.
(b) Effective Date.--(1) The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
(2) No benefit may be paid by reason of the amendments made by
subsection (a) for any period before the date of the enactment of this
Act.
SEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE.
(b) Review of Mission, Procedures, and Administration.--(1) The
Secretary of Veterans Affairs and the Secretary of Defense shall
jointly conduct a review of the mission, procedures, and administration
of the Dose Reconstruction Program of the Department of Defense.
(2) In conducting the review under paragraph (1), the Secretaries
shall--
(A) determine whether any additional actions are required
to ensure that the quality assurance and quality control
mechanisms of the Dose Reconstruction Program are adequate and
sufficient for purposes of the program; and
(B) determine the actions that are required to ensure that
the mechanisms of the Dose Reconstruction Program for
communication and interaction with veterans are adequate and
sufficient for purposes of the program, including mechanisms to
permit veterans to review the assumptions utilized in their
dose reconstructions.
(3) Not later than 90 days after the date of the enactment of this
Act, the Secretaries shall jointly submit to Congress a report on the
review under paragraph (1). The report shall set forth--
(A) the results of the review;
(B) a plan for any actions determined to be required under
paragraph (2); and
(C) such other recommendations for the improvement of the
mission, procedures, and administration of the Dose
Reconstruction Program as the Secretaries jointly consider
appropriate.
(b) On-Going Review and Oversight.--The Secretaries shall jointly
take appropriate actions to ensure the on-going independent review and
oversight of the Dose Reconstruction Program, including the
establishment of the advisory board required by subsection (c).
(c) Advisory Board.--(1) In taking actions under subsection (b),
the Secretaries shall jointly appoint an advisory board to provide
review and oversight of the Dose Reconstruction Program.
(2) The advisory board under paragraph (1) shall be composed of the
following:
(A) At least one expert in historical dose reconstruction
of the type conducted under the Dose Reconstruction Program.
(B) At least one expert in radiation health matters.
(C) At least one expert in risk communications matters.
(D) A representative of the Department of Veterans Affairs.
(E) A representative of the Defense Threat Reduction
Agency.
(F) At least three veterans, including at least one veteran
who is a member of an atomic veterans group.
(3) The advisory board under paragraph (1) shall--
(A) conduct periodic, random audits of dose reconstructions
and decisions on claims for radiogenic diseases under the Dose
Reconstruction Program;
(B) assist the Department of Veterans Affairs and the
Defense Threat Reduction Agency in communicating to veterans
information on the mission, procedures, and evidentiary
requirements of the Dose Reconstruction Program; and
(C) carry out such other activities with respect to the
review and oversight of the Dose Reconstruction Program as the
Secretaries shall jointly specify.
(4) The advisory board under paragraph (1) may make such
recommendations on modifications in the mission or procedures of the
Dose Reconstruction Program as the advisory board considers appropriate
as a result of the audits conducted under paragraph (3)(A).
SEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.
(a) In General.--The Secretary of Veterans Affairs shall, in
accordance with this section, carry out a study to determine the
appropriate disposition of the Air Force Health Study, an epidemiologic
study of Air Force personnel who were responsible for conducting aerial
spray missions of herbicides during the Vietnam era.
(b) Study Through National Academy of Sciences.--Not later than
sixty days after the date of the enactment of this Act, the Secretary
shall seek to enter into an agreement with the National Academy of
Sciences, or another appropriate scientific organization, to carry out
the study required by subsection (a).
(c) Elements.--Under the study under subsection (a), the National
Academy of Sciences, or other appropriate scientific organization,
shall address the following:
(1) The scientific merit of retaining and maintaining the
medical records, other study data, and laboratory specimens
collected in the course of the Air Force Health Study after the
currently-scheduled termination date of the study in 2006.
(2) Whether or not any obstacles exist to retaining and
maintaining the medical records, other study data, and
laboratory specimens referred to in paragraph (1), including
privacy concerns.
(3) The advisability of providing independent oversight of
the medical records, other study data, and laboratory specimens
referred to in paragraph (1), and of any further study of such
records, data, and specimens, and, if so, the mechanism for
providing such oversight.
(4) The advisability of extending the Air Force Health
Study, including the potential value and relevance of extending
the study, the potential cost of extending the study, and the
Federal or non-Federal entity best suited to continue the study
if extended.
(5) The advisability of making the laboratory specimens of
the Air Force Health Study available for independent research,
including the potential value and relevance of such research,
and the potential cost of such research.
(d) Report.--Not later than 60 days after entering into an
agreement under subsection (b), the National Academy of Sciences, or
other appropriate scientific organization, shall submit to the
Secretary and Congress a report on the results of the study under
subsection (a). The report shall include the results of the study,
including the matters addressed under subsection (c), and such other
recommendations as the Academy, or other appropriate scientific
organization, considers appropriate as a result of the study.
SEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF
NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH
ON MEMBERS OF THE ARMED FORCES AND VETERANS.
(a) Funding by Department of Veterans Affairs.--(1) The Secretary
of Veterans Affairs shall make available to the National Academy of
Sciences in each of fiscal years 2004 through 2013, $250,000 for the
Medical Follow-Up Agency of the Institute of Medicine of the Academy
for purposes of epidemiological research on members of the Armed Forces
and veterans.
(2) The Secretary of Veterans Affairs shall make available amounts
under paragraph (1) for a fiscal year from amounts available for the
Department of Veterans Affairs for that fiscal year.
(b) Funding by Department of Defense.--(1) The Secretary of Defense
shall make available to the National Academy of Sciences in each of
fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up
Agency for purposes of epidemiological research on members of the Armed
Forces and veterans.
(2) The Secretary of Defense shall make available amounts under
paragraph (1) for a fiscal year from amounts available for the
Department of Defense for that fiscal year.
(c) Use of Funds.--The Medical Follow-Up Agency shall use funds
made available under subsections (a) and (b) for epidemiological
research on members of the Armed Forces and veterans.
(d) Supplement Not Supplant.--Amounts made available to the Medical
Follow-Up Agency under this section for a fiscal year for the purposes
referred to in subsection (c) are in addition to any other amounts made
available to the Agency for that fiscal year for those purposes. | Veterans Information and Benefits Enhancement Act of 2003 - Includes the following among the diseases to be considered service-connected, and therefore compensable through the Department of Veterans Affairs, when suffered by a veteran who is a former prisoner of war who was detained or interned for at least 30 days: (1) cardiovascular (heart) disease; (2) cerebrovascular disease (stroke); or (3) chronic liver disease, including cirrhosis and primary liver carcinoma.
Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Defense to jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. Requires appointment of an advisory board for Program review and oversight.
Directs the Secretary to conduct a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel responsible for conducting aerial herbicide spray missions during the Vietnam era.
Requires the Secretaries to make specified funds available to the National Academy of Sciences in each of FY 2004 through 2013 for the Academy's Medical Follow-Up Agency of the Institute of Medicine to conduct epidemiological research on military personnel and veterans. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Panel to Design Long-
Range Social Security Reform Act of 1998''.
SEC. 2. ESTABLISHMENT OF PANEL.
There is established a panel to be known as the Bipartisan Panel to
Design Long-Range Social Security Reform (in this Act referred to as
the ``Panel'').
SEC. 3. DUTIES OF PANEL.
The Panel shall design a single set of legislative and
administrative recommendations for long-range reforms for restoring the
solvency of the social security system and maintaining retirement
income security in the United States.
SEC. 4. MEMBERSHIP OF THE PANEL.
(a) Number and Appointment.--The Panel shall be composed of eight
members, of whom--
(1) two shall be appointed by the President,
(2) four shall be appointed jointly by the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate,
(3) one shall be appointed jointly by the Chairman of the
Committee on Ways and Means of the House of Representatives and
the Chairman of the Committee on Finance of the Senate, and
(4) one shall be appointed jointly by the Ranking Minority
Member of the Committee on Ways and Means of the House of
Representatives and the Ranking Minority Member of the
Committee on Finance of the Senate.
The members of the Panel shall consist of individuals who are of
recognized standing and distinction, who can represent the multiple
generations who have a stake in the viability of the system, and who
possess the demonstrated capacity to discharge the duties imposed on
the Panel. At least one of the members shall be appointed from
individuals representing the interests of employees, and at least one
of the members shall be appointed from individuals representing the
interests of employers.
(b) Co-Chairs.--The officials referred to in paragraphs (1) through
(4) of subsection (a) shall designate two of the members of the Panel
to serve as Co-Chairs of the Panel, who shall jointly chair the Panel,
determine its duties, and supervise its staff.
(c) Terms of Appointment.--The members of the Panel shall serve for
the life of the Panel.
(d) Vacancies.--A vacancy in the Panel shall not affect the power
of the remaining members to execute the duties of the Panel, but any
such vacancy shall be filled in the same manner in which the original
appointment was made.
SEC. 5. PROCEDURES.
(a) Meetings.--The Panel shall meet at the call of its Co-Chairs or
a majority of its members.
(b) Quorum.--A quorum shall consist of 4 members of the Panel,
except that a lesser number may conduct a hearing under subsection (c).
(c) Hearings and Other Activities.--For the purpose of carrying out
its duties, the Panel may hold such hearings and undertake such other
activities as the Panel determines to be necessary to carry out its
duties. Meetings held in order to conduct fact finding, as determined
by the Co-Chairs, shall be open to the public. Meetings held in order
to develop policy, as determined by the Co-Chairs, may be held in
executive session, notwithstanding the Federal Advisory Committee Act
and any other provision of law.
(d) Obtaining Information.--Upon request of the Panel, the
Commissioner of Social Security and the head of any other agency or
instrumentality of the Federal Government shall furnish information
deemed necessary by the Panel to enable it to carry out its duties.
SEC. 6. ADMINISTRATION.
(a) Compensation.--Except as provided in subsection (b), members of
the Panel shall receive no additional pay, allowances, or benefits by
reason of their service on the Panel.
(b) Travel Expenses and Per Diem.--Each member of the Panel who is
not a present Member of the Congress and who is not otherwise an
officer or employee of the Federal Government shall receive travel
expenses and per diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United States Code.
(c) Staff and Support Services.--
(1) Staff director.--
(A) Appointment.--The Panel shall appoint a staff
director of the Panel.
(B) Compensation.--The staff director shall be paid
at a rate not to exceed the rate established for level
V of the Executive Schedule.
(2) Staff.--The Panel shall appoint such additional
personnel as the Panel determines to be necessary.
(3) Applicability of civil service laws.--The staff
director and other members of the staff of the Panel shall be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and shall be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(4) Experts and consultants.--With the approval of the
Panel, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(d) Contract Authority.--The Panel may contract with and compensate
government and private agencies or persons for items and services,
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(e) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Panel on a reimbursable basis. The facilities shall serve as the
headquarters of the Panel and shall include all necessary equipment and
incidentals required for the proper functioning of the Panel.
(f) Detail of Federal Employees.--Upon the request of the Panel,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of such agency to the Panel to assist the Panel in
carrying out its duties.
(g) Use of Mails.--The Panel may use the United States mails in the
same manner and under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(h) Administrative Support Services.--Upon the request of the
Panel, the Architect of the Capitol shall provide to the Panel on a
reimbursable basis such administrative support services as the Panel
may request.
(i) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Panel shall be deemed to be a committee of the
Congress.
SEC. 7. REPORT.
Not later than February 1, 1999, the Panel shall submit to the
President, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate a report
which shall contain a detailed statement of the findings and
conclusions of the Panel, including the set of recommendations required
under section 3. The report shall include only those recommendations of
the Panel that receive the approval of at least 6 members of the Panel,
including both Co-Chairs.
SEC. 8. TERMINATION.
The Panel shall terminate March 31, 1999.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Panel, from the
Federal Old-Age and Survivors Insurance Trust Fund, such sums as are
necessary to carry out the provisions of this Act, but not to exceed
$2,000,000. | Bipartisan Panel to Design Long-Range Social Security Reform Act of 1998 - Establishes the Bipartisan Panel to Design Long-Range Social Security Reform to design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and maintaining retirement income security in the United States. Authorizes appropriations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trail of the Ancients National
Heritage Area Study Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Four Corners region, 1 of the areas of greatest
archaeological interest in the United States, provides access
to numerous examples of the Ancestral Puebloan culture;
(2) the Four Corners region highlights areas and sites at
which--
(A) the earliest inhabitants were Paleo-Americans,
nomadic people who traveled through and lived in the
area as early as 10,000 B.C.; and
(B) the Ancestral Puebloan Indians lived from
approximately 1 to 1300 A.D.;
(3) the region features sites that chronicle the Ute and
Navajo Indian cultures;
(4) the archaeological sites of the region have been well-
preserved by the semi-arid climate of the region;
(5) national and international recognition of sites in the
region has contributed to the wealth of information about the
people who have inhabited the area;
(6) the region features the Trail of the Ancients Scenic
Byway in the States of Arizona, Colorado, New Mexico, and Utah,
and other designated byways and highways, including San Juan
Skyway in the State of Colorado and the Utah Bicentennial
Highway; and
(7) designating the Trail of the Ancients National Heritage
Area as a unit of the National Park System--
(A) would link many of the cultural and recreation
sites in the region for the benefit of the traveling
public and communities in the region; and
(B) would not--
(i) impose restrictions on private
property; or
(ii) require acquisition of additional
land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Trail of the Ancients National Heritage Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means each of the States of
Arizona, Colorado, New Mexico, and Utah.
(4) Study area.--The term ``study area'' means the Four
Corner region, consisting of--
(A) portions of--
(i) San Juan County, Utah;
(ii) Montezuma and Dolores Counties,
Colorado;
(iii) Apache and Navajo Counties, Arizona;
and
(iv) San Juan and McKinley Counties, New
Mexico; and
(B) portions of the reservations of the Ute
Mountain Ute, Navajo, and Hopi Tribes, in the States.
SEC. 4. TRAIL OF THE ANCIENTS NATIONAL HERITAGE AREA STUDY.
(a) In General.--The Secretary, in cooperation with the Four
Corners Heritage Council, shall conduct a study to assess the
feasibility and suitability of designating the study area as the Trail
of the Ancients National Heritage Area.
(b) Requirements.--The study shall include analysis, documentation,
and determinations on whether--
(1) the study area--
(A) has an assemblage of natural, historic,
cultural, educational, scenic, or recreational
resources that--
(i) represent distinctive aspects of the
heritage of the United States worthy of
recognition, conservation, interpretation, and
continuing use; and
(ii) are best managed--
(I) through partnerships among
public and private entities; and
(II) by combining diverse and
sometimes noncontiguous resources and
active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of
the United States;
(C) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities; and
(E) has resources important to any identified theme
of the study area that retain a degree of integrity
capable of supporting interpretation;
(2) residents, business interests, nonprofit organizations,
the Federal Government, and State, local, and tribal
governments within the study area--
(A) are involved in the planning of the Heritage
Area;
(B) have demonstrated support for the Heritage
Area; and
(C) have developed a conceptual financial plan that
outlines the roles of all participants (including the
Federal Government) in the management of the Heritage
Area;
(3) there is a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and Federal, State, local, and tribal
governments within the study area to develop the Heritage Area
consistent with continued, State, local, and tribal economic
activity; and
(4) a conceptual boundary map has been developed that is
supported by the public.
(c) Consultation.--In conducting the study, the Secretary and the
Four Corners Heritage Council shall consult with appropriate Federal,
State, local, and tribal governments, interested organizations, and
affected communities within the study area.
SEC. 5. REPORT.
Not later than 3 fiscal years after the date on which funds are
made available to carry out the study, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report that
describes the findings, conclusions, and recommendations of the study.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Trail of the Ancients National Heritage Area Study Act of 2005 - Directs the Secretary of the Interior, in cooperation with the Four Corners Heritage Council, to conduct a study to assess the feasibility and suitability of designating the Four Corners region comprised of parts of San Juan County, Utah, Montezuma and Dolores Counties, Colorado, Apache and Navajo Counties, Arizona, and San Juan and McKinley Counties, New Mexico, and parts of the reservations of the Ute Mountain Ute, Navajo, and Hopi Tribes in those States as the "Trail of the Ancients National Heritage Area." | [
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] |
SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN
OR LOSS.
(a) In General.--Part II of subchapter O of chapter 1 (relating to
basis rules of general application) is amended by redesignating section
1023 as section 1024 and by inserting after section 1022 the following
new section:
``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Solely
for purposes of determining gain or loss on the sale or other
disposition by a taxpayer (other than a corporation) of an
indexed asset which has been held for more than 3 years, the
indexed basis of the asset shall be substituted for its
adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) common stock in a C corporation (other than a
foreign corporation), and
``(B) tangible property,
which is a capital asset or property used in the trade or
business (as defined in section 1231(b)).
``(2) Stock in certain foreign corporations included.--For
purposes of this section--
``(A) In general.--The term `indexed asset'
includes common stock in a foreign corporation which is
regularly traded on an established securities market.
``(B) Exception.--Subparagraph (A) shall not apply
to--
``(i) stock of a foreign investment
company,
``(ii) stock in a passive foreign
investment company (as defined in section
1296),
``(iii) stock in a foreign corporation held
by a United States person who meets the
requirements of section 1248(a)(2), and
``(iv) stock in a foreign personal holding
company.
``(C) Treatment of american depository receipts.--
An American depository receipt for common stock in a
foreign corporation shall be treated as common stock in
such corporation.
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the gross domestic product deflator
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the last revision thereof released by the Secretary of
Commerce before the close of the following calendar quarter).
``(d) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
``(1) In general.--If the taxpayer (or a related person)
enters into any transaction which substantially reduces the
risk of loss from holding any asset, such asset shall not be
treated as an indexed asset for the period of such reduced
risk.
``(2) Short sales.--
``(A) In general.--In the case of a short sale of
an indexed asset with a short sale period in excess of
3 years, for purposes of this title, the amount
realized shall be an amount equal to the amount
realized (determined without regard to this paragraph)
increased by the applicable inflation adjustment. In
applying subsection (c)(2) for purposes of the
preceding sentence, the date on which the property is
sold short shall be treated as the date of acquisition
and the closing date for the sale shall be treated as
the date of disposition.
``(B) Short sale period.--For purposes of
subparagraph (A), the short sale period begins on the
day that the property is sold and ends on the closing
date for the sale.
``(e) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
``(1) Adjustments at entity level.--
``(A) In general.--Except as otherwise provided in
this paragraph, the adjustment under subsection (a)
shall be allowed to any qualified investment entity
(including for purposes of determining the earnings and
profits of such entity).
``(B) Exception for corporate shareholders.--Under
regulations--
``(i) in the case of a distribution by a
qualified investment entity (directly or
indirectly) to a corporation--
``(I) the determination of whether
such distribution is a dividend shall
be made without regard to this section,
and
``(II) the amount treated as gain
by reason of the receipt of any capital
gain dividend shall be increased by the
percentage by which the entity's net
capital gain for the taxable year
(determined without regard to this
section) exceeds the entity's net
capital gain for such year determined
with regard to this section, and
``(ii) there shall be other appropriate
adjustments (including deemed distributions) so
as to ensure that the benefits of this section
are not allowed (directly or indirectly) to
corporate shareholders of qualified investment
entities.
For purposes of the preceding sentence, any amount
includible in gross income under section 852(b)(3)(D)
shall be treated as a capital gain dividend and an S
corporation shall not be treated as a corporation.
``(C) Exception for qualification purposes.--This
section shall not apply for purposes of sections 851(b)
and 856(c).
``(D) Exception for certain taxes imposed at entity
level.--
``(i) Tax on failure to distribute entire
gain.--If any amount is subject to tax under
section 852(b)(3)(A) for any taxable year, the
amount on which tax is imposed under such
section shall be increased by the percentage
determined under subparagraph (B)(i)(II). A
similar rule shall apply in the case of any
amount subject to tax under paragraph (2) or
(3) of section 857(b) to the extent
attributable to the excess of the net capital
gain over the deduction for dividends paid
determined with reference to capital gain
dividends only. The first sentence of this
clause shall not apply to so much of the amount
subject to tax under section 852(b)(3)(A) as is
designated by the company under section
852(b)(3)(D).
``(ii) Other taxes.--This section shall not
apply for purposes of determining the amount of
any tax imposed by paragraph (4), (5), or (6)
of section 857(b).
``(2) Adjustments to interests held in entity.--
``(A) Regulated investment companies.--Stock in a
regulated investment company (within the meaning of
section 851) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the average of the fair market values
of the indexed assets held by such company at
the close of each month during such quarter,
bears to
``(ii) the average of the fair market
values of all assets held by such company at
the close of each such month.
``(B) Real estate investment trusts.--Stock in a
real estate investment trust (within the meaning of
section 856) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the fair market value of the indexed
assets held by such trust at the close of such
quarter, bears to
``(ii) the fair market value of all assets
held by such trust at the close of such
quarter.
``(C) Ratio of 80 percent or more.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 80
percent or more, such ratio for such quarter shall be
100 percent.
``(D) Ratio of 20 percent or less.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 20
percent or less, such ratio for such quarter shall be
zero.
``(E) Look-thru of partnerships.--For purposes of
this paragraph, a qualified investment entity which
holds a partnership interest shall be treated (in lieu
of holding a partnership interest) as holding its
proportionate share of the assets held by the
partnership.
``(3) Treatment of return of capital distributions.--Except
as otherwise provided by the Secretary, a distribution with
respect to stock in a qualified investment entity which is not
a dividend and which results in a reduction in the adjusted
basis of such stock shall be treated as allocable to stock
acquired by the taxpayer in the order in which such stock was
acquired.
``(4) Qualified investment entity.--For purposes of this
subsection, the term `qualified investment entity' means--
``(A) a regulated investment company (within the
meaning of section 851), and
``(B) a real estate investment trust (within the
meaning of section 856).
``(f) Other Pass-Thru Entities.--
``(1) Partnerships.--
``(A) In general.--In the case of a partnership,
the adjustment made under subsection (a) at the
partnership level shall be passed through to the
partners.
``(B) Special rule in the case of section 754
elections.--In the case of a transfer of an interest in
a partnership with respect to which the election
provided in section 754 is in effect--
``(i) the adjustment under section
743(b)(1) shall, with respect to the transferor
partner, be treated as a sale of the
partnership assets for purposes of applying
this section, and
``(ii) with respect to the transferee
partner, the partnership's holding period for
purposes of this section in such assets shall
be treated as beginning on the date of such
adjustment.
``(2) S corporations.--In the case of an S corporation, the
adjustment made under subsection (a) at the corporate level
shall be passed through to the shareholders. This section shall
not apply for purposes of determining the amount of any tax
imposed by section 1374 or 1375.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(4) Indexing adjustment disregarded in determining loss
on sale of interest in entity.--Notwithstanding the preceding
provisions of this subsection, for purposes of determining the
amount of any loss on a sale or exchange of an interest in a
partnership, S corporation, or common trust fund, the
adjustment made under subsection (a) shall not be taken into
account in determining the adjusted basis of such interest.
``(g) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(h) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(i) Special Rules.--For purposes of this section--
``(1) Treatment of improvements, etc.--If there is an
addition to the adjusted basis of any tangible property or of
any stock in a corporation during the taxable year by reason of
an improvement to such property or a contribution to capital of
such corporation--
``(A) such addition shall never be taken into
account under subsection (c)(1)(A) if the aggregate
amount thereof during the taxable year with respect to
such property or stock is less than $1,000, and
``(B) such addition shall be treated as a separate
asset acquired at the close of such taxable year if the
aggregate amount thereof during the taxable year with
respect to such property or stock is $1,000 or more.
A rule similar to the rule of the preceding sentence shall
apply to any other portion of an asset to the extent that
separate treatment of such portion is appropriate to carry out
the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--The applicable inflation adjustment shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(6) Collapsible corporations.--The application of section
341(a) (relating to collapsible corporations) shall be
determined without regard to this section.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 is amended by striking the item relating to
section 1023 and by inserting after the item relating to section 1022
the following new item:
``Sec. 1022. Indexing of certain assets for purposes of determining
gain or loss.
``Sec. 1023. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to dispositions after December 31, 2006, in taxable years ending
after such date. | Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets (including C corporation common stock and tangible property used in a trade or business) held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets.
Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``World Trade Center Zone Tax
Incentive Act''.
SEC. 2. TAX TREATMENT OF FOREIGN CORPORATIONS RELOCATING TO WORLD TRADE
CENTER AREA.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 (relating to New York Liberty Zone benefits) is amended by
adding at the end the following new section:
``SEC. 1400M. NO ADDITIONAL CORPORATE INCOME TAXES ON FOREIGN
CORPORATIONS RELOCATING HEADQUARTERS OPERATIONS TO NEW
YORK LIBERTY ZONE.
``(a) General Rule.--If there is a qualified headquarters
relocation of an eligible foreign corporation, any qualified
headquarters activities of the corporation conducted in the New York
Liberty Zone shall be treated as conducted outside the United States
for purposes of determining--
``(1) the amount of any tax imposed by this chapter, or the
amount of withholding tax under chapter 3, on the corporation,
or
``(2) whether the corporation has a permanent establishment
within the United States for purposes of any applicable income
tax treaty between the United States and any foreign country.
``(b) Qualified Headquarters Relocation.--For purposes of this
section--
``(1) In general.--The term `qualified headquarters
relocation' means any relocation of an eligible foreign
corporation's qualified headquarters activities to the New York
Liberty Zone but only if the corporation with respect to such
relocation--
``(A) before September 11, 2007, enters into a
contract--
``(i) under which the corporation agrees to
acquire, lease, sublease, or otherwise occupy
office space located in the New York Liberty
Zone for use in the conduct of the activities
to be relocated, and
``(ii) which requires a substantial
financial commitment or provides a substantial
cancellation penalty, and
``(B) before September 11, 2009--
``(i) transfers to the New York Liberty
Zone qualified headquarters activities meeting
the requirements of paragraph (2), and
``(ii) locates employees in the New York
Liberty Zone in accordance with the
requirements of paragraph (3).
``(2) Transfer of qualified headquarters activities.--The
requirements of this paragraph are met if the transfer of
qualified headquarters activities includes at least the
transfer of a substantial part of the following activities
which the eligible foreign corporation was performing for
members of its expanded affiliated group immediately before the
requirement of paragraph (1)(A) is met:
``(A) The activities described in clause (ii) of
subsection (c)(2)(A).
``(B) High-level activities described in clause
(iii) of subsection (c)(2)(A).
``(C) The activities described in clause (iv) of
subsection (c)(2)(A).
``(3) Transfer of employees.--
``(A) In general.--The requirements of this
paragraph are met if the eligible foreign corporation
locates in the New York Liberty Zone a number of
employees equal to or greater than the lesser of--
``(i) 200 employees, or
``(ii) the greater of--
``(I) 10 percent of the employees
of the corporation and the members of
its expanded affiliated group for which
the corporation performs headquarters
activities (as of the date the
requirements of paragraph (1)(B) are
first met), or
``(II) 50 employees.
``(B) High-level employees.--The requirements of
this paragraph shall be treated as met only if the
eligible foreign corporation locates in the New York
Liberty Zone at least--
``(i) 50 percent of the senior officers of
the corporation, and
``(ii) 50 percent of the senior business
development personnel of the corporation.
``(C) Current united states employees not
counted.--For purposes of determining whether the
requirements of this paragraph are first met, and
continue to be met during the 2-year period after the
date on which the requirements are first met, there
shall not be taken into account any individual who was
an employee of the eligible foreign corporation or any
member of its expanded affiliated group who was located
in the United States at any time during the 1-year
period ending on the later of--
``(i) the date the requirements of
subsection (b)(1)(B) are first met, or
``(ii) the date the employee is first
located in the New York Liberty Zone.
Any period during which an individual was located in
the New York Liberty Zone solely as part of a qualified
headquarters relocation shall not be taken into account
for purposes of the preceding sentence.
``(D) Located.--An employee shall be treated as
located in the New York Liberty Zone or the United
States for any period if the services performed by the
employee during the period are performed primarily in
the New York Liberty Zone or the United States,
respectively.
``(c) Eligible Foreign Corporation; Qualified Headquarters
Activities.--For purposes of this section--
``(1) Eligible foreign corporation.--The term `eligible
foreign corporation' means a foreign corporation which--
``(A) performs qualified headquarters activities
for 1 or more members of an expanded affiliated group
including such corporation, and
``(B) agrees to furnish to the Secretary (at such
time and in such manner as the Secretary may prescribe)
such information as the Secretary may require to carry
out this section, including the gross revenue of the
corporation derived from qualified headquarters
activities.
``(2) Qualified headquarters activities.--
``(A) In general.--The term `qualified headquarters
activities' means, with respect to any eligible foreign
corporation--
``(i) the ownership and management of any
member of the expanded affiliated group of
which it is a member,
``(ii) the conduct of any treasury function
of a member of the expanded affiliated group of
which it is a member, including the borrowing
of funds, financing of members of the group and
related entities, and investment of excess
corporate funds, but not including the taking
of deposits from, or the making of loans to,
the public,
``(iii) marketing and branding functions,
``(iv) senior business management and
development, and
``(v) any other activity incidental to any
activity described in clauses (i) through (iv).
``(B) Certain activities previously conducted in
united states not included.--
``(i) In general.--Such term shall not
include any activity which the eligible foreign
corporation or any member of its expanded
affiliated group engaged in through an office
or fixed place of business in the United States
at any time during the 3-year period ending on
the date the requirements of subsection
(b)(1)(B) are first met.
``(ii) Exception for relocation
activities.--The conduct of any activity as
part of a qualified headquarters relocation
shall not be taken into account in determining
whether clause (i) applies to the activity.
``(iii) Exclusion ceases to apply if
activity not conducted in united states for 5
years.--
``(I) In general.--Clause (i) shall
not apply to any activity conducted in
the New York Liberty Zone during the
taxable year described in subclause
(II) or any succeeding taxable year.
``(II) Applicable taxable year.--A
taxable year is described in this
subclause with respect to any activity
if such year is the first taxable year
in which ends a consecutive 5-year
period which begins after the date the
requirements of subsection (b)(1)(B)
are first met and during which the
eligible foreign corporation or any
member of its expanded affiliated group
did not engage in such activity through
an office or fixed place of business
within the United States.
``(iv) Special rules for acquired
entities.--
``(I) In general.--If an acquired
entity engaged in an activity described
in subparagraph (A) through an office
or fixed place of business in the
United States (other than an activity
which was a qualified headquarters
activity of the acquired entity for
purposes of subsection (a)) at any time
during the 1-year period preceding the
first date on which the acquired entity
became a member of the expanded
affiliated group of the eligible
foreign corporation, such activity
shall be treated as an activity engaged
in by the eligible foreign corporation
on the day preceding the first day the
requirements of subsection (b)(1)(B)
are met.
``(II) Activities not conducted in
united states for 5 years.--If
subclause (I) applies to an activity,
clause (iii) shall be applied to the
activity by substituting the date the
acquired entity became a member of the
expanded affiliated group of the
eligible foreign corporation for the
first day the requirements of
subsection (b)(1)(B) are met.
``(III) Acquired entity.--The term
`acquired entity' means any corporation
or partnership which became a member of
the eligible foreign corporation's
expanded affiliated group after the
first date the requirements of subsection (b)(1)(B) are met.
``(v) Predecessor entities.--For purposes
of this subparagraph, any activity conducted by
a predecessor or related person with respect to
a member of an expanded affiliated group shall
be treated as conducted by the member.
``(d) Termination and Recapture of Tax Benefits.--
``(1) In general.--This section shall not apply to any
qualified headquarters activities of an eligible foreign
corporation for any taxable year if the corporation at any time
during the taxable year or any preceding taxable year fails
to--
``(A) conduct the qualified headquarters activities
described in subsection (b)(2), or
``(B) meet the requirements of subsection (b)(3).
The Secretary may waive the application of this paragraph in
the case of a de minimis or inadvertent failure which is
corrected within a reasonable period of time after discovery.
``(2) Recapture of tax on certain eligible foreign
corporations.--
``(A) In general.--In addition to any tax imposed
by this chapter for the first taxable year during which
this section does not apply to an eligible foreign
corporation by reason of paragraph (1), there is hereby
imposed on the eligible foreign corporation a tax equal
to the recapture amount described in subparagraph (B).
``(B) Recapture amount.--
``(i) In general.--The recapture amount
described in this subparagraph shall be the sum
of the amounts determined for each of the 4
taxable years preceding the first taxable year
to which this section does not apply by reason
of paragraph (1) by multiplying the qualified
tax benefits for each such year by the
following recapture percentage:
``In the case of-- The recapture percentage is--
The immediately preceding taxable year........ 80%
The second preceding taxable year............. 60%
The third preceding taxable year.............. 40%
The fourth preceding taxable year............. 20%.
``(ii) Qualified tax benefits.--For
purposes of this subparagraph, the term
`qualified tax benefits' means, with respect to
any taxable year described in clause (i), an
amount equal to the excess (if any) of--
``(I) the amount of the tax
liability which a foreign corporation
would have had for the taxable year
under this chapter and chapter 3 if
this section had not applied, over
``(II) the amount of such tax
liability for such corporation for such
taxable year without regard to this
paragraph.
``(C) Interest.--
``(i) In general.--In addition to the tax
imposed by subparagraph (A), an eligible
foreign corporation shall pay interest on the
recapture amount.
``(ii) Calculation of interest.--The amount
of interest under clause (i) shall be
determined--
``(I) at the underpayment rate
specified in section 6621,
``(II) separately for each taxable
year, and
``(III) for the period beginning on
the due date for the tax return of the
corporation for such taxable year
(without regard to extensions) and
ending on the due date for the tax
return of the corporation for the first
taxable year to which this section
ceases to apply.
``(e) Expanded Affiliated Group.--For purposes of this section--
``(1) In general.--The term `expanded affiliated group'
means an affiliated group as defined in section 1504(a) but
without regard to paragraphs (2) and (3) of section 1504(b),
except that section 1504(a) shall be applied by substituting
`50 percent' for `80 percent' each place it appears.
``(2) Partnerships.--Such term includes any partnership in
which the eligible foreign corporation or its expanded
affiliated group owns directly or indirectly more than 50
percent of the capital or profit interests.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations--
``(1) which exclude from qualified headquarters activities
any activities of a type not ordinarily performed by a
corporation performing headquarters activities,
``(2) to apply this section in the case of eligible foreign
corporations that conduct activities in the United States other
than qualified headquarters activities, and
``(3) which prevent qualified foreign corporations from
expanding the benefits available by reason of this paragraph
through intercompany transactions.''
(b) Conforming Amendment.--The table of sections for subchapter Y
of chapter 1 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:
``Sec. 1400M. No additional corporate income taxes on foreign
corporations relocating headquarters
operations to New York Liberty Zone.'' | World Trade Center Zone Tax Incentive Act - Amends the Internal Revenue Code to state that if there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining: (1) the amount of any tax or withholding tax; or (2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country.Sets forth "qualified headquarters relocation" criteria with respect to transfers of employees and headquarters activities.Provides for termination and recapture of tax benefits for failure to meet such requirements.Defines "expanded affiliated group" for purposes of this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Loan Interest Forgiveness for
Education Act''.
SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 221 as
section 222 and by inserting after section 220 the following:
``SEC. 221. INTEREST ON EDUCATION LOANS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the interest paid by the taxpayer during the taxable year on any
qualified education loan.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--If the modified adjusted gross income of
the taxpayer for the taxable year exceeds $65,000 ($85,000 in
the case of a joint return), the amount which would (but for
this paragraph) be allowable as a deduction under this section
shall be reduced (but not below zero) by the amount which bears
the same ratio to the amount which would be so allowable as
such excess bears to $20,000.
``(2) Modified adjusted gross income.--For purposes of
paragraph (1), the term `modified adjusted gross income' means
adjusted gross income determined--
``(A) without regard to this section and sections
135, 911, 931, and 933, and
``(B) after application of sections 86, 219, and
469.
For purposes of sections 86, 135, 219, and 469, adjusted gross
income shall be determined without regard to the deduction
allowed under this section.
``(3) Inflation adjustment.--In the case of any taxable
year beginning after 1997, the $65,000 and $85,000 amounts
referred to in paragraph (1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section (1)(f)(3) for the calendar year in which
the taxable year begins, by substituting `1996' for
`1992'.
``(4) Rounding.--If any amount as adjusted under paragraph
(3) is not a multiple of $50, such amount shall be rounded to
the nearest multiple of $50.
``(c) Dependents Not Eligible for Deduction.--No deduction shall be
allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' means any indebtedness incurred to pay
qualified higher education expenses--
``(A) which are incurred on behalf of the taxpayer,
the taxpayer's spouse, or any dependent of the taxpayer
as of the time the indebtedness was incurred,
``(B) which are paid or incurred within a
reasonable period of time before or after the
indebtedness is incurred, and
``(C) which are attributable to education furnished
during a period during which the recipient was at least
a half-time student.
Such term includes indebtedness used to refinance indebtedness
which qualifies as a qualified education loan. The term
`qualified education loan' shall not include any indebtedness
owed to a person who is related (within the meaning of section
267(b) or 707(b)(1)) to the taxpayer.
``(2) Qualified higher education expenses.--The term
`qualified higher education expenses' means the cost of
attendance (as defined in section 472 of the Higher Education
Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before
the date of the enactment of this Act) of the taxpayer or the
taxpayer's spouse at an eligible educational institution,
reduced by the sum of--
``(A) the amount excluded from gross income under
section 135 by reason of such expenses, and
``(B) the amount of the reduction described in
section 135(d)(1).
For purposes of the preceding sentence, the term `eligible
educational institution' has the same meaning given such term
by section 135(c)(3), except that such term shall also include
an institution conducting an internship or residency program
leading to a degree or certificate awarded by an institution of
higher education, a hospital, or a health care facility which
offers postgraduate training.
``(3) Half-time student.--The term `half-time student'
means any individual who would be a student as defined in
section 151(c)(4) if `half-time' were substituted for `full-
time' each place it appears in such section.
``(4) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(e) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under this section for any amount for which a deduction
is allowable under any other provision of this chapter.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
deduction shall be allowed under subsection (a) only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(3) Marital status.--Marital status shall be determined
in accordance with section 7703.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Section 62(a) of the Internal Revenue Code of 1986
(defining adjusted gross income) is amended by inserting after
paragraph (16) the following:
``(17) Interest on education loans.--The deduction allowed
by section 221.''.
(c) Reporting Requirement.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 (relating to
information concerning transactions with other persons) is
amended by inserting after section 6050R the following:
``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN
TRADE OR BUSINESS FROM INDIVIDUALS.
``(a) Education Loan Interest of $600 or More.--Any person--
``(1) who is engaged in a trade or business, and
``(2) who, in the course of such trade or business,
receives from any individual interest aggregating $600 or more
for any calendar year on 1 or more qualified education loans,
shall make the return described in subsection (b) with respect to each
individual from whom such interest was received at such time as the
Secretary may by regulations prescribe.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe,
``(2) contains--
``(A) the name, address, and TIN of the individual
from whom the interest described in subsection (a)(2)
was received,
``(B) the amount of such interest received for the
calendar year, and
``(C) such other information as the Secretary may
prescribe.
``(c) Application to Governmental Units.--For purposes of
subsection (a)--
``(1) Treated as persons.--The term `person' includes any
governmental unit (and any agency or instrumentality thereof).
``(2) Special rules.--In the case of a governmental unit or
any agency or instrumentality thereof--
``(A) subsection (a) shall be applied without
regard to the trade or business requirement contained
therein, and
``(B) any return required under subsection (a)
shall be made by the officer or employee appropriately
designated for the purpose of making such return.
``(d) Statements To Be Furnished to Individuals With Respect To
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return, and
``(2) the aggregate amount of interest described in
subsection (a)(2) received by the person required to make such
return from the individual to whom the statement is required to
be furnished.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) was required to be made.
``(e) Qualified Education Loan Defined.--For purposes of this
section, except as provided in regulations prescribed by the Secretary,
the term `qualified education loan' has the meaning given such term by
section 221(d)(1).
``(f) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of interest received by any person on behalf
of another person, only the person first receiving such interest shall
be required to make the return under subsection (a).''.
(2) Assessable penalties.--Section 6724(d) of such Code
(relating to definitions) is amended--
(A) in paragraph (1)(B), by redesignating clauses
(x) through (xv) as clauses (xi) through (xvi),
respectively, and by inserting after clause (ix) the
following new clause:
``(x) section 6050S (relating to returns
relating to education loan interest received in
trade or business from individuals),'', and
(B) in paragraph (2), by striking ``or'' at the end
of the next to last subparagraph, by striking the
period at the end of the last subparagraph and
inserting ``, or'', and by adding at the end the
following new subparagraph:
``(Z) section 6050S(d) (relating to returns
relating to education loan interest received in trade
or business from individuals).''.
(d) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the last item and inserting the following:
``Sec. 221. Interest on education loans.
``Sec. 222. Cross reference.''.
(e) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 221(d)(1)
of the Internal Revenue Code of 1986, as added by this section)
incurred on, before, or after the date of the enactment of this Act,
but only with respect to any loan interest payment due after December
31, 1996. | Loan Interest Forgiveness for Education Act - Amends the Internal Revenue Code to allow a limited deduction (based on modified adjusted gross income) on an amount equal to the interest paid by a taxpayer on any qualified educational loan. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Conservation Through Trees
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the utility sector is the largest single source of
greenhouse gas emissions in the United States today, producing
approximately one-third of the country's emissions;
(2) heating and cooling homes accounts for nearly 60
percent of residential electricity usage in the United States;
(3) shade trees planted in strategic locations can reduce
residential cooling costs by as much as 30 percent;
(4) shade trees have significant clean-air benefits
associated with them;
(5) every 100 healthy large trees removes about 300 pounds
of air pollution (including particulate matter and ozone) and
about 15 tons of carbon dioxide from the air each year;
(6) tree cover on private property and on newly developed
land has declined since the 1970s, even while emissions from
transportation and industry have been rising; and
(7) in over a dozen test cities across the United States,
increasing urban tree cover has generated between two and five
dollars in savings for every dollar invested in such tree
planting.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' refers to the Secretary of
Energy.
(2) The term ``retail power provider'' means any entity
authorized under applicable State or Federal law to generate,
distribute, or provide retail electricity, natural gas, or fuel
oil service.
(3) The term ``tree-planting organization'' means any
nonprofit or not-for-profit group which exists, in whole or in
part, to--
(A) expand urban and residential tree cover;
(B) distribute young trees for planting;
(C) increase awareness of the environmental and
energy-related benefits of trees;
(D) educate the public about proper tree planting,
care, and maintenance strategies; or
(E) carry out any combination of the foregoing
activities.
(4) The term ``tree-siting guidelines'' means a
comprehensive list of science-based measurements outlining the
species and minimum distance required between trees planted
pursuant to this Act, in addition to the minimum required
distance to be maintained between such trees and--
(A) building foundations;
(B) air conditioning units;
(C) driveways and walkways;
(D) property fences;
(E) preexisting utility infrastructure;
(F) septic systems;
(G) swimming pools; and
(H) other infrastructure as deemed appropriate.
SEC. 4. PURPOSES.
The purpose of this Act is to establish a grant program to assist
retail power providers with the establishment and operation of targeted
residential tree-planting programs, for the following purposes:
(1) Reducing the peak-load demand for electricity in
residential areas during the summer months through direct
shading of buildings provided by strategically planted trees.
(2) Reducing wintertime demand for energy in residential
areas by blocking cold winds from reaching homes, which lowers
interior temperatures and drives heating demand.
(3) Protecting public health by removing harmful pollution
from the air.
(4) Utilizing the natural photosynthetic and transpiration
process of trees to lower ambient temperatures and absorb
carbon dioxide, thus mitigating the effects of climate change.
(5) Lowering electric bills for residential ratepayers by
limiting electricity consumption without reducing benefits.
(6) Relieving financial and demand pressure on retail power
providers that stems from large peak-load energy demand.
(7) Protecting water quality and public health by reducing
stormwater runoff and keeping harmful pollutants from entering
waterways.
(8) Ensuring that trees are planted in locations that limit
the amount of public money needed to maintain public and
electric infrastructure.
SEC. 5. GENERAL AUTHORITY.
(a) Assistance.--The Secretary is authorized to provide financial,
technical, and related assistance to retail power providers to assist
with the establishment of new, or continued operation of existing,
targeted residential tree-planting programs.
(b) Public Recognition Initiative.--In carrying out the authority
provided under this Act, the Secretary shall also create a national
public recognition initiative to encourage participation in tree-
planting programs by retail power providers.
(c) Eligibility.--Only those programs which utilize targeted,
strategic tree-siting guidelines to plant trees in relation to
residence location, sunlight, and prevailing wind direction shall be
eligible for assistance under this Act.
(d) Requirements.--In order to qualify for assistance under this
Act, a tree-planting program shall meet each of the following
requirements:
(1) The program shall provide free or discounted shade-
providing or wind-reducing trees to residential consumers
interested in lowering their home energy costs.
(2) The program shall optimize the electricity-consumption
reduction benefit of each tree by planting in strategic
locations around a given residence.
(3) The program shall either--
(A) provide maximum amounts of shade during summer
intervals when residences are exposed to the most sun
intensity; or
(B) provide maximum amounts of wind protection
during fall and winter intervals when residences are
exposed to the most wind intensity.
(4) The program shall use the best available science to
create tree siting guidelines which dictate where the optimum
tree species are best planted in locations that achieve maximum
reductions in consumer energy demand while causing the least
disruption to public infrastructure, considering overhead and
underground facilities.
(5) The program shall receive certification from the
Secretary that it is designed to achieve the goals set forth in
paragraphs (1) through (4). In designating criteria for such
certification, the Secretary shall collaborate with the United
States Forest Service's Urban and Community Forestry Program to
ensure that certification requirements are consistent with such
above goals.
(e) New Program Funding Share.--The Secretary shall ensure that no
less than 30 percent of the funds made available under this Act are
distributed to retail power providers which--
(1) have not previously established or operated qualified
tree-planting programs;
(2) are operating qualified tree-planting programs which
were established no more than three years prior to the date of
enactment of this Act.
SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS AND TREE-PLANTING
ORGANIZATIONS.
(a) Grant Authorization.--In providing assistance under this Act,
the Secretary is authorized to award grants only to retail power
providers that have entered into binding legal agreements with
nonprofit tree-planting organizations.
(b) Conditions of Agreement.--Those agreements between retail power
providers and tree-planting organizations shall set forth conditions
under which nonprofit tree-planting organizations shall provide
targeted residential tree-planting programs which may require these
organizations to--
(1) participate in local technical advisory committees
responsible for drafting general tree-siting guidelines and
choosing the most effective species of trees to plant in given
locations;
(2) coordinate volunteer recruitment to assist with the
physical act of planting trees in residential locations;
(3) undertake public awareness campaigns to educate local
residents about the benefits, cost savings, and availability of
free shade trees;
(4) establish education and information campaigns to
encourage recipients to maintain their shade trees over the
long term;
(5) serve as the point of contact for existing and
potential residential participants who have questions or
concerns regarding the tree-planting program;
(6) require tree recipients to sign agreements committing
to voluntary stewardship and care of provided trees;
(7) monitor and report on the survival, growth, overall
health, and estimated energy savings of provided trees up until
the end of their establishment period which shall be no less
than five years; and
(8) ensure that trees planted near existing power lines
will not interfere with energized electricity distribution
lines when mature, and that no new trees will be planted under
or adjacent to high-voltage electric transmission lines without
prior consultation with the applicable retail power provider
receiving assistance under this Act.
(c) Lack of Nonprofit Organization.--If qualified nonprofit or not-
for-profit tree planting organizations do not exist or operate within
areas served by retail power providers applying for assistance under
this Act, the requirements of this section shall apply to binding legal
agreements entered into by such retail power providers and one of the
following entities--
(1) local municipal governments with jurisdiction over the
urban or suburban forest;
(2) the State Forester for the State in which the tree
planting program will operate; or
(3) the United States Forest Service's Urban and Community
Forestry representative for the State in which the tree-
planting program will operate.
SEC. 7. TECHNICAL ADVISORY COMMITTEES.
(a) Description.--In order to qualify for assistance under this
Act, the retail power provider shall establish and consult with a local
technical advisory committee which shall provide advice and
consultation to the program, and may--
(1) design and adopt an approved plant list that emphasizes
the use of hardy, noninvasive tree species and, where
geographically appropriate, the use of native or low water-use
shade trees or both;
(2) design and adopt planting, installation, and
maintenance specifications and create a process for inspection
and quality control;
(3) ensure that tree recipients are educated to care for
and maintain their trees over the long term;
(4) help the public become more engaged and educated in the
planting and care of shade trees;
(5) prioritize which sites receive trees, giving preference
to locations with the most potential for energy conservation
and secondary preference to areas where the average annual
income is below the regional median; and
(6) assist with monitoring and collection of data on tree
health, tree survival, and energy conservation benefits
generated under this Act.
(b) Compensation.--Individuals serving on local technical advisory
committees shall not receive compensation for their service.
(c) Composition.--Local technical advisory committees shall be
composed of representatives from public, private, and nongovernmental
agencies with expertise in demand-side energy efficiency management,
urban forestry, or arboriculture, and shall be composed of the
following:
(1) Up to 4 persons, but no less than one person,
representing the retail power provider receiving assistance
under this Act.
(2) Up to 4 persons, but no less than one person,
representing the local tree-planting organization which will
partner with the retail power provider to carry out this Act.
(3) Up to 3 persons representing local nonprofit
conservation or environmental organizations. Preference shall
be given to those entities which are organized under section
501(c)(3) of the Internal Revenue Code of 1986, and which have
demonstrated expertise engaging the public in energy
conservation, energy efficiency, or green building practices or
a combination thereof, such that no single organization is
represented by more than one individual under this subsection.
(4) Up to 2 persons representing a local affordable housing
agency, affordable housing builder, or community development
corporation.
(5) Up to 3, but no less than one, persons representing
local city or county government for each municipality where a
shade tree-planting program will take place; at least one of
these representatives shall be the city or county forester,
city or county arborist, or functional equivalent.
(6) Up to one person representing the local government
agency responsible for management of roads, sewers, and
infrastructure, including but not limited to public works
departments, transportation agencies, or equivalents.
(7) Up to 2 persons representing the nursery and
landscaping industry.
(8) Up to 3 persons representing the research community or
academia with expertise in natural resources or energy
management issues.
(d) Chairperson.--Each local technical advisory committee shall
elect a chairperson to preside over Committee meetings, act as a
liaison to governmental and other outside entities, and direct the
general operation of the committee; only committee representatives from
subsection (c)(1) or subsection (c)(2) of this section shall be
eligible to act as local technical advisory committee chairpersons.
(e) Credentials.--At least one of the members of each local
technical advisory committee shall be certified with one or more of the
following credentials: International Society of Arboriculture;
Certified Arborist, ISA; Certified Arborist Municipal Specialist, ISA;
Certified Arborist Utility Specialist, ISA; Board Certified Master
Arborist; or Registered Landscape Architect recommended by the American
Society of Landscape Architects.
SEC. 8. COST-SHARE PROGRAM.
(a) Federal Share.--The Federal share of support for projects
funded under this Act shall not exceed 50 percent of the cost of such
project and shall be provided on a matching basis.
(b) Non-Federal Share.--The non-Federal share of such costs may be
paid or contributed by any governmental or nongovernmental entity other
than from funds derived directly or indirectly from an agency or
instrumentality of the United States.
SEC. 9. RULEMAKING.
(a) Rulemaking Period.--The Secretary shall be authorized to
solicit comments and initiate a rulemaking period that shall last no
more than 6 months after the date of enactment of this Act.
(b) Competitive Grant Rule.--At the conclusion of the rulemaking
period under subsection (a), the Secretary shall promulgate a rule
governing a public, competitive grants process through which retail
power providers may apply for Federal support under this Act.
SEC. 10. NONDUPLICITY.
Nothing in this Act shall be construed to supersede, duplicate,
cancel, or negate the programs or authorities provided under section 9
of the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369;
Public Law 95-313; 16 U.S.C. 2105).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary for the implementation of this Act. | Energy Conservation Through Trees Act - Authorizes the Secretary of Energy (DOE) to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs.
Requires the Secretary to create a national public recognition initiative to encourage participation in tree-planting programs by such providers.
Limits assistance provided under this Act to programs that utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction. Sets forth requirements that must be met for tree-planting programs to qualify for assistance.
Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations.
Requires providers, in order to qualify for assistance, to establish and consult with a local technical advisory committee, which shall provide advice and consultation to the program, and which may: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burma Human Rights and Democracy Act
of 2014''.
SEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA.
(a) Limitation.--
(1) In general.--No funds authorized to be appropriated or
otherwise made available for fiscal year 2014 or 2015 may be
made available for security assistance described in paragraph
(2) to the Government of Burma unless the Secretary of State
certifies to the appropriate congressional committees that--
(A) the Government of Burma has taken concrete
steps toward--
(i) establishing civilian oversight of the
armed forces;
(ii) addressing human rights abuses by the
Burmese military, including publicly
acknowledging that human rights abuses have
been and continue to be committed by the
Burmese military, and committing to a zero
tolerance policy against such human rights
abuses; and
(iii) terminating military relations with
North Korea;
(B) the Government of Burma has taken concrete
steps to establish a fair, transparent and inclusive
process to amend the Constitution of Burma, including
the full participation of the political opposition and
all ethnic minority groups, and the constitutional
reform process will provide the basis for free, fair,
and competitive elections in Burma;
(C) the Government of Burma has amended its
constitution and laws to ensure civilian control of the
military and implemented reforms to increase the
transparency and accountability of the military's
budget and operations, and the Burmese military has
taken substantial and meaningful steps to divest itself
from ownership of commercial businesses;
(D) the Government of Burma is showing meaningful
and well-documented efforts to promote peace agreements
or political reconciliation and equal and fair
treatment of all ethnic groups in conflict areas or
areas of unrest, and to actively address the
resettlement and humanitarian situation of displaced
persons; and
(E) the Burmese military is--
(i) improving its human rights record, as
measured by consistent decreases in reports of
forced labor, indefinite detention, torture, or
cruel, inhumane, and degrading treatment of
detainees, and use in armed conflict of
indiscriminate or disproportionate methods and
means of attack;
(ii) demonstrating a genuine interest in
reform by ceasing attacks against ethnic
minority groups in both ceasefire and non-
ceasefire areas;
(iii) taking steps to withdraw forces from
conflict zones, including by halting the use of
soldiers in economic development projects;
(iv) adhering to the conditions of
ceasefire agreements; and
(v) signing and implementing a code of
conduct.
(2) Definition.--In this subsection, the term ``security
assistance'' means--
(A) assistance under chapter 2 (military
assistance), chapter 5 (military education and
training), or chapter 6 (peacekeeping operations) of
part II of the Foreign Assistance Act of 1961;
(B) assistance under chapter 8 of part II of the
Foreign Assistance Act of 1961, chapter 9 of part II of
such Act, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act, or the
Foreign Assistance Act of 1961 for demining programs
and activities to be carried out by or in conjunction
with military units or personnel of a foreign country;
(C) sales of defense articles or defense services,
extensions of credits (including participations in
credits), and guaranties of loans under the Arms Export
Control Act; or
(D) any license in effect with respect to the
export of defense articles or defense services to or
for the armed forces, police, intelligence, or other
internal security forces of Burma under section 38 of
the Arms Export Control Act.
(3) Applicability to fy 2014 funds.--The limitation on the
availability of funds under this subsection for fiscal year
2014 shall apply with respect to funds that are unobligated as
of the date of the enactment of this Act.
(4) Sense of congress.--Nothing in this Act should be
construed either to prevent participation by Burmese
authorities in training on civil-military relations and human
rights, as carried out by the Defense Institute of
International Legal Studies, or to prevent United States
disaster assistance in Burma.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on the strategy for, and
plans and status of, engagement between the United States and
the Burmese military.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description and assessment of the Government
of Burma's strategy for security sector reform, an
identification and comprehensive analysis of those
reform elements that the United States Government
should support, and a multi-year cost estimate for
providing such support.
(B) The United States strategy for the relationship
between the United States and the Burmese military,
including a description of how and why such engagements
are necessary for United States national security.
(C) An assessment of the human rights record of the
Burmese military over the past decade, including--
(i) an account of violations of human
rights and laws of armed conflict by the
Burmese military and all paramilitary and
security forces under its command, including
against ethnic minority groups;
(ii) a description of efforts by the
Burmese military to implement human rights
reforms; and
(iii) a description of progress in the
relationship between the United States and the
Burmese military and such reforms.
(D) An assessment of any substantial and meaningful
steps taken by the Burmese military to implement
reforms to increase transparency and accountability of
the military's budget and operations and to divest
itself from ownership of commercial business.
(E) A list of ongoing activities conducted by the
United States Government and other international donors
with the Burmese military, including a description of
each such activity.
(F) An update on activities that were listed in
previous reporting.
(G) A list of activities that are planned to occur
over the upcoming year, with a written description of
each.
(H) A description of progress on the peaceful
settlement of armed conflicts between the Government of
Burma and ethnic minority groups, including the steps
taken by the Burmese military to demonstrate respect
for ceasefires, laws of armed conflict, and human
rights provisions prohibiting rape, torture, forced
labor, trafficking, and the use of child soldiers.
(I) A description of the concrete steps the
Government of Burma has taken--
(i) to establish a fair, transparent, and
inclusive process to amend the Constitution of
Burma;
(ii) to promote peace agreements or
political reconciliation and equal and fair
treatment of all ethnic groups in conflict
areas or areas of unrest; and
(iii) to actively address the resettlement
and humanitarian situation of displaced
persons.
(J) An assessment of the status of the Burmese
military's cooperation with civilian authorities to
investigate and resolve cases of human rights
violations.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex as necessary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate. | Burma Human Rights and Democracy Act of 2014 - Prohibits FY2014 or FY2015 funds from being made available for security assistance to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea; (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups; (3) Burma has amended its constitution and laws to ensure civilian control of the military; (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons; and (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. States that nothing in this Act should be construed to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent U.S. disaster assistance in Burma. Directs the Secretary of State to report annually to Congress on the status of military-to-military engagement between the U.S. Armed Forces and the Burmese military. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dru Sjodin National Sex Offender
Public Database Act of 2004'' or ``Dru's Law''.
SEC. 2. DEFINITION.
In this Act:
(1) Criminal offense against a victim who is a minor.--The
term ``criminal offense against a victim who is a minor'' has
the same meaning as in section 170101(a)(3) of the Jacob
Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14071(a)(3)).
(2) Minimally sufficient sexual offender registration
program.--The term ``minimally sufficient sexual offender
registration program'' has the same meaning as in section
170102(a) of the Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act (42 U.S.C.
14072(a)).
(3) Sexually violent offense.--The term ``sexually violent
offense'' has the same meaning as in section 170101(a)(3) of
the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
(4) Sexually violent predator.--The term ``sexually violent
predator'' has the same meaning as in section 170102(a) of the
Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14072(a)).
SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.
(a) In General.--The Attorney General shall--
(1) make publicly available in a registry (in this Act
referred to as the ``public registry'') from information
contained in the the National Sex Offender Registry, via the
Internet, all information described in subsection (b); and
(2) allow for users of the public registry to determine
which registered sex offenders are currently residing within a
radius, as specified by the user of the public registry, of the
location indicated by the user of the public registry.
(b) Information Available in Public Registry.--With respect to any
person convicted of a criminal offense against a victim who is a minor
or a sexually violent offense, or any sexually violent predator,
required to register with a minimally sufficient sexual offender
registration program within a State, including a program established
under section 170101 of the Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration Act (42 U.S.C. 14017(b)),
the public registry shall provide, to the extent available in the
National Sex Offender Registry--
(1) the name and any known aliases of the person;
(2) the date of birth of the person;
(3) the current address of the person and any subsequent
changes of that address;
(4) a physical description and current photograph of the
person;
(5) the nature of and date of commission of the offense by
the person;
(6) the date on which the person is released from prison,
or placed on parole, supervised release, or probation; and
(7) any other information the Attorney General considers
appropriate.
SEC. 4. RELEASE OF HIGH RISK INMATES.
(a) Civil Commitment Proceedings.--
(1) In general.--Any State that provides for a civil
commitment proceeding, or any equivalent proceeding, shall
issue timely notice to the attorney general of that State of
the impending release of any person incarcerated by the State
who--
(A) is a sexually violent predator; or
(B) has been deemed by the State to be at high-risk
for recommitting any sexually violent offense or
criminal offense against a victim who is a minor.
(2) Review.--Upon receiving notice under paragraph (1), the
State attorney general shall consider whether or not to
institute a civil commitment proceeding, or any equivalent
proceeding required under State law.
(b) Monitoring of Released Persons.--
(1) In general.--Each State shall intensively monitor, for
not less than 1 year, any person described under paragraph (2)
who--
(A) has been unconditionally released from
incarceration by the State; and
(B) has not been civilly committed pursuant to a
civil commitment proceeding, or any equivalent
proceeding under State law.
(2) Applicability.--Paragraph (1) shall apply to--
(A) any sexually violent predator; or
(B) any person who has been deemed by the State to
be at high-risk for recommitting any sexually violent
offense or criminal offense against a victim who is a
minor.
(c) Compliance.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act in which to
implement the requirements of this section.
(2) Ineligibility for funds.--A State that fails to
implement the requirements of this section, shall not receive
25 percent of the funds that would otherwise be allocated to
the State under section 20106(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)).
(3) Reallocation of funds.--Any funds that are not
allocated for failure to comply with this section shall be
reallocated to States that comply with this section.
Passed the Senate November 19, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Dru Sjodin National Sex Offender Public Database Act of 2004 or Dru's Law - Directs the Attorney General to: (1) make publicly available in a registry via the Internet, from information contained in the National Sex Offender Registry, specified information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor, who are required to register with a minimally sufficient State sexual offender registration program; and (2) allow registry users to identity offenders who are currently residing within a radius of the location indicated by the user. Requires registry information to include the offender's name, address, date of birth, physical description, and photograph, the nature and date of commission of the offense, and the date on which the person is released from prison or placed on parole, supervised release, or probation
Requires: (1) any State that provides for a civil commitment proceeding to notify the State attorney general of the impending release of a sexually violent predator or a person has been deemed to be at high-risk for recommitting any sexually violent offense or criminal offense against a minor; (2) the State attorney general to consider instituting a civil commitment proceeding; and (3) each State to intensively monitor, for at least a year, any such person who has been unconditionally released by the State and who has not been civilly committed.
Makes a State that fails to implement Act requirements ineligible to receive 25 percent of funds that would otherwise be allocated to it under the Violent Crime Control and Law Enforcement Act of 1994. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Access and Refundability
Expansion Act'' or as the ``Child CARE Act''.
SEC. 2. CREDIT FOR DEPENDENT CARE EXPENSES.
(a) Credit Made Refundable.--
(1) In general.--The Internal Revenue Code of 1986 is
amended by redesignating section 21 as section 36C and by
moving such section after section 36B.
(2) Credit not allowed for services provided outside the
united states.--Section 36C(b)(2)(A) of such Code, as
redesignated by this section, is amended by adding at the end
the following: ``Such term shall not include any amount paid
for services provided outside the United States.''.
(3) Conforming amendments.--
(A) Section 23(f)(1) of such Code is amended by
striking ``section 21(e)'' and inserting ``section
36C(e)''.
(B) Section 35(g)(6) of such Code is amended by
striking ``section 21(e)'' and inserting ``section
36C(e)''.
(C) Section 36C(a)(1) of such Code, as redesignated
by this section, is amended by striking ``this
chapter'' and inserting ``this subtitle''.
(D) Section 129(a)(2)(C) of such Code is amended by
striking ``section 21(e)'' and inserting ``section
36C(e)''.
(E) Section 129(b)(2) of such Code is amended by
striking ``section 21(d)(2)'' and inserting ``section
36C(d)(2)''.
(F) Section 129(e)(1) of such Code is amended by
striking ``section 21(b)(2)'' and inserting ``section
36C(b)(2)''.
(G) Section 213(e) of such Code is amended by
striking ``section 21'' and inserting ``section 36C''.
(H) Section 6211(b)(4)(A) of such Code is amended
by inserting ``36C,'' after ``36B,''.
(I) Section 6213(g)(2)(H) of such Code is amended
by striking ``section 21'' and inserting ``section
36C''.
(J) Section 6213(g)(2)(L) of such Code is amended
by striking ``section 21, 24, 32, or 6428'' and
inserting ``section 24, 32, 36C, or 6428''.
(K) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(L) The table of sections for subpart A 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 21.
(M) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 36B the
following new item:
``Sec. 36C. Expenses for household and dependent care services
necessary for gainful employment.''.
(b) Increase in Dollar Limitation.--Section 36C(c) of such Code, as
redesignated by this section, is amended--
(1) by striking ``$3,000'' in paragraph (1) and inserting
``$8,000'', and
(2) by striking ``$6,000'' in paragraph (2) and inserting
``twice the dollar amount in effect under paragraph (1)''.
(c) Credit Allowed for 50 Percent of Qualified Expenses.--Section
36C(a)(2) of such Code, as redesignated by this section, is amended by
striking ``35 percent'' and all that follows and inserting ``50
percent.''.
(d) Income Limitation.--Section 36C(a) of such Code, as
redesignated by this section, is amended by adding at the end the
following new paragraph:
``(3) Income limitation.--No credit shall be allowed under
paragraph (1) with respect to any taxpayer for any taxable year
if the taxpayer's adjusted gross income for such taxable year
exceeds $200,000.''.
(e) Inflation Adjustment of Dollar and Income Limitations.--Section
36C(e) of such Code, as redesignated by this section, is amended by
adding at the end the following new paragraph:
``(11) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2015, the $8,000
amount in subsection (c)(1) and the $200,000 amount in
subsection (a)(3) shall each be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2014'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--Any increase determined under
subparagraph (A) shall be rounded to the nearest
multiple of $100.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 3. CREDIT FOR EDUCATION OF EMPLOYEES OF CHILD CARE CENTERS.
(a) In General.--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 section:
``SEC. 45S. CHILD CARE CENTER EDUCATION CREDIT.
``(a) In General.--For the purposes of section 38, the child care
center education credit determined under this section for the taxable
year is an amount equal to 50 percent of so much of the child care
educational expenses paid or incurred by the taxpayer with respect to
the operation of a qualified child care center during the taxable year.
``(b) Limitation.--The child care educational expenses taken into
account under subsection (a) with respect to any eligible employee of
the taxpayer for any taxable year shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Child care educational expenses.--
``(A) In general.--The term `child care educational
expenses' means, with respect to any eligible employee,
expenses paid or incurred by the taxpayer to an
eligible educational institution (as defined in section
25A(f)(2)) for classes related to early childhood
education or development or child care certification.
``(B) Eligible employee.--The term `eligible
employee' means any employee of the taxpayer whose
primary job function is providing care to children in a
qualified child care center.
``(2) Qualified child care center.--The term `qualified
child care center' means any dependent care center (as defined
in section 36C(b)(2)(D)) located in the United States which
meets the requirements of section 36C(b)(2)(C)(i).
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for the portion of the expenses otherwise allowable
as a deduction that are taken into account in determining the credit
under this section for the taxable year.''.
(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 (35), by striking the period at the end of paragraph (36)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(37) the child care center education credit determined
under section 45S(a).''.
(c) 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. 45S. Child care center education credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date. | Child Care Access and Refundability Expansion Act or the Child CARE Act This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) make such credit refundable, (2) deny such credit for services provided outside the United States, (3) increase the dollar limit on the allowable amount of such credit and the percentage rate for qualified expenses, (4) deny such credit for taxpayers whose adjusted gross income exceeds $200,000 in a taxable year; and (5) allow an annual inflation adjustment to the threshold amount for reducing such credit and the maximum allowable credit amount, beginning after 2015. The bill also allows a new tax credit for 50% of the child care educational expenses, up to a maximum of $1,000 in any taxable year, paid with respect to the operation of a qualified child care center. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pima County Land Adjustment Act''.
SEC. 2. LAND EXCHANGE, IRONWOOD-MOORE, EMPIRITA-SIMONSON, AND SAHUARITA
PROPERTIES, ARIZONA.
(a) Exchange Authorized.--If Las Cienegas Conservation, LLC,
conveys to the Secretary of the Interior all right, title, and interest
of Las Cienegas Conservation, LLC, in and to the Ironwood-Moore
property and the Empirita-Simonson property, the Secretary shall convey
to Las Cienegas Conservation, LLC, all right, title, and interest of
the United States in and to the Sahuarita property.
(b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson
property, the Secretary shall modify the boundaries of the Las Cienegas
National Conservation Area to include the Empirita-Simonson property.
(c) Time for Exchange.--Except as otherwise provided by this Act,
the land exchange authorized under this section shall be completed
prior to the expiration of the 90-day period beginning on the later of
the following dates:
(1) The date on which the title standards described in
section 4(a) are met with regard to the properties to be
conveyed to the United States.
(2) The date on which the appraisals described in section
4(c)(1) for the properties are approved by both the Secretary
and Las Cienegas Conservation, LLC, or in the case of a dispute
concerning an appraisal or appraisal issue arising under that
section, the date the dispute is resolved under that section.
(d) Cash Equalization Payment.--
(1) In general.--If the values of lands to be exchanged
under this section are not equal, they shall be equalized by
the payment of cash to the Secretary or Las Cienegas
Conservation, LLC, as the circumstances dictate, in accordance
with section 206(b) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(b)).
(2) Disposition and use of funds.--Notwithstanding any
other provision of law, any cash equalization payment received
by the Secretary under this section shall be deposited into a
separate account in the Treasury, which shall be available to
the Secretary, without further appropriation and until
expended, solely for the purpose of--
(A) the acquisition of land or interests in land
within or adjacent to national conservation lands in
southern Arizona; and
(B) resource management by the Bureau of Land
Management in Pima County, Arizona.
(e) Water Rights.--
(1) Lands owned by pima county.--The exchange under this
section may not take place unless Neal Simonson and Pima
County, Arizona, enter into an agreement under which Neal
Simonson relinquishes to Pima County any right to withdraw
water from lands owned by Pima County in section 17, township
17 south, range 18 east, Gila and Salt River Baseline and
Meridian.
(2) Empirita-simonson property.--The exchange under this
section may not take place unless Neal Simonson and the
Secretary enter into an agreement under which Neal Simonson
limits his reserved withdrawal right on the Empirita-Simonson
property to maximum of 550 acre feet per year.
(f) Road Access Prohibited.--The Secretary may not construct or
authorize the construction of any temporary or permanent road in any
portion of the Empirita-Simonson property acquired under this section
if the road would provide access to or from any property which is not
within the Las Cienegas National Conservation Area.
(g) Environmental Review.--As a condition of the exchange, Las
Cienegas Conservation, LLC, shall reimburse the Secretary for the
direct costs of all environmental reviews of the lands to be exchanged
under this section that are required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(h) Endangered Species Act Review.--The Secretary shall review the
conveyance of the Sahuarita property under this section in accordance
with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(1)).
SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY.
(a) Acquisition of Tumamoc Hill Property.--
(1) In general.--Notwithstanding any other provision of
law, upon the expiration of the 30-day period beginning on the
date of the enactment of this Act, all right, title, and
interest to, and the right to immediate possession of, the
Tumamoc Hill property is hereby vested in the United States.
The Tumamoc Hill property shall remain subject to existing
easements of record.
(2) Compensation.--As consideration for the Tumamoc Hill
property acquired under paragraph (1), the State of Arizona,
State Land Department, shall receive an amount equal to the
agreed negotiated value of the Tumamoc Hill property,
determined as of the date of the acquisition, or the just
compensation determined by judgment.
(3) Determination of value by court.--In the absence of
agreement as to the amount of just compensation, the State of
Arizona or the Secretary may initiate a proceeding in the
United States District Court for the District of Arizona
seeking a determination of just compensation for the
acquisition of the Tumamoc Hill property.
(b) Conveyance Authorized.--
(1) In general.--When Pima County, Arizona, pays to the
State of Arizona, State Land Department, the amount of
compensation determined under subsection (a), the Secretary
shall convey to Pima County all right, title, and interest of
the United States in and to the Tumamoc Hill property.
(2) Time for conveyance.--The conveyance authorized under
paragraph (1) shall be completed prior to the expiration of the
60-day period which begins on the date Pima County pays to the
State of Arizona, State Land Department, the amount described
in paragraph (1).
SEC. 4. ADMINISTRATION OF LAND EXCHANGES.
(a) Title Standards.--The Secretary shall require that title to the
lands to be exchanged under this Act conform with the title standards
of the Attorney General of the United States.
(b) Corrections to Legal Descriptions.--By mutual agreement, the
Secretary and the party involved may adjust the legal descriptions
contained in this Act to correct errors or to make minor adjustments in
the boundaries of the lands to be exchanged.
(c) Appraisals.--
(1) In general.--The values of the lands to be exchanged
under this Act shall be determined by the Secretary through an
appraisal performed by a qualified appraiser mutually agreed to
by the Secretary and the party involved and performed in
conformance with the Uniform Appraisal Standards for Federal
Land Acquisitions (United States Department of Justice,
December 2000), the Uniform Standards of Professional Appraisal
Practice, and section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(2) Deadline for appraisals.--All appraisals under this Act
shall be completed and submitted to the Secretary and the party
involved for approval before the expiration of the 180-day
period beginning on the date of the enactment of this Act.
(d) Deadline for Environmental Reviews.--Before the expiration of
the 180-day period beginning on the date of the enactment of this Act,
the Secretary shall complete all environmental reviews of lands to be
exchanged under this Act that are required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``Empirita-Simonson property'' means the
parcel of land consisting of approximately 2,490 acres in
sections 14, 22, 23, 24, 25, 26, and 36, township 17 south,
range 18 east, Gila and Salt River Base and Meridian.
(2) The term ``Ironwood-Moore property'' means the parcel
of land consisting of approximately 600 acres in section 32,
township 11 south, range 9 east, Gila and Salt River Base and
Meridian.
(3) The term ``Sahuarita property'' means the parcel of
land consisting of approximately 1,280 acres in sections 5, 7,
and 8, township 17 south, range 15 east, Gila and Salt River
Base and Meridian.
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Tumamoc Hill property'' means the parcel of
land owned by the State of Arizona consisting of approximately
290 acres in sections 9, 10, 15, and 16 township 14 south,
range 13 east, Gila and Salt River Base and Meridian, excluding
approximately 30 acres of landfill as shown on the map on file
in the records of Pima County, Arizona. | Pima County Land Adjustment Act - Requires the Secretary of the Interior to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for both the Ironwood-Moore property, which consists of approximately 600 acres, and the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property.
Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving and Reforming SSDI (PAR-
SSDI) Act of 2016''.
SEC. 2. CONSIDERATION OF VOCATIONAL FACTORS IN DISABILITY
DETERMINATIONS.
(a) Language Proficiency.--Section 223(d)(2) of the Social Security
Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the
following:
``(D) In determining whether an individual is under a
disability, the Commissioner shall make such determination
without regard to the individual's ability to communicate in
English.''.
(b) Quarters of Coverage Requirement.--Section 223(d)(2) of the
Social Security Act (42 U.S.C. 423(d)(2)), as amended by subsection
(a), is further amended by adding at the end the following:
``(E) In determining whether an individual is under a
disability for a month, the Commissioner may not consider the
individual's vocational background unless the individual had
not less than 16 quarters of coverage during the 24-quarter
period ending with the quarter in which such month occurs.''.
(c) Periodic Update of Vocational and Educational Factors.--Not
later than 5 years after the date of the enactment of this Act and not
later than the end of every subsequent 5-year period, the Commissioner
of Social Security shall prepare and implement a complete update of the
vocational and educational factors considered in making disability
determinations under title II of the Social Security Act.
(d) Effective Date.--The amendments made by this section shall
apply with respect to applications for disability insurance benefits
filed on or after the date of the enactment of this Act.
SEC. 3. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN
A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED.
(a) In General.--Section 223(d)(4) of the Social Security Act (42
U.S.C. 423(d)(4)) is amended by adding at the end the following:
``(C)(i) If for any week in whole or in part within a month an
individual is paid or determined to be eligible for unemployment
compensation, such individual shall be deemed to have engaged in
substantial gainful activity for such month.
``(ii) For purposes of clause (i), the term `unemployment
compensation' means--
``(I) `regular compensation', `extended
compensation', and `additional compensation' (as such
terms are defined by section 205 of the Federal-State
Extended Unemployment Compensation Act (26 U.S.C. 3304
note)); and
``(II) trade adjustment assistance under title II
of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(b) Trial Work Period.--Section 222(c) of the Social Security Act
(42 U.S.C. 422(c)) is amended by adding at the end the following:
``(6)(A) For purposes of this subsection, an individual shall be
deemed to have rendered services in a month if the individual is
entitled to unemployment compensation for such month.
``(B) For purposes of subparagraph (A), the term
`unemployment compensation' means--
``(i) `regular compensation', `extended
compensation', and `additional compensation' (as such
terms are defined by section 205 of the Federal-State
Extended Unemployment Compensation Act (26 U.S.C. 3304
note)); and
``(ii) trade adjustment assistance under title II
of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(c) Data Matching.--The Commissioner of Social Security shall
implement the amendments made by this section using appropriate
electronic data.
(d) Effective Date.--The amendments made by this subsection shall
apply with respect to individuals who initially apply for disability
insurance benefits on or after January 1, 2017.
SEC. 4. ELIGIBILITY FOR MEDICARE.
(a) In General.--Section 226(b)(2) of the Social Security Act (42
U.S.C. 426(b)) is amended--
(1) in subparagraph (A), by striking ``24 calendar months''
and inserting ``60 calendar months'';
(2) in subparagraph (B), by striking ``24 months'' and
inserting ``60 months'';
(3) in subparagraph (C)(ii), by striking ``24 months'' and
inserting ``60 months''; and
(4) in the matter following subparagraph (C)(ii)(II)--
(A) by striking ``twenty-fifth month'' before ``of
his entitlement or status'' and inserting ``sixty-first
month''; and
(B) by striking ```twenty-fifth month of his
entitlement' refers to the first month after the
twenty-fourth month'' and inserting ```sixty-first
month of his entitlement' refers to the first month
after the sixtieth month''.
(b) Conforming Amendments.--Section 226 of such Act (42 U.S.C.
426), as amended by subsection (a), is further amended--
(1) in subsection (e)(1)(B), by striking ``24 months'' and
inserting ``60 months''; and
(2) in subsection (f), by striking ``24 months'' and
inserting ``60 months''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to applications for disability insurance benefits
filed on or after the date of the enactment of this Act.
SEC. 5. INCLUSION OF UNEARNED INCOME IN DETERMINATION OF SUBSTANTIAL
GAINFUL ACTIVITY.
(a) In General.--Section 223(d)(4) of the Social Security Act (42
U.S.C. 423(d)(4)), as amended by section 3(b), is further amended by
adding at the end the following:
``(D)(i) If the amount of unearned income (as defined in section
1612) of an individual for a month is equal to or greater than the
monthly income limit for such month, the individual shall be deemed to
have engaged in substantial gainful activity for such month.
``(ii) For purposes of this subparagraph, the monthly income limit
is the amount of earnings derived from services, prescribed by the
Commissioner under regulations issued pursuant to subparagraph (A),
sufficient to demonstrate an individual's ability to engage in
substantial gainful activity for a month.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to monthly insurance benefits paid for months
beginning after the date that is 1 year after the date of the enactment
of this Act.
SEC. 6. MEDICAL EVIDENCE IN DISABILITY DETERMINATIONS.
(a) Exclusion of Medical Evidence That Is Not Submitted in Its
Entirety or Furnished by a Licensed Practitioner.--Section 223(d)(5) of
the Social Security Act (42 U.S.C. 423(d)(5)) is amended--
(1) in subparagraph (B), by striking ``In'' and inserting
``Subject to subparagraphs (C) and (D), in''; and
(2) by adding at the end the following new subparagraphs:
``(C)(i) An individual and, if applicable, such individual's
representative shall submit, in its entirety and without redaction, all
relevant medical evidence known to the individual or the representative
to the Commissioner of Social Security.
``(ii) In the case of a hearing before an administrative
law judge to determine if an individual is under a disability
(as defined in paragraph (1)), the Commissioner of Social
Security shall not consider any piece of medical evidence
furnished by an individual or such individual's representative
unless such individual and, if applicable, such individual's
representative, certifies at the hearing that all relevant
medical evidence has been submitted in its entirety and without
redaction.
``(iii) For purposes of this subparagraph, the term
`relevant medical evidence' means any medical evidence relating
to the individual's claimed physical or mental impairments that
the Commissioner of Social Security should consider to
determine whether the individual is under a disability,
regardless of whether such evidence is favorable or unfavorable
to the individual's case, but shall not include any oral or
written communication or other document exchanged between the
individual and such individual's attorney representative that
are subject to attorney-client privilege or work product
doctrine, unless the individual voluntarily discloses such
communication to the Commissioner. Neither the attorney-client
privilege nor the work product doctrine shall prevent from
disclosure medical evidence, medical source opinions, or any
other factual matter that the Commissioner may consider in
determining whether or not the individual is entitled to
benefits.
``(iv) Any individual or representative who knowingly
violates this subparagraph shall be guilty of making a false
statement or representation of material fact, shall be subject
to civil and criminal penalties under sections 208 and 1129,
and, in the case of a representative, shall be suspended or
disqualified from appearing before the Social Security
Administration.
``(D) The Commissioner of Social Security shall not consider any
evidence furnished by a physician or health care practitioner who is
not licensed or has been sanctioned.''.
(b) Health Care Providers Supplying Consultative Exams.--
(1) In general.--Beginning 1 year after the date of
enactment of this Act, in determining whether an individual
applying for disability insurance benefits under title II of
the Social Security Act is disabled, the Commissioner of Social
Security shall not consider medical evidence resulting from a
consultative exam with a health care provider conducted for the
purpose of supporting the individual's application unless the
evidence is accompanied by a Medical Consultant Acknowledgment
Form signed by the health care provider who conducted the exam.
(2) Medical consultant acknowledgment form.--
(A) Definition.--As used in this subsection, the
term ``Medical Consultant Acknowledgment Form'' means a
form published by the Commissioner of Social Security
that meets the requirements of subparagraph (B).
(B) Requirements.--The Commissioner of Social
Security shall develop the Medical Consultant
Acknowledgment Form and make it available to the public
not later than 6 months after the date of enactment of
this Act. The contents of the Medical Consultant
Acknowledgment Form shall include--
(i) information on how medical evidence is
used in disability determinations;
(ii) instructions on completing a residual
functional capacity form;
(iii) information on the legal and ethical
obligations of a health care provider who
supplies medical evidence for use in a
disability determination, including any civil
or criminal penalties that may be imposed on a
health care provider who supplies medical
evidence for use in a disability determination;
and
(iv) a statement that the signatory has
read and understands the contents of the form.
(3) Penalties for fraud.--In addition to any other
penalties that may be prescribed by law, any individual who
forges a signature on a Medical Consultant Acknowledgment Form
submitted to the Commissioner of Social Security shall be
guilty of making a false statement or representation of
material fact, and upon conviction shall be subject to civil
and criminal penalties under sections 208 and 1129 of the
Social Security Act and, in the case of a representative, shall
be suspended or disqualified from appearing before the Social
Security Administration.
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to applications for disability insurance benefits
filed on or after the date of the enactment of this Act.
SEC. 7. 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 Preserving and Reforming SSDI (PAR-
SSDI) Act of 2016'' after ``1986''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to adjustments effective with or after the first
December that begins at least 3 years after the date of the enactment
of this Act.
SEC. 8. THIRD-PARTY INCOME VERIFICATION.
(a) In General.--Section 223(i) of the Social Security Act (42
U.S.C. 423(i)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5)(A) In any case in which the Commissioner of Social Security
initiates a review under this subsection of the case of an individual
who has been determined to be under a disability, such review shall
include an independent estimate by a qualified social security income
verification contractor of such individual's monthly income at the time
of such review.
``(B) Upon initiating a review of an individual under this
subsection, the Commissioner of Social Security shall provide such
individual's name, address, and social security account number to a
qualified social security income verification contractor for purposes
of obtaining the independent estimate described in subparagraph (A).
``(C)(i) Not later than 60 days after the date of the enactment of
this paragraph, the Commissioner of Social Security shall enter into
one or more qualified income verification contracts.
``(ii) For purposes of this paragraph, the term `qualified social
security income verification contract' means any contract which is for
the services of any person (other than an officer or employee of the
Social Security Administration)--
``(I) to provide an estimate (based on the best information
available to such person) of the income of any individual
specified by the Commissioner as described in subparagraph (A);
``(II) to provide such information regarding the basis for
such estimate as the Commissioner may specify; and
``(III) that prohibits each person providing such services
from contacting the individual, employers of the individual,
members of the individual's family, and such other persons as
the Commissioner may specify.
``(iii) For purposes of this section, the term `qualified social
security income verification contractor' means the person providing
services to the Secretary under a qualified social security income
verification contract.
``(D)(i) Nothing in any provision of law shall be construed to
prevent the Secretary from--
``(I) entering into a qualified social security income
verification contract, or
``(II) providing identifying information to a qualified
social security income verification contractor as provided in
this paragraph.
``(ii) The United States shall not be liable for any act or
omission of any person performing services under a qualified social
security income verification contract.
``(E) In any case in which an independent estimate conducted
pursuant to this paragraph with respect to an individual entitled to
disability insurance benefits demonstrates that such individual failed
to accurately report any monthly income, the Commissioner of Social
Security shall conduct an investigation of such individual to determine
whether such individual's monthly income demonstrates the individual's
ability to engage in substantial gainful activity.''. | Preserving and Reforming SSDI (PAR-SSDI) Act of 2016 This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSAct) to: direct the Social Security Administration (SSA), in determining whether an individual is under a disability, to make such a determination without regard to the individual's ability to communicate in English; prohibit the SSA, in determining whether an individual is under a disability for a month, from considering the individual's vocational background in computing the quarters of coverage requirement unless the individual had not less than 16 quarters of coverage during the 24-quarter period ending with the quarter in which such month occurs; and direct the SSA to prepare and implement a complete update of the vocational and educational factors considered in making disability determinations. The bill declares that for any week in whole or in part within a month that an individual is paid or determined to be eligible for unemployment compensation he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. The bill also states that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to unemployment compensation or trade adjustment assistance for that month. The bill revises prerequisites for the entitlement of certain individuals under age 65 to SSAct title XVIII (Medicare) part A hospital insurance benefits. The length of time such an individual must be entitled to disability insurance, child's insurance, or widow's insurance benefits, in order to qualify for entitlement to Medicare part A hospital benefits, shall increase from the current 24 months to 60 months. If the amount of an individual's unearned income for a month is equal to or greater than the monthly income limit for that month, the individual shall be deemed to have engaged in substantial gainful activity for the month for purposes of determining disability insurance benefit payments. The SSA must receive from an individual and/or the individual's representative, in its entirety and without redaction, all known relevant medical evidence related to a disability claim. Any medical evidence not submitted in its entirety or not furnished by a licensed practitioner shall be excluded in disability determinations. In determining whether a disability benefits applicant is disabled, the SSA shall not consider medical evidence resulting from a consultative exam with a health care provider unless the application is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. The bill changes the index used to calculate OASDI cost-of-living adjustments to the Chained Price Index for All Urban Consumers. In any case in which SSA initiates a review of disability benefits for an individual, the review shall include an independent estimate by a qualified Social Security income verification contractor of the individual's monthly income. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom from Equifax Exploitation
Act''.
SEC. 2. DEFINITION OF CREDIT FREEZE.
Section 603(q) of the Fair Credit Reporting Act (15 U.S.C.
1681a(q)) is amended by adding at the end the following:
``(6) Credit freeze.--
``(A) In general.--The term `credit freeze' means a
restriction placed at the request of a consumer or a
personal representative of the consumer, on the
consumer report of the consumer, that prohibits a
consumer reporting agency from releasing the consumer
report for a purpose relating to the extension of
credit without the express authorization of the
consumer.
``(B) Exception.--A credit freeze shall not apply
to the use of a consumer report by any of the
following:
``(i) A person, or the subsidiary,
affiliate, agent, subcontractor, or assignee of
the person, with whom the consumer has, or
prior to assignment had, an account, contract,
or debtor-creditor relationship for the
purposes of reviewing the active account or
collecting the financial obligation owed on the
account, contract, or debt.
``(ii) A person, or the subsidiary,
affiliate, agent, subcontractor, or assignee of
the person, to whom access has been granted
pursuant to a request by the consumer described
under section 605A(i)(1)(B), for purposes of
facilitating the extension of credit or other
permissible use.
``(iii) Any person acting pursuant to a
court order, warrant, or subpoena.
``(iv) A Federal, State, or local
government, or an agent or assignee thereof.
``(v) Any person for the sole purpose of
providing a credit monitoring or identity theft
protection service to which the consumer has
subscribed.
``(vi) Any person for the purpose of
providing a consumer with a copy of the
consumer report or credit score of the consumer
upon request by the consumer.
``(vii) Any person or entity for insurance
purposes, including use in setting or adjusting
a rate, adjusting a claim, or underwriting.
``(viii) Any person acting pursuant to an
authorization from a consumer to use their
consumer report for employment purposes.''.
SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS.
Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``One-
Call'' and inserting ``One-Year'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``Initial alerts'' and inserting ``In
general'';
(ii) in the matter preceding subparagraph
(A), by inserting ``or harmed by the
unauthorized disclosure of the financial or
personally identifiable information of the
consumer,'' after ``identity theft,'';
(iii) in subparagraph (A)--
(I) by striking ``90 days'' and
inserting ``1 year''; and
(II) by striking ``and'' at the
end;
(iv) in subparagraph (B)--
(I) by inserting ``1-year'' before
``fraud alert''; and
(II) by striking the period at the
end and inserting ``; and''; and
(v) by adding at the end the following:
``(C) upon the expiration of the 1-year period
described in subparagraph (A) or a subsequent 1-year
period, and in response to a direct request by the
consumer or such representative, continue the fraud
alert for an additional period of 1 year if the
information asserted in this paragraph remains
applicable.''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``1-year'' before ``fraud
alert''; and
(ii) in subparagraph (B), by striking ``any
request described in subparagraph (A)'' and
inserting ``the consumer reporting agency
includes the 1-year fraud alert in the file of
the consumer'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Extended'' and inserting ``Seven-Year'';
(B) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking ``5-year period
beginning on the date of such request''
and inserting ``the 7-year period
described in subparagraph (A)''; and
(II) by striking ``and'' at the
end;
(ii) in subparagraph (C)--
(I) by striking ``extended'' and
inserting ``7-year''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) upon the expiration of the 7-year period
described in subparagraph (A) or a subsequent 7-year
period, and in response to a direct request by the
consumer or such representative, continue the fraud
alert for an additional period of 7 years if the
consumer or such representative submits an updated
identity theft report.''; and
(C) in paragraph (2), by amending subparagraph (A)
to read as follows:
``(A) disclose to the consumer that the consumer
may request a free copy of the file of the consumer
pursuant to section 612(d) during each 12-month period
beginning on the date on which the 7-year fraud alert
was included in the file and ending on the date of the
last day that the 7-year fraud alert applies to the
file of the consumer; and'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3),
as subparagraphs (A), (B), and (C), respectively, and
adjusting the margins accordingly;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``Upon the direct request''
and inserting the following:
``(1) In general.--Upon the direct request''; and
(C) by adding at the end the following:
``(2) Access to free reports.--If a consumer reporting
agency includes an active duty alert in the file of an active
duty military consumer, the consumer reporting agency shall--
``(A) disclose to the active duty military consumer
that the active duty military consumer may request a
free copy of the file of the active duty military
consumer pursuant to section 612(d), during each 12-
month period beginning on the date on which the
activity duty military alert is requested and ending on
the date of the last day that the active duty alert
applies to the file of the active duty military
consumer; and
``(B) not later than 3 business days after the date
on which the active duty military consumer makes a
request described in subparagraph (A), provide to the
active duty military consumer all disclosures required
to be made under section 609, without charge to the
active duty military consumer.'';
(4) by amending subsection (d) to read as follows:
``(d) Procedures.--Each consumer reporting agency described in
section 603(p) shall establish and make available to the public on the
Internet website of the consumer reporting agency policies and
procedures to comply with this section, including policies and
procedures--
``(1) that inform consumers of the availability of 1-year
fraud alerts, 7-year fraud alerts, active duty alerts, and
credit freezes, as applicable;
``(2) that allow consumers to request 1-year fraud alerts,
7-year fraud alerts, and active duty alerts, as applicable, and
to place, temporarily lift, or fully remove a credit freeze in
a simple and easy manner; and
``(3) for asserting in good faith a suspicion that the
consumer has been or is about to become a victim of identity
theft, fraud, or a related crime, or harmed by the unauthorized
disclosure of the financial or personally identifiable
information of the consumer, for a consumer seeking a 1-year
fraud alert or credit freeze.'';
(5) in subsection (e), in the matter preceding paragraph
(1), by inserting ``1-year or 7-year'' before ``fraud alert'';
(6) in subsection (f), by striking ``or active duty alert''
and inserting ``active duty alert, or credit freeze, as
applicable,'';
(7) in subsection (g)--
(A) by inserting ``or has been harmed by the
unauthorized disclosure of the financial or personally
identifiable information of the consumer,'' after
``identity theft,''; and
(B) by inserting ``or credit freezes'' after
``request alerts''; and
(8) in subsection (h)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``initial'' and inserting ``1-year'';
(ii) in subparagraph (A), by striking
``initial'' and inserting ``1-year''; and
(iii) in subparagraph (B)(i), by striking
``an initial'' and inserting ``a 1-year''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``extended'' and inserting ``7-year'';
(ii) in subparagraph (A), in the matter
preceding clause (i), by striking ``extended''
and inserting ``7-year''; and
(iii) in subparagraph (B), by striking ``an
extended'' and inserting ``a 7-year''.
SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES.
Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended by adding at the end the following:
``(i) Credit Freezes.--
``(1) In general.--Upon the direct request of a consumer,
or an individual acting on behalf of or as a personal
representative of a consumer, a consumer reporting agency that
maintains a file on the consumer and has received appropriate
proof of the identity of the requester (as described in section
1022.123 of title 12, Code of Federal Regulations, or any
successor thereto) shall--
``(A)(i) not later than 1 business day after
receiving the request sent by postal mail, toll-free
telephone, or secure electronic means as established by
the agency, place a credit freeze on the file of the
consumer;
``(ii) not later than 5 business days after placing
a credit freeze described in clause (i), provide the
consumer with written confirmation of the credit freeze
and a unique personal identification number or password
(other than the social security number of the consumer)
for use to authorize the release of the file of the
consumer for a specific period of time; and
``(iii) disclose all relevant information to the
consumer relating to the procedures for temporarily
lifting and fully removing a credit freeze, including a
statement about the maximum amount of time given to an
agency to conduct those actions;
``(B) if the consumer provides a correct personal
identification number or password, temporarily lift an
existing credit freeze from the file of the consumer
for a period of time specified by the consumer for a
specific user or category of users, as determined by
the consumer--
``(i) not later than 1 business day after
receiving the request by postal mail; or
``(ii) not later than 15 minutes after
receiving the request by toll-free telephone
number or secure electronic means established
by the agency, if the request is received
during regular business hours, except if the
ability of the consumer reporting agency to
temporarily lift the credit freeze is prevented
by--
``(I) an act of God, including
earthquakes, hurricanes, storms, or
similar natural disaster or phenomenon,
or fire;
``(II) unauthorized or illegal acts
by a third party including terrorism,
sabotage, riot, vandalism, labor
strikes or disputes disrupting
operations, or a similar occurrence;
``(III) an operational
interruption, including electrical
failure, unanticipated delay in
equipment or replacement part delivery,
computer hardware or software failures
inhibiting response time, or a similar
disruption;
``(IV) governmental action,
including emergency orders or
regulations, judicial or law
enforcement action, or a similar
directive;
``(V) regularly scheduled
maintenance or updates to the systems
of the consumer reporting agency
occurring outside of normal business
hours; or
``(VI) commercially reasonable
maintenance of, or repair to, the
systems of the consumer reporting
agency that is unexpected or
unscheduled; or
``(C) if the consumer provides a correct personal
identification number or password, fully remove an
existing credit freeze from the file of the consumer
not later than 21 business days after receiving the
request by postal mail, toll-free telephone, or secure
electronic means established by the consumer reporting
agency.
``(2) No fee.--A consumer reporting agency may not charge a
consumer a fee to place, temporarily lift, or fully remove a
credit freeze.
``(3) Exclusion from third-party lists.--During the period
beginning on the date on which a consumer or a representative
of the consumer requests to place a credit freeze and ending
the date on which the consumer or representative requests to
fully remove a credit freeze, a consumer reporting agency shall
exclude the consumer from any list of consumers prepared by the
consumer reporting agency and provided to any third party to
offer credit or insurance to the consumer as part of a
transaction that was not initiated by the consumer, unless the
consumer or that representative requests that the exclusion be
rescinded before end of the period.''.
SEC. 5. ADDITIONAL FREE CONSUMER REPORT.
Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is
amended--
(1) in subsection (f)(1), in the matter preceding
subparagraph (A), by inserting ``or subsection (h)'' after
``through (d)''; and
(2) by adding at the end the following:
``(h) Free Disclosures in Connection With Credit Freeze.--In
addition to the free annual disclosure required under subsection
(a)(1)(A), each consumer reporting agency that maintains a file on a
consumer who requests a credit freeze under section 605A(i) shall make
all disclosures pursuant to section 609 once during any 12-month period
without charge to the consumer if the consumer makes a request under
section 609.''.
SEC. 6. REFUNDS.
(a) Definitions.--In this section, the terms ``consumer'',
``consumer reporting agency'', and ``credit freeze'' have the meanings
given those terms in section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a), as amended by section 2.
(b) Refunds.--With respect to any consumer who requested a credit
freeze from a consumer reporting agency during the period beginning on
September 7, 2017, and ending on the day before the date of enactment
of this Act, the consumer reporting agency--
(1) shall issue a refund to the consumer for any fees
charged to the consumer relating to the request for a credit
freeze; and
(2) may not impose a fee on the consumer to temporarily
lift or fully remove the credit freeze. | Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze; and (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Statistical
Information and Analysis Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Both the public and private sectors in the United
States would benefit from the collection, analysis, and
dissemination of reliable statistical information about the
independent states of the former Soviet Union and the Baltic
states.
(2) Statistical information about the independent states of
the former Soviet Union and the Baltic states can be used in
policy development on issues ranging from domestic and foreign
trade to international population growth, health, and the
environment. United States Government statistical agencies
could use data collected in the independent states and the
Baltic states to develop statistical comparisons between the
United States and the rest of the world.
(3) Reliable economic statistical information can also
assist United States businesses in identifying trade and
investment opportunities in the independent states of the
former Soviet Union and the Baltic states.
(4) Reliable information is needed about economic
performance at both the macro and micro-economic levels as the
independent states of the former Soviet Union and the Baltic
states make the transition from a centrally planned economy to
a free market economy.
(5) Reliable economic statistical information is especially
important in evaluating the effectiveness of assistance
provided to the independent states of the former Soviet Union
and the Baltic states by the United States Government, by
nongovernmental organizations, and by international financial
institutions.
(6) Such evaluations would be facilitated by annual
reports, prepared by the Secretary of Commerce with the
assistance of United States Government statistical agencies,
assessing the progress being made by the independent states of
the former Soviet Union and the Baltic states in establishing a
free market economy.
(7) United States Government statistical agencies (such as
the Bureau of the Census of the Department of Commerce, the
Bureau of Labor Statistics of the Department of Labor, the
Bureau of Economic Analysis of the Department of Commerce, and
the National Agricultural Statistics Service of the Department
of Agriculture) have been involved in providing statistical
assistance to foreign countries for more than 40 years.
(8) United States Government statistical agencies have set
the standard for modern statistical methodology used throughout
the world.
(9) United States Government statistical agencies have the
personnel, facilities, expertise, and other resources to
provide training and other technical assistance to the
independent states of the former Soviet Union and the Baltic
states with respect to the collection, analysis, and
dissemination of economic statistical data. In addition, to the
extent that the independent states or Baltic states use non-
standard collection methods, United States Government
statistical agencies have the ablility to reconcile discrepant
data, thereby increasing its usefulness.
SEC. 3. ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF
THE FORMER SOVIET UNION AND BALTIC STATES.
(a) Amendment to Title 13.--Title 13 of the United States Code is
amended by adding at the end the following:
``CHAPTER 11--ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT
STATES OF THE FORMER SOVIET UNION AND BALTIC STATES
``Sec.
``501. Preparation and publication of analysis.
``502. Definitions.
``Sec. 501. Preparation and publication of analysis
``(a) The Secretary shall prepare and submit to the Congress each
year a report analyzing the progress being made by the the independent
states of the former Soviet Union and the Baltic states in establishing
a free market economy.
``(b) In preparing the reports required by subsection (a), the
Secretary shall draw upon the information collected and the analysis
performed under the auspices of the International Statistical
Assistance Coordinating Committee established pursuant to section 4 of
the International Statistical Information and Analysis Coordination Act
of 1993.
``(c) The first report pursuant to subsection (a) shall be
submitted as soon as reliable economic statistical information is
available about the independent states of the former Soviet Union and
the Baltic states, but not later than 5 years after the date of
enactment of this chapter.
``Sec. 502. Definitions
``As used in this chapter--
``(1) the term `independent states of the former Soviet
Union' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine,
and Uzbekistan; and
``(2) the term `Baltic states' means Estonia, Latvia, and
Lithuania.''.
(b) Amendment to Table of Chapters.--The table of chapters at the
beginning of title 13, United States Code, is amended by adding at the
end the following new item:
``11. Economic statistical analysis regarding independent 501''.
states of the former Soviet
Union and Baltic states.
SEC. 4. INTERNATIONAL STATISTICAL ASSISTANCE COORDINATING COMMITTEE.
(a) Establishment and Membership.--The President shall establish an
interagency committee to be known as the ``International Statistical
Assistance Coordinating Committee'' (hereinafter in this Act referred
to as the ``Coordinating Committee''). The Coordinating Committee shall
consist of a representative of each of the following:
(1) The Office of Management and Budget.
(2) The Bureau of the Census of the Department of Commerce.
(3) The Bureau of Labor Statistics of the Department of
Labor.
(4) The Bureau of Economic Analysis of the Department of
Commerce.
(5) The National Agricultural Statistics Service of the
Department of Agriculture.
(6) The Agency for International Development.
(b) Functions.--Consistent with section 104(a) of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (relating to Department of State coordination of assistance to
the independent states of the former Soviet Union), the Coordinating
Committee--
(1) shall determine priorities for providing training and
other technical assistance to develop capabilities to monitor
economic performance in the independent states of the former
Soviet Union and the Baltic states through the collection,
analysis, and dissemination of economic statistical data;
(2) shall use the expertise of its constituent agencies in
providing such assistance;
(3) shall be responsible for coordinating such assistance
with comparable assistance provided or coordinated by
international or multilateral organizations or agencies; and
(4) shall provide for the analysis by its constituent
agencies of economic statistical data regarding the independent
states of the former Soviet Union and the Baltic states and for
the dissemination of such analysis to United States businesses
and other interested parties, including dissemination through
the annual report required by section 501 of title 13, United
States Code.
(c) Annual Reports.--The Coordinating Committee shall prepare an
annual report describing the assistance provided through the
Coordinating Committee pursuant to this section. Such report shall be
submitted to the Congress as part of the annual congressional
presentation materials on international economic assistance.
SEC. 5. UNITED STATES ASSISTANCE TO IMPROVE MONITORING OF ECONOMIC
PERFORMANCE IN INDEPENDENT STATES OF THE FORMER SOVIET
UNION AND BALTIC STATES.
(a) Statistical Capability Assistance.--United States assistance
that is provided to encourage the development of a free-market economic
system in the independent states of the former Soviet Union and the
Baltic states shall include training and other technical assistance to
develop capabilities to monitor economic performance in those republics
and states through the collection, analysis, and dissemination of
economic statistical data.
(b) International Statistical Assistance Coordinating Committee.--
The assistance required by subsection (a) shall be coordinated through
the Coordinating Committee and shall otherwise be provided in
accordance with section 4(b).
(c) Funding.--It is the sense of the Congress that at least
$3,000,000 of the funds allocated for each of the fiscal years 1994
through 1998 for United States economic assistance to encourage the
development of a free-market economic system in the independent states
of the former Soviet Union and the Baltic states should be used for
training and other technical assistance pursuant to this section.
SEC. 6. DEFINITIONS.
As used in this Act--
(1) the term ``independent states of the former Soviet
Union'' means Armenia, Azerbaijan, Belarus, Georgia,
Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan; and
(2) the term ``Baltic states'' means Estonia, Latvia, and
Lithuania. | International Statistical Information and Analysis Act of 1993 - Directs the Secretary of Commerce to prepare and submit to the Congress an annual report analyzing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy.
Requires the President to establish an interagency committee to be known as the International Statistical Assistance Coordinating Committee to: (1) determine priorities for providing training and other technical assistance to monitor economic performance in such countries through the collection and analysis of economic statistical data; (2) coordinate such assistance with assistance provided by international or multilateral organizations; and (3) provide for analysis by its constituent agencies of economic statistical data regarding such countries and for the dissemination of such analysis to U.S. businesses and other interested parties.
Requires U.S. assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states to include training and other technical assistance to develop capabilities to monitor economic performance through the collection and analysis of economic statistical data. Expresses the sense of the Congress that a specified amount of funds allocated for U.S. assistance to encourage the development of free market systems in such countries be used for such training and assistance. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Streamlining Approval
Process Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) airports play a major role in interstate and foreign
commerce;
(2) congestion and delays at our Nation's major airports
have a significant negative impact on our Nation's economy;
(3) airport capacity enhancement projects at congested
airports are a national priority and should be constructed on
an expedited basis;
(4) airport capacity enhancement projects must include an
environmental review process that provides local citizenry an
opportunity for consideration of and appropriate action to
address environmental concerns; and
(5) the Federal Aviation Administration, airport
authorities, communities, and other Federal, State, and local
government agencies must work together to develop a plan, set
and honor milestones and deadlines, and work to protect the
environment while sustaining the economic vitality that will
result from the continued growth of aviation.
SEC. 3. PROMOTION OF NEW RUNWAYS.
Section 40104 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Airport Capacity Enhancement Projects at Congested
Airports.--In carrying out subsection (a), the Administrator shall take
action to encourage the construction of airport capacity enhancement
projects at congested airports as those terms are defined in section
47179.''.
SEC. 4. AIRPORT PROJECT STREAMLINING.
(a) In General.--Chapter 471 of title 49, United States Code, is
amended by inserting after section 47153 the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``Sec. 47171. DOT as lead agency
``(a) Airport Project Review Process.--The Secretary of
Transportation shall develop and implement a coordinated review process
for airport capacity enhancement projects at congested airports.
``(b) Coordinated Reviews.--The coordinated review process under
this section shall provide that all environmental reviews, analyses,
opinions, permits, licenses, and approvals that must be issued or made
by a Federal agency or airport sponsor for an airport capacity
enhancement project at a congested airport will be conducted
concurrently, to the maximum extent practicable, and completed within a
time period established by the Secretary, in cooperation with the
agencies identified under subsection (c) with respect to the project.
``(c) Identification of Jurisdictional Agencies.--With respect to
each airport capacity enhancement project at a congested airport, the
Secretary shall identify, as soon as practicable, all Federal and State
agencies that may have jurisdiction over environmental-related matters
that may be affected by the project or may be required by law to
conduct an environmental-related review or analysis of the project or
determine whether to issue an environmental-related permit, license, or
approval for the project.
``(d) State Authority.--If a coordinated review process is being
implemented under this section by the Secretary with respect to a
project at an airport within the boundaries of a State, the State,
consistent with State law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over
environmental-related matters that may be affected by the project or
may be required by law to conduct an environmental-related review or
analysis of the project or determine whether to issue an environmental-
related permit, license, or approval for the project, be subject to the
process.
``(e) Memorandum of Understanding.--The coordinated review process
developed under this section may be incorporated into a memorandum of
understanding for a project between the Secretary and the heads of
other Federal and State agencies identified under subsection (c) with
respect to the project and the airport sponsor.
``(f) Effect of Failure To Meet Deadline.--
``(1) Notification of congress and ceq.--If the Secretary
determines that a Federal agency, State agency, or airport
sponsor that is participating in a coordinated review process
under this section with respect to a project has not met a
deadline established under subsection (b) for the project, the
Secretary shall notify, within 30 days of the date of such
determination, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, the
Council on Environmental Quality, and the agency or sponsor
involved about the failure to meet the deadline.
``(2) Agency report.--Not later than 30 days after date of
receipt of a notice under paragraph (1), the agency or sponsor
involved shall submit a report to the Secretary, the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Council on Environmental
Quality explaining why the agency or sponsor did not meet the
deadline and what actions it intends to take to complete or
issue the required review, analysis, opinion, license, or
approval.
``(g) Purpose and Need.--For any environmental review, analysis,
opinion, permit, license, or approval that must be issued or made by a
Federal or State agency that is participating in a coordinated review
process under this section with respect to an airport capacity
enhancement project at a congested airport and that requires an
analysis of purpose and need for the project, the agency,
notwithstanding any other provision of law, shall be bound by the
project purpose and need as defined by the Secretary.
``(h) Alternatives Analysis.--The Secretary shall determine the
reasonable alternatives to an airport capacity enhancement project at a
congested airport. Any other Federal or State agency that is
participating in a coordinated review process under this section with
respect to the project shall consider only those alternatives to the
project that the Secretary has determined are reasonable.
``(i) Solicitation and Consideration of Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and consider
comments from interested persons and governmental entities.
``Sec. 47172. Categorical exclusions
``Not later than 120 days after the date of enactment of this
section, the Secretary of Transportation shall develop and publish a
list of categorical exclusions from the requirement that an
environmental assessment or an environmental impact statement be
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for projects at airports.
``Sec. 47173. Access restrictions to ease construction
``At the request of an airport sponsor for a congested airport, the
Secretary of Transportation may approve a restriction on use of a
runway to be constructed at the airport to minimize potentially
significant adverse noise impacts from the runway only if the Secretary
determines that imposition of the restriction--
``(1) is necessary to mitigate those impacts and expedite
construction of the runway;
``(2) is the most appropriate and a cost-effective measure
to mitigate those impacts, taking into consideration any
environmental tradeoffs associated with the restriction; and
``(3) would not adversely affect service to small
communities, adversely affect safety or efficiency of the
national airspace system, unjustly discriminate against any
class of user of the airport, or impose an undue burden on
interstate or foreign commerce.
``Sec. 47174. Airport revenue to pay for mitigation
``(a) In General.--Notwithstanding section 47107(b), section 47133,
or any other provision of this title, the Secretary of Transportation
may allow an airport sponsor carrying out an airport capacity
enhancement project at a congested airport to make payments, out of
revenues generated at the airport (including local taxes on aviation
fuel), for measures to mitigate the environmental impacts of the
project if the Secretary finds that--
``(1) the mitigation measures are included as part of, or
are consistent with, the preferred alternative for the project
in the documentation prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(2) the use of such revenues will provide a significant
incentive for, or remove an impediment to, approval of the
project by a State or local government; and
``(3) the cost of the mitigation measures is reasonable in
relation to the mitigation that will be achieved.
``(b) Mitigation of Aircraft Noise.--Mitigation measures described
in subsection (a) may include the insulation of residential buildings
and buildings used primarily for educational or medical purposes to
mitigate the effects of aircraft noise and the improvement of such
buildings as required for the insulation of the buildings under local
building codes.
``Sec. 47175. Airport funding of FAA staff
``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any
other provision of law, the Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor, including
funds provided to the sponsor under section 47114(c), to hire
additional staff or obtain the services of consultants in order to
facilitate the timely processing, review, and completion of
environmental activities associated with an airport development
project.
``(b) Administrative Provision.--Instead of payment from an airport
sponsor from funds apportioned to the sponsor under section 47114, the
Administrator, with agreement of the sponsor, may transfer funds that
would otherwise be apportioned to the sponsor under section 47114 to
the account used by the Administrator for activities described in
subsection (a).
``(c) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, any funds accepted under this section, except
funds transferred pursuant to subsection (b)--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which the
funds are accepted;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the funds are
accepted; and
``(3) shall remain available until expended.
``(d) Maintenance of Effort.--No funds may be accepted pursuant to
subsection (a), or transferred pursuant to subsection (b), in any
fiscal year in which the Federal Aviation Administration does not
allocate at least the amount it expended in fiscal year 2002, excluding
amounts accepted pursuant to section 337 of the Department of
Transportation and Related Agencies Appropriations Act, 2002 (115 Stat.
862), for the activities described in subsection (a).
``Sec. 47176. Authorization of appropriations
``In addition to the amounts authorized to be appropriated under
section 106(k), there is 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), $2,100,000 for fiscal year 2003 and $4,200,000 for each fiscal
year thereafter to facilitate the timely processing, review, and
completion of environmental activities associated with airport capacity
enhancement projects at congested airports.
``Sec. 47177. Judicial review
``(a) Filing and Venue.--A person disclosing a substantial interest
in an order issued by the Secretary of Transportation or the head of
any other Federal agency under this part or a person or agency relying
on any determination made under this part may apply for review of the
order by filing a petition for review in the United States Court of
Appeals for the District of Columbia Circuit or in the court of appeals
of the United States for the circuit in which the person resides or has
its principal place of business. The petition must be filed not later
than 60 days after the order is issued. The court may allow the
petition to be filed after the 60th day only if there are reasonable
grounds for not filing by the 60th day.
``(b) Judicial Procedures.--When a petition is filed under
subsection (a) of this section, the clerk of the court immediately
shall send a copy of the petition to the Secretary or the head of any
other Federal agency involved. The Secretary or the head of such other
agency shall file with the court a record of any proceeding in which
the order was issued.
``(c) Authority of Court.--When the petition is sent to the
Secretary or the head of any other Federal agency involved, the court
has exclusive jurisdiction to affirm, amend, modify, or set aside any
part of the order and may order the Secretary or the head of such other
agency to conduct further proceedings. After reasonable notice to the
Secretary or the head of such other agency, the court may grant interim
relief by staying the order or taking other appropriate action when
good cause for its action exists. Findings of fact by the Secretary or
the head of such other agency are conclusive if supported by
substantial evidence.
``(d) Requirement for Prior Objection.--In reviewing an order of
the Secretary or the head of any other Federal agency under this
section, the court may consider an objection to the action of the
Secretary or the head of such other agency only if the objection was
made in the proceeding conducted by the Secretary or the head of such
other agency or if there was a reasonable ground for not making the
objection in the proceeding.
``(e) Supreme Court Review.--A decision by a court under this
section may be reviewed only by the Supreme Court under section 1254 of
title 28.
``(f) Order Defined.--In this section, the term `order' includes a
record of decision or a finding of no significant impact.
``Sec. 47178. Definitions
``In this subchapter, the following definitions apply:
``(1) Airport sponsor.--The term `airport sponsor' has the
meaning given the term `sponsor' under section 47102.
``(2) Congested airport.--The term `congested airport'
means an airport that accounted for at least 1 percent of all
delayed aircraft operations in the United States in the most
recent year for which such data is available and an airport
listed in table 1 of the Federal Aviation Administration's
Airport Capacity Benchmark Report 2001.
``(3) Airport capacity enhancement project.--The term
`airport capacity enhancement project' means--
``(A) a project for construction or extension of a
runway, including any land acquisition, taxiway, or
safety area associated with the runway or runway
extension; and
``(B) such other airport development projects as
the Secretary may designate as facilitating a reduction
in air traffic congestion and delays.''.
(b) Conforming Amendment.--The analysis for chapter 471 of such
title is amended by adding at the end the following:
``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING
``47171. DOT as lead agency.
``47172. Categorical exclusions.
``47173. Access restrictions to ease construction.
``47174. Airport revenue to pay for mitigation.
``47175. Airport funding of FAA staff.
``47176. Authorization of appropriations.
``47177. Judicial review.
``47178. Definitions.''.
SEC. 5. GOVERNOR'S CERTIFICATE.
Section 47106(c) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B);
(2) in paragraph (2)(A) by striking ``stage 2'' and
inserting ``stage 3'';
(3) by striking paragraph (4); and
(4) by redesignating paragraph (5) as paragraph (4).
SEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.
Section 47504(c)(2) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) to an airport operator of a congested airport
(as defined in section 47178) and a unit of local
government referred to in paragraph (1)(A) or (1)(B) of
this subsection to carry out a project to mitigate
noise in the area surrounding the airport if the
project is included as a commitment in a record of
decision of the Federal Aviation Administration for an
airport capacity enhancement project (as defined in
section 47178) even if that airport has not met the
requirements of part 150 of title 14, Code of Federal
Regulations.''.
SEC. 7. LIMITATIONS.
Nothing in this Act, including any amendment made by this Act,
shall preempt or interfere with--
(1) any practice of seeking public comment; and
(2) any power, jurisdiction, or authority of a State agency
or an airport sponsor has with respect to carrying out an
airport capacity enhancement project.
Passed the House of Representatives July 9, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk. | Airport Streamlining Approval Process Act of 2002 - (Sec. 3) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to take action to encourage the construction of airport capacity enhancement projects at congested airports.(Sec. 4) Directs the Secretary of Transportation to develop and implement a coordinated review process for such projects, which shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently in cooperation with all Federal and State agencies with jurisdiction over environmental-related matters.Requires: (1) the Secretary determine the reasonable alternatives to an airport capacity enhancement project at a congested airport; and (2) any other participating Federal or State agency to consider only those alternatives the Secretary has determined are reasonable.Authorizes the Secretary, at the request of an airport sponsor for a congested airport, to approve a restriction on use of a runway to be constructed at the airport to minimize potentially significant adverse noise impacts from the runway only if the restriction is necessary and the most appropriate and cost-effective measure (taking into consideration associated environmental trade-offs) to mitigate such impacts and expedite runway construction.Authorizes the Secretary, in specified circumstances, to allow an airport sponsor carrying out such a project to make payments, out of airport revenues (including local taxes on aviation fuel), for measures to mitigate the environmental impacts of the project, including aircraft noise.Permits the FAA Administrator to accept funds from an airport sponsor to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project.Authorizes appropriations to facilitate timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.Permits a person disclosing a substantial interest in an order issued by the Secretary or the head of any other pertinent Federal agency to apply for judicial review of the order. Prescribes procedures and requirements for such an appeal.(Sec. 5) Repeals the requirement that the Secretary approve a project grant application only if the chief executive officer of the State in which the project will be located certifies that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards.Revises the approval criteria without the requirement of an environmental impact statement for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport. Allows such a project without an environmental impact statement if completing the project would allow airport operations involving aircraft complying with the noise standards prescribed for "stage 3" aircraft (currently "stage 2" aircraft).(Sec. 6) Authorizes the Secretary to incur obligations to make grants to an operator of a congested airport and a specified unit of local government to carry out a project to mitigate noise in the area surrounding the airport, if the project is included as a commitment in an FFA record of decision for an airport capacity enhancement project, even if that airport has not met certain regulatory requirements. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Nonprofit Hospital
Protection Act of 1997''.
SEC. 2. DISQUALIFICATION FROM MEDICARE PAYMENT OF NON-PROFIT HOSPITALS
THAT TRANSFER ASSETS OR CONTROL TO A FOR-PROFIT ENTITY
WITHOUT APPROVAL.
(a) In General.--Part A of title XVIII of the Social Security Act
is amended by adding at the end the following new section:
``disqualification of certain nonprofit hospitals from payment if
assets or control transferred to a for-profit entity without approval
``Sec. 1821. (a) Requirement.--No payment may be made under this
part with respect to inpatient hospital services of a hospital if the
hospital, on or after January 7, 1997, was owned or controlled by a
nonprofit entity and there is an impermissible transfer (as defined in
subsection (b)) with respect to the hospital or the entity.
``(b) Impermissible Transfers.--
``(1) In general.--For purposes of this section, the term
`impermissible transfer' means any covered transfer (as defined
in paragraph (2)) that has not been considered to be approved
in accordance with subsection (c).
``(2) Covered transfer defined.--For purposes of this
section, the term `covered transfer' means, with respect to a
hospital that is owned or controlled by a nonprofit entity--
``(A) the sale, transfer, lease, exchange, option,
conveyance, or other disposition of, the assets of the
hospital (or of the entity in relation to the hospital)
to a for-profit entity, if a material amount of the
assets relating to the hospital are involved in such
disposition; or
``(B) the transfer of control, responsibility, or
governance of a material amount of the assets or
operation of the hospital (or of the entity in relation
to the hospital) to any for-profit entity.
Transfers described in this paragraph may be effected through
sale, joint venture, joint operating agreement, or any other
means.
``(3) Other definitions.--For purposes of this section:
``(A) The term `acquired hospital' means, with
respect to a covered transfer, the non-profit hospital
the assets or control of which are the subject of the
transfer.
``(B) The term `acquiring entity' means, with
respect to a covered transfer, the for-profit entity
that is involved in the transfer.
``(c) Conditions for Approval.--Subject to subsection (d)--
``(1) In general.--A covered transfer with respect to an
acquired hospital owned or controlled by a nonprofit entity is
not considered to be approved in accordance with this
subsection unless--
``(A) the acquiring entity has disclosed to the
Secretary, in a form and manner specified by the
Secretary, the information described in paragraph (2)
relating to the transfer;
``(B) there has been an independent fairness review
conducted of the proposed transfer and the report on
the review concludes that no assets of the acquired
hospital in relation to the nonprofit entity have
inappropriately benefited any private parties; and
``(C) the Secretary has approved the transfer.
``(3) Information to be disclosed.--The information
described in this paragraph is a complete description of the
terms of covered transfer, together with a description of all
collateral arrangements, including information describing--
``(A) the acquired hospital and the nonprofit
entity that owns or controls the hospital;
``(B) the acquiring entity;
``(C) other parties to the transfer;
``(D) terms of the proposed transfer;
``(E) the value of consideration to be provided in
connection with the transfer (including details as to
the basis for the valuation);
``(F) copies of documents relating to the transfer;
``(G) the identity of individuals and persons who
are officers, directors, or affiliates of the nonprofit
entity and whether they have any direct or indirect
economic interest in the transfer (including any
promise or discussion of future employment); and
``(H) such other information as the Secretary may
require.
``(3) Public disclosure.--The Secretary shall provide for
public disclosure (including disclosure through electronic
means on the Internet) of information described in paragraph
(3) provided under paragraph (1)(A) and the report on the
transfer described in paragraph (1)(B).
``(4) Conditions for approval of transfers.--The Secretary
may not approve a covered transfer relating to an acquired
hospital owned or controlled by a nonprofit entity unless,
after completion of the public hearing described in paragraph
(6), the Secretary determines that the following conditions are
met:
``(A) Due care was exercised by the nonprofit
entity in deciding to enter into the transfer,
selecting the acquiring entity, and negotiating the
terms of the transfer.
``(B) The nonprofit entity sought appropriate
expert assistance in making decisions in relation to
the transfer.
``(C) The nonprofit entity took all reasonable
steps to avoid conflict of interests.
``(D) The nonprofit entity will receive fair market
value for its assets transferred in connection with the
covered transfer.
``(E) No charitable funds are placed at risk in
connection with the covered transfer.
``(F) The amount of any compensation under any
management contract entered into in connection with the
covered transfer is fair.
``(G) The proceeds to the nonprofit entity in
connection with the covered transfer will be used only
for appropriate charitable purposes consistent with the
entity's non-profit charter and for the promotion of
health in the affected community and such proceeds will
be controlled as charitable funds independent of the
acquiring entity.
``(H) Any charitable corporation established to
hold proceeds of the acquired hospital in connection
with the covered transfer will be broadly based in the
community.
``(I) There are sufficient safeguards to assure the
affected community continues to have access to
affordable hospital services.
``(J) The acquiring entity has made a commitment to
provide comparable care to the disadvantaged, the
uninsured, and the underinsured, and to provide
benefits to the affected community.
``(K) The acquiring entity has no contractual right
to receive or direct future grants in relation to the
acquired hospital.
``(L) The acquiring entity has paid the Secretary,
with respect to the covered transfer, a fee sufficient
to cover the costs of the Secretary in administering
this section in relation to such transfer.
``(6) Public hearing.--Before approving a covered transfer,
the Secretary shall provide for notice and a public hearing to
take place in the community of the acquired hospital concerning
the transfer and publication of a public report on testimony
received at the hearing.
``(d) Application of Alternative State Law Requirements.--A covered
transfer is deemed to meet an applicable requirement of subsection (c)
relating to the transfer to the extent that the Secretary determines
that there is a State law that imposes a requirement at least as
stringent as the requirement involved with respect to the transfer.
``(e) Delegation of Authority.--The Secretary may exercise the
Secretary's authority under this section through any appropriate
official in the Department of Health and Human Services.
``(f) No Effect on Other Rights.--The fact that the Secretary has
approved a covered transfer under this section shall not supersede
other rights that any entity (including the federal government or a
State or local government) may have to challenge the transfer on any
grounds.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to covered transfers for which agreements or transactions
are entered into on or after January 7, 1997. | Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Young and
Beginning Farmers Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVED ACCESS TO LAND
Sec. 101. Land trust eligibility for assistance for agricultural land
easements.
Sec. 102. Priority for option to purchase at agricultural value in
agricultural land easements.
Sec. 103. Prequalification of prospective applicants for credit from
Farm Service Agency programs.
Sec. 104. Increase in limitation on amount of direct farm ownership
loans; inflation indexation of limit.
Sec. 105. Report and action plan on agricultural conservation easement
program.
TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND
PROGRAMS
Sec. 201. Beginning farmer coordination.
Sec. 202. Transfer of Advisory Committee on Beginning Farmers and
Ranchers to jurisdiction of Farm Service
Agency.
Sec. 203. Department of Agriculture on-line customer self-service
portal.
Sec. 204. Beginning farmer and rancher development program to provide
training, education, outreach, and
technical assistance initiatives.
Sec. 205. Reauthorization of beginning farmer and rancher individual
development accounts pilot program.
Sec. 206. Sale of surplus farm equipment or property to socially
disadvantaged farmers or ranchers, veteran
farmers or ranchers, and beginning farmers
or ranchers.
TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS
Sec. 301. Mandatory funding for farmers' market and local food
promotion program.
Sec. 302. Grants to support farm viability programs.
TITLE I--IMPROVED ACCESS TO LAND
SEC. 101. LAND TRUST ELIGIBILITY FOR ASSISTANCE FOR AGRICULTURAL LAND
EASEMENTS.
(a) Land Trusts.--Section 1265B of the Food Security Act of 1985
(16 U.S.C. 3865b) is amended by adding at the end the following:
``(e) Land Trusts.--
``(1) Eligibility for assistance.--Notwithstanding section
1001D(b), an eligible entity that is a qualified land trust, as
determined by the Secretary, may receive assistance under this
section.
``(2) Assistance for reservation of easement.--The
Secretary may provide assistance to an eligible entity that is
a qualified land trust to supplement the sale price of eligible
land to a farmer or rancher, who is not ineligible to receive
assistance under section 1001D, if the eligible entity that is
a qualified land trust reserves for itself an agricultural land
easement in the eligible land.''.
(b) Conforming Amendment.--Section 1001D(b)(1) of the Food Security
Act of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by striking
``Notwithstanding'' and inserting ``Except as provided in section
1265B(e), notwithstanding''.
SEC. 102. PRIORITY FOR OPTION TO PURCHASE AT AGRICULTURAL VALUE IN
AGRICULTURAL LAND EASEMENTS.
Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended by adding at the end the following:
``(D) Priority.--In evaluating applications under
the program, the Secretary shall give priority to an
application for the purchase of an agricultural land
easement that, as determined by the Secretary--
``(i) maintains agricultural viability;
``(ii) includes, as a condition of the
easement, a requirement that any subsequent
purchase of the land subject to the easement
shall be at agricultural value; or
``(iii) achieves the objectives of both
clauses (i) and (ii).''.
SEC. 103. PREQUALIFICATION OF PROSPECTIVE APPLICANTS FOR CREDIT FROM
FARM SERVICE AGENCY PROGRAMS.
Not later than October 1, 2018, the Secretary of Agriculture shall
develop and implement procedures to ensure that the Farm Service Agency
is prepared, in advance, to respond to a request by a prospective loan
applicant (other than a request for preapproval) for a preliminary
determination on--
(1) whether the prospective applicant would likely qualify
for credit under any program administered by the Farm Service
Agency; or
(2) the amount of credit for which the prospective
applicant would likely qualify under any such program.
SEC. 104. INCREASE IN LIMITATION ON AMOUNT OF DIRECT FARM OWNERSHIP
LOANS; INFLATION INDEXATION OF LIMIT.
Section 305 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1925) is amended to read as follows:
``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
``(a) In General.--The Secretary shall make or insure no loan under
section 302, 303, 304, 310D, or 310E of this title that would cause the
unpaid indebtedness under such sections of any 1 borrower to exceed the
smaller of--
``(1) the value of the farm or other security; or
``(2)(A) in the case of a loan other than a loan guaranteed
by the Secretary, $500,000 (increased, beginning with the
fiscal year 2019, by the regional farm real estate inflation
percentage applicable to the region where the farm involved is
located for the fiscal year in which the loan is made, and
decreased by the amount of any unpaid indebtedness of the
borrower on direct loans under subtitle B); or
``(B) in the case of a loan guaranteed by the Secretary,
$700,000 (increased, beginning with fiscal year 2000, by the
cost inflation percentage applicable to the fiscal year in
which the loan is guaranteed and reduced by the amount of any
unpaid indebtedness of the borrower on loans under subtitle B
that are guaranteed by the Secretary).
``(b) Determination of Value.--In determining the value of the
farm, the Secretary shall consider appraisals made by competent
appraisers under rules established by the Secretary.
``(c) Cost Inflation Percentage.--For purposes of this section, the
cost inflation percentage applicable to a fiscal year is the percentage
(if any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.
``(d) Regional Farm Real Estate Inflation Percentage.--
``(1) In general.--For purposes of this section, the
regional farm real estate inflation percentage applicable to a
farm for a fiscal year is the percentage (if any) by which--
``(A) the regional farm real estate inflation index
developed under paragraph (2) for the region in which
the farm is located, for the 12-month period ending on
August 31 of the immediately preceding fiscal year;
exceeds
``(B) the average of the index (as so defined) for
the 12-month period ending on August 31, 2018.
``(2) Development.--The Secretary shall develop a regional
farm real estate inflation index for measuring periodic changes
in the price of farm real estate in each geographic region of
the United States, using data from the National Agricultural
Statistics Service.
``(e) Microloans.--
``(1) In general.--Subject to paragraph (2), the Secretary
may establish a program to make or guarantee microloans.
``(2) Limitations.--The Secretary shall not make or
guarantee a microloan under this subsection that would cause
the total principal indebtedness outstanding at any 1 time for
microloans made under this subtitle to any 1 borrower to exceed
$50,000.
``(3) Applications.--To the maximum extent practicable, the
Secretary shall limit the administrative burdens and streamline
the application and approval process for microloans under this
subsection.''.
SEC. 105. REPORT AND ACTION PLAN ON AGRICULTURAL CONSERVATION EASEMENT
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
agricultural conservation easement program established under section
1265(a) of the Food Security Act of 1985 (16 U.S.C. 3865(a)) remains a
valuable program in assisting beginning farmers and ranchers in
acquiring farmland for productive use.
(b) Report and Plan Required.--Not later than one year after the
date of the enactment of this Act, the Chief of the Natural Resources
Conservation Service shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that includes--
(1) an evaluation of the extent in which the agricultural
conservation easement program supports beginning farmers or
ranchers in acquiring farmland; and
(2) a plan to address any shortcomings identified through
the evaluation for the purpose of furthering the goals of the
agricultural conservation easement program to protect farmland
and help farmers access farmland for productive use.
TITLE II--IMPROVED ACCESS TO DEPARTMENT OF AGRICULTURE TRAINING AND
PROGRAMS
SEC. 201. BEGINNING FARMER COORDINATION.
(a) Program Established.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, acting through the
Administrator of the Farm Service Agency, shall implement a program to
assign to each State at least one coordinator to--
(1) promote communication between the Department of
Agriculture and beginning farmers or ranchers (as defined in
section 206(b)) located in such State; and
(2) increase the access of such beginning farmers or
ranchers to apprenticeship programs, farm loan programs, and
land available for purchase.
(b) Use of Current Employees.--The assignment of beginning farmer
coordinators in compliance with subsection (a) may be accomplished
through the designation of current employees of the Department of
Agriculture and does not require the hiring of additional employees.
(c) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 202. TRANSFER OF ADVISORY COMMITTEE ON BEGINNING FARMERS AND
RANCHERS TO JURISDICTION OF FARM SERVICE AGENCY.
The Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6901 et seq.) is amended--
(1) in section 226B(e)(2) (7 U.S.C. 6934)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as
subparagraph (C); and
(2) in section 226 (7 U.S.C. 6932), by adding at the end
the following new subsection:
``(i) Advisory Committee on Beginning Farmers and Ranchers.--The
Secretary of Agriculture shall coordinate the activities of the Farm
Service Agency with the Advisory Committee on Beginning Farmers and
Ranchers established under section 5(b) of the Agricultural Credit
Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554).''.
SEC. 203. DEPARTMENT OF AGRICULTURE ON-LINE CUSTOMER SELF-SERVICE
PORTAL.
(a) Customer Self-Service Portal.--The Secretary of Agriculture
shall develop an on-line customer self-service portal through which
farmers and ranchers will be able to securely access their customer and
program information and complete program applications in a wide range
of agricultural programs offered by the Department of Agriculture.
(b) Sense of Congress.--It is the sense of Congress that the
development of an on-line customer self-service portal, as required by
subsection (a), should not negatively impact the many farmers and
ranchers who do not yet have access to high-speed internet or who would
prefer not to utilize the online self-service portal.
(c) Authorization of Appropriations.--For the three-fiscal year
period beginning on October 1, 2018, there are authorized to be
appropriated to the Secretary of Agriculture to carry out subsection
(a)--
(1) not less than $6,000,000; and
(2) such additional amounts as are considered appropriate.
SEC. 204. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM TO PROVIDE
TRAINING, EDUCATION, OUTREACH, AND TECHNICAL ASSISTANCE
INITIATIVES.
Section 7405 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3319f) is amended by striking subsection (h) and inserting
the following new subsections:
``(h) Individual Development Accounts.--
``(1) Transfer of funds authorized.--Of the funds made
available under subsection (i), the Secretary may transfer up
to $10,000,000 per year, plus allocable administrative costs,
for individual development accounts as authorized under section
333B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983b).
``(2) Administrative costs.--The Secretary may not use more
than 4 percent of the funds transferred under this subsection
for administrative costs incurred in implementing the
individual development accounts authorized under section 333B
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1983b).
``(i) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall make available to carry
out this section--
``(A) $20,000,000 for fiscal year 2018;
``(B) $30,000,000 for each of fiscal years 2019 and
2020;
``(C) $40,000,000 for each of fiscal years 2021 and
2022; and
``(D) $50,000,000 for fiscal year 2023 and each
fiscal year thereafter.
``(2) Authorization of appropriations.--In addition to
funds provided under paragraph (1), there is authorized to be
appropriated to carry out this section $30,000,000 for fiscal
year 2018 and each fiscal year thereafter.
``(3) Availability.--Amounts made available under this
subsection shall remain available until expended.''.
SEC. 205. REAUTHORIZATION OF BEGINNING FARMER AND RANCHER INDIVIDUAL
DEVELOPMENT ACCOUNTS PILOT PROGRAM.
Subsection (h) of section 333B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983b) is amended to read as follows:
``(h) Authorization of Appropriations.--In addition to any amounts
provided under section 7405 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 3319f), there is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 2018 through
2023.''.
SEC. 206. SALE OF SURPLUS FARM EQUIPMENT OR PROPERTY TO SOCIALLY
DISADVANTAGED FARMERS OR RANCHERS, VETERAN FARMERS OR
RANCHERS, AND BEGINNING FARMERS OR RANCHERS.
(a) Sale Authorized.--The Administrator of General Services, under
regulations prescribed by the Administrator, may sell to a socially
disadvantaged farmer or rancher, veteran farmer or rancher, or
beginning farmer or rancher any farm equipment acquired by the General
Services Administration that--
(1) is suitable for use in farming operations; and
(2) has been determined to be surplus property under
chapter 5 of title 40, United States Code.
(b) Definitions.--In this section:
(1) Beginning farmer or rancher.--The term ``beginning
farmer or rancher'' means an individual or entity that has not
operated a farm or ranch or that has operated a farm or ranch
for not more than 10 consecutive years and that will materially
and substantially participate in the operation of the farm or
ranch. In the case of an entity, these requirements apply to
all members of the entity.
(2) Food, agriculture, conservation, and trade act of 1990
terms.--The terms ``socially disadvantaged farmer or rancher''
and ``veteran farmer or rancher'' have the meanings given those
terms in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).
TITLE III--INVESTMENT IN LOCAL AND REGIONAL FOOD SYSTEMS
SEC. 301. MANDATORY FUNDING FOR FARMERS' MARKET AND LOCAL FOOD
PROMOTION PROGRAM.
Section 6(g)(1) of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3005(g)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) in subparagraph (D), by striking ``2018.'' and
inserting ``2017; and''; and
(3) by adding at the end the following new subparagraph:
``(E) $50,000,000 for each of fiscal years 2018
through 2023.''.
SEC. 302. GRANTS TO SUPPORT FARM VIABILITY PROGRAMS.
(a) Grants Authorized.--The Secretary of Agriculture may make
competitive grants to support a farm viability program developed by a
public or private entity that is designed--
(1) to improve the economic viability and integrity of
farms participating in the program through the development and
implementation of a farm viability plans; and
(2) to provide participating farmers with technical, legal,
marketing, and business planning assistance to expand, upgrade,
and modernize their agricultural operations and assist in land
access and transfer.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture to make grants under this
section $5,000,000 for each of fiscal years 2018 through 2023. | Young and Beginning Farmers Act This bill amends various agricultural laws to modify and establish programs to assist beginning farmers. The bill makes land trusts eligible for certain assistance under the Department of Agriculture (USDA) Agricultural Conservation Easement Program. In administering the program, USDA must prioritize an application for purchasing an easement that maintains agricultural viability, requires subsequent purchases to be at agricultural value, or both. The bill modifies several agricultural programs to: require the Farm Service Agency (FSA) to prequalify loan applicants, increase and index for inflation the limits on the amounts of USDA farm ownership loans, transfer jurisdiction of the Advisory Committee on Beginning Farmers and Ranchers to the FSA, establish an online customer self-service portal, reauthorize the Beginning Farmer and Rancher Development Program with increased mandatory funding and allow specified funds to be transferred for individual development accounts, reauthorize the Beginning Farmer and Rancher Individual Development Accounts Pilot Program, reauthorize the Farmers Market and Local Food Promotion Program with increased mandatory funding, and authorize grants for farm viability programs. The FSA must assign state coordinators to promote communication with beginning farmers or ranchers and increase their access to USDA programs. The General Services Administration may sell surplus farm equipment or property to socially disadvantaged, veteran, or beginning farmers and ranchers. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Employment Transition
Support Act of 2007'' or the ``VETS Act of 2007''.
SEC. 2. CREDIT FOR EMPLOYERS HIRING VETERANS.
(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. 45O. CREDIT FOR EMPLOYERS HIRING VETERANS.
``(a) General Rule.--For purposes of section 38, the military
service personnel employment credit for the taxable year shall be equal
to--
``(1) in the case of a qualified veteran, 40 percent of the
qualified first-year wages with respect to such veteran for
such year, and
``(2) in the case of a qualified disabled veteran, the
applicable percentage of the qualified first-year wages with
respect to such veteran for such year.
``(b) Veteran Taken Into Account Only Once.--No credit shall be
determined under subsection (a) with respect to any veteran unless such
veteran has elected (in such form and manner as the Secretary may
require) to have his qualified first-year wages taken into account with
respect to the employer paying such wages. A veteran may make only one
election under this subsection. The Secretary shall require such
reporting as the Secretary determines is necessary to carry out the
purposes of this subsection.
``(c) Qualified Wages.--For purposes of this section--
``(1) In general.--The term `qualified wages' means, with
respect to any individual, the wages paid or incurred by the
employer during the taxable year to such individual.
``(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.
``(d) Qualified Veteran; Hiring Date.--For purposes of this
section--
``(1) Qualified veteran.--The term `qualified veteran'
means any individual who is certified by the designated local
agency (as defined in section 51(d)(11)) as being a veteran (as
defined in section 51(d)(3)(B)).
``(2) Hiring date.--The term `hiring date' has the meaning
given such term by section 51(d).
``(e) Qualified Disabled Veteran; Applicable Percentage.--
``(1) In general.--The term `qualified disabled veteran'
means any qualified veteran who is certified by the designated
local agency (as defined in section 51(d)(11)) 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
``(f) 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.
``(g) Coordination With Work Opportunity Credit.--The credit
allowed under this section with respect to any qualified first-year
wages shall be in addition to any credit allowed under section 51 with
respect to such wages.''.
(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 (30), by striking the period at the end of paragraph (31)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(32) the military service personnel employment credit
determined under section 45O(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 45O(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 45O or 51.''.
(3) Subsection (a) of section 280C of such Code is amended
by inserting ``45O(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 45O 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 45O 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. 45O. Credit for employers hiring veterans.''.
(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 2007 or the VETS Act of 2007 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring certain veterans certified by designated local agencies as having served on active duty (other than for training) in the Armed Forces for a period of more than 180 days or having been discharged or released from active duty for a service-connected disability. Sets the amount of such credit at 40% 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. PREPAYMENT OF DEVELOPMENT COMPANY 0DEBENTURES.
(a) In General.--Title V of the Small Business Investment Act of
1958 (15 U.S.C. 695, et seq.) is amended by adding at the end the
following new section:
``SEC. 507. PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES.
``(a) In General.--(1) If the requirements of subsection (b) are
met and subject to the availability of appropriations, the issuer of a
debenture purchased by the Federal Financing Bank and guaranteed by the
Administration under section 503 may, at the election of the borrower
whose loan secures such debenture and with the approval of the
Administration, prepay such debenture by paying to the Federal
Financing Bank the amount that is equal to the sum of the unpaid
principal balance due on the debenture on the date of the prepayment
(plus accrued interest at the coupon rate on the debenture) and the
amount of the repurchase premium described in paragraph (2)(A). The
Administration shall pay to the Federal Financing Bank the difference
between the repurchase premium paid by the issuer of the debenture
under this subsection and the repurchase premium that the Federal
Financing Bank would otherwise have received.
``(2)(A) The amount of the repurchase premium described in this
paragraph is the product of--
``(i) the unpaid principal balance due on the debenture on
the date of prepayment;
``(ii) the interest rate of the debenture; and
``(iii) the factor `P', as determined under subparagraph
(B).
``(B) for purposes of subparagraph (A)(iii), the factor `P' means
the applicable percent determined in accordance with the following
table:
------------------------------------------------------------------------
Applicable percent
``Year in which prepayment of ---------------------------------------
debenture is made (from date of 10-year 15-year 20-year 25-year
original issuance) term term term term
loan loan loan loan
------------------------------------------------------------------------
1............................... 1.00 1.00 1.00 1.00
2............................... .80 .85 .90 .92
3............................... .60 .70 .80 .84
4............................... .40 .55 .70 .76
5............................... .20 .40 .60 .68
6............................... 0 .25 .50 .60
7............................... 0 .10 .40 .52
8............................... 0 0 .30 .44
9............................... 0 0 .20 .36
10.............................. 0 0 .10 .28
11.............................. 0 0 0 .20
12.............................. 0 0 0 .12
13.............................. 0 0 0 .04
14 through 25................... 0 0 0 0
------------------------------------------------------------------------
``(b) Requirements.--The requirements of this subsection are met
if--
``(1) the debenture is outstanding and neither the loan
that secures the debenture nor the debenture is in default on
the date the prepayment is made;
``(2) State or personal funds, which may include
refinancing under the programs authorized by sections 504 and
505 of this Act, are used to prepay the debenture; and
``(3) the issuer certifies that the benefits, net of fees
and expenses authorized herein, associated with prepayment of
the debenture are entirely passed through to the borrower.
``(c) No fees or penalties other than those specified in this
section may be imposed as a condition of such prepayment against the
issuer or the borrower, or the Administration or any fund or account
administered by the Administration, except as provided in this Act.
``(d) The refinancing of debentures authorized by paragraph (b)(2)
of this section under section 504 of this Act shall be limited to only
such amounts as are needed to prepay existing debentures and shall be
subject to all of the other provisions of sections 504 and 505 of this
Act and the rules and regulations of the Administration promulgated
thereunder, including, but not limited to, rules and regulations
governing payment of authorized expenses and commissions, fees and
discounts to brokers and dealers in trust certificates issued pursuant
to section 505: Provided, however, That no applicant for refinancing
under section 504 of this Act need demonstrate that a requisite number
of jobs will be created with the proceeds of such refinancing.''
Sec. 2. (a) The provisions of this Act are exercisable at the
option of the borrower.
(b) Any new credit or spending authority provided for in this Act
is subject to amounts provided in advance in appropriations Acts.
(c) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
(d) Within 30 days of the effective date of this Act, the
Administration shall promulgate such regulations as are necessary,
including establishing an order of priority to accomplish the
provisions of this Act.
(e) Subsection 504(b) of this Act is hereby repealed, subsection
504(a) is renumbered as section 504, and paragraphs (1) through (3) of
subsection 504(a) are renumbered as subsections 504 (a) through (c). | Amends the Small Business Investment Act of 1958 to permit a qualified State or local development company that issues a debenture purchased by the Federal Financing Bank and guaranteed by the Small Business Administration, at the election of the small business borrower whose loan secures such debenture and with the Administrators approval, to prepay the debenture by payment to the Bank of the unpaid principal balance, accrued interest, and repurchase premium amount (as determined under this Act).
Prohibits any fees or penalties from being imposed against the issuer, borrower, or the Administration as a condition of prepayment under this Act.
Authorizes appropriations. | [
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SECTION 1. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS.
(a) In General.--The portion of the Texas City Ship Channel, Texas
City, Texas, described in subsection (b) shall not be subject to
navigational servitude beginning on the date of enactment of this Act.
(b) Description.--The portion of the Texas City Ship Channel
described in this subsection is a tract or parcel containing 393.53
acres (17,142,111 square feet) of land situated in the City of Texas
City Survey, Abstract Number 681, and State of Texas Submerged Lands
Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract
being more particularly described as follows:
(1) Beginning at the intersection of an edge of fill along
Galveston Bay with the most northerly east survey line of said
City of Texas City Survey, Abstract No. 681, the same being a
called 375.75 acre tract patented by the State of Texas to the
City of Texas City and recorded in Volume 1941, Page 750 of the
Galveston County Deed Records (G.C.D.R.), from which a found
U.S. Army Corps of Engineers Brass Cap stamped ``R 4-3'' set in
the top of the Texas City Dike along the east side of Bay
Street bears North 56 14' 32" West, a distance of 6,045.31
feet and from which a found U.S. Army Corps of Engineers Brass
Cap stamped ``R 4-2'' set in the top of the Texas City Dike
along the east side of Bay Street bears North 49 13' 20" West,
a distance of 6,693.64 feet.
(2) Thence, over and across said State Tracts 98A and 99A
and along the edge of fill along said Galveston Bay, the
following eight (8) courses and distances:
(A) South 75 49' 13" East, a distance of 298.08
feet to an angle point of the tract herein described.
(B) South 81 16' 26" East, a distance of 170.58
feet to an angle point of the tract herein described.
(C) South 79 20' 31" East, a distance of 802.34
feet to an angle point of the tract herein described.
(D) South 75 57' 32" East, a distance of 869.68
feet to a point for the beginning of a non-tangent
curve to the right.
(E) Easterly along said non-tangent curve to the
right having a radius of 736.80 feet, a central angle
of 24 55' 59", a chord of South 68 47' 35" East -
318.10 feet, and an arc length of 320.63 feet to a
point for the beginning of a non-tangent curve to the
left.
(F) Easterly along said non-tangent curve to the
left having a radius of 373.30 feet, a central angle of
31 57' 42", a chord of South 66 10' 42" East - 205.55
feet, and an arc length of 208.24 feet to a point for
the beginning of a non-tangent curve to the right.
(G) Easterly along said non-tangent curve to the
right having a radius of 15,450.89 feet, a central
angle of 02 04' 10", a chord of South 81 56' 20" East
- 558.04 feet, and an arc length of 558.07 feet to a
point for the beginning of a compound curve to the
right and the northeasterly corner of the tract herein
described.
(H) Southerly along said compound curve to the
right and the easterly line of the tract herein
described, having a radius of 1,425.00 feet, a central
angle of 133 08' 00", a chord of South 14 20' 15"
East - 2,614.94 feet, and an arc length of 3,311.15
feet to a point on a line lying 125.00 feet northerly
of and parallel with the centerline of an existing
levee for the southeasterly corner of the tract herein
described.
(3) Thence, continuing over and across said State Tracts
98A and 99A and along lines lying 125.00 feet northerly of,
parallel, and concentric with the centerline of said existing
levee, the following twelve (12) courses and distances:
(A) North 78 01' 58" West, a distance of 840.90
feet to an angle point of the tract herein described.
(B) North 76 58' 35" West, a distance of 976.66
feet to an angle point of the tract herein described.
(C) North 76 44' 33" West, a distance of 1,757.03
feet to a point for the beginning of a tangent curve to
the left.
(D) Southwesterly, along said tangent curve to the
left having a radius of 185.00 feet, a central angle of
82 27' 32", a chord of South 62 01' 41" West - 243.86
feet, and an arc length of 266.25 feet to a point for
the beginning of a compound curve to the left.
(E) Southerly, along said compound curve to the
left having a radius of 4,535.58 feet, a central angle
of 11 06' 58", a chord of South 15 14' 26" West -
878.59 feet, and an arc length of 879.97 feet to an
angle point of the tract herein described.
(F) South 64 37' 11" West, a distance of 146.03
feet to an angle point of the tract herein described.
(G) South 67 08' 21" West, a distance of 194.42
feet to an angle point of the tract herein described.
(H) North 34 48' 22" West, a distance of 789.69
feet to an angle point of the tract herein described.
(I) South 42 47' 10" West, a distance of 161.01
feet to an angle point of the tract herein described.
(J) South 42 47' 10" West, a distance of 144.66
feet to a point for the beginning of a tangent curve to
the right.
(K) Westerly, along said tangent curve to the right
having a radius of 310.00 feet, a central angle of 59
50' 28", a chord of South 72 42' 24" West - 309.26
feet, and an arc length of 323.77 feet to an angle
point of the tract herein described.
(L) North 77 22' 21" West, a distance of 591.41
feet to the intersection of said parallel line with the
edge of fill adjacent to the easterly edge of the Texas
City Turning Basin for the southwesterly corner of the
tract herein described, from which a found U.S. Army
Corps of Engineers Brass Cap stamped ``SWAN 2'' set in
the top of a concrete column set flush in the ground
along the north bank of Swan Lake bears South 20 51'
58" West, a distance of 4,862.67 feet.
(4) Thence, over and across said City of Texas City Survey
and along the edge of fill adjacent to the easterly edge of
said Texas City Turning Basin, the following eighteen (18)
courses and distances:
(A) North 01 34' 19" East, a distance of 57.40
feet to an angle point of the tract herein described.
(B) North 05 02' 13" West, a distance of 161.85
feet to an angle point of the tract herein described.
(C) North 06 01' 56" East, a distance of 297.75
feet to an angle point of the tract herein described.
(D) North 06 18' 07" West, a distance of 71.33
feet to an angle point of the tract herein described.
(E) North 07 21' 09" West, a distance of 122.45
feet to an angle point of the tract herein described.
(F) North 26 41' 15" West, a distance of 46.02
feet to an angle point of the tract herein described.
(G) North 01 31' 59" West, a distance of 219.78
feet to an angle point of the tract herein described.
(H) North 15 54' 07" West, a distance of 104.89
feet to an angle point of the tract herein described.
(I) North 04 00' 34" East, a distance of 72.94
feet to an angle point of the tract herein described.
(J) North 06 46' 38" West, a distance of 78.89
feet to an angle point of the tract herein described.
(K) North 12 07' 59" West, a distance of 182.79
feet to an angle point of the tract herein described.
(L) North 20 50' 47" West, a distance of 105.74
feet to an angle point of the tract herein described.
(M) North 02 02' 04" West, a distance of 184.50
feet to an angle point of the tract herein described.
(N) North 08 07' 11" East, a distance of 102.23
feet to an angle point of the tract herein described.
(O) North 08 16' 00" West, a distance of 213.45
feet to an angle point of the tract herein described.
(P) North 03 15' 16" West, a distance of 336.45
feet to a point for the beginning of a non-tangent
curve to the left.
(Q) Northerly along said non-tangent curve to the
left having a radius of 896.08 feet, a central angle of
14 00' 05", a chord of North 09 36' 03" West - 218.43
feet, and an arc length of 218.97 feet to a point for
the beginning of a non-tangent curve to the right.
(R) Northerly along said non-tangent curve to the
right having a radius of 483.33 feet, a central angle
of 19 13' 34", a chord of North 13 52' 03" East -
161.43 feet, and an arc length of 162.18 feet to a
point for the northwesterly corner of the tract herein
described.
(5) Thence, continuing over and across said City of Texas
City Survey, and along the edge of fill along said Galveston
Bay, the following fifteen (15) courses and distances:
(A) North 30 45' 02" East, a distance of 189.03
feet to an angle point of the tract herein described.
(B) North 34 20' 49" East, a distance of 174.16
feet to a point for the beginning of a non-tangent
curve to the right.
(C) Northeasterly along said non-tangent curve to
the right having a radius of 202.01 feet, a central
angle of 25 53' 37", a chord of North 33 14' 58" East
- 90.52 feet, and an arc length of 91.29 feet to a
point for the beginning of a non-tangent curve to the
left.
(D) Northeasterly along said non-tangent curve to
the left having a radius of 463.30 feet, a central
angle of 23 23' 57", a chord of North 48 02' 53" East
- 187.90 feet, and an arc length of 189.21 feet to a
point for the beginning of a non-tangent curve to the
right.
(E) Northeasterly along said non-tangent curve to
the right having a radius of 768.99 feet, a central
angle of 16 24' 19", a chord of North 43 01' 40" East
- 219.43 feet, and an arc length of 220.18 feet to an
angle point of the tract herein described.
(F) North 38 56' 50" East, a distance of 126.41
feet to an angle point of the tract herein described.
(G) North 42 59' 50" East, a distance of 128.28
feet to a point for the beginning of a non-tangent
curve to the right.
(H) Northerly along said non-tangent curve to the
right having a radius of 151.96 feet, a central angle
of 68 36' 31", a chord of North 57 59' 42" East -
171.29 feet, and an arc length of 181.96 feet to a
point for the most northerly corner of the tract herein
described.
(I) South 77 14' 49" East, a distance of 131.60
feet to an angle point of the tract herein described.
(J) South 84 44' 18" East, a distance of 86.58
feet to an angle point of the tract herein described.
(K) South 58 14' 45" East, a distance of 69.62
feet to an angle point of the tract herein described.
(L) South 49 44' 51" East, a distance of 149.00
feet to an angle point of the tract herein described.
(M) South 44 47' 21" East, a distance of 353.77
feet to a point for the beginning of a non-tangent
curve to the left.
(N) Easterly along said non-tangent curve to the
left having a radius of 253.99 feet, a central angle of
98 53' 23", a chord of South 83 28' 51" East - 385.96
feet, and an arc length of 438.38 feet to an angle
point of the tract herein described.
(O) South 75 49' 13" East, a distance of 321.52
feet to the point of beginning and containing 393.53
acres (17,142,111 square feet) of land. | This bill declares that a specified portion of the Texas City Ship Channel, Texas City, Texas, shall not be subject to navigational servitude. | [
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SECTION 1. DEFINITION.
In this Act, the term ``agency'' means--
(1) an Executive agency (as defined in section 105 of title
5, United States Code);
(2) an office, agency, or other establishment in the
legislative branch which is not a part of another office,
agency, or other establishment in the legislative branch; and
(3) an office, agency, or other establishment in the
judicial branch which is not a part of another office, agency,
or other establishment in the judicial branch.
SEC. 2. 2013 SEQUESTER CANCELLATION.
Notwithstanding any other provision of law, the sequestration of
budgetary resources for fiscal year 2013 ordered on March 1, 2013,
pursuant to section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 is cancelled.
SEC. 3. FLEXIBLE SEQUESTER IMPLEMENTED BY AGENCY HEADS.
(a) In General.--Notwithstanding any other provision of law, the
budget sequester for an account in the security and non-security
categories required by section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985 for fiscal year 2013 shall be
implemented within each account as determined by the head of the agency
with spending authority over such account.
(b) Appropriations Oversight.--
(1) In general.--The head of an agency may not exercise the
authority provided in subsection (a) unless the head has
submitted a notice of implementation describing the proposed
exercise of authority to the Committees on Appropriations of
both Houses not later than 15 days before exercising such
authority and each such committee approves the implementation
as provided in paragraph (2).
(2) Appropriations approval.--After the committees receive
an executive branch proposal for administering the sequester
under paragraph (1) and not later than 5 days after such
receipt, each committee, using standard procedures for
reprogramming, shall accept or reject the proposal. If a
proposal is accepted by both committees, the proposal may be
implemented. If either committee rejects a proposal and
notwithstanding section 2, sequestration within the relevant
agency will be administered through across the board cuts
consistent with section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985.
SEC. 4. DEPARTMENT OF DEFENSE FLEXIBILITY IN MANAGEMENT OF MULTIYEAR
CONTRACTS.
(a) In General.--In implementing under section 251(a)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(a)(1)) the discretionary spending reductions required by section
251A(7) of the Balanced Budget and Emergency Deficit Control Act of
1985, the Secretary of Defense may, in consultation with the Director
of the Office of Management and Budget, take appropriate actions in the
management of current multiyear contracts of the Department of Defense
to minimize the effects of such reductions in the carrying out of such
contracts.
(b) Authority for Commencement of Certain Programs, Projects, and
Activities of the Department of Defense.--Notwithstanding section 102
of the Continuing Appropriations Resolution, 2013 (Public Law 112-175),
appropriations or funds made available or authority granted pursuant to
section 101 of that Resolution for the Department of Defense may be
used for the programs, projects, and activities specified in H.R. 5856,
Department of Defense Appropriations Act, 2013, as reported with an
amendment in the Senate on August 2, 2012 in the 112th Congress or the
funding tables in division D of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239), including the following:
(1) The new production of items not funded for production
in fiscal year 2012 or prior fiscal years.
(2) The increase in production rates above those sustained
with fiscal year 2012 funds.
(3) The initiation, resumption, or continuation of any
project, activity, operation, or organization for which
appropriations, funds, or other authority were not available
during fiscal year 2012.
(c) Clarification of Availability of Multiyear Procurement
Authority for the Department of Defense.--Notwithstanding section 102
of the Continuing Appropriations Resolution, 2013 (Public Law 112-175),
subsection (l)(3) of section 2306b of title 10, United States Code, or
any other provision of law, the Secretary of Defense and the
Secretaries of the military departments may enter into contracts for
multiyear procurements that are authorized by the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239).
(d) Availability of Certain Shipbuilding and Conversion Funds.--Of
the amounts provided by section 101 of the Continuing Appropriations
Resolution, 2013 (Public Law 112-175) for ``Shipbuilding and
Conversion, Navy'', $372,573,000 shall be available to fund prior year
shipbuilding cost increases. The funds so available shall be
transferred to, and merged with, the following appropriations accounts
in the amounts specified:
(1) ``Shipbuilding and Conversion, Navy, 2009/2013'' for
the CVN Refueling Overhauls Program, $135,000,000.
(2) ``Shipbuilding and Conversion, Navy, 2007/2013'' for
the LHA Replacement Program, $156,685,000.
(3) ``Shipbuilding and Conversion, Navy, 2008/2013'' for
the LPD-17 Amphibious Transport Dock Program, $80,888,000. | Cancels the sequestration of budgetary resources for FY2013 ordered on March 1, 2013, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Balanced Budget Act). Requires the budget sequester for an account in the security and non-security categories under the Balanced Budget Act for FY2013 to be implemented within each account as determined by the head of the agency with spending authority over such account. Requires: (1) the agency head to notify the Appropriations Committees of a proposed exercise of authority for implementing a sequester, and (2) the Appropriations Committees to approve any agency proposal. Authorizes the Secretary of Defense (DOD) to: (1) take appropriate actions in the management of current DOD multiyear contracts to minimize the effects of a sequester in carrying out such contracts; and (2) begin new programs, projects, and activities and enter into new contracts for multiyear procurements that are authorized by the National Defense Authorization Act for FY2013. Allocates funding for prior year shipbuilding cost increases for the Navy. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Systemic Risk Designation
Improvement Act of 2017''.
SEC. 2. REVISIONS TO COUNCIL AUTHORITY.
(a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in
subsection (a)(2)(I) by inserting before the semicolon ``, which have
been identified as global systemically important bank holding companies
pursuant to section 217.402 of title 12, Code of Federal Regulations,
or subjected to a determination under subsection (l) of section 165''.
(b) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended--
(1) in subsection (a)(1), by striking ``large,
interconnected bank holding companies'' and inserting ``bank
holding companies which have been identified as global
systemically important bank holding companies pursuant to
section 217.402 of title 12, Code of Federal Regulations, or
subjected to a determination under subsection (l) of section
165''; and
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``; or'' at
the end and inserting a period;
(B) by striking ``the Council may'' and all that
follows through ``differentiate'' and inserting ``the
Council may differentiate''; and
(C) by striking subparagraph (B).
(c) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking
``with total consolidated assets of $50,000,000,000 or greater'' and
inserting ``which has been identified as a global systemically
important bank holding company pursuant to section 217.402 of title 12,
Code of Federal Regulations, or subjected to a determination under
subsection (l) of section 165''.
(d) Mitigation.--Section 121(a) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5331) is amended by
striking ``with total consolidated assets of $50,000,000,000 or more''
and inserting ``which has been identified as a global systemically
important bank holding company pursuant to section 217.402 of title 12,
Code of Federal Regulations, or subjected to a determination under
subsection (l) of section 165''.
(e) Office of Financial Research.--Section 155 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is
amended in subsection (d) by striking ``with total consolidated assets
of 50,000,000,000 or greater'' and inserting ``which have been
identified as global systemically important bank holding companies
pursuant to section 217.402 of title 12, Code of Federal Regulations,
or subjected to a determination under subsection (l) of section 165''.
SEC. 3. REVISIONS TO BOARD AUTHORITY.
(a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5363) is amended by striking
``with total consolidated assets equal to or greater than
$50,000,000,000'' each place such term appears and inserting ``which
has been identified as a global systemically important bank holding
company pursuant to section 217.402 of title 12, Code of Federal
Regulations, or subjected to a determination under subsection (l) of
section 165''.
(b) Management Interlocks.--Section 164 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended
by striking ``with total consolidated assets equal to or greater than
$50,000,000,000'' and inserting ``which has been identified as a global
systemically important bank holding company pursuant to section 217.402
of title 12, Code of Federal Regulations, or subjected to a
determination under subsection (l) of section 165''.
(c) Enhanced Supervision and Prudential Standards.--Section 165 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5365) is amended--
(1) in subsection (a), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which have been identified as global
systemically important bank holding companies pursuant to
section 217.402 of title 12, Code of Federal Regulations, or
subjected to a determination under subsection (l)'';
(2) in subsection (a)(2)--
(A) by striking ``(A) In general.--'';
(B) in subparagraph (A), by striking ``may'' and
inserting ``shall''; and
(C) by striking subparagraph (B);
(3) in subsection (j), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which has been identified as a global
systemically important bank holding company pursuant to section
217.402 of title 12, Code of Federal Regulations, or subjected
to a determination under subsection (l)''.
(d) Advanced Tailoring.--Section 165 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5365) is amended by
adding at the end the following:
``(l) Additional Bank Holding Companies Subject to Enhanced
Supervision and Prudential Standards by Tailored Regulation.--
``(1) Determination.--The Board of Governors may, within
the limits of its existing resources--
``(A) determine that a bank holding company that
has not been identified as a global systemically
important bank holding company pursuant to section
217.402 of title 12, Code of Federal Regulations, shall
be subject to certain enhanced supervision or
prudential standards under this section, tailored to
the risks presented, based on the considerations in
paragraph (3), where material financial distress at the
bank holding company, or the nature, scope, size,
scale, concentration, interconnectedness, or mix of the
activities of the individual bank holding company,
could pose a threat to the financial stability of the
United States; or
``(B) by regulation determine that a category of
bank holding companies that have not been identified as
global systemically important bank holding companies
pursuant to section 217.402 of title 12, Code of
Federal Regulations, shall be subject to certain
enhanced supervision or prudential standards under this
section, tailored to the risk presented by the category
of bank holding companies, based on the considerations
in paragraph (3), where material financial distress at
the category of bank holding companies, or the nature,
scope, size, scale, concentration, interconnectedness,
or mix of the activities of the category of bank
holding companies, could pose a threat to the financial
stability of the United States.
``(2) Council approval of regulations with respect to
categories.--Notwithstanding paragraph (1)(B), a regulation
issued by the Board of Governors to make a determination under
such paragraph (1)(B) shall not take effect unless the Council,
by a vote of not fewer than \2/3\ of the voting members then
serving, including an affirmative vote by the Chairperson,
approves the metrics used by the Board of Governors in
establishing such regulation.
``(3) Considerations.--In making any determination under
paragraph (1), the Board of Governors shall consider the
following factors:
``(A) The size of the bank holding company.
``(B) The interconnectedness of the bank holding
company.
``(C) The extent of readily available substitutes
or financial institution infrastructure for the
services of the bank holding company.
``(D) The global cross-jurisdictional activity of
the bank holding company.
``(E) The complexity of the bank holding company.
``(4) Consistent application of considerations.--In making
a determination under paragraph (1), the Board of Governors
shall ensure that bank holding companies that are similarly
situated with respect to the factors described under paragraph
(3), are treated similarly for purposes of any enhanced
supervision or prudential standards applied under this section.
``(5) Use of currently reported data to avoid unnecessary
burden.--For purposes of making a determination under paragraph
(1), the Board of Governors shall make use of data already
being reported to the Board of Governors, including from
calculating a bank holding company's systemic indicator score,
in order to avoid placing an unnecessary burden on bank holding
companies.''.
(e) Systemic Identification.--Section 165 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5365), as amended
by subsection (d), is further amended by adding at the end the
following:
``(m) Systemic Identification.--With respect to the identification
of bank holding companies as global systemically important bank holding
companies pursuant to section 217.402 of title 12, Code of Federal
Regulations, or subjected to a determination under subsection (l), the
Board of Governors shall--
``(1) publish, including on the Board of Governors's
website, a list of all bank holding companies that have been so
identified, and keep such list current; and
``(2) solicit feedback from the Council on the
identification process and on the application of such process
to specific bank holding companies.''.
(f) Conforming Amendment.--The second subsection (s) (relating to
``Assessments, Fees, and Other Charges for Certain Companies'') of
section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended--
(1) by redesignating such subsection as subsection (t); and
(2) in paragraph (2)(A), by striking ``having total
consolidated assets of $50,000,000,000 or more'' and inserting
``which have been identified as global systemically important
bank holding companies pursuant to section 217.402 of title 12,
Code of Federal Regulations, or subjected to a determination
under subsection (l) of section 165 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to prohibit the Board of Governors of the Federal Reserve
System from prescribing enhanced prudential standards for any bank
holding company which the Board of Governors determines, based upon the
bank holding company's size, interconnectedness, substitutability,
global cross-jurisdictional activity, and complexity, could pose a
safety and soundness risk to the stability of the United States banking
or financial system but has not been designated as a global
systemically important bank holding company.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect after the end of
the 1-year period following the date of the enactment of this Act. | Systemic Risk Designation Improvement Act of 2017 This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to allow the Federal Reserve Board (FRB) to subject a bank holding company to enhanced supervision if: (1) the company has been identified as a global systemically important company; or (2) the risk of the company's financial distress, or the nature of the company's activities, could pose a threat to the financial stability of the United States. Currently, companies are subject to this type of oversight if they possess at least $50 billion in assets or are a nonbank financial company under the FRB's supervision. The Financial Stability Oversight Council must approve of any metrics used by the FRB in determining by regulation that a category of bank holding companies is subject to enhanced supervision. Under this bill, companies subject to enhanced supervision may be required to limit mergers and acquisitions, restrict products offered, or maintain a certain debt ratio. The FRB must publish the list of companies that have been identified as requiring enhanced supervision. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Madera Water Supply Enhancement
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``District'' means the Madera Irrigation
District, Madera, California.
(2) The term ``Project'' means the Madera Water Supply
Enhancement Project, a groundwater bank on the 13,646 acre
Madera Ranch in Madera, California, owned, operated,
maintained, and managed by the District that will plan, design,
and construct recharge, recovery, and delivery systems able to
store up to 250,000 acre-feet of water and recover up to 55,000
acre-feet of water per year.
(3) The term ``Secretary'' means the Secretary of the
United States Department of the Interior.
(4) The term ``total cost'' means all reasonable costs,
such as the planning, design, permitting, financing, and
construction of the Project and the fair market value of lands
used or acquired by the District for the Project. The total
cost of the Project shall not exceed $90,000,000.
SEC. 3. NO FURTHER STUDIES OR REPORTS.
(a) Findings.--Congress finds that the Bureau of Reclamation and
others have conducted numerous studies regarding the Project,
including, but not limited to the following:
(1) Bureau of Reclamation Technical Review Groups Final
Findings Memorandum, July 1997.
(2) Bureau of Reclamation Madera Ranch Artificial Recharge
Demonstration Test Memorandum, December 1997.
(3) Bureau of Reclamation Madera Ranch Groundwater Bank
Phase 1 Report, 1998.
(4) Draft Memorandum Recommendations for Phase 2
Geohydrologic Work, April 1998.
(5) Bureau of Reclamation Madera Ranch Water Banking
Proposal Economic Analysis--MP-340.
(6) Hydrologic Feasibility Report, December 2003.
(7) Engineering Feasibility Report, December 2003.
(8) Feasibility Study of the Preferred Alternative, Water
Supply Enhancement Project, 2005.
(9) Engineering Feasibility Report, June 2005.
(10) Report on Geologic and Hydrologic Testing Program for
Madera Ranch.
(11) Engine Driver Study, June 2005.
(12) Wetlands Delineation, 2000, 2001, 2004, and 2005.
(13) Madera Ranch Pilot Recharge: Interim Technical
Memorandum, May 2005.
(14) Integrated Regional Water Management Plan, July 2005.
(15) Certified California Environmental Quality Act (CEQA)
Environmental Impact Report (EIR), September 2005.
(16) Baseline Groundwater Level Monitoring Report, January
2006.
(17) Final Appraisal Study, Madera Irrigation District
Water Supply Enhancement Project, October 2006.
(18) WDS Groundwater Monitoring Status Report to Madera
Ranch Oversight Committee, November 2006.
(b) No Further Studies or Reports.--Pursuant to the Reclamation Act
of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental
thereto, the Project is feasible and the Bureau of Reclamation shall
not conduct any further studies or reports related to determining the
feasibility of the Project.
SEC. 4. COOPERATIVE AGREEMENT.
All planning, design, and construction of the Project authorized by
this Act shall be undertaken in accordance with a cooperative agreement
between the Secretary and the District for the Project. Such
cooperative agreement shall set forth in a manner acceptable to the
Secretary and the District the responsibilities of the District for
participating, which shall include--
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of
the foregoing.
SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT
PROJECT.
(a) Authorization of Construction.--The Secretary, acting pursuant
to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388),
and Acts amendatory thereof or supplementary thereto, as far as those
laws are not inconsistent with the provisions of this Act, is
authorized to enter into a cooperative agreement through the Bureau
with the District for the support of the design, and construction of
the Project.
(b) Cost Share.--The Federal share of the capital costs of the
Project shall not exceed 25 percent of the total cost as defined in
section 2(4). Capital, planning, design, permitting, financing,
construction, and land acquisition costs incurred by the District prior
to the date of the enactment of this Act shall be considered a portion
of the non-Federal cost share.
(c) In-Kind Services.--In-kind services performed by the District
shall be considered a part of the local cost share to complete the
Project authorized by subsection (a).
(d) Credit for Non-Federal Work.--The District shall receive credit
toward the non-Federal share of the cost of the Project for--
(1) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting,
financing, and construction of the Project; and
(2) for the fair market value of lands used or acquired by
the District for the Project.
(e) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of the Project authorized by this section. The
operation, ownership, and maintenance of the Project shall be the sole
responsibility of the District.
(f) Plans and Analyses Consistent With Federal Law.--Before
obligating funds for design or construction under this section, the
Secretary shall work cooperatively with the District to use, to the
extent possible, plans, designs, and engineering and environmental
analyses that have already been prepared by the District for the
Project. The Secretary shall ensure that such information as is used is
consistent with applicable Federal laws and regulations.
(g) Title; Responsibility; Liability.--Nothing in this section or
the assistance provided under this section shall be construed to
transfer title, responsibility or liability related to the Project to
the United States.
(h) Authorization of Appropriation.--There is authorized to be
appropriated to the Secretary to carry out this Act $22,500,000 or 25
percent of the total cost of the Project, whichever is less.
SEC. 6. SUNSET.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of the enactment of this
Act. | Madera Water Supply Enhancement Act - Finds that: (1) the Bureau of Reclamation and others have conducted numerous studies regarding the Madera Water Supply Enhancement Project, California; (2) the Project is feasible; and (3) the Bureau shall not conduct any further studies or reports related to determining its feasibility.
Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits the federal share of Project capital costs to 25%.
Considers: (1) capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share; and (2) in-kind services performed by the District to be part of the local share. Requires the District to receive credit toward the nonfederal share for reasonable costs incurred from participation in the planning, design, permitting, financing, and construction of the Project and for the fair market value of lands used or acquired for the Project.
Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Terminates the Secretary's authority to carry out this Act 10 years after its enactment. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing Teachers for Digital Age
Learners Act of 2008''.
SEC. 2. TEACHER PREPARATION.
Part B of title II of the Higher Education Act of 1965 (20 U.S.C.
1041 et seq.) is amended to read as follows:
``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS
``SEC. 221. DEFINITIONS.
``For purposes of this part:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of
an institution of higher education, any academic unit
that offers 1 or more academic majors in disciplines or
content areas corresponding to the academic subject
matter areas in which teachers provide instruction; and
``(B) when referring to a specific academic subject
area, the disciplines or content areas in which
academic majors are offered by the arts and sciences
organizational unit.
``(2) High-need school.--The term `high-need school' means
a public elementary school or public secondary school that--
``(A) is among the highest 25 percent of schools
served by the local educational agency that serves the
school, in terms of the percentage of students from
families with incomes below the poverty line; or
``(B) is designated with a school locale code of
Rural: Fringe, Rural: Distant, or Rural: Remote, as
determined by the Secretary.
``(3) Poverty line.--The term `poverty line' means the
poverty line (as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(4) Professional development.--The term `professional
development' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965.
``SEC. 222. PROGRAM AUTHORIZED.
``(a) Program Authority.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements with,
eligible consortia to pay the Federal share of the costs of projects
to--
``(1) graduate teacher candidates who are prepared to use
modern information, communication, and learning tools to--
``(A) improve student learning, assessment, and
learning management; and
``(B) help students develop skills to succeed in
higher education and enter the workforce; and
``(2) strengthen and develop partnerships among the
stakeholders in teacher preparation to transform teacher
education and ensure technology rich learning environments
throughout a teacher candidate's pre-service education,
including clinical experiences.
``(b) Amount and Duration.--A grant, contract, or cooperative
agreement under this part--
``(1) shall be for not more than $2,000,000;
``(2) shall be for a 3-year period; and
``(3) may be renewed for one additional year.
``(c) Non-Federal Share Requirement.--The Federal share of the cost
of any project funded under this part shall not exceed 75 percent. The
non-Federal share of the cost of such project may be provided in cash
or in kind, fairly evaluated, including services.
``(d) Definition of Eligible Consortium.--In this part, the term
`eligible consortium' means a consortium of members that includes the
following:
``(1) At least one institution of higher education that
awards baccalaureate or masters degrees and prepares teachers
for initial entry into teaching.
``(2) At least one State educational agency or local
educational agency.
``(3) A department, school, or college of education at an
institution of higher education.
``(4) A department, school, or college of arts and sciences
at an institution of higher education.
``(5) At least one entity with the capacity to contribute
to the technology-related reform of teacher preparation
programs, which may be a professional association, foundation,
museum, library, for-profit business, public or private
nonprofit organization, community-based organization, or other
entity.
``SEC. 223. USES OF FUNDS.
``(a) In General.--An eligible consortium that receives a grant or
enters into a contract or cooperative agreement under this part shall
use funds made available under this part to carry out a project that--
``(1) develops long-term partnerships among members of the
consortium that are focused on effective teaching with modern
digital tools and content that substantially connect pre-
service preparation of teacher candidates with high-needs
schools; or
``(2) transforms the way departments, schools, and colleges
of education teach classroom technology integration, including
the principles of universal design, to teacher candidates.
``(b) Uses of Funds for Partnership Grants.--In carrying out a
project under subsection (a)(1), an eligible consortium shall--
``(1) provide teacher candidates, early in their
preparation, with field experiences in educational settings
with technology;
``(2) build the skills of teacher candidates to support
technology-rich instruction, assessment and learning management
in content areas, technology literacy, an understanding of the
principles of universal design, and the development of other
skills for success in higher education and for entering the
workforce;
``(3) provide professional development in the use of
technology for teachers, administrators, and content
specialists who participate in field placement;
``(4) provide professional development of technology
pedagogical skills for faculty of departments, schools, and
colleges of education and arts and sciences;
``(5) implement strategies for the mentoring of teacher
candidates with respect to technology implementation by members
of the consortium;
``(6) evaluate teacher candidates during the first years of
teaching to fully assess outcomes of the project;
``(7) build collaborative learning communities for
technology integration within the consortium to sustain
meaningful applications of technology in the classroom during
teacher preparation and early career practice; and
``(8) evaluate the effectiveness of the project.
``(c) Uses of Funds for Transformation Grants.--In carrying out a
project under subsection (a)(2), an eligible consortium shall--
``(1) redesign curriculum to require collaboration between
the department, school, or college of education faculty and the
department, school, or college of arts and sciences faculty who
teach content or methods courses for training teacher
candidates;
``(2) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and science faculty and academic content
specialists at the local educational agency to educate pre-
service teachers who can integrate technology and pedagogical
skills in content areas;
``(3) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and sciences faculty who teach courses to pre-
service teachers to--
``(A) develop and implement a plan for pre-service
teachers and continuing educators that demonstrates
effective instructional strategies and application of
such strategies in the use of digital tools to
transform the teaching and learning process; and
``(B) better reach underrepresented pre-service
teacher populations with programs that connect such
pre-service teacher populations with applications of
technology;
``(4) collaborate among faculty and students to create and
disseminate case studies of technology applications in
classroom settings with a goal of improving student achievement
in high-need schools;
``(5) provide additional technology resources for pre-
service teachers to plan and implement technology applications
in classroom settings that provide evidence of student
learning; and
``(6) bring together expertise from departments, schools,
or colleges of education, arts and science faculty, and
academic content specialists at the local educational agency to
share and disseminate technology applications in the classroom
through teacher preparation and into early career practice.
``SEC. 224. APPLICATION REQUIREMENTS.
``To be eligible to receive a grant or enter into a contract or
cooperative agreement under this part, an eligible consortium shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require. Such
application shall include the following:
``(1) A description of the project to be carried out with
the grant, including how the project will--
``(A) develop a long-term partnership focused on
effective teaching with modern digital tools and
content that substantially connects pre-service
preparation of teacher candidates with high-need
schools; or
``(B) transform the way departments, schools, and
colleges of education teach classroom technology
integration, including the principles of universal
design, to teacher candidates.
``(2) A demonstration of--
``(A) the commitment, including the financial
commitment, of each of the members of the consortium
for the proposed project; and
``(B) the support of the leadership of each
organization that is a member of the consortium for the
proposed project.
``(3) A description of how each member of the consortium
will participate in the project.
``(4) A description of how the State or local educational
agency will incorporate the project into the agency's
technology plan, if such a plan already exists.
``(5) A description of how the project will be continued
after Federal funds are no longer available under this part for
the project.
``(6) A description of how the project will incorporate--
``(A) State teacher technology standards; and
``(B) State student technology standards.
``(7) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific project
objectives.
``SEC. 225. EVALUATION.
``Not less than 10 percent of the funds awarded to an eligible
consortium to carry out a project under this part shall be used to
evaluate the effectiveness of such project.
``SEC. 226. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $100,000,000 to carry out
this part for fiscal year 2009 and such sums as may be necessary for
each of the 2 succeeding fiscal years.''. | Preparing Teachers for Digital Age Learners Act of 2008 - Amends the Higher Education Act of 1965 to replace the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program.
Authorizes the Secretary to provide funds, through grants, contracts, or cooperative agreements, to consortia of institutions of higher education, states or local educational agencies, and entities able to assist in the technology-related reform of teacher preparation programs, covering up to three-fourths of the costs of projects to: (1) develop long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools; or (2) transform the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates. | [
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SECTION 1. SHORT TITLE AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Reduce Unnecessary
Spending Act of 2010''.
(b) Purpose.--The purpose of this Act is to create an optional
fast-track procedure the President may use when submitting rescission
requests, which would lead to an up-or-down vote by Congress on the
President's package of rescissions, without amendment.
SEC. 2. RESCISSIONS OF FUNDING.
The Impoundment Control Act of 1974 is amended by striking part C
and inserting the following:
``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS
``SEC. 1021. APPLICABILITY AND DISCLAIMER.
``The rules, procedures, requirements, and definitions in this part
apply only to executive and legislative actions explicitly taken under
this part. They do not apply to actions taken under part B or to other
executive and legislative actions not taken under this part.
``SEC. 1022. DEFINITIONS.
``In this part:
``(1) The terms `appropriations Act', `budget authority',
and `new budget authority' have the same meanings as in section
3 of the Congressional Budget Act of 1974.
``(2) The terms `account', `current year', `CBO', and `OMB'
have the same meanings as in section 250 of the Balanced Budget
and Emergency Deficit Control Act of 1985 as in effect on
September 30, 2002.
``(3) The term `days of session' shall be calculated by
excluding weekends and national holidays. Any day during which
a chamber of Congress is not in session shall not be counted as
a day of session of that chamber. Any day during which neither
chamber is in session shall not be counted as a day of session
of Congress.
``(4) The term `entitlement law' means the statutory
mandate or requirement of the United States to incur a
financial obligation unless that obligation is explicitly
conditioned on the appropriation in subsequent legislation of
sufficient funds for that purpose, and the Supplemental
Nutrition Assistance Program.
``(5) The term `funding' refers to new budget authority and
obligation limits except to the extent that the funding is
provided for entitlement law.
``(6) The term `rescind' means to eliminate or reduce the
amount of enacted funding.
``(7) The terms `withhold' and `withholding' apply to any
executive action or inaction that precludes the obligation of
funding at a time when it would otherwise have been available
to an agency for obligation. The terms do not include
administrative or preparatory actions undertaken prior to
obligation in the normal course of implementing budget laws.
``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.
``(a) Timing.--If the President proposes that Congress rescind
funding under the procedures in this part, OMB shall transmit a message
to Congress containing the information specified in section 1024, and
the message transmitting the proposal shall be sent to Congress not
later than 45 calendar days after the date of enactment of the funding.
``(b) Packaging and Transmittal of Requested Rescissions.--Except
as provided in subsection (c), for each piece of legislation that
provides funding, the President shall request at most 1 package of
rescissions and the rescissions in that package shall apply only to
funding contained in that legislation. OMB shall deliver each message
requesting a package of rescissions to the Secretary of the Senate if
the Senate is not in session and to the Clerk of the House of
Representatives if the House is not in session. OMB shall make a copy
of the transmittal message publicly available, and shall publish in the
Federal Register a notice of the message and information on how it can
be obtained.
``(c) Special Packaging Rules.--After enactment of--
``(1) a joint resolution making continuing appropriations;
``(2) a supplemental appropriations bill; or
``(3) an omnibus appropriations bill;
covering some or all of the activities customarily funded in more than
1 regular appropriations bill, the President may propose as many as 2
packages rescinding funding contained in that legislation, each within
the 45-day period specified in subsection (a). OMB shall not include
the same rescission in both packages, and, if the President requests
the rescission of more than one discrete amount of funding under the
jurisdiction of a single subcommittee, OMB shall include each of those
discrete amounts in the same package.
``SEC. 1024. REQUESTS TO RESCIND FUNDING.
``For each request to rescind funding under this part, the
transmittal message shall--
``(1) specify--
``(A) the dollar amount to be rescinded;
``(B) the agency, bureau, and account from which
the rescission shall occur;
``(C) the program, project, or activity within the
account (if applicable) from which the rescission shall
occur;
``(D) the amount of funding, if any, that would
remain for the account, program, project, or activity
if the rescission request is enacted; and
``(E) the reasons the President requests the
rescission;
``(2) designate each separate rescission request by number;
and
``(3) include proposed legislative language to accomplish
the requested rescissions which may not include--
``(A) any changes in existing law, other than the
rescission of funding; or
``(B) any supplemental appropriations, transfers,
or reprogrammings.
``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.
``(a) Presidential Authority To Withhold Funding.--Notwithstanding
any other provision of law and if the President proposes a rescission
of funding under this part, OMB may, subject to the time limits
provided in subsection (c), temporarily withhold that funding from
obligation.
``(b) Expedited Procedures Available Only Once Per Bill.--The
President may not invoke the procedures of this part, or the authority
to withhold funding granted by subsection (a), on more than 1 occasion
for any Act providing funding.
``(c) Time Limits.--OMB shall make available for obligation any
funding withheld under subsection (a) on the earliest of--
``(1) the day on which the President determines that the
continued withholding or reduction no longer advances the
purpose of legislative consideration of the rescission request;
``(2) starting from the day on which OMB transmitted a
message to Congress requesting the rescission of funding, 25
calendar days in which the House of Representatives has been in
session or 25 calendar days in which the Senate has been in
session, whichever occurs second; or
``(3) the last day after which the obligation of the
funding in question can no longer be fully accomplished in a
prudent manner before its expiration.
``(d) Deficit Reduction.--
``(1) In general.--Funds that are rescinded under this part
shall be dedicated only to reducing the deficit or increasing
the surplus.
``(2) Adjustment of levels in the concurrent resolution on
the budget.--Not later than 5 days after the date of enactment
of an approval bill as provided under this part, the chairs of
the Committees on the Budget of the Senate and the House of
Representatives shall revise allocations and aggregates and
other appropriate levels under the appropriate concurrent
resolution on the budget to reflect the repeal or cancellation,
and the applicable committees shall report revised
suballocations pursuant to section 302(b), as appropriate.
``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.
``(a) Preparation of Legislation To Consider a Package of Expedited
Rescission Requests.--
``(1) In general.--If the House of Representatives receives
a package of expedited rescission requests, the Clerk shall
prepare a House bill that only rescinds the amounts requested
which shall read as follows:
```There are enacted the rescissions numbered [insert
number or numbers] as set forth in the Presidential message of
[insert date] transmitted under part C of the Impoundment
Control Act of 1974 as amended.'
``(2) Exclusion procedure.--The Clerk shall include in the
bill each numbered rescission request listed in the
Presidential package in question, except that the Clerk shall
omit a numbered rescission request if the Chairman of the
Committee on the Budget of the House, after consulting with the
Chairman of the Committee on the Budget of the Senate, CBO,
GAO, and the House and Senate committees that have jurisdiction
over the funding, determines that the numbered rescission does
not refer to funding or includes matter not permitted under a
request to rescind funding.
``(b) Introduction and Referral of Legislation To Enact a Package
of Expedited Rescissions.--The majority leader or the minority leader
of the House or Representatives, or a designee, shall (by request)
introduce each bill prepared under subsection (a) not later than 4 days
of session of the House after its transmittal, or, if no such bill is
introduced within that period, any member of the House may introduce
the required bill in the required form on the fifth or sixth day of
session of the House after its transmittal. If such an expedited
rescission bill is introduced in accordance with the preceding
sentence, it shall be referred to the House committee of jurisdiction.
A copy of the introduced House bill shall be transmitted to the
Secretary of the Senate, who shall provide it to the Senate committee
of jurisdiction.
``(c) House Report and Consideration of Legislation To Enact a
Package of Expedited Rescissions.--The House committee of jurisdiction
shall report without amendment the bill referred to it under subsection
(b) not more than 5 days of session of the House after the referral.
The committee may order the bill reported favorably, unfavorably, or
without recommendation. If the committee has not reported the bill by
the end of the 5-day period, the committee shall be automatically
discharged from further consideration of the bill and it shall be
placed on the appropriate calendar.
``(d) House Motion To Proceed.--
``(1) In general.--After a bill to enact an expedited
rescission package has been reported or the committee of
jurisdiction has been discharged under subsection (c), it shall
be in order to move to proceed to consider the bill in the
House. A Member who wishes to move to proceed to consideration
of the bill shall announce that fact, and the motion to proceed
shall be in order only during a time designated by the Speaker
within the legislative schedule for the next calendar day of
legislative session or the one immediately following it.
``(2) Failure to set time.--If the Speaker does not
designate a time under paragraph (1), 3 or more calendar days
of legislative session after the bill has been reported or
discharged, it shall be in order for any Member to move to
proceed to consider the bill.
``(3) Procedure.--A motion to proceed under this subsection
shall not be in order after the House has disposed of a prior
motion to proceed with respect to that package of expedited
rescissions. The previous question shall be considered as
ordered on the motion to proceed, without intervening motion. A
motion to reconsider the vote by which the motion to proceed
has been disposed of shall not be in order.
``(4) Removal from calendar.--If 5 calendar days of
legislative session have passed since the bill was reported or
discharged under this subsection and no Member has made a
motion to proceed, the bill shall be removed from the calendar.
``(e) House Consideration.--
``(1) Considered as read.--A bill consisting of a package
of rescissions under this part shall be considered as read.
``(2) Points of order.--All points of order against the
bill are waived, except that a point of order may be made that
1 or more numbered rescissions included in the bill would enact
language containing matter not requested by the President or
not permitted under this part as part of that package. If the
Presiding Officer sustains such a point of order, the numbered
rescission or rescissions that would enact such language are
deemed to be automatically stripped from the bill and
consideration proceeds on the bill as modified.
``(3) Previous question.--The previous question shall be
considered as ordered on the bill to its passage without
intervening motion, except that 4 hours of debate equally
divided and controlled by a proponent and an opponent are
allowed, as well as 1 motion to further limit debate on the
bill.
``(4) Motion to reconsider.--A motion to reconsider the
vote on passage of the bill shall not be in order.
``(f) Senate Consideration.--
``(1) Referral.--If the House of Representatives approves a
House bill enacting a package of rescissions, that bill as
passed by the House shall be sent to the Senate and referred to
the Senate committee of jurisdiction.
``(2) Committee action.--The committee of jurisdiction
shall report without amendment the bill referred to it under
this subsection not later than 3 days of session of the Senate
after the referral. The committee may order the bill reported
favorably, unfavorably, or without recommendation.
``(3) Discharge.--If the committee has not reported the
bill by the end of the 3-day period, the committee shall be
automatically discharged from further consideration of the bill
and it shall be placed on the appropriate calendar.
``(4) Motion to proceed.--On the following day and for 3
subsequent calendar days in which the Senate is in session, it
shall be in order for any Senator to move to proceed to
consider the bill in the Senate. Upon such a motion being made,
it shall be deemed to have been agreed to and the motion to
reconsider shall be deemed to have been laid on the table.
``(5) Debate.--Debate on the bill in the Senate under this
subsection, and all debatable motions and appeals in connection
therewith, shall not exceed 10 hours, equally divided and
controlled in the usual form. Debate in the Senate on any
debatable motion or appeal in connection with such a bill shall
be limited to not more than 1 hour, to be equally divided and
controlled in the usual form. A motion to further limit debate
on such a bill is not debatable.
``(6) Motions not in order.--A motion to amend such a bill
or strike a provision from it is not in order. A motion to
recommit such a bill is not in order.
``(g) Senate Point of Order.--It shall not be in order under this
part for the Senate to consider a bill approved by the House enacting a
package of rescissions under this part if any numbered rescission in
the bill would enact matter not requested by the President or not
permitted under this Act as part of that package. If a point of order
under this subsection is sustained, the bill may not be considered
under this part.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--Section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by striking the matter
for part C of title X and inserting the following:
``PART C--Expedited Consideration of Proposed Rescissions
``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.
(b) Temporary Withholding.--Section 1013(c) of the Impoundment
Control Act of 1974 is amended by striking ``section 1012'' and
inserting ``section 1012 or section 1025''.
(c) Rulemaking.--
(1) 904(a).--Section 904(a) of the Congressional Budget Act
of 1974 is amended by striking ``and 1017'' and inserting
``1017, and 1026''.
(2) 904(d)(1).--Section 904(d)(1) of the Congressional
Budget Act of 1974 is amended by striking ``1017'' and
inserting ``1017 or 1026''.
SEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.
(a) In General.--Part A of the Impoundment Control Act of 1974 is
amended by inserting at the end the following:
``SEC. 1002. SEVERABILITY.
``If the judicial branch of the United States finally determines
that 1 or more of the provisions of parts B or C violate the
Constitution of the United States, the remaining provisions of those
parts shall continue in effect.''.
(b) Table of Contents.--Section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by inserting at the end
of the matter for part A of title X the following:
``Sec. 1002. Severability.''.
SEC. 5. EXPIRATION.
Part C of the Impoundment Control Act of 1974 (as amended by this
Act) shall expire on December 31, 2014. | Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act.
Prescribes requirements for timing and packaging of rescission requests.
Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission.
Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding.
Sets forth procedures for expedited congressional consideration of proposed rescissions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Development
Corporation Feasibility Study Act of 2004''.
SEC. 2. FEASIBILITY STUDY.
Section 4(b) of the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Tribal development corporation feasibility study.--
``(A) In general.--The Secretary shall establish
the Tribal Development Corporation Feasibility Study
Group (referred to in this paragraph as the `Group').
``(B) Members.--The Group shall be comprised of 12
members, as follows:
``(i) Representatives of indian tribes.--
Five members of the Group shall be
representatives of federally recognized Indian
tribes.
``(ii) Representatives of the alaska native
community.--Three members of the Group shall be
representatives of the Alaska Native Community.
``(iii) Representative of the native
hawaiian community.--One member of the Group
shall be a representative of the Native
Hawaiian Community.
``(iv) Representative of the private
sector.--Two members of the Group shall be
representatives of nongovernmental economic
activities carried out by private enterprises
in the private sector.
``(v) Federal officials.--One member of the
Group shall be a representative of the
Department of the Treasury with demonstrated
experience in international economic
development and international financial
institutions.
``(C) Chairperson.--The members of the Group shall
select a Chairperson.
``(D) Personnel and services.--
``(i) In general.--The Chairperson of the
Group may appoint and terminate such personnel
as are necessary to enable the Group to perform
its duties.
``(ii) Procurement of services.--The
Chairperson may procure such services as are
necessary to enable the Group to perform the
duties of the Group.
``(E) Study.--
``(i) In general.--Not later than 270 days
after the date of enactment of this
subparagraph, the Group shall--
``(I) conduct a study to determine
the feasibility of establishing an
Indian Tribal Development Corporation
(referred to in this subparagraph as
the `Corporation'); and
``(II) submit to the Committee on
Indian Affairs and the Committee on
Appropriations of the Senate and the
Committee on Resources and the
Committee on Appropriations of the
House of Representatives a report that
describes the results of the study and
any recommendations of the Group for
further legislative action.
``(ii) Contents.--The report shall
contain--
``(I) a discussion and
determination of the financial
feasibility of the Corporation,
including whether the Corporation can
be, over the long term, financially
self-sustainable;
``(II) a discussion and
determination of the probable economic
impact of the Corporation, including a
demonstration of the quantitative and
qualitative economic impact on Native
American communities;
``(III) a discussion and
determination of the best alternatives
in the structure, organization, and
lending terms and conditions of the
Corporation, including the most
appropriate structure of capital
contributions to best serve, and be
acceptable to, Native interests;
``(IV) a discussion and
determination of the basic terms and
conditions under which funding would be
provided to member Indian tribes;
``(V) a discussion of nonfinancial
and advisory activities to be
undertaken by the Corporation,
including the use of diagnostic studies
by the Corporation to--
``(aa) identify tribal,
Federal, or State policies and
legal and regulatory conditions
and infrastructure deficiencies
that impede investment, both
private and public, needed to
promote economic development;
``(bb) provide specific
recommendations for remedial
actions that can be undertaken
by an Indian tribe to overcome
such inhibitors of investment;
and
``(cc) identify and
establish the terms for pre-
appraisal studies of investment
opportunities, both private and
public, that can be developed
and promoted by an Indian
tribe; and
``(VI) a discussion and
determination of--
``(aa) the capital
structure of the Corporation,
including the optimal level of
initial capital contributions
by both Indian tribes and the
United States Government; and
``(bb) the financial
instruments that will be
required by the Corporation to
ensure its success.
``(F) Termination of study group.--The Group shall
terminate 120 days after the date on which the Group
submits the report under subparagraph (E).
``(G) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $3,000,000 for fiscal year 2005; and
``(ii) $2,000,000 for fiscal year 2006.''.
Passed the Senate November 19, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inflammatory Bowel Disease Research
and Awareness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Crohn's disease and ulcerative colitis are serious
inflammatory diseases of the gastrointestinal tract.
(2) Crohn's disease may occur in any section of the
gastrointestinal tract but is predominately found in the lower
part of the small intestine and the large intestine. Ulcerative
colitis is characterized by inflammation and ulceration of the
innermost lining of the colon. Complete removal of the colon in
patients with ulcerative colitis can potentially alleviate and
cure symptoms.
(3) Because Crohn's disease and ulcerative colitis behave
similarly, they are collectively known as inflammatory bowel
disease. Both diseases present a variety of symptoms, including
severe diarrhea, abdominal pain with cramps, fever, arthritic
joint pain, inflammation of the eye, and rectal bleeding. There
is no known cause of inflammatory bowel disease, or medical
cure.
(4) It is estimated that up to 1,400,000 people in the
United States suffer from inflammatory bowel disease, 30
percent of whom are diagnosed during their childhood years.
(5) Children with inflammatory bowel disease miss school
activities because of bloody diarrhea and abdominal pain, and
many adults who had onset of inflammatory bowel disease as
children had delayed puberty and impaired growth and have never
reached their full genetic growth potential.
(6) Inflammatory bowel disease patients are at high risk
for developing colorectal cancer.
(7) The total annual medical costs for inflammatory bowel
disease patients are estimated at more than $2,000,000,000.
(8) The average time from presentation of symptoms to
diagnosis in children is 3 years.
(9) Delayed diagnosis of inflammatory bowel disease
frequently results in more-active disease associated with
increased morbidity and complications.
(10) Congress has appropriated $3,480,000 from fiscal year
2005 to fiscal year 2009 for epidemiology research on
inflammatory bowel disease through the Centers for Disease
Control and Prevention.
(11) The National Institutes of Health National Commission
on Digestive Diseases issued comprehensive research goals
related to inflammatory bowel disease in its April 2009 report
to Congress and the American public entitled; ``Opportunities
and Challenges in Digestive Diseases Research: Recommendations
of the National Commission on Digestive Diseases''.
SEC. 3. ENHANCING PUBLIC HEALTH ACTIVITIES ON INFLAMMATORY BOWEL
DISEASE AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 320A the following:
``SEC. 320B. INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY PROGRAM.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall conduct, support
and expand existing epidemiology research on inflammatory bowel disease
in both pediatric and adult populations.
``(b) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may award grants to, and
enter into contracts and cooperative agreements with, a patient or
medical organization with expertise in conducting inflammatory bowel
disease research to develop and administer the epidemiology program.
``(c) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Centers for Disease Control and
Prevention to support a pediatric inflammatory bowel disease patient
registry.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $1,500,000 for each of the
fiscal years 2010 through 2014.
``SEC. 320C. INCREASING PUBLIC AWARENESS OF INFLAMMATORY BOWEL DISEASE
AND IMPROVING HEALTH PROFESSIONAL EDUCATION.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award grants to
eligible entities for the purpose of increasing awareness of
inflammatory bowel disease among the general public and health care
providers.
``(b) Use of Funds.--An eligible entity shall use grant funds under
this section to develop educational materials and conduct awareness
programs focused on the following subjects:
``(1) Crohn's disease and ulcerative colitis, and their
symptoms.
``(2) Testing required for appropriate diagnosis, and the
importance of accurate and early diagnosis.
``(3) Key differences between pediatric and adult disease.
``(4) Specific physical and psychosocial issues impacting
pediatric patients, including stunted growth, malnutrition,
delayed puberty, and depression.
``(5) Treatment options for both adult and pediatric
patients.
``(6) The importance of identifying aggressive disease in
children at an early stage in order to implement the most
effective treatment protocol.
``(7) Complications of inflammatory bowel disease and
related secondary conditions, including colorectal cancer.
``(8) Federal and private information resources for
patients and physicians.
``(9) Incidence and prevalence data on pediatric and adult
inflammatory bowel disease.
``(c) Eligible Entity.--For purposes of this section, the term
`eligible entity' means a patient or medical organization with
experience in serving adults and children with inflammatory bowel
disease.
``(d) Report to Congress.--Not later than September 30, 2010, the
Secretary shall submit to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Appropriations of the
House of Representatives and the Senate, a report regarding the status
of activities carried out under this section.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated such sums as
may be necessary for each of fiscal years 2010 through 2014.''.
SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH ON INFLAMMATORY BOWEL DISEASE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health and
the Director of the National Institute of Diabetes and
Digestive and Kidney Diseases (in this section referred to as
the Institute), should aggressively support basic,
translational, and clinical research designed to meet the
research goals for inflammatory bowel disease included in the
National Institutes of Health National Commission on Digestive
Diseases report entitled ``Opportunities and Challenges in
Digestive Diseases Research: Recommendations of the National
Commission on Digestive Diseases'', which shall include--
(A) establishing an objective basis for determining
clinical diagnosis, detailed phenotype, and disease
activity in inflammatory bowel disease;
(B) developing an individualized approach to
inflammatory bowel disease risk evaluation and
management based on genetic susceptibility;
(C) modulating the intestinal microflora to prevent
or control inflammatory bowel disease;
(D) effectively modulating the mucosal immune
system to prevent or ameliorate inflammatory bowel
disease;
(E) sustaining the health of the mucosal surface;
(F) promoting regeneration and repair of injury in
inflammatory bowel disease;
(G) providing effective tools for clinical
evaluation and intervention in inflammatory bowel
disease; and
(H) ameliorating or preventing adverse effects of
inflammatory bowel disease on growth and development in
children and adolescents;
(2) the Institute should support the training of qualified
health professionals in biomedical research focused on
inflammatory bowel disease, including pediatric investigators;
and
(3) the Institute should continue its strong collaboration
with medical and patient organizations concerned with
inflammatory bowel disease and seek opportunities to promote
research identified in the scientific agendas ``Challenges in
Inflammatory Bowel Disease Research'' (Crohn's and Colitis
Foundation of America) and ``Chronic Inflammatory Bowel
Disease'' (North American Society for Pediatric
Gastroenterology, Hepatology and Nutrition).
(b) Biennial Reports.--As part of the biennial report submitted
under section 403 of the Public Health Service Act (42 U.S.C. 283), the
Secretary of Health and Human Services shall include information on the
status of inflammatory bowel disease research at the National
Institutes of Health. | Inflammatory Bowel Disease Research and Awareness Act - Amends the Public Health Service Act to: (1) require the Centers for Disease Control and Prevention (CDC) to conduct, support, and expand existing epidemiology research on inflammatory bowel disease (i.e., Crohn's disease and ulcerative colitis) in both pediatric and adult populations; (2) authorize the CDC to award grants and enter into cooperative agreements to develop and administer such epidemiology research; and (3) direct the CDC to award grants to increase awareness of inflammatory bowel disease among the general public and health care providers.
Expresses the sense of Congress that the Directors of the National Institutes of Health (NIH) and the National Institute of Diabetes and Digestive and Kidney Diseases should support specified research and training goals for inflammatory bowel diseases. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Accountability Act of
2013''.
SEC. 2. SEMIANNUAL REPORTS TO CONGRESS ON COST OF CERTAIN TRAVEL.
(a) In General.--Subchapter I of chapter 5 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 518. Semiannual reports to Congress on cost of certain travel
``(a) Semiannual Reports.--Not later than June 30, 2014, and not
later than 60 days after each 180-day period thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Veterans' Affairs of the Senate a
semiannual report on covered travel made during the 180-day period
covered by the report.
``(b) Matters Included.--Each report under subsection (a) shall
include the following:
``(1) With respect to each instance of covered travel made
during the period covered by the report--
``(A) the purpose of such travel;
``(B) the destination;
``(C) the name and title of each employee included
on such travel;
``(D) the duration of such travel;
``(E) the total cost to the Department of such
travel; and
``(F) with respect to covered travel described in
subsection (d)(2), the identity of the person or entity
that paid or reimbursed for such travel.
``(2) The final costs to the Department with respect to all
covered travel made during the period covered by the report,
including costs relating to--
``(A) transportation, including fares for travel by
air, rail, bus, ferry, cruise ship, taxi, mass transit,
or other mode of transportation;
``(B) expenses or reimbursements relating to
operating and maintaining a car, including the costs of
fuel and mileage;
``(C) passport and visa fees;
``(D) lodging;
``(E) per diem payments;
``(F) baggage charges;
``(G) computer rental fees;
``(H) rental of halls, auditoriums, or other
spaces;
``(I) entertainment;
``(J) contractors;
``(K) registration fees; and
``(L) promotional items.
``(c) Duplicative Information.--Each report under subsection (a)
shall include the information described in subsection (b) regardless of
whether such information is also included in a report under section 517
of this title.
``(d) Covered Travel Defined.--In this section, the term `covered
travel' means travel made by an employee of the Department of Veterans
Affairs, including an employee who is stationed in a foreign country,
on official business to any of the following locations:
``(1) If the Department or other element of the Federal
Government pays for such travel, a location outside of--
``(A) the several States;
``(B) the District of Columbia;
``(C) a territory, commonwealth, or possession of
the United States;
``(D) Indian lands (as defined in section 4(4) of
the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)));
or
``(E) the territorial waters of the United States.
``(2) If any person or entity other than the Federal
Government pays (or reimburses) for such travel, any location,
regardless of whether the location is inside or outside of the
United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
517 the following new item:
``518. Semiannual reports to Congress on cost of certain travel.''.
SEC. 3. REPORT OF INFECTIOUS DISEASE AT MEDICAL FACILITIES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 7311 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(f)(1) The Secretary shall report to the appropriate entity each
case of a notifiable infectious disease or condition that is diagnosed
at a medical facility of the Department of Veterans Affairs in
accordance with the laws of the State in which the facility is located.
``(2) In addition to reporting each case of a notifiable infectious
disease or condition at a medical facility of the Department pursuant
to paragraph (1), the Secretary shall report each such case that is
classified as a health-care-associated infection sentinel event to the
accrediting organization of such facility.
``(3)(A) If the Secretary fails to report a case of a notifiable
infectious disease or condition at a medical facility of the Department
in accordance with State law pursuant to paragraph (1), the Secretary
shall--
``(i) take any remedial action required under the laws of
the State to correct such failure; and
``(ii) if the Secretary does not correct such failure
pursuant to clause (i), pay to the State an amount equal to the
amount that a medical facility not owned by the Federal
Government that is located in the same State would pay as a
penalty to such State for such failure.
``(B) The State may file a civil action against the Secretary in
the United States district court for the district in which the medical
facility is located to recover from the United States the amount
described in subparagraph (A)(ii).
``(C) A civil action under subparagraph (B) may not be commenced
later than two years after the cause of action accrues.
``(4)(A) In any case in which the Inspector General of the
Department suspects that a director of a Veterans Integrated Service
Network has failed to comply with an applicable provision of this
subsection, the Inspector General shall conduct an investigation to
determine whether such director failed to comply with an applicable
provision of this section.
``(B) If the Inspector General determines under subparagraph (A)
that a director has failed to comply with a provision of this
subsection, the Secretary shall suspend such director for such period
as the Secretary considers appropriate under subchapter I or subchapter
II of chapter 75 of title 5, as the case may be. In addition to such
suspension, the Secretary may impose such other administrative
disciplinary action on the director as the Secretary considers
appropriate and for which the Secretary is otherwise authorized.
``(5) The Secretary shall--
``(A) maintain records of each notifiable infectious
disease or condition reported pursuant to paragraph (1); and
``(B) submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a notification of each
such notifiable infectious disease or condition.
``(6) In this subsection, the term `notifiable infectious disease
or condition' means any infectious disease or condition that is--
``(A) on the list of nationally notifiable diseases or
conditions published by the Council of State and Territorial
Epidemiologists and the Centers for Disease Control and
Prevention; or
``(B) covered by a provision of law of a State that
requires the reporting of infectious diseases or conditions.''.
(b) Effective Date.--The reporting requirement under section
7311(f) of title 38, United States Code, as added by subsection (a),
shall apply with respect to a case of a notifiable infectious disease
or condition diagnosed at a medical facility of the Department of
Veterans Affairs on or after the date that is 60 days after the date of
the enactment of this Act.
SEC. 4. PROHIBITION OF VISUAL RECORDING WITHOUT INFORMED CONSENT.
Section 7331 of title 38, United States Code, is amended--
(1) by striking ``The Secretary, upon'' and inserting ``(a)
In General.--The Secretary, upon''; and
(2) by adding at the end the following new subsection:
``(b) Visual Recording.--(1) The Secretary shall prescribe
regulations establishing procedures to ensure that, except as provided
by paragraph (2), any visual recording made by the Secretary of a
patient during the course of furnishing care under this title is
carried out only with the full and informed consent of the patient or,
in appropriate cases, a representative thereof.
``(2) The Secretary may waive the requirement for informed consent
under paragraph (1) with respect to the visual recording of a patient
if such recording is made--
``(A) pursuant to a determination by a physician or
psychologist that such recording is medically necessary or
necessary for the safety of the patient;
``(B) pursuant to a warrant or order of a court of
competent jurisdiction; or
``(C) in a public setting where a person would not have a
reasonable expectation to privacy, such as a waiting room or
hallway, and such recording is for general security purposes
not particularized to the patient.
``(3) In this subsection, the term `visual recording' means the
recording or transmission of images or video, but does not include--
``(A) medical imaging, including such imaging produced by
radiographic procedures, nuclear medicine, endoscopy,
ultrasound, or other similar procedures; or
``(B) images, video, and other clinical information
transmitted for the purposes of providing treatment through
telehealth and telemedicine technologies.''.
Amend the title so as to read: ``A bill to amend title 38,
United States Code, to direct the Secretary of Veterans Affairs
to submit to Congress semiannual reports on the cost of certain
travel made by employees of the Department of Veterans Affairs,
and for other purposes.''. | Veterans Accountability Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report semiannually to the congressional veterans committees on covered travel made by VA employees while on official business. Defines covered travel as travel: (1) outside the United States or its territories, possessions, or territorial waters, if paid for by the VA or another element of the government; or (2) to any location, if paid for by any person or entity other than the government. Requires each report to include the name of each employee and the destination, purpose, duration, total cost, and identity of a payor other than the government. Directs the Secretary to report each case of reportable infectious disease or condition (a disease or condition that a state requires to be reported) that occurs at a VA medical facility to the appropriate state entity and to report to the accrediting organization of such facility each case classified as a health-care-associated infection sentinel event. Requires the Secretary, upon a failure to report, to pay to a state the same penalty that a non-federal facility of such state would pay for a failure to report. Allows a state to file a civil action against the VA for the recovery of such amount. Requires the VA Inspector General to investigate and suspend and impose other appropriate administrative disciplinary action against a director of a Veterans Integrated Service Network who has failed to comply with such requirement. Directs the Secretary to prescribe regulations to ensure that any visual recording made by the Secretary of a patient during the course of furnishing care through the VA is carried out only with the full and informed consent of that patient. Allows the Secretary to waive such requirement if the recording is made: (1) upon a determination by a physician or psychologist that the recording is medically necessary or necessary for the patient's safety, (2) pursuant to a warrant or order of a court of competent jurisdiction, or (3) in a public setting where a person would not have a reasonable expectation to privacy (such as a waiting room or hallway) and the recording is for general security purposes not particularized to the patient. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workers' Political Rights Act''.
SEC. 2. LIMITATION ON CONTRIBUTIONS AND EXPENDITURES BY LABOR
ORGANIZATIONS.
(a) Contributions to All Political Committees Included.--Paragraph
(2) of section 316(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b(b)(2)) is amended by inserting ``political committee,''
after ``campaign committee,''.
(b) Applicability of Requirements to Labor Organizations.--Section
316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b))
is amended by adding at the end thereof the following new paragraph:
``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not
apply to a labor organization unless the organization meets the
requirements of subparagraphs (B), (C), and (D).
``(B) The requirements of this subparagraph are met only if the
labor organization provides, at least once annually, to all employees
within the labor organization's bargaining unit or units (and to new
employees within 30 days after commencement of their employment)
written notification presented in a manner to inform any such
employee--
``(i) that an employee cannot be obligated to pay, through
union dues or any other mandatory payment to a labor
organization, for the political activities of the labor
organization, including, but not limited to, the maintenance
and operation of, or solicitation of contributions to, a
political committee, political communications to members, and
voter registration and get-out-the-vote campaigns;
``(ii) that no employee may be required actually to join
any labor organization, but if a collective bargaining
agreement covering an employee purports to require membership
or payment of dues or other fees to a labor organization as a
condition of employment, the employee may elect instead to pay
an agency fee to the labor organization;
``(iii) that the amount of the agency fee shall be limited
to the employee's pro rata share of the cost of the labor
organization's exclusive representation services to the
employee's collective bargaining unit, including collective
bargaining, contract administration, and grievance adjustment;
``(iv) that an employee who elects to be a full member of
the labor organization and pay membership dues is entitled to a
reduction of those dues by the employee's pro rata share of the
total spending by the labor organization for political
activities;
``(v) that the cost of the labor organization's exclusive
representation services, and the amount of spending by such
organization for political activities, shall be computed on the
basis of such cost and spending for the immediately preceding
fiscal year of such organization; and
``(vi) of the amount of the labor organization's full
membership dues, initiation fees, and assessments for the
current year; the amount of the reduced membership dues,
subtracting the employee's pro rata share of the organization's
spending for political activities, for the current year; and
the amount of the agency fee for the current year.
``(C) The requirements of this subparagraph are met only if the
labor organization provides all represented employees an annual
examination by an independent certified public accountant of financial
statements supplied by such organization which attests that the
expenditures which the union claimed it made for certain expenses were
actually made for those expenses. Such examination shall be conducted
in accordance with generally accepted auditing standards.
``(D) The requirements of this subparagraph are met only if the
labor organization--
``(i) maintains procedures to promptly determine the costs
that may properly be charged to agency fee payors as costs of
exclusive representation, and explains such procedures in the
written notification required under subparagraph (B); and
``(ii) if any person challenges the costs which may be
properly charged as costs of exclusive representation--
``(I) provides a mutually selected impartial
decisionmaker to hear and decide such challenge
pursuant to rules of discovery and evidence and subject
to de novo review by the National Labor Relations Board
or an applicable court; and
``(II) places in escrow amounts reasonably in
dispute pending the outcome of the challenge.
``(E)(i) A labor organization that does not satisfy the
requirements of subparagraphs (B), (C), and (D) shall finance any
expenditures specified in subparagraphs (A), (B), or (C) of paragraph
(2) only with funds legally collected under this Act for its separate
segregated fund.
``(ii) For purposes of this paragraph, subparagraph (A) of
paragraph (2) shall apply only with respect to communications expressly
advocating the election or defeat of any clearly identified candidate
for elective public office.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to contributions and
expenditures made after the date of the enactment of this Act. | Workers' Political Rights Act - Amends the Federal Election Campaign Act of 1971 to permit a labor organization to make political communications and establish and solicit contributions for a separate segregated political fund if it provides the employees it represents with written notification of specified information. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Affordability for Teachers
and Public Safety Officers Act of 2005''.
SEC. 2. PILOT PROGRAM FOR REDUCED FHA DOWNPAYMENT REQUIREMENTS FOR
LOANS FOR TEACHERS AND PUBLIC SAFETY OFFICERS.
(a) In General.--Section 203(b) of the National Housing Act (12
U.S.C. 1709(b)) is amended by adding at the end the following new
paragraph:
``(10) Reduced downpayment requirements for teachers and
public safety officers.--
``(A) In general.--Notwithstanding paragraph (2),
in the case of a mortgage described in subparagraph
(B)--
``(i) the mortgage shall involve a
principal obligation in an amount that does not
exceed the sum of 99 percent of the appraised
value of the property and the total amount of
initial service charges, appraisal, inspection,
and other fees (as the Secretary shall approve)
paid in connection with the mortgage;
``(ii) no other provision of this
subsection limiting the principal obligation of
the mortgage based upon a percentage of the
appraised value of the property subject to the
mortgage shall apply; and
``(iii) the matter in paragraph (9) that
precedes the first proviso shall not apply and
the mortgage shall be executed by a mortgagor
who shall have paid on account of the property
at least 1 percent of the cost of acquisition
(as determined by the Secretary) in cash or its
equivalent.
``(B) Mortgages covered.--A mortgage described in
this subparagraph is a mortgage--
``(i) under which the mortgagor is an
individual who--
``(I) is (aa) a teacher, or (bb) a
public safety officer; and
``(II) has not, during the 12-month
period ending upon the insurance of the
mortgage, had any present ownership
interest in a principal residence
located in the jurisdiction described
in clause (ii); and
``(ii) made for a property that is located
within the jurisdiction of--
``(I) in the case of a mortgage of
a mortgagor described in clause
(i)(I)(aa), the local educational
agency for the school in which the
mortgagor is employed (or, in the case
of a mortgagor employed in a private
school, the local educational agency
having jurisdiction for the area in
which the private school is located);
or
``(II) in the case of a mortgage of
a mortgagor described in clause
(i)(I)(bb), the jurisdiction served by
the public law enforcement agency,
firefighting agency, or rescue or
ambulance agency that employs the
mortgagor.
``(C) Program integrity.--Notwithstanding any other
provision of this paragraph and section 203(c)(3), the
Secretary may suspend the applicability of this
paragraph and such section for such period as the
Secretary considers appropriate if the Secretary
determines such suspension is necessary because of
fraud or other issues regarding program integrity.
``(D) Pilot program limitations.--
``(i) Annual.--In any fiscal year, the
aggregate number of mortgages insured under
this paragraph may not exceed 10 percent of the
aggregate number of mortgages and loans insured
by the Secretary under this title during the
preceding fiscal year.
``(ii) Term of program.--The aggregate
number or mortgages insured under this
paragraph may not exceed 50,000.''.
(b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of
the National Housing Act (12 U.S.C. 1709(c)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Notwithstanding'' and inserting ``Except as
provided in paragraph (3) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(3) Deferral and reduction of up-front premium.--In the
case of any mortgage described in subsection (b)(10)(B)--
``(A) paragraph (2)(A) of this subsection (relating
to collection of up-front premium payments) shall not
apply; and
``(B) if, at any time during the 5-year period
beginning on the date of the insurance of the mortgage,
the mortgagor ceases to be a teacher or public safety
officer (as such terms are defined in section 201) or
pays the principal obligation of the mortgage in full,
the Secretary shall at such time collect a single
premium payment in an amount equal to the amount of the
single premium payment that, but for this paragraph,
would have been required under paragraph (2)(A) of this
subsection with respect to the mortgage, as reduced by
20 percent of such amount for each successive 12-month
period completed during such 5-year period before such
cessation or prepayment occurs.''.
(c) Definitions.--Section 201 of the National Housing Act (12
U.S.C. 1707) is amended--
(1) in subsection (a), by redesignating clauses (1) and (2)
as clauses (A) and (B), respectively;
(2) by redesignating subsections (a) through (f) as
paragraphs (1) through (6), respectively;
(3) by realigning each such paragraph 2 ems from the left
margin; and
(4) by adding at the end the following new paragraphs:
``(7) The term `public safety officer' has the meaning
given such term in section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b).
``(8) The term `teacher' means an individual who is
employed on a part- or full-time basis as a teacher, teacher
assistant, or administrator in a public or private school that
provides elementary or secondary education, as determined under
State law, except that elementary education shall include pre-
Kindergarten education, and except that secondary education
shall not include any education beyond grade 12.
``(9) The term `local educational agency' has the meaning
given such term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).''.
(d) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall issue regulations to
implement the amendments made by this section.
SEC. 3. PILOT PROGRAM FOR PUBLIC SAFETY OFFICER HOME OWNERSHIP IN AT-
RISK AREAS.
(a) Program Authority.--The Secretary of Housing and Urban
Development shall carry out a pilot program in accordance with this
section to assist Federal, State, and local public safety officers
purchasing homes in locally-designated at-risk areas.
(b) Eligibility.--To be eligible for assistance under this section,
a public safety officer shall agree, in writing, to use the residence
purchased with such assistance as the primary residence of the public
safety officer for not less than 3 years after the date of purchase.
(c) Mortgage Assistance.--If a public safety officer purchases a
home in locally-designated at-risk area and finances such purchase
through a mortgage insured under title II of the National Housing Act
(12 U.S.C. 1707 et seq.), notwithstanding any provision of section 203
or any other provision of the National Housing Act, the following shall
apply:
(1) Downpayment.--
(A) In general.--There shall be no downpayment
required if the purchase price of the property is not
more than the reasonable value of the property, as
determined by the Secretary.
(B) Purchase price exceeds value.--If the purchase
price of the property exceeds the reasonable value of
the property, as determined by the Secretary, the
required downpayment shall be the difference between
such reasonable value and the purchase price.
(2) Closing costs.--The closing costs and origination fee
for such mortgage may be included in the loan amount.
(3) Insurance premium payment.--There shall be one
insurance premium payment due on the mortgage. Such insurance
premium payment--
(A) shall be equal to 1 percent of the loan amount;
(B) shall be due and considered earned by the
Secretary at the time of the loan closing; and
(C) may be included in the loan amount and paid
from the loan proceeds.
(d) Local Designation of at-Risk Areas.--
(1) Criteria.--Any unit of local government may request
that the Secretary designate any area within the jurisdiction
of that unit of local government as a locally-designated at-
risk area for purposes of this section if the proposed area--
(A) has a crime rate that is significantly higher
than the crime rate of the non-designated area that is
within the jurisdiction of the unit of local
government; and
(B) has a population that is not more than 25
percent of the total population of area within the
jurisdiction of the unit of local government.
(2) Deadline for consideration of request.--Not later than
60 days after receiving a request under paragraph (1), the
Secretary shall approve or disapprove the request.
(e) Public Safety Officer.--For purposes of this section, the term
``public safety officer'' has the meaning given such term in section
201 of the National Housing Act (12 U.S.C. 1707) (as amended by section
2(c) of this Act).
(f) Program Integrity.--Notwithstanding any other provision of this
section, the Secretary may suspend the applicability of this section
for such period as the Secretary considers appropriate if the Secretary
determines such suspension is necessary because of fraud or other
issues regarding program integrity.
(g) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall issue regulations to
implement the provisions of this section.
(h) Sunset.--The Secretary shall not approve any application for
assistance under this section that is received by the Secretary after
the expiration of the 3-year period beginning on the date that the
Secretary first makes available assistance under the pilot program
under this section. | Housing Affordability for Teachers and Public Safety Officers Act of 2005 - Amends the National Housing Act to provide for one percent downpayments (and deferral and reduction of up-front payments) for Federal Housing Administration (FHA) mortgage loans for qualified elementary and secondary school teachers, teacher assistants, and administrators and public safety officers (as defined by the Omnibus Crime Control and Safe Streets Act of 1968) to purchase homes within the jurisdictions of their employing agencies. Authorizes program suspension for fraud or program integrity issues. Limits aggregate mortgages insured under such program to 50,000.
Directs the Secretary of Housing and Urban Development to carry out a mortgage assistance pilot program to assist federal, state, and local public safety officers purchase primary residences in locally-designated at-risk areas. Authorizes program suspension for fraud or program integrity issues. Prohibits application approvals after the expiration of the three-year period beginning on the date that the Secretary first makes program assistance available. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Liberty and Charitable
Donation Protection Act of 1997''.
SEC. 2. DEFINITIONS.
Section 548(d) of title 11, United States Code, is amended by
adding at the end the following:
``(3) In this section, the term `charitable contribution' means a
charitable contribution, as that term is defined in section 170(c) of
the Internal Revenue Code of 1986, if that contribution--
``(A) is made by a natural person; and
``(B) consists of--
``(i) a financial instrument (as that term is
defined in section 731(c)(2)(C) of the Internal Revenue
Code of 1986); or
``(ii) cash.
``(4) In this section, the term `qualified religious or charitable
entity or organization' means--
``(A) an entity described in section 170(c)(1) of the
Internal Revenue Code of 1986; or
``(B) an entity or organization described in section
170(c)(2) of the Internal Revenue Code of 1986.''.
SEC. 3. TREATMENT OF PREPETITION QUALIFIED CHARITABLE CONTRIBUTIONS.
(a) In General.--Section 548(a) of title 11, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``(1) made'' and inserting ``(A) made'';
(3) by striking ``(2)(A)'' and inserting ``(B)(i);
(4) by striking ``(B)(i)'' and inserting ``(ii)(I)'';
(5) by striking ``(ii) was'' and inserting ``(II) was'';
(6) by striking ``(iii)'' and inserting ``(III)''; and
(7) by adding at the end the following:
``(2) A transfer of a charitable contribution to a qualified
religious or charitable entity or organization shall not be considered
to be a transfer covered under paragraph (1)(B) in any case in which--
``(A) the amount of that contribution does not exceed 15
percent of the gross annual income of the debtor for the year
in which the transfer of the contribution is made; or
``(B) the contribution made by a debtor exceeded the
percentage amount of gross annual income specified in
subparagraph (A), if the transfer was consistent with the
practices of the debtor in making charitable contributions.''.
(b) Trustee as Lien Creditor and as Successor to Certain Creditors
and Purchasers.--Section 544(b) of title 11, United States Code, is
amended--
(1) by striking ``(b) The trustee'' and inserting ``(b)(1)
Except as provided in paragraph (2), the trustee''; and
(2) by adding at the end the following:
``(2) Paragraph (1) shall not apply to a transfer of a charitable
contribution (as that term is defined in section 548(d)(3)) that is not
covered under section 548(a)(1)(B), by reason of section 548(a)(2).''.
(c) Conforming Amendments.--Section 546 of title 11, United States
Code, is amended--
(1) in subsection (e)--
(A) by striking ``548(a)(2)'' and inserting
``548(a)(1)(B)''; and
(B) by striking ``548(a)(1)'' and inserting
``548(a)(1)(A)'';
(2) in subsection (f)--
(A) by striking ``548(a)(2)'' and inserting
``548(a)(1)(B)''; and
(B) by striking ``548(a)(1)'' and inserting
``548(a)(1)(A)''; and
(3) in subsection (g)--
(A) by striking ``section 548(a)(1)'' each place it
appears and inserting ``section 548(a)(1)(A)''; and
(B) by striking ``548(a)(2)'' and inserting
``548(a)(1)(B)''.
SEC. 4. TREATMENT OF POST-PETITION CHARITABLE CONTRIBUTIONS.
(a) Confirmation of Plan.--Section 1325(b)(2)(A) of title 11,
United States Code, is amended by inserting before the semicolon the
following: ``, including charitable contributions (that meet the
definition of `charitable contribution' under section 548(d)(3)) to a
qualified religious or charitable entity or organization (as that term
is defined in section 548(d)(4)) in an amount not to exceed 15 percent
of the gross income of the debtor for the year in which the
contributions are made''.
(b) Dismissal.--Section 707(b) of title 11, United States Code, is
amended by adding at the end the following: ``In making a determination
whether to dismiss a case under this section, the court may not take
into consideration whether a debtor has made, or continues to make,
charitable contributions (that meet the definition of `charitable
contribution' under section 548(d)(3)) to any qualified religious or
charitable entity or organization (as that term is defined in section
548(d)(4)).''.
SEC. 5. APPLICABILITY.
This Act and the amendments made by this Act shall apply to any
case brought under an applicable provision of title 11, United States
Code, that is pending or commenced on or after the date of enactment of
this Act.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in the amendments made by this Act is intended to limit the
applicability of the Religious Freedom Restoration Act of 1993 (42
U.S.C. 2002bb et seq.). | Religious Liberty and Charitable Donation Protection Act of 1998 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered to be fraudulent. Prohibits the trustee from avoiding such charitable contributions when acting as lien creditor and successor to certain creditors and purchasers.
Excludes from "disposable income," for purposes of bankruptcy plan confirmation, up to 15 percent of the gross income of the debtor when it is expended for such charitable contributions.
Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grow Our Own Directive: Physician
Assistant Employment and Education Act of 2015''.
SEC. 2. PILOT PROGRAM TO PROVIDE EDUCATIONAL ASSISTANCE TO PHYSICIAN
ASSISTANTS TO BE EMPLOYED AT THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Pilot Program.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to be known as the ``Grow Our Own
Directive'' or ``G.O.O.D.'' pilot program (in this section
referred to as the ``pilot program'') to provide educational
assistance to certain former members of the Armed Forces for
education and training as physician assistants of the
Department of Veterans Affairs.
(2) Information on pilot program.--The Secretary shall
provide information on the pilot program to eligible
individuals under subsection (b), including information on
application requirements and a list of entities with which the
Secretary has partnered under subsection (g).
(b) Eligible Individuals.--An individual is eligible to participate
in the pilot program if the individual--
(1) has medical or military health experience gained while
serving as a member of the Armed Forces;
(2) has received a certificate, associate degree,
baccalaureate degree, master's degree, or postbaccalaureate
training in a science relating to health care;
(3) has participated in the delivery of health care
services or related medical services, including participation
in military training relating to the identification,
evaluation, treatment, and prevention of diseases and
disorders; and
(4) does not have a degree of doctor of medicine, doctor of
osteopathy, or doctor of dentistry.
(c) Duration.--The pilot program shall be carried out during the
five-year period beginning on the date that is 180 days after the date
of the enactment of this Act.
(d) Selection.--
(1) In general.--The Secretary shall select not less than
250 eligible individuals under subsection (b) to participate in
the pilot program.
(2) Priority for selection.--In selecting individuals to
participate in the pilot program under paragraph (1), the
Secretary shall give priority to the following individuals:
(A) Individuals who participated in the
Intermediate Care Technician Pilot Program of the
Department that was carried out by the Secretary
between January 2011 and February 2015.
(B) Individuals who agree to be employed as a
physician assistant for the Veterans Health
Administration at a medical facility of the Department
located in a community that--
(i) is designated as a medically
underserved population under section
330(b)(3)(A) of the Public Health Service Act
(42 U.S.C. 254b(b)(3)(A)); and
(ii) is in a State with a per capita
population of veterans of more than 9 percent
according to the National Center for Veterans
Analysis and Statistics and the United States
Census Bureau.
(e) Educational Assistance.--
(1) In general.--In carrying out the pilot program, the
Secretary shall provide educational assistance to individuals
participating in the pilot program, including through the use
of scholarships, to cover the costs to such individuals of
obtaining a master's degree in physician assistant studies or a
similar master's degree.
(2) Use of existing programs.--In providing educational
assistance under paragraph (1), the Secretary shall use the
Department of Veterans Affairs Health Professionals Educational
Assistance Program under chapter 76 of title 38, United States
Code, and such other educational assistance programs of the
Department as the Secretary considers appropriate.
(3) Use of scholarships.--The Secretary shall provide not
less than 35 scholarships under the pilot program to
individuals participating in the pilot program during each year
in which the pilot program is carried out.
(f) Period of Obligated Service.--
(1) In general.--The Secretary shall enter into an
agreement with each individual participating in the pilot
program in which such individual agrees to be employed as a
physician assistant for the Veterans Health Administration for
a period of obligated service specified in paragraph (2).
(2) Period specified.--With respect to each individual
participating in the pilot program, the period of obligated
service specified in this paragraph for the individual is--
(A) if the individual is participating in the pilot
program through a program described in subsection
(e)(2) that specifies a period of obligated service,
the period specified with respect to such program; or
(B) if the individual is participating in the pilot
program other than through a program described in such
subsection, or if such program does not specify a
period of obligated service, a period of three years or
such other period as the Secretary considers
appropriate for purposes of the pilot program.
(g) Breach.--
(1) Liability.--Except as provided in paragraph (2), an
individual who participates in the pilot program and fails to
satisfy the period of obligated service under subsection (f)
shall be liable to the United States, in lieu of such obligated
service, for the amount that has been paid or is payable to or
on behalf of the individual under the pilot program, reduced by
the proportion that the number of days served for completion of
the period of obligated service bears to the total number of
days in the period of obligated service of such individual.
(2) Exception.--If an individual is participating in the
pilot program through a program described in subsection (e)(2)
that specifies a period of obligated service, the liability of
the individual for failing to satisfy the period of obligated
service under subsection (f) shall be determined as specified
with respect to such program.
(h) Mentors.--The Secretary shall ensure that a physician assistant
mentor or mentors are available for individuals participating in the
pilot program at each facility of the Veterans Health Administration at
which a participant in the pilot program is employed.
(i) Partnerships.--In carrying out the pilot program, the Secretary
shall seek to partner with the following:
(1) Not less than 15 institutions of higher education
that--
(A) offer a master's degree program in physician
assistant studies or a similar area of study that is
accredited by the Accreditation Review Commission on
Education for the Physician Assistant; and
(B) agree--
(i) to guarantee seats in such master's
degree program for individuals participating in
the pilot program who meet the entrance
requirements for such master's degree program;
and
(ii) to provide individuals participating
in the pilot program with information on
admissions criteria and the admissions process.
(2) Other institutions of higher education that offer
programs in physician assistant studies or other similar areas
of studies that are accredited by the Accreditation Review
Commission on Education for the Physician Assistant.
(3) The Transition Assistance Program of the Department of
Defense.
(4) The Veterans' Employment and Training Service of the
Department of Labor.
(5) Programs carried out under chapter 41 of title 38,
United State Code, for the purpose of marketing and advertising
the pilot program to veterans and members of the Armed Forces
who may be interested in the pilot program.
(j) Administration of Pilot Program.--For purposes of carrying out
the pilot program, the Secretary shall appoint or select within the
Office of Physician Assistant Services of the Veterans Health
Administration the following:
(1) A Deputy Director for Education and Career Development
of Physician Assistants who--
(A) is a physician assistant, a veteran, and
employed by the Department as of the date of the
enactment of this Act;
(B) is responsible for--
(i) overseeing the pilot program;
(ii) recruiting candidates to participate
in the pilot program;
(iii) coordinating with individuals
participating in the pilot program and
assisting those individuals in applying and
being admitted to a master's degree program
under the pilot program; and
(iv) providing information to eligible
individuals under subsection (b) with respect
to the pilot program; and
(C) may be employed in the field at a medical
center of the Department.
(2) A Deputy Director of Recruitment and Retention who--
(A) is a physician assistant, a veteran, and
employed by the Department as of the date of the
enactment of this Act;
(B) is responsible for--
(i) identifying and coordinating the needs
of the pilot program and assist the Secretary
in providing mentors under subsection (h) to
participants in the pilot program; and
(ii) coordinating the staff of facilities
of the Veterans Health Administration with
respect to identifying employment positions and
mentors under subsection (h) for participants
in the pilot program; and
(C) may be employed in the field at a medical
center of the Department.
(3) A recruiter who--
(A) reports directly to the Deputy Director of
Recruitment and Retention; and
(B) works with the Workforce Management and
Consulting Office and the Healthcare Talent Management
Office of the Veterans Health Administration to develop
and implement national recruiting strategic plans for
the recruitment and retention of physician assistants
within the Department.
(4) An administrative assistant, compensated at a rate not
less than level GS-6 of the General Schedule, or equivalent,
who assists with administrative duties relating to the pilot
program in the Office of Physician Assistant Services and such
other duties as determined by the Secretary to ensure that the
Office runs effectively and efficiently.
(k) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in collaboration with the Secretary of Labor, the Secretary of
Defense, and the Secretary of Health and Human Services, shall
submit to Congress a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The extent to which the pilot program is
effective in improving the ability of eligible
individuals under subsection (b) to become physician
assistants.
(B) An examination of whether the pilot program is
achieving the goals of--
(i) enabling individuals to build on
medical skills gained as members of the Armed
Forces by entering into the physician assistant
workforce of the Department; and
(ii) helping to meet the shortage of
physician assistants employed by the
Department.
(C) An identification of such modifications to the
pilot program as the Secretary of Veterans Affairs, the
Secretary of Labor, the Secretary of Defense, and the
Secretary of Health and Human Services consider
necessary to meet the goals described in subparagraph
(B).
(D) An assessment of whether the pilot program
could serve as a model for other programs of the
Department to assist individuals in obtaining
certification and employment in other health care
fields.
(l) Source of Amounts.--Not less than $8,000,000 of the amount
necessary to carry out the pilot program shall be derived from amounts
appropriated to the Department of Veterans Affairs before the date of
the enactment of this Act.
SEC. 3. ESTABLISHMENT OF STANDARDS FOR THE DEPARTMENT OF VETERANS
AFFAIRS FOR USING EDUCATIONAL ASSISTANCE PROGRAMS TO
EDUCATE AND HIRE PHYSICIAN ASSISTANTS.
(a) In General.--The Secretary of Veterans Affairs shall establish
standards described in subsection (b) to improve the use by the
Department of Veterans Affairs of the Department of Veterans Affairs
Health Professionals Educational Assistance Program under chapter 76 of
title 38, United States Code, and other educational assistance programs
of the Department, including the pilot program under section 2, to
educate and hire physician assistants of the Department.
(b) Standards.--The standards described in this subsection are the
following:
(1) Holding directors of medical centers of the Department
accountable for failure to use the educational assistance
programs described in subsection (a) and other incentives--
(A) to advance employees of the Department in their
education as physician assistants; and
(B) to improve recruitment and retention of
physician assistants.
(2) Ensuring that the Department of Veterans Affairs
Education Debt Reduction Program under subchapter VII of
chapter 76 of such title is available for participants in the
pilot program under section 2 to fill vacant physician
assistant positions at the Department, including by--
(A) including in all vacancy announcements for
physician assistant positions the availability of the
Education Debt Reduction Program; and
(B) informing applicants to physician assistant
positions of their eligibility for the Education Debt
Reduction Program.
(3) Monitoring compliance with the application process for
educational assistance programs described in subsection (a) to
ensure that such programs are being fully utilized to carry out
this section.
(4) Creating programs, including through the use of the
Department of Veterans Affairs Employee Incentive Scholarship
Program under subchapter VI of chapter 76 of such title, to
encourage employees of the Department to apply to accredited
physician assistant programs.
(c) Regulations.--The Secretary shall prescribe such regulations as
the Secretary considers appropriate to carry out this section.
SEC. 4. ESTABLISHMENT OF PAY GRADES FOR PHYSICIAN ASSISTANTS OF THE
DEPARTMENT OF VETERANS AFFAIRS AND REQUIREMENT TO PROVIDE
COMPETITIVE PAY.
(a) Establishment of Pay Grades.--Section 7404(b) of title 38,
United States Code, is amended by adding at the end the following:
``PHYSICIAN ASSISTANT SCHEDULE
``Physician Assistant IV.
``Physician Assistant III.
``Physician Assistant II.
``Physician Assistant I.''.
(b) Competitive Pay.--Section 7451(a)(2) of such title is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) Physician assistant.''; and
(3) in subparagraph (C), as redesignated by paragraph (1),
by striking ``and registered nurse'' and inserting ``registered
nurse, and physician assistant''.
(c) National Strategic Plan.--
(1) In general.--The Secretary of Veterans Affairs shall
implement a national strategic plan for the retention and
recruitment of physician assistants of the Department of
Veterans Affairs that includes the establishment and adoption
of standards for the provision of competitive pay to physician
assistants of the Department in comparison to the pay of
physician assistants in the private sector.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the implementation of the national strategic plan under
paragraph (1). | Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out the Grow Our Own Directive or G.O.O.D. pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as VA physician assistants. An individual is eligible to participate in the program if the individual: has medical or military health experience gained while serving in the Armed Forces; has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; has participated in the delivery of health care services or related medical services; and does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. The VA shall: provide educational assistance to program participants for the costs of obtaining a master's degree in physician assistant studies or a similar master's degree, ensure that mentors are available for program participants at each VA facility at which a participant is employed, and seek to partner with specified government programs and with appropriate educational institutions that offer degrees in physician assistant studies. The VA shall: establish specified standards to improve the education and and hiring of VA physician assistants, and implement a national plan for the retention and recruitment of VA physician assistants that includes the adoption of competitive pay standards. VA physician assistant pay grades are established. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HELP Commission Act''.
SEC. 2. PURPOSE.
The Congress finds that, despite the long-standing efforts and
resources of the United States dedicated to helping needy people around
the world, despair remains and in many areas is growing. Therefore, a
commission should be established to bring together the best minds
associated with development and humanitarian assistance to make a
comprehensive review of--
(1) policy decisions, including why certain development
projects are funded and others are not;
(2) delivery obstacles, including the roles of United
States agencies and other governmental and nongovernmental
organizations;
(3) methodology, including whether the delivery of United
States development assistance always represents best practices
and whether it can be improved; and
(4) results, including measuring improvements in human
capacity instead of in purely economic terms.
An examination of these issues should present new approaches and ideas
to ensure that United States development assistance reaches its
intended recipients.
SEC. 3. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.
(a) Establishment.--There is established the Helping Enhance the
Livelihood of People (HELP) Around the Globe Commission (in this Act
referred to as the ``Commission'').
(b) Functions.--The Commission shall--
(1) identify the past and present objectives of United
States development assistance, identify cases in which those
objectives have been met, identify the beneficiaries of such
assistance, and what percentage of the funds provided actually
reached the intended beneficiaries;
(2) identify cases in which United States development
assistance has been most successful, and analyze why such
successes have not been transferable to other countries or
areas;
(3) study ways to expand educational opportunities and
investments in people, and assess infrastructure needs;
(4) because of the difficulty in measuring results in
lesser developed countries, study whether additional resources
should be dedicated in order to bring about tangible results;
(5) analyze how the United States could place conditions on
governments in countries receiving United States development
assistance, in light of and notwithstanding the objectives of
the Millennium Challenge Account;
(6) analyze ways in which the United States can coordinate
its development assistance programs with those of other donor
countries and international organizations;
(7) analyze ways in which the safety of development
assistance workers can be ensured, particularly in the midst of
conflicts;
(8) compare the effectiveness of increased and open trade
with development assistance, and analyze the advantages and
disadvantages of such trade and whether such trade could be a
more effective alternative to United States development
assistance;
(9) analyze ways in which the United States can strengthen
the capacity of indigenous nongovernmental organizations to be
more effective in grassroots development;
(10) analyze how political pressures affect the
decisionmaking process on providing development assistance;
(11) analyze ways in which decisions on providing
development assistance can involve more of the people of the
recipient countries;
(12) analyze ways in which results can be measured if
United States development assistance is targeted to the least
developed countries;
(13) recommend standards that should be set for
``graduating'' recipient countries from United States
development assistance;
(14) analyze whether United States development assistance
should be used as a means to achieve United States foreign
policy objectives;
(15) analyze how the United States can evaluate the
performance of its development assistance programs not only
against economic indicators, but in other ways, including how
to measure the success of United States development assistance
in democratization efforts; and
(16) study any other areas that the Commission considers
necessary relating to United States development assistance.
SEC. 4. MEMBERSHIP.
(a) Appointment.--The Commission shall be composed of 21 members as
follows:
(1) Six members shall be appointed by the President, of
whom at least two shall be representatives of nongovernmental
organizations.
(2) Four members shall be appointed by the majority leader
of the Senate, and three members shall be appointed by the
minority leader of the Senate.
(3) Four members shall be appointed by the Speaker of the
House of Representatives, and three members shall be appointed
by the minority leader of the House of Representatives.
(4) The Administrator of the United States Agency for
International Development shall serve as a member of the
Commission, ex officio.
Members under paragraphs (1) through (3) shall be appointed for the
life of the Commission.
(b) Selection.--Members of the Commission shall be selected from
among individuals noted for their knowledge and experience in foreign
assistance, particularly development and humanitarian assistance.
(c) Time of Appointment.--The appointments under subsection (a)
shall be made not later than 60 days after the date of the enactment of
this Act.
(d) Chair.--The President shall designate one of the members of the
Commission from private life as the Chair of the Commission.
(e) Regional Subcommittees.--In order to facilitate the workload of
the Commission, the Commission shall divide the membership of the
Commission into three subcommittees representing the different regions
of the world to which the United States provides development
assistance, the membership of each subcommittee to be proportional to
the percentage of United States development assistance provided to the
region represented by the subcommittee. Each subcommittee shall elect
one of its members as Chair of the subcommittee.
(f) Quorum and Meetings.--
(1) Commission.--Eleven members of the Commission shall
constitute a quorum for purposes of transacting the business of
the Commission. The Commission shall meet at the call of the
Chair.
(2) Subcommittees.--A majority of the members of each
regional subcommittee shall constitute a quorum for purposes of
transacting the business of the subcommittee. Each subcommittee
shall meet at the call of the Chair of the subcommittee.
(g) Vacancies.--Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(h) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis (or, in the
discretion of the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request to carry
out this Act.
(i) Compensation.--
(1) In general.--Subject to paragraph (2), members of the
Commission shall serve without pay.
(2) Prohibition on additional compensation of federal
employees.--Members of the Commission who are full-time
officers or employees of the United States or Members of
Congress may not receive additional pay, allowances, or
benefits by reason of their service on the Commission.
(j) Travel Expenses.--Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(k) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--To the extent or in the amounts provided
in advance in appropriations Acts--
(A) the executive director shall be compensated at
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code; and
(B) the Chairman of the Commission may fix the
compensation of other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for such personnel
may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its functions under this Act, hold hearings, sit and act
at times and places in the United States and in countries which receive
United States development assistance, take testimony, and receive
evidence as the Commission considers advisable to carry out the
purposes of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission,
subject to applicable law.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Administrative Procedures.--The Commission may adopt such rules
and regulations, relating to administrative procedure, as may be
reasonably necessary to enable it to carry out the provisions of this
Act.
(e) Travel.--
(1) In general.--The Members of the Commission may, with
the approval of the Commission, conduct such travel as is
necessary to carry out the purposes of this Act. Each trip must
be approved by a majority of the Commission.
(2) Sense of congress.--It is the sense of the Congress
that members of the Commission should, in order to carry out
the functions of the Commission most effectively, travel to
countries that receive United States development assistance.
The Commission is encouraged to invite Members of Congress to
accompany members of the Commission on such travel.
(f) Staff and Services of Other Federal Agencies.--Upon the request
of the Commission, the head of any Federal department or agency may
detail, on a reimbursable or nonreimbursable basis, any of the
personnel of that department or agency to the Commission to assist it
in carrying out its functions under this Act. The detail of any such
personnel shall be without interruption or loss of civil service or
Foreign Service status or privilege.
SEC. 6. REPORT OF THE COMMISSION.
(a) In General.--Not later than 2 years after the members of the
Commission are appointed under section 4(a), the Commission shall
submit a report to the President, the Secretary of State, and the
Congress setting forth its findings and recommendations under section
3(b).
(b) Classified Form of Report.--The report may be submitted in
classified form, together with a public summary of recommendations, if
the classification of information would further the purposes of this
Act.
(c) Individual or Dissenting Views.--Each member of the Commission
may include the individual or dissenting views of the member.
SEC. 7. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 8. DEFINITION.
In this Act, the term ``United States development assistance''
means--
(1) assistance provided by the United States under chapters
1, 10, 11, and 12 of part I of the Foreign Assistance Act of
1961; and
(2) assistance provided under any other provision of law to
carry out purposes comparable to those set forth in the
provisions referred to in paragraph (1).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission such sums as may be necessary to carry out this Act.
(b) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended,
but not later than the date of termination of the Commission.
SEC. 10. TERMINATION.
The Commission shall terminate 30 days after the submission of its
report under section 6. | HELP Commission Act - Establishes the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission to: (1) identify objectives and beneficiaries of U.S. development assistance; (2) evaluate cases in which assistance has been successful; (3) study ways of expanding educational opportunities and investments in people, coordinating U.S. assistance programs with those of other countries and international organizations, ensuring the safety of development assistance workers, strengthening indigenous nongovernmental organizations in grassroots development, placing conditions on governments receiving assistance, and measuring results of targeting U.S. assistance to the least developed countries; (4) assess infrastructure needs; (5) study whether additional resources are needed for tangible results; (6) compare the effectiveness of increased and open trade with development assistance; (7) analyze how political pressures affect the assistance decision making process and how assistance decisions can involve more people of the recipient countries; (8) recommend standards for graduating recipient countries from U.S. assistance; (9) analyze whether assistance should be used to achieve foreign policy objectives; and (10) analyze how to evaluate the performance of the U.S. assistance programs, including in democratization efforts. | [
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15
] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Choice Act of 2005''.
SEC. 2. ESTABLISHMENT OF VIDEO CHOICE REGULATORY RELIEF.
The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended
by adding at the end the following new title:
``TITLE VIII--VIDEO CHOICE REGULATORY RELIEF
``SEC. 801. DEFINITIONS.
``(a) Competitive Video Services Provider.--For purposes of this
title, the term `competitive video services provider' means any
provider of video programming, interactive on-demand services, other
programming services, or any other video services, who has, pursuant to
any Federal, State, or local law, any right, permission, or authority
to establish or use lines in or across public rights-of-way, which
right, permission or authority does not rely on, and is independent of,
any cable franchise obtained pursuant to section 621.
``(b) Other Terms.--For the purposes of this title, any term used
in this title that is defined by section 602 has the meaning provided
by that section.
``SEC. 802. REGULATORY RELIEF.
``(a) Redundant Franchises Prohibited.--Notwithstanding any other
provision of this Act, no competitive video services provider may be
required, whether pursuant to section 621 or to any other provision of
Federal, State, or local law, to obtain a franchise, in order to
provide any video programming, interactive on-demand services, other
programming services, or any other video services in any geographic
area if the provider has, pursuant to any Federal, State, or local law,
any right, permission, or authority to establish lines in or across
public rights-of-way in such geographic area, which right, permission
or authority does not rely on, and is independent of, any cable
franchise obtained pursuant to section 621.
``(b) Fees.--
``(1) Fees permitted.--Any competitive video services
provider may be subject to the payment of fees to a local
franchising authority, based on the gross revenues of the
provider within the jurisdiction of such franchising authority,
subject to the limitations of paragraph (2).
``(2) Limits on fees.--In determining the fees that may be
required under paragraph (1)--
``(A) the rate at which fees are imposed shall not
exceed--
``(i) the rate at which franchise fees are
imposed on any cable operator providing cable
service in the jurisdiction of the franchising
authority, as determined in accordance with
section 622 and any related regulations; or
``(ii) in any jurisdiction in which no
cable operator provides service, no more than
the rate at which franchise fees could be
imposed rate on a cable operator in accordance
with section 622 and any related regulations;
and
``(B) the only revenues that shall be considered
are those attributable to services that would be
considered in calculating franchise fees if the
provider were deemed a cable operator for purposes of
section 622 and any related regulations.
``(3) Itemized billing permitted.--The competitive video
services provider may designate that portion of the end user's
bill attributable to the fee under this subsection as a
separate item on the bill.
``(c) Regulatory Treatment.--
``(1) Obligations and duties.--Any competitive video
services provider shall--
``(A) be subject to the retransmission consent
provisions of section 325(b);
``(B) carry, within each local franchise area, any
public, educational, or governmental use channels that
are carried by cable operators within such franchise
area, and, in any franchise area not served by a cable
operator, provide reasonable public, educational or
governmental access facilities pursuant to section 611;
``(C) carry the signals of local commercial
television stations as required by section 614;
``(D) carry the signals of local noncommercial
educational television stations as required by section
615;
``(E) not deny services to any group of potential
residential subscribers because of the income of the
residents of the local area in which such group
resides;
``(F) be entitled to the benefits and protection of
section 628;
``(G) protect the personally identifiable
information of its subscribers in the same manner as is
required of cable operators with respect to subscribers
to cable services under section 631;
``(H) comply with any consumer protection and
customer service requirements promulgated by the
Commission pursuant to section 632;
``(I) be entitled to the benefits and protection of
section 633;
``(J) be subject to the requirements of section
641;
``(K) be subject to the prohibition on buy outs of
or by the incumbent cable operator under section 652;
and
``(L) not be subject to any other provisions of
title VI of this Act.
``(2) Determinations of local signals.--For purposes of
complying with paragraphs (1) (C) and (D), a competitive video
service provider shall treat as local television stations with
respect to a customer located within the jurisdiction of any
franchising authority the same stations that are treated as
local television stations for a cable system located within
such jurisdiction.
``(d) Other Regulation Prohibited.--Except to the extent expressly
provided in this title, neither the Commission nor any State or
political subdivision thereof may regulate the rates, charges, terms,
or conditions for, entry into, exit from, deployment or provision of,
or any other aspect of the services provided by a competitive video
services provider.
``(e) State and Local Government Authority.--Except as provided in
subsection (a), nothing in this section affects the authority of a
State or local government to manage the public rights-of-way.''.
SEC. 3. REGULATION OF COMMON CARRIERS.
Section 651(a)(3) of the Communications Act of 1934 (47 U.S.C.
571(a)(3)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) if such carrier is a competitive video
services provider providing video programming pursuant
to title VIII of this Act, such carrier shall not be
subject to the requirements of this title except as
provided in title VIII.''. | Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area.
Provides for the regulatory treatment of CVSPs. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Protection and Choice
Act''.
SEC. 2. DEFERRED PRESENTMENT TRANSACTION REQUIREMENTS.
(a) In General.--Chapter 2 of the Truth in Lending Act is amended
by inserting after section 128A (15 U.S.C. 1638A) the following new
section:
``Sec. 128B. Deferred presentment transaction requirements
``(a) Prohibition on Deferred Presentment Transactions.--A deferred
presentment transaction is prohibited except as authorized by this
section.
``(b) Regulation of Deferred Presentment Transactions and Deferred
Presentment Providers.--If the Director of the Bureau determines that a
State has in effect a covered deferred presentment law, any regulations
of the Bureau with respect to deferred presentment transactions and
deferred presentment providers shall not apply in such State.
``(c) Covered Deferred Presentment Law Defined.--For purposes of
this section, the term `covered deferred presentment law' means a law
or regulation of a State that provides for the licensing of deferred
presentment providers and the regulation of deferred presentment
transactions, which may be accomplished through existing State
authority, and that meets the following requirements:
``(1) Database.--The law or regulation must establish a
database of deferred presentment transactions to assist
deferred presentment providers with complying with the
requirements of this section, which may be operated by a
private company selected by the State.
``(2) Deferred presentment provider requirements.--The law
or regulation must require a deferred presentment provider to--
``(A) be licensed by the State;
``(B) provide to the State the results of a
background check, including fingerprinting, of each
officer and principal of the deferred presentment
provider;
``(C) secure a copy of a valid State-issued form of
identification from a consumer before entering into a
deferred presentment transaction;
``(D) verify through the State deferred presentment
transaction database that a consumer entering into a
deferred presentment transaction with the deferred
presentment provider--
``(i) does not have an outstanding deferred
presentment transaction; and
``(ii) did not have an outstanding deferred
presentment transaction within the previous 24-
hour period; and
``(E) report to the State deferred presentment
transaction database operator immediately--
``(i) upon entering into a deferred
presentment transaction agreement--
``(I) the name of the consumer that
provided a check or other payment
instrument for deferred presentment;
``(II) the consumer's social
security number or employment
authorization alien number;
``(III) the consumer's address;
``(IV) the consumer's driver's
license number or identifier from other
valid State-issued form of
identification;
``(V) the amount of the deferred
presentment transaction;
``(VI) the date such deferred
presentment transaction is made and the
date on which repayment of the deferred
presentment transaction is due; and
``(VII) such other information as
the State determines appropriate; and
``(ii) upon repayment by the consumer of
the amount owed under a deferred presentment
transaction agreement or after such deferred
presentment transaction agreement is otherwise
settled, the date and time on which the amount
owed under such deferred presentment
transaction agreement is satisfied.
``(3) Deferred presentment transaction agreement
requirements.--The law or regulation must require that the
terms of a deferred presentment transaction agreement--
``(A) limit the total amount of all interest and
fees that may be charged to a consumer by a deferred
presentment provider with respect to a deferred
presentment transaction to no more than 10 percent of
the amount of such a deferred presentment transaction
and no more than a $5 processing fee;
``(B) limit the duration of the deferred
presentment transaction to a period no longer than 31
days or less than 7 days;
``(C) limit the amount of the deferred presentment
transaction to no more than $500, exclusive of allowed
fees;
``(D) be in writing;
``(E) provide that the consumer shall--
``(i) have the right to rescind any
deferred presentment transaction agreement
within the first 24 hours of the deferment
period; and
``(ii) pay any allowable processing fee
regardless of such rescission; and
``(F) include such other information as the State
determines to be appropriate.
``(4) Treatment of past-due amounts.--The law or regulation
must require that if a consumer fails to repay the amount due
pursuant to a deferred presentment transaction agreement by the
contractual repayment date, a deferred presentment provider
shall provide an additional 60-day grace period, without any
additional charge, for the consumer to repay such amount before
the deferred presentment provider may request payment for the
check or other payment instrument or pursue other civil
remedies, subject to the conditions that the grace period
will--
``(A) terminate immediately if, before the end of
the 7-day period beginning on the date of the
contractual repayment date, the consumer failed to make
an appointment to attend a course with a consumer
credit counseling agency and inform the deferred
presentment provider of such appointment; and
``(B) be deemed to have terminated at the end of
the 7-day period beginning on the date of the
contractual repayment date if, before the end of the
60-day period beginning on the date of the contractual
repayment date, the consumer failed to complete a
course with a consumer credit counseling agency and
inform the deferred presentment provider of the
completion of such course.
``(d) Compliance.--A deferred presentment transaction that complies
with the requirements of this section and applicable State law shall
not be considered to be an unfair, deceptive, or abusive act or
practice.
``(e) Effective Date.--The requirements of this section shall take
effect on the date that is 24 months after the date of the enactment of
this section.
``(f) Definitions.--For purposes of this section:
``(1) Deferment period.--The term `deferment period' means
the number of days a deferred presentment provider agrees to
wait before depositing, presenting, or redeeming a consumer's
check or other payment instrument under a deferred presentment
transaction agreement.
``(2) Deferred presentment provider.--The term `deferred
presentment provider' means a person who holds a license to be
a deferred presentment provider in the State in which a
deferred presentment transaction agreement is entered into and
who provides currency or other payment instrument to a consumer
as part of a deferred presentment transaction.
``(3) Deferred presentment transaction.--The term `deferred
presentment transaction' means a transaction in which currency
or other payment instrument is provided to a consumer in
exchange for a consumer's check or other payment instrument and
an agreement that such consumer's check or other payment
instrument shall be held for a deferment period prior to
presentment, deposit, or redemption.
``(4) Deferred presentment transaction agreement.--The term
`deferred presentment transaction agreement' means the
underlying agreement establishing a deferred presentment
transaction.
``(5) Other payment instrument.--The term `other payment
instrument' means a draft, warrant, money order, traveler's
check, or electronic instrument (other than currency).
``(6) State.--The term `State' means each of the several
States, the District of Columbia, and each territory and
possession of the United States.
``(7) State deferred presentment transaction database.--The
term `State deferred presentment transaction database' means
the database established by the State that issued the
consumer's form of identification.''.
(b) Clerical Amendment.--The table of contents at the beginning of
chapter 2 of the Truth in Lending Act is amended by inserting after the
item relating to section 128A the following new item:
``128B. Deferred presentment transaction requirements.''.
SEC. 3. MORATORIUM AND SAFE HARBOR.
(a) Moratorium.--The Bureau of Consumer Financial Protection may
not promulgate or enforce any regulation related to deferred
presentment providers with respect to deferred presentment transactions
during the 24-month period beginning on the date of enactment of this
Act.
(b) Safe Harbor.--The Bureau of Consumer Financial Protection may
not impose any additional requirements related to deferred presentment
providers with respect to deferred presentment transactions in a State
if such State has enacted a covered deferred presentment law by the
effective date in subsection (e) of section 128B of the Truth in
Lending Act, as added by section 2(a).
(c) Payday Loans.--The Bureau of Consumer Financial Protection--
(1) may not regulate payday loans during the 24-month
period beginning on the date of enactment of this Act; and
(2) may regulate payday loans in a State after such period
only if such State has not enacted a covered deferred
presentment law.
(d) Definitions.--For purposes of this section:
(1) TILA definitions.--The terms ``covered deferred
presentment law'', ``deferred presentment provider'',
``deferred presentment transaction'', and ``State'' shall have
the meanings given such terms under section 128B of the Truth
in Lending Act, as added by section 2(a).
(2) Payday loan.--The term ``payday loan'' means a loan
described under section 1024(a)(1)(E) of Public Law 111-203 (12
U.S.C. 5514(a)(1)(E)), except that such term does not include a
deferred presentment transaction. | Consumer Protection and Choice Act This bill amends the Truth in Lending Act to prohibit a deferred presentment transaction except as provided under this Act. A "deferred presentment transaction" is one in which currency or other payment is provided to a consumer in exchange for a consumer's check or other payment instrument and an agreement that such check or payment instrument shall be held for a deferment period prior to presentment, deposit, or redemption. If the Consumer Financial Protection Bureau (CFPB) determines that a state has in effect a law that provides for the licensing of deferred presentment providers and the regulation of deferred presentment transactions, and that meets the requirements specified by this Act, any CFPB regulations concerning such transactions and providers shall not apply in such state. Such a state law must: require a provider to be licensed by the state; establish a transaction database; require a provider to verify through such database that a consumer entering into such a transaction does not have an outstanding transaction; require a provider to report immediately to such database information about each transaction entered into and each transaction paid or settled; require that a transaction agreement be in writing and allow the consumer to rescind the agreement within the first 24 hours; require a transaction agreement to limit the interest and fees to no more that 10% of the transaction amount, the processing fee to $5, the transaction amount to $500, and the duration of the transaction to no less than 7 days and no more than 31 days; and allow a 60-day grace period after the contractual repayment date for a consumer to repay the amount due, subject to early termination if a consumer fails to complete a course with a consumer credit counseling agency. The bill makes these changes effective 24 months after enactment and prohibits the CFPB from establishing or enforcing any regulation governing deferred presentment transactions or payday loans during such period. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Stub Disclosure Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The lack of a Federal requirement to provide employees
with pay stubs indicating how their pay is calculated or to
allow employee inspections of employers' payroll records
significantly impedes efforts to identify and challenge wage
and hour violations.
(2) In a survey of 4,387 low-wage workers in New York, Los
Angeles, and Chicago, more than a quarter of workers were paid
less than the minimum wage and among those who worked more than
40 hours per week, more than three-quarters were not paid
overtime. Fifty-seven percent of these workers reported that
they did not receive a pay stub in the previous week.
(3) Some employers are increasingly engaging in practices
that make it extremely difficult for workers to calculate their
pay, including paying workers in cash or by personal checks.
(4) While the Fair Labor Standards Act of 1938 and the
regulations of the Department of Labor require employers to
keep records of employees' pay, the lack of remedies diminishes
the effectiveness of this requirement.
(5) The Supreme Court held in Anderson v. Mt. Clemens
Pottery Co. (328 U.S. 680 (1946)) that where an employer fails
to keep records that are required under the Fair Labor
Standards Act of 1938, when an employee presents sufficient
evidence of the ``amount and extent of that work'', for which
the employee was ``improperly compensated'' the burden shifts
to the employer to disprove the employee's testimony and
evidence of the hours the employee worked and how much he or
she was paid.
(6) Far too many courts have failed to shift the burden to
the employer, where the employer has failed to keep records or
has kept inadequate records, instead giving the employer's
testimony equal weight to credible evidence produced by the
employee.
SEC. 3. PAY STUB REQUIREMENTS.
(a) Disclosure Requirements.--Section 11 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 211) is amended by adding at the end
the following:
``(e) Information To Be Disclosed to Certain Employees.--
``(1) Initial Disclosure.--Each employer shall provide an
initial disclosure to each employee who is not subject to the
exemptions set forth in section 13 within 15 days of the date
such employee is hired or any of the information in
subparagraphs (A) through (C) changes with respect to that
employee. Such disclosure shall include--
``(A) the rate or rates of pay and whether the
employee is paid by the hour, shift, day, week, or job,
or by salary, piece rate, commission, or other form of
compensation;
``(B) the name of the employer and any other name
used by the employer to conduct business; and
``(C) the physical address and telephone number of
the employer's main office or principal place of
business, and a mailing address if such mailing address
is different from the address of the main office or
principal place of business.
``(2) Disclosures Required in Each Pay Stub.--Each employer
shall disclose to each employee who is not subject to the
exemptions set forth in section 13 in a pay stub provided each
pay period--
``(A) the pay period covered;
``(B) the name of the employee and the last four
digits of the employee's Social Security number;
``(C) the total hours worked by the employee,
including the number of hours worked per workweek in
the pay period;
``(D)(i) in the case of an employee who is paid an
hourly wage, the total gross and net wages paid, and
the rate of pay for each hour worked;
``(ii) in the case of an employee who is paid a
salary in lieu of an hourly wage, the amount of salary
paid during the pay period;
``(iii) in the case of an employee employed at
piece rate, the number of piece-rate units earned, the
applicable piece rate, and total amount paid in
accordance with such piece rate; and
``(iv) in the case of an employee who receives
commission or is paid on the basis of any other type of
rate, the total amount paid in commission or in
accordance with such rate and any additional
information relating to such pay as determined by the
Secretary;
``(E) the number of overtime hours worked during
each workweek of the pay period and the hourly rate of
pay for each such overtime hour, or, in the case of an
employee employed at piece rate, the piece rate paid
for each such overtime hour;
``(F) any additional compensation paid or benefits
provided, including an explanation of each type of
compensation or benefit; and
``(G) any deductions, with an explanation of each
deduction, and any allowances or reimbursements, with
an explanation of each allowance or reimbursement.
``(3) Requirements Related to Disclosure of Compensation, Benefits,
Allowances, and Reimbursements.--In disclosing the information required
to be disclosed pursuant to subparagraphs (F) and (G) of paragraph
(2)--
``(A) the compensation and benefits required to be
disclosed include--
``(i) any bonus, paid leave (including paid
vacation or personal time, paid sick leave, or any
other paid leave), or other compensation;
``(ii) any employer contributions to health care
coverage or to a retirement account for the employee
and any transit or other benefits provided by the
employer; and
``(iii) any additional form of pay that is required
under State or local law, or for which records are
required to be kept pursuant to State or local law,
such as reporting time pay, split shift pay, paid sick
leave, or paid family or medical leave.
``(B) the allowances and reimbursements required to be
disclosed include any amounts paid to or reimbursed to an
employee for meals, clothing, lodging, or any other item for
which the employer makes an allowance or provides a
reimbursement; and
``(C) the explanation for any additional compensation,
benefits, allowances, or reimbursements shall be itemized and
may not be described as `miscellaneous'.
``(4) Form of Disclosure Required.--The pay stub required by
paragraph (2) shall be provided to an employee each pay period and may
be provided--
``(A) as a separate document, accompanying an employee's
pay;
``(B) as a detachable part of a paycheck for employees
receiving a paycheck; or
``(C) electronically, at the election of the employee, if
the employee receives his or her pay through electronic
deposit.''.
(b) Recordkeeping Requirements.--Section 11 of such Act is further
amended by adding at the end of subsection (c) the following: ``An
employer shall keep records of the information disclosed in an
employee's pay stub, as required by subsection (e), for a period of
three years from the date of issuance of each pay stub.''.
(c) Investigations and Inspections.--Section 11 of such Act is
further amended by adding at the end of subsection (a) the following:
``In the event that an employee requests an inspection of such
employee's records described in subsection (c), the employer shall
provide copies of such records for a period of up to three years prior
to such request. An employer shall comply with an employee's requests
to inspect records within 21 days of such request.''.
(d) Notice and Posting Requirement.--Section 11 of such Act is
further amended by inserting after subsection (e) (as added by
subsection (a)) the following:
``(f)(1) Every employer subject to any provision of this Act or of
any order issued under this Act shall provide a notice to each employee
within 15 days of the date of hire that includes--
``(A) a description of the employee's right to
receive a pay stub and the information which the pay
stub must contain;
``(B) the address and telephone number for the
applicable local office of the Department of Labor; and
``(C) such additional information as the Secretary
shall require by regulation.
``(2) In the case of employees employed by an employer on the date
of enactment of this Act, the employer shall provide the notice
described in paragraph (1) within 15 days of the effective date of the
Pay Stub Disclosure Act.''.
(e) Conforming Amendment.--The section heading of section 11 of
such Act is amended by inserting ``pay stub disclosures,'' after
``records,''.
SEC. 4. ENFORCEMENT.
(a) In General.--Section 16 of the Fair Labor Standards Act of 1938
is further amended--
(1) in subsection (b)--
(A) by inserting after the second sentence the
following: ``An employer who violates subsections (e)
or (f) of section 11 shall be liable to the affected
employee for $50 for the initial pay period in which
such a violation occurs and $100 per employee for each
violation in a subsequent pay period, not to exceed an
aggregate of $4,000 per employee.''; and
(B) by striking ``either of the preceding
sentences'' and inserting ``any of the preceding
sentences'';
(2) in subsection (e)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) An employer who fails to make, keep, and preserve records as
required by section 11(c), or fails to permit a current or former
employee to inspect or copy records as required by section 11(a), shall
be subject to a civil penalty of $750 per violation.''; and
(3) by adding at the end the following:
``(f) The Secretary shall have the authority, in accordance with
inflation, to periodically increase the amounts provided for in this
section as penalties or recoverable in an action described in
subsection (b).''.
(b) Evidentiary Standards.--Section 15 of such Act (29 U.S.C. 215)
is amended by adding at the end the following:
``(c) In the event that an employer fails to keep sufficient
records as required by section 11(c) and any related regulations, the
employee's production of credible evidence and testimony regarding the
amount and extent of the work for which the employee was improperly
compensated shall be sufficient to create a rebuttable presumption that
the employee's records are accurate, consistent with the Supreme
Court's decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680
(1946)).''.
SEC. 5. DEFINITIONS.
Section 3 of the Fair Labor Standards Act of 1938 29 U.S.C. 203) is
amended by adding at the end the following:
``(z) `Pay stub' means a paper that itemizes in writing all wages
and deductions paid to an employee each pay period.''.
SEC. 6. REGULATIONS AND TECHNICAL ASSISTANCE.
(a) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Labor shall prescribe such regulations as
are necessary to carry out this Act, including a list of State and
local laws--
(1) with requirements that are substantially similar to the
requirements of this Act; and
(2) compliance with which the Secretary may determine
satisfies the requirements of this Act.
(b) Guidance and Technical Assistance.--In order to achieve the
objectives of this Act, the Secretary of Labor--
(1) acting through the Administrator of the Wage and Hour
Division of the Department of Labor, shall issue guidance on
compliance with this Act regarding providing the disclosures
required pursuant to this Act; and
(2) shall provide technical assistance to employers, labor
organizations, professional associations, and other interested
persons on means of achieving and maintaining compliance with
the provisions of this Act.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 6 months after final regulations are issued by the Secretary of
Labor and not later than 18 months after the date of enactment of this
Act. | Pay Stub Disclosure Act This bill amends the Fair Labor Standards Act of 1938 to require each employer to provide an initial disclosure to each employee who is not subject to certain exemptions from minimum wage and maximum hour requirements within 15 days after: (1) the employee is hired, or (2) specified information in the initial disclosure changes. The information specified in that initial disclosure shall include: the pay rate and form of compensation; the name of the employer and any other name used by the employer to conduct business; and the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if different from the first one. The bill specifies additional disclosures that must be in each pay stub, including the pay period covered, the employee's name and truncated Social Security number, the total hours worked by the employee, benefits, allowances, and reimbursements. The bill also prescribes the form of the pay stub as well as employer notice requirements. An employer shall keep records of the information disclosed in an employee's pay stub for three years from each stub's issuance. In the event that an employee requests an inspection of his or her records, the employer shall provide copies of them for up to three years before the request. The bill prescribes civil penalties for employer failure to comply with this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of National Homeland
Security Act of 2001''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of National Homeland Security established under this
Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of National Homeland Security.
SEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL HOMELAND SECURITY.
(a) Establishment.--There is established the Department of National
Homeland Security.
(b) Secretary of National Homeland Security.--
(1) In general.--The Secretary of National Homeland
Security shall be the head of the Department. The Secretary
shall be appointed by the President, by and with the advice and
consent of the Senate.
(2) Cabinet level position.--Section 5312 of title 5,
United States Code, is amended by adding at the end the
following:
``Secretary of National Homeland Security.''.
(3) Membership on the national security council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C. 402(a))
is amended in the fourth sentence by striking paragraphs (5),
(6), and (7) and inserting the following:
``(5) the Secretary of National Homeland Security; and
``(6) each Secretary or Under Secretary of such other
executive department, or of a military department, as the
President shall designate.''.
(c) Duties.--The duties of the Secretary shall be the following:
(1) To plan, coordinate, and integrate those United States
Government activities relating to homeland security, including
border security and emergency preparedness, and to act as a
focal point regarding natural and manmade crises and emergency
planning.
(2) To work with State and local governments and executive
agencies in protecting United States homeland security, and to
support State officials through the use of regional offices
around the Nation.
(3) To provide overall planning guidance to executive
agencies regarding United States homeland security.
(4) To conduct exercise and training programs for employees
of the Department and establish effective command and control
procedures for the full range of potential contingencies
regarding United States homeland security, including
contingencies that require the substantial support of military
assets.
(5) To annually develop a Federal response plan for
homeland security and emergency preparedness.
SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO
THE DEPARTMENT.
The authorities, functions, personnel, and assets of the following
entities are transferred to the Department:
(1) The Federal Emergency Management Agency, the ten
regional offices of which shall be maintained and strengthened
by the Department.
(2) The United States Customs Service, which shall be
maintained as a distinct entity within the Department.
(3) The Border Patrol of the Immigration and Naturalization
Service, which shall be maintained as a distinct entity within
the Department.
(4) The United States Coast Guard, which shall be
maintained as a distinct entity within the Department.
(5) The Critical Infrastructure Assurance Office and the
Institute of Information Infrastructure Protection of the
Department of Commerce.
(6) The National Infrastructure Protection Center and the
National Domestic Preparedness Office of the Federal Bureau of
Investigation.
SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.
(a) Establishment of Directorates.--The following staff
directorates are established within the Department:
(1) Directorate of prevention.--The Directorate of
Prevention, which shall be responsible for the following:
(A) Overseeing and coordinating all United States
border security activities.
(B) Developing border and maritime security policy
for the United States.
(C) Developing and implementing international
standards for enhanced security in transportation
nodes.
(2) Directorate of critical infrastructure protection.--The
Directorate of Critical Infrastructure Protection, which shall
be responsible for the following:
(A) Acting as the Critical Information Technology,
Assurance, and Security Officer of the Department to
coordinate efforts to address the vulnerability of the
United States to electronic or physical attacks on
critical infrastructure of the United States, including
utilities, transportation nodes, and energy resources.
(B) Overseeing the protection of such
infrastructure and the physical assets and information
networks that make up such infrastructure.
(C) Ensuring the maintenance of a nucleus of cyber
security experts within the United States Government.
(D) Enhancing sharing of information regarding
cyber security and physical security of the United
States, tracking vulnerabilities and proposing improved
risk management policies, and delineating the roles of
various government agencies in preventing, defending,
and recovering from attacks.
(E) Coordinating with the Federal Communications
Commission in helping to establish cyber security
policy, standards, and enforcement mechanisms, and
working closely with the Federal Communications
Commission on cyber security issues with respect to
international bodies.
(F) Coordinating the activities of Information
Sharing and Analysis Centers to share information on
threats, vulnerabilities, individual incidents, and
privacy issues regarding United States homeland
security.
(G) Assuming the responsibilities carried out by
the Critical Infrastructure Assurance Office before the
date of the enactment of this Act.
(H) Assuming the responsibilities carried out by
the National Infrastructure Protection Center before
the date of the enactment of this Act.
(I) Supporting and overseeing the management of the
Institute for Information Infrastructure Protection.
(3) Directorate for emergency preparedness and response.--
The Directorate for Emergency Preparedness and Response, which
shall be responsible for the following:
(A) Carrying out all emergency preparedness and
response activities carried out by the Federal
Emergency Management Agency before the date of the
enactment of this Act.
(B) Assuming the responsibilities carried out by
the National Domestic Preparedness Office before the
date of the enactment of this Act.
(C) Organizing and training local entities to
respond to emergencies and providing State and local
authorities with equipment for detection, protection,
and decontamination in an emergency involving weapons
of mass destruction.
(D) Overseeing Federal, State, and local emergency
preparedness training and exercise programs in keeping
with current intelligence estimates and providing a
single staff for Federal assistance for any emergency
(including emergencies caused by flood, earthquake,
hurricane, disease, or terrorist bomb).
(E) Creating a National Crisis Action Center to act
as the focal point for monitoring emergencies and for
coordinating Federal support for State and local
governments and the private sector in crises.
(F) Establishing training and equipment standards,
providing resource grants, and encouraging intelligence
and information sharing among the Department of
Defense, the Federal Bureau of Investigation, the
Central Intelligence Agency, State emergency management
officials, and local first responders.
(G) Coordinating and integrating activities of the
Department of Defense, the National Guard, and other
Federal agencies into a Federal response plan.
(H) Coordinating activities among private sector
entities, including entities within the medical
community, with respect to recovery, consequence
management, and planning for continuity of services.
(I) Developing and managing a single response
system for national incidents in coordination with the
Department of Justice, the Federal Bureau of
Investigation, the Department of Health and Human
Services, and the Centers for Disease Control.
(J) Maintaining Federal asset databases and
supporting up-to-date State and local databases.
(b) Establishment of Office of Science and Technology.--
(1) In general.--There is established in the Department an
Office of Science and Technology.
(2) Purpose.--The Office of Science and Technology shall
advise the Secretary regarding research and development efforts
and priorities for the directorates established in subsection
(a).
SEC. 6. REPORTING REQUIREMENTS.
(a) Biennial Reports.--The Secretary shall submit to Congress on a
biennial basis--
(1) a report assessing the resources and requirements of
executive agencies relating to border security and emergency
preparedness issues; and
(2) a report certifying the preparedness of the United
States to prevent, protect against, and respond to natural
disasters, cyber attacks, and incidents involving weapons of
mass destruction.
(b) Additional Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report--
(1) assessing the progress of the Department in--
(A) implementing the provisions of this Act; and
(B) ensuring the core functions of each entity
transferred to the Department are maintained and
strengthened; and
(2) recommending any conforming changes in law necessary as
a result of the enactment and implementation of this Act.
SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.
The Secretary shall establish and maintain strong mechanisms for
the sharing of information and intelligence with United States and
international intelligence entities.
SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.
The Secretary shall establish procedures to ensure that the
planning, programming, budgeting, and financial activities of the
Department comport with sound financial and fiscal management
principles. At a minimum, those procedures shall provide for the
planning, programming, and budgeting of activities of the Department
using funds that are available for obligation for a limited number of
years.
SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS.
The Secretary shall--
(1) ensure that the Department complies with all applicable
environmental, safety, and health statutes and substantive
requirements; and
(2) develop procedures for meeting such requirements.
SEC. 10. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
Act, and
(2) which are in effect at the time this Act takes effect,
or were final before the effective date of this Act and are to
become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of National Homeland Security or other
authorized official, a court of competent jurisdiction, or by operation
of law.
(b) Proceedings Not Affected.--The provisions of this Act shall not
affect any proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or financial
assistance pending before an agency at the time this Act takes effect,
with respect to functions transferred by this Act but such proceedings
and applications shall continue. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not been enacted, and
orders issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this Act had not been enacted.
(c) Suits Not Affected.--The provisions of this Act shall not
affect suits commenced before the effective date of this Act, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against an agency, or by or against any individual in
the official capacity of such individual as an officer of an agency,
shall abate by reason of the enactment of this Act.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by an agency relating to a function
transferred under this Act may be continued by the National Homeland
Security with the same effect as if this Act had not been enacted.
(f) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department, agency, or office from which a function
is transferred by this Act--
(1) to the head of such department, agency, or office is
deemed to refer to the Secretary of National Homeland Security;
or
(2) to such department, agency, or office is deemed to
refer to the Department of National Homeland Security.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 6 months after the date of enactment of
this Act. | Department of National Homeland Security Act of 2001 - Establishes the Department of National Homeland Security. Includes the Secretary of National Homeland Security as a cabinet level position with membership on the National Security Council.Requires the Secretary to: (1) plan, coordinate, and integrate Government activities relating to homeland security, including border security and emergency preparedness, and act as a focal point regarding natural and manmade crises and emergency planning; (2) work with State and local governments and executive agencies in protecting U.S. homeland security and support State officials through the use of regional offices; (3) provide overall planning guidance to such agencies regarding homeland security; (4) conduct exercise and training programs for department employees and establish command and control procedures for security contingencies, including those that require the substantial military support; and (5) annually develop a Federal response plan for homeland security and emergency preparedness.Transfers to the Agency the authorities, functions, personnel, and assets of the Federal Emergency Management Agency, the U.S. Customs Service, the Border Patrol of the Immigration and Naturalization Service, the U.S. Coast Guard, the Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce, and the National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation.Establishes within the Department: (1) separate Directorates of Prevention, Critical Infrastructure Protection, and Emergency Preparedness and Response; and (2) an Office of Science and Technology to advise the Secretary with regard to research and development efforts and priorities for such directorates.Requires the Secretary to establish mechanisms for the sharing of information and intelligence with U.S. and international intelligence entities. | [
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SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) The Congress has previously directed the Secretary of
Defense to seek to enter into multiyear burden sharing support
agreements with economically strong North Atlantic Treaty
Organization (NATO) allies of the United States in order to
obtain increased host nation contributions toward defraying the
overseas basing costs for forces of the Armed Forces of the
United States in that host country.
(2) In fiscal year 1992--
(A) the government of Germany contributed
approximately 23 percent of the overseas basing costs
for United States forces in that country;
(B) the government of Italy contributed
approximately 20 percent of the overseas basing costs
for United States forces in that country;
(C) the government of the United Kingdom
contributed approximately 14 percent of the overseas
basing costs for United States forces in that country;
and
(D) the United States paid the remainder of such
costs.
(3) The Japanese government will pay 75.1 percent of
overseas basing costs according to the host nation burden
sharing support agreement between the United States and Japan.
(4) In accordance with that agreement, the government of
Japan contributed in fiscal year 1992 approximately 70 percent
of the overseas basing costs for United States forces in that
country, and the United States paid the remainder of such
costs.
(5) If the economically strong NATO allies of the United
States had contributed 75 percent of the overseas basing costs
that were incurred for fiscal year 1992 for United States
forces in the countries of such allies, the United States would
have saved an estimated $5,000,000,000 of the amount paid by
the United States for overseas basing costs for that fiscal
year.
(6) It is in the national interest of the United States for
the United States and our economically strong allies to enter
into burden sharing support agreements that provide for such
allies to defray most or all of the overseas basing costs for
the United States forces stationed in the allied countries.
SEC. 2. INCREASED BURDEN SHARING BY ALLIES OF THE UNITED STATES.
(a) Defense Cost-Sharing Agreements.--The President shall enter
into negotiations with each foreign nation described in subsection
(b)(1) to seek to conclude an agreement that provides for such nation
to pay at least 75 percent of the overseas basing costs that are
incurred for the stationing of members of the Armed Forces of the
United States and related civilian employees of the Department of
Defense in that nation as a result of the implementation of a bilateral
or multilateral defense agreement with that nation.
(b) Covered Foreign Nations.--
(1) In general.--Except as provided in paragraph (2), the
foreign nations referred to in subsection (a) are the
following:
(A) Each member nation of the North Atlantic Treaty
Organization (other than the United States).
(B) Every other foreign nation with which the
United States has a bilateral or multilateral defense
agreement that provides for the assignment of combat
units of the Armed Forces of the United States to
permanent duty ashore in that nation or the placement
of combat equipment of the United States in that
nation.
(2) Inapplicability to certain foreign nations.--The
foreign nations referred to in subsection (a) do not include
any foreign nation that receives assistance or financing
under--
(A) section 23 of the Arms Export Control Act (22
U.S.C. 2673), relating to the foreign military
financing program; or
(B) the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.).
SEC. 3. USE OF FUNDS FOR PAYING OVERSEAS BASING COSTS.
(a) Limitation.--Funds may not be expended to pay more than the
allowable percent of the overseas basing costs that are incurred during
a fiscal year referred to in subsection (b) for the stationing of
members of the Armed Forces of the United States and related civilian
employees of the Department of Defense in a nation referred to in
section 2(a) as a result of the implementation of a bilateral or
multilateral defense agreement with that nation.
(b) Maximum Allowable Percent.--For purposes of subsection (a), the
allowable percent for a fiscal year is as follows:
(1) Fiscal year 1994.--For fiscal year 1994, 60 percent.
(2) Fiscal year 1995.--For fiscal year 1995, 40 percent.
(3) Fiscal years after fiscal year 1995.--For each fiscal
year that begins after September 30, 1995, 25 percent.
SEC. 4. WAIVER AUTHORITY.
If the President determines that it is necessary to do so in the
national security interest of the United States, the President may
waive, with respect to a foreign nation referred to in section 2(a),
the limitation in section 3. In the case of each such waiver, the
President shall submit to Congress a written certification of the
determination and a description of the extent of the waiver.
SEC. 5. REPORTING REQUIREMENT.
Not later than September 30, 1993, the President shall submit to
the Congress a plan and schedule for concluding with foreign nations
referred to in section 2(a) agreements that provide for each such
nation to pay 75 percent of the overseas basing costs that are incurred
for the stationing of members of the Armed Forces of the United States
and related civilian employees of the Department of Defense in that
nation as a result of the implementation of a bilateral or multilateral
defense agreement with that nation.
SEC. 6. OVERSEAS BASING COSTS DEFINED.
In this Act, the term ``overseas basing costs'' means all costs
related to the operation of installations in foreign countries at which
forces of the Armed Forces of the United States are based and--
(1) includes but are not limited to--
(A) pay for foreign nationals;
(B) costs of utilities;
(C) costs of local services;
(D) costs of military construction projects;
(E) costs of real property maintenance;
(F) costs of environmental restoration;
(G) leasing costs;
(H) taxes;
(I) user fees;
(J) tolls; and
(K) import duties; and
(2) does not include the pay and allowances of members of
the Armed Forces of the United States and civilian employees of
the Department of Defense. | Directs the President to enter into negotiations to conclude agreements that require the following countries to pay at least 75 percent of the overseas basing costs incurred for stationing of U.S. armed forces and related civilian employees: (1) member nations of the North Atlantic Treaty Organization (NATO); and (2) foreign nations with which the United States has defense agreements providing for the assignment of U.S. armed forces or combat equipment in such nations.
Makes this Act inapplicable to foreign nations that receive assistance under the foreign military financing program or other military assistance pursuant to the Foreign Assistance Act of 1961.
Phases in limitations on Federal funding for overseas basing costs, setting a maximum payment of 25 percent of such costs for fiscal years after 1995.
Authorizes the President to waive the requirements of this Act pursuant to national security interests. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civic Participation and
Rehabilitation Act of 1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship and regaining the right to vote reintegrates
offenders into free society. The right to vote may not be
abridged or denied by the United States or by any State on
account of race, color, gender or previous condition of
servitude. Basic constitutional principles of fairness and
equal protection require an equal opportunity for Americans to
vote in Federal elections. Congress has ultimate supervisory
power over Federal elections, an authority which has repeatedly
been upheld by the Supreme Court.
(2) Congress finds three areas where discrepancies in State
laws regarding felony convictions lead to unfairness in Federal
elections: (A) there is no uniform standard for voting in
Federal elections which leads to an unfair disparity and
unequal participation in Federal elections based solely on
where a person lives; (B) laws governing the restoration of
voting rights after a felony conviction are unequal throughout
the country and persons in some States can easily regain their
voting rights while in other States persons effectively lose
their right to vote permanently; and (C) State
disenfranchisement laws disproportionately impact ethnic
minorities.
(3) Although State law determines the qualifications for
voting, Congress must ensure that those laws are in accordance
with the Constitution. Current laws vary throughout the country
resulting in discrepancies regarding which citizens may vote in
Federal elections.
(4) An estimated 3,900,000 Americans, or one in fifty
adults, currently cannot vote as a result of a felony
conviction. Women represent about a half million of this total.
Disenfranchisement results from varying State laws that
restrict voting while under some form of criminal justice
supervision or after the completion of a felony sentence in
some States. Four States do not disenfranchise felons at all
(Maine, Massachusetts, New Hampshire, and Vermont). Forty-six
States and the District of Columbia have disenfranchisement
laws that deprive convicted offenders of the right to vote
while they are in prison. In thirty-two States, convicted
offenders may not vote while they are on parole and in twenty-
nine States probationers may not vote. Fourteen States
disenfranchise ex-offenders who have fully served their
sentences, regardless of the nature or seriousness of the
offense. Three-fourths (73%) of the 3,900,000 disqualified
voters are not in prison, but are on probation, parole or are
ex-offenders.
(5) In those States that disenfranchise ex-offenders, the
right to vote can be regained in theory, but in practice this
possibility is often illusory. In eight States, a pardon or
order from the Governor is required. In two States, ex-
offenders must obtain action by the parole or pardon board.
Offenders convicted of a Federal offense often have additional
barriers to regaining voting rights. In at least 16 States,
Federal offenders cannot use the State procedure for restoring
their civil rights. The only method provided by Federal law for
restoring voting rights to ex-offenders is a Presidential
pardon. Few persons who seek to have their right to vote
restored have the financial and political resources needed to
succeed.
(6) Thirteen percent of the African American adult male
population, or 1,400,000 African American men, are
disenfranchised. Given current rates of incarceration, three in
ten of the next generation of black men will be disenfranchised
at some point during their lifetime. Hispanic citizens are also
disproportionately disenfranchised since they are
disproportionately represented in the criminal justice system.
(7) These discrepancies should be addressed by Congress.
Basic concepts of fundamental fairness and equal protection
require an equal opportunity for Americans to vote in Federal
elections. This Act will restore fairness in the Federal
election process and promote reintegration of former offenders
into a life as law abiding citizens of the United States.
SEC. 3. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 4. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
(b) Private Right of Action.--
(1) A person who is aggrieved by a violation of this Act
may provide written notice of the violation to the chief
election official of the State involved.
(2) Except as provided in paragraph (3), if the violation
is not corrected within 90 days after receipt of a notice under
paragraph (1), or within 20 days after receipt of the notice if
the violation occurred within 120 days before the date of an
election for Federal office, the aggrieved person may, in a
civil action obtain declaratory or injunctive relief with
respect to the violation.
(3) If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
need not provide notice to the chief election official of the
State under paragraph (1) before bringing a civil action to
obtain declaratory or injunctive relief with respect to the
violation.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``correctional institution or facility'' means
any prison, penitentiary, jail, or other institution or
facility for the confinement of individuals convicted of
criminal offenses, whether publicly or privately operated,
except that such term does not include any residential
community treatment center (or similar public or private
facility);
(2) the term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President; and
(3) the term ``Federal office'' means the office of
President or Vice President of the United States, or of Senator
or Representative in, or Delegate or Resident Commissioner to,
the Congress of the United States.
SEC. 6. RELATION TO OTHER LAWS.
(a) Nothing in this Act shall be construed to prohibit the States
enacting any State law which affords the right to vote in any election
for Federal office on terms less restrictive than those established by
this Act.
(b) The rights and remedies established by this Act are in addition
to all other rights and remedies provided by law, and neither rights
and remedies established by this Act shall supersede, restrict, or
limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg). | Civic Participation and Rehabilitation Act of 1999 - Declares that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense, unless the individual is serving a felony sentence in a correctional institution or facility at the time of the election.
Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. Creates a private right of action, subject to specified requirements. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydroelectric Licensing Process
Improvement Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydroelectric power is an irreplaceable source of
clean, economic, renewable energy with the unique capability of
supporting reliable electric service while maintaining
environmental quality;
(2) hydroelectric power is the leading renewable energy
resource of the United States;
(3) hydroelectric power projects provide multiple benefits
to the United States, including recreation, irrigation, flood
control, water supply, and fish and wildlife benefits;
(4) in the next 15 years, the bulk of all non-Federal
hydroelectric power capacity in the United States is due to be
relicensed by the Federal Energy Regulatory Commission; and
(5) the process of licensing hydroelectric projects by the
Commission--
(A) has become inefficient, because Federal
agencies that participate in the process are not
required to submit their mandatory and recommended
conditions to the license by a time certain; and
(B) does not produce optimal decisions, because the
agencies are not required to consider a broad range of
factors in determining those conditions.
SEC. 3. PURPOSE.
The purpose of this Act is to improve the hydroelectric licensing
process by--
(1) authorizing the Federal Energy Regulatory Commission to
impose deadlines by which Federal agencies must submit proposed
mandatory and recommended conditions to a license;
(2) requiring the agencies to consider a broad range of
factors in determining those conditions and to document the
consideration of those factors; and
(3) making other improvements to the licensing process.
SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO
LICENSES.
(a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et
seq.) is amended by adding at the end the following:
``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS
TO LICENSES.
``(a) Definitions.--In this section:
``(1) Condition.--The term `condition' means--
``(A) a condition to a license for a project on a
Federal reservation determined by a consulting agency
for the purpose of the first proviso of section 4(e);
and
``(B) a prescription relating to the construction,
maintenance, or operation of a fishway determined by a
consulting agency for the purpose of the first sentence
of section 18.
``(2) Consulting agency.--The term `consulting agency'
means--
``(A) in relation to a condition described in
paragraph (1)(A), the Federal agency with
administrative jurisdiction over the reservation; and
``(B) in relation to a condition described in
paragraph (1)(B), the Secretary of the Interior or the
Secretary of Commerce, as appropriate.
``(b) Factors To Be Considered.--
``(1) In general.--In determining a condition, a consulting
agency shall take into consideration--
``(A) the impacts of the condition on--
``(i) economic and power values;
``(ii) electric generation capacity and
system reliability;
``(iii) air quality; and
``(iv) drinking, flood control, irrigation,
navigation, or recreation water supply; and
``(B) compatibility with other conditions to be
included in the license, including mandatory conditions
of other agencies, when available.
``(2) Documentation.--
``(A) In general.--In the course of the
consideration of factors under paragraph (1) and before
any review under subsection (e), a consulting agency
shall create written documentation detailing, among
other pertinent matters, all proposals made, comments
received, facts considered, and analyses made regarding
each of those factors sufficient to demonstrate that
each of the factors was given full consideration in
determining the condition to be submitted to the
Commission.
``(B) Submission to the commission.--A consulting
agency shall include the documentation under
subparagraph (A) in its submission of a condition to
the Commission.
``(c) Scientific Review.--
``(1) In general.--Each condition determined by a
consulting agency shall be subjected to appropriately
substantiated scientific review.
``(2) Data.--For the purpose of paragraph (1), a condition
shall be considered to have been subjected to appropriately
substantiated scientific review if the review--
``(A) was based on current empirical data or field-
tested data; and
``(B) was subjected to peer review.
``(d) Relationship to Impacts on Federal Reservation.--In the case
of a condition for the purpose of the first proviso of section 4(e),
each condition determined by a consulting agency shall be directly and
reasonably related to the impacts of the project within the Federal
reservation.
``(e) Administrative Review.--
``(1) Opportunity for review.--Before submitting to the
Commission a proposed condition, and before a license applicant
files a license application with the Commission, a consulting
agency shall provide a license applicant an opportunity to
obtain expedited review before an administrative law judge or
other independent reviewing body of--
``(A) the reasonableness of the condition in light
of the effect that implementation of the condition will
have on the energy and economic values of a project;
and
``(B) compliance by the consulting agency with the
requirements of this section, including the requirement
to consider the factors described in subsection (b)(1).
``(2) Completion of review.--
``(A) In general.--A review under paragraph (1)
shall be completed not more than 180 days after the
license applicant notifies the consulting agency of the
request for review.
``(B) Failure to make timely completion of
review.--If a consulting agency does not provide a
license applicant a timely opportunity to review a
proposed condition, the Commission may treat a
condition submitted by the consulting agency as a
recommendation is treated under section 10(j).
``(3) Remand.--If the administrative law judge or reviewing
body finds that a proposed condition is unreasonable or that
the consulting agency failed to comply with any of the
requirements of this section, the administrative law judge or
reviewing body shall--
``(A) render a decision that--
``(i) explains the reasons for a finding
that the condition is unreasonable and may make
recommendations that the administrative law
judge or reviewing body may have for the
formulation of a condition that would not be
found unreasonable; or
``(ii) explains the reasons for a finding
that a requirement was not met and may describe
any action that the consulting agency should
take to meet the requirement; and
``(B) remand the matter to the consulting agency
for further action.
``(4) Submission to the commission.--Following
administrative review under this subsection, a consulting
agency shall--
``(A) take such action as the consulting agency
determines to be appropriate to formulate a condition
that is not unreasonable or to comply with the
requirements of this section; and
``(B) include with its submission to the Commission
of a proposed condition--
``(i) the record on administrative review;
and
``(ii) documentation of any action taken
following administrative review.
``(f) Deadline for Submission of Conditions.--
``(1) In general.--After an applicant files with the
Commission an application for a license, the Commission may set
a date by which a consulting agency shall file with the
Commission a recommended or established condition.
``(2) Limitation.--Except as provided in paragraph (3), the
date for submission shall be not greater than 1 year after the
date on which the Commission gives the consulting agency notice
that a license application is ready for environmental review.
``(3) Default.--If a consulting agency does not file a
recommended or established condition to a license by the date
set under paragraph (1)--
``(A) the consulting agency shall not thereafter
have authority to recommend or establish a condition to
the license; and
``(B) the Commission may, but shall not be required
to, recommend or establish an appropriate condition to
the license that--
``(i) furthers the interest sought to be
protected by the provision of law that
authorizes the consulting agency to propose or
establish a condition to the license; and
``(ii) conforms to the requirements of this
Act.
``(4) Extension.--The Commission may make 1 extension, of
not more than 30 days, of a deadline set under paragraph (1).
``(g) Economic Analysis By the Commission.--The Commission shall
conduct an economic analysis of each condition submitted by a
consulting agency to determine whether the condition would render the
project uneconomic.
``(h) Commission Determination on Effect of Conditions.--When
requested by a license applicant in a request for rehearing, the
Commission shall make a written determination on whether a condition
submitted by a consulting agency is--
``(1) in the public interest, as measured by the impact of
the condition on the factors described in subsection (b)(1);
``(2) reasonable;
``(3) supported by substantial evidence; and
``(4) consistent with this Act and other terms and
conditions to be included in the license.''.
(b) Conforming and Technical Amendments.--
(1) Section 4.--Section 4(e) of the Federal Power Act (16
U.S.C. 797(e)) is amended in the first proviso of the first
sentence by inserting after ``conditions'' the following: ``,
determined in accordance with section 32,''.
(2) Section 18.--Section 18 of the Federal Power Act (16
U.S.C. 811) is amended in the first sentence by striking
``prescribed by the Secretary of Commerce'' and inserting
``prescribed, in accordance with section 32, by the Secretary
of the Interior or the Secretary of Commerce, as appropriate''.
SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as
amended by section 3) is amended by adding at the end the following:
``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
``(a) Lead Agency Responsibility.--The Commission, as the lead
agency for environmental reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under
this part, shall conduct a single consolidated environmental review for
each such project.
``(b) Deadlines.--
``(1) In general.--The Commission shall set a deadline for
the submission of comments by Federal, State, and local
government agencies in connection with the preparation of any
environmental impact statement or environmental assessment
required for a project.
``(2) Considerations.--In setting a deadline under
paragraph (1), the Commission shall take into consideration--
``(A) the need of the license applicant for a
prompt and reasonable decision;
``(B) the resources of interested Federal, State,
and local government agencies; and
``(C) applicable statutory requirements.''.
SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Commerce of the House of Representatives a study
of the feasibility of establishing a separate licensing procedure for
small hydroelectric projects.
(b) Definition of Small Hydroelectric Project.--The Commission may
by regulation define the term ``small hydroelectric project'' for the
purpose of subsection (a), except that the term shall include at a
minimum a hydroelectric project that has a generating capacity of 5
megawatts or less. | Hydroelectric Licensing Process Improvement Act of 1998 - Amends the Federal Power Act to prescribe factors which Federal agency participants in Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process (consulting agencies) must consider and document when setting forth conditions for such renewals, including the economic impact of such conditions as well as air quality, flood control, irrigation, navigation, and recreation and drinking water supply.
Requires that each condition be subjected to appropriately substantiated scientific peer review based on current empirical data or field-tested data.
Requires such consulting agency to provide a license applicant opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application.
Empowers the reviewing body to remand the matter to such agency if the reviewer finds the agency's proposed conditions do not comply with this Act.
Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC.
Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic; (2) conduct a single consolidated environmental review for each licensed project pursuant to its status as lead agency for environmental reviews; and (3) set a deadline for the submission of comments by Federal, State, and local government agencies regarding any environmental impact or assessment required for a project. Instructs FERC to consider the need of license applicants for a prompt decision when setting such deadlines.
Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less. | [
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] |
SECTION 1. MODIFICATIONS OF ONLINE ACCESS TO CERTAIN FINANCIAL
DISCLOSURE STATEMENTS AND RELATED FORMS.
(a) Public, Online Disclosure of Financial Disclosure Forms.--
(1) In general.--Except with respect to financial disclosure
forms filed by officers and employees referred to in paragraph (2),
section 8(a) and section 11(a) of the STOCK Act (5 U.S.C. App. 105
note) shall not be effective.
(2) Exempted officers and employees.--The officer and employees
referred to in paragraph (1) are the following:
(A) The President.
(B) The Vice President.
(C) Any Member of Congress.
(D) Any candidate for Congress.
(E) Any officer occupying a position listed in section 5312
or section 5313 of title 5, United States Code, having been
nominated by the President and confirmed by the Senate to that
position.
(3) Conforming amendment.--Section 1 of the Act entitled ``An
Act to change the effective date for the internet publication of
certain information to prevent harm to the national security or
endangering the military officers and civilian employees to whom
the publication requirement applies, and for other purposes'' is
repealed.
(b) Electronic Filing and Online Availability.--
(1) For members of congress and candidates.--Section 8(b) of
the STOCK Act (5 U.S.C. App. 105 note) is amended--
(A) in the heading, by striking ``, Officers of the House
and Senate, and Congressional Staff'';
(B) in paragraph (1)--
(i) by striking ``18 months after the date of enactment
of this Act'' and inserting ``January 1, 2014'';
(ii) by amending subparagraph (B) to read as follows:
``(B) public access to--
``(i) financial disclosure reports filed by Members of
Congress and candidates for Congress,
``(ii) reports filed by Members of Congress and
candidates for Congress of a transaction disclosure
required by section 103(l) of the Ethics in Government Act
of 1978, and
``(iii) notices of extensions, amendments, and blind
trusts, with respect to financial disclosure reports
described in clauses (i) and (ii),
pursuant to title I of the Ethics in Government Act of 1978 (5
U.S.C. App. 101 et seq.), through databases that are maintained
on the official websites of the House of Representatives and
the Senate.'';
(C) in paragraph (2)--
(i) by striking the first two sentences; and
(ii) in the last sentence, by striking ``under this
section'' and inserting ``under paragraph (1)(B)'';
(D) in paragraph (3), by striking ``under this subsection''
and inserting ``under paragraph (1)(B)'';
(E) in paragraph (4), by inserting ``be able to'' after
``shall''; and
(F) in paragraph (5), by striking ``under this subsection''
and inserting ``under paragraph (1)(B)''.
(2) For executive branch officials.--Section 11(b) of the STOCK
Act (5 U.S.C. App. 105 note) is amended--
(A) in the heading, by striking ``Employees'' and inserting
``Officials'' ;
(B) in paragraph (1)--
(i) by striking ``18 months after the date of enactment
of this Act'' and inserting ``January 1, 2014'';
(ii) by amending subparagraph (B) to read as follows:
``(B) public access to--
``(i) financial disclosure reports filed by the
President, the Vice President, and any officer occupying a
position listed in section 5312 or section 5313 of title 5,
United States Code, having been nominated by the President
and confirmed by the Senate to that position,
``(ii) reports filed by any individual described in
clause (i) of a transaction disclosure required by section
103(l) of the Ethics in Government Act of 1978, and
``(iii) notices of extensions, amendments, and blind
trusts, with respect to financial disclosure reports
described in clauses (i) and (ii),
pursuant to title I of the Ethics in Government Act of 1978 (5
U.S.C. App. 101 et seq.), through databases that are maintained
on the official website of the Office of Government Ethics.'';
(C) in paragraph (2)--
(i) by striking the first two sentences; and
(ii) in the last sentence, by striking ``under this
section'' and inserting ``under paragraph (1)(B)'';
(D) in paragraph (3), by striking ``under this subsection''
and inserting ``under paragraph (1)(B)'';
(E) in paragraph (4), by inserting ``be able to'' after
``shall''; and
(F) in paragraph (5), by striking ``under this subsection''
and inserting ``under paragraph (1)(B)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . Amends the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act) with respect to mandatory public, on-line reporting of financial disclosure statements by congressional staff and executive branch officers and employees. Applies mandatory public, on-line reporting of financial disclosure statements only to Members of Congress, congressional candidates, the President, the Vice President, and executive branch officers at levels I and II of the Executive Schedule who require nomination by the President and confirmation by the Senate. Extends until January 1, 2014, the deadline for: the Secretary, the Sergeant at Arms, and the Clerk to develop systems to enable the electronic filing of financial disclosure reports as well as their on-line public availability; the Director of the Office of Government Ethics to develop such systems for financial disclosure forms filed by covered executive branch officials. Repeals: (1) the prohibition against requiring a login to search or sort the data contained in the publicly available financial disclosure systems, and (2) the requirement that a login protocol with the name of the user be utilized by a person downloading data contained in the reports. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sport Fish Restoration and
Recreational Boating Safety Act of 2011''.
SEC. 2. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Federal Aid in Fish
Restoration Act (16 U.S.C. 777 et seq.).
SEC. 3. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 (16 U.S.C. 777c) is amended--
(1) in subsection (a), by striking ``of fiscal years 2006
through 2011,'' and inserting ``fiscal year through 2017,'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``of fiscal
years 2006 through 2011,'' and inserting ``fiscal year
through 2017,'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``each of
fiscal years 2001 and 2002, $9,000,000;'' and
inserting ``fiscal year 2012, $11,481,000;'';
(ii) in clause (ii), by striking ``2003,
$8,212,000;'' and inserting ``2013,
$11,870,000;''; and
(iii) in clause (iii), by striking ``2004''
and inserting ``2014''; and
(C) by adding at the end the following:
``(C) Set-aside for boating safety.--
``(i) From the annual appropriation made in
accordance with section 3, for each fiscal year
through 2017, the Secretary shall transfer to
the Secretary of the department in which the
Coast Guard is operating--
``(I) $6,500,000 for the purposes
set forth in section 13107(c) of title
46, United States Code;
``(II) $200,000 to fund the
National Boating Safety Advisory
Council established under section 13110
of Title 46, United States Code; and
``(III) not less than $6,000,000
for national boating safety activities
of national nonprofit public service
organizations, and such sums made
available for allocation and
distribution shall remain available
until expended.
``(ii) The amounts specified in clause (i)
for a fiscal year may not be included in the
amount of the annual appropriation distributed
under subsection (a) for the fiscal year.'';
(3) in subsection (b)(2)(B), by striking ``subsection (e)''
and inserting ``subsection (c)''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``those
subsections'' and inserting ``those paragraphs'';
(B) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--For fiscal year 2012, the Secretary
of the Interior may use not more than $1,200,000 in accordance
with paragraph (1). For each fiscal year thereafter, the
maximum amount that the Secretary of the Interior may use in
accordance with paragraph (1) shall be determined pursuant to
paragraph (3).''; and
(C) by adding at the end the following:
``(3) Annual adjusted maximum amount.--The maximum amount
referred to in paragraph 2 for fiscal year 2013 and each fiscal
year thereafter shall be the sum of--
``(A) the available maximum amount for the
preceding fiscal year; and
``(B) the amount determined by multiplying--
``(i) the available maximum amount for the
preceding fiscal year; and
``(ii) the change, relative to the
preceding fiscal year, in the Consumer Price
Index for All Urban Consumers published by the
Department of Labor.''.
SEC. 4. EXTENSION OF EXCEPTION TO LIMITATION ON TRANSFERS TO FUND.
Section 9504(d)(2) of the Internal Revenue Code of 1986 is amended
by striking ``2011,'' and inserting ``2017,''.
SEC. 5. RECREATIONAL BOATING SAFETY.
Section 13107 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking ``two'' and inserting
``1.5''; and
(2) in subsection (c)(1)--
(A) by striking ``subsection (a)(2)'' and inserting
``subsection (b)'';
(B) by striking ``(16 U.S.C. 777c(a)(2)),'' and
inserting ``(16 U.S.C. 777c(b)),''; and
(C) by striking ``$5,500,000'' and inserting
``$6,500,000''. | Sport Fish Restoration and Recreational Boating Safety Act of 2011 - Amends the Federal Aid in Fish Restoration Act to maintain through FY2017 the existing percentages of annual Sport Fish Restoration and Boating Trust Fund appropriations distributed to: (1) the Secretary of the Interior for coastal wetlands distributions, the Clean Vessel Act, boating infrastructure, and national outreach and communications; and (2) the Secretary of the department in which the Coast Guard is operating for state recreational boating safety programs.
Sets forth, through FY2017, separate set-aside amounts for: (1) the Secretary of the Interior for administration expenses of the Dingell-Johnson Sport Fish Restoration Act; and (2) the Secretary of the department in which the Coast Guard is operating for national recreational boating safety personnel and activities, the National Boating Safety Advisory Council, and national nonprofit boating safety public service organizations.
Amends the Internal Revenue Code to extend Fund transfer restriction exceptions until March 5, 2017.
Revises the formulas for apportioning unobligated amounts among states and paying the costs of administering recreational boating safety programs. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AmeriCorps Disaster Relief Corps Act
of 2005''.
SEC. 2. AUTHORITY.
The Corporation for National and Community Service (referred to in
this Act as the ``Corporation''), pursuant to section 126(b) of the
National and Community Service Act of 1990 (42 U.S.C. 12576(b)), shall
carry out the activities authorized under this Act.
SEC. 3. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS.
(a) Establishment.--There is established an AmeriCorps Disaster
Relief Corps, to be administered by the Corporation, to carry out full-
or part-time service projects that provide food, clothing, shelter, and
other humanitarian assistance for victims of major disasters and
emergencies, projects involving cleaning, repair, and reconstruction of
structures, facilities, and lands located within the disaster area, and
other projects arising from the consequences of major disasters and
emergencies.
(b) Recruitment of Participants and Eligibility.--
(1) Recruitment.--The Corporation shall endeavor to recruit
up to 10,000 additional eligible participants for the national
service program established under subsection (a).
(2) Eligibility.--Eligibility to participate in the
national service program established under subsection (a) shall
be on the same basis as for participation in an approved
national service position authorized by subtitle C or E of
title I of the National and Community Service Act (42 U.S.C.
12571 et seq.) or by title I of the Domestic Volunteer Service
Act of 1973 (42 U.S.C. 4951 et seq.). Individuals selected as
participants in the program shall be eligible for living
allowances, educational awards, and other support authorized
for participants in approved national service positions under
such Acts.
(3) Priority.--In conducting recruiting under paragraph
(1), the Corporation and recipients of assistance to operate
projects shall give priority to those individuals dislocated as
a result of major disasters and emergencies and may permit
alternative documentation requirements relating to
demonstrating eligibility of such individuals.
(c) Projects.--Participants for the national service program
established under subsection (a) may serve on projects that--
(1) help those affected by major disasters and emergencies
assess their needs;
(2) assist in the construction of temporary housing for the
displaced victims of a major disaster or emergency;
(3) provide relocation services for victims of the
hurricane, including food, water and clothing distribution and
housing location services;
(4) conduct outreach to local businesses, building owners,
and others with applications for disaster relief and for other
assistance to be provided by Federal or State government;
(5) provide employment services for victims, such as
identifying job training, job placement, and other
opportunities;
(6) conduct environmental surveys, monitoring water quality
and determining the environmental impact on the affected
region;
(7) provide teaching and administrative support functions
for school systems where displaced children have enrolled;
(8) work with schools to identify and mentor students
coping with the impact of a major disaster or emergency;
(9) work with public officials to prepare them for future
disasters or emergencies; and
(10) otherwise assist with the rebuilding of the affected
regions.
SEC. 4. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH
FEDERAL AGENCIES.
The Corporation may use funds authorized under this Act in support
of projects or activities consistent with those specified in section
3(c) to--
(1) make grants to, or enter into agreements with States,
subdivisions of States, or other organizations to support
AmeriCorps projects under section 121 of the National and
Community Service Act (42 U.S.C. 12571);
(2) support the National Civilian Community Corps
authorized under subtitle E of title I of the National and
Community Service Act (42 U.S.C. 12611);
(3) support the VISTA program under title I of the Domestic
Volunteer Service Act (42 U.S.C. 4451 et seq.); and
(4) enter into a contract or cooperative or other agreement
with another Federal agency.
SEC. 5. DEFINITIONS.
As used in this Act, the terms ``emergency'' and ``major disaster''
have the meaning given such terms in paragraphs (1) and (2) of section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C 5122(1) and (2)).
SEC. 6. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST.
The Corporation shall transfer funds to the National Service Trust
established in section 145 of the National and Community Service Act
(42 U.S.C. 12601) an amount required under the Strengthen AmeriCorps
Program Act of 2003 (Public Law 108-45) (42 U.S.C. 12605 et seq.) to
provide educational awards and related assistance authorized under
subtitle D of title I of the National and Community Service Act (42
U.S.C. 12601 et. seq.)
SEC. 7. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD.
Notwithstanding any other provision of law, an individual serving
in a program authorized by this Act may serve a third term of service
in an approved national service position and may receive in-service
benefits and a post-service educational award authorized under the
national service laws on the same basis as an individual serving in a
first or second term of service.
SEC. 8. ADMINISTRATIVE EXPENSES.
The Corporation may use up to two percent of funds authorized under
section 12 for the administration of this Act.
SEC. 9. ACCEPTANCE OF DONATED SERVICES.
Section 196(a)(2) (42 U.S.C. 12651g(a)(2)) of the National and
Community Service Act is amended by striking ``money or property'' and
inserting ``money, services, or property''.
SEC. 10. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS.
Notwithstanding any other provision of law, funds provided under
this Act to administer, reimburse, or support any national service
program authorized under the national service laws, shall not be
considered in applying any limitation on funding for such programs in
annual appropriations Acts.
SEC. 11. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES.
Notwithstanding any other provision of law, the Corporation may use
funds authorized under this Act to enter into a contract or cooperative
agreement with another Federal agency to support a national service
program carried out by that agency consistent with section 121(b) of
the National and Community Service Act of 1990 (42 U.S.C. 12571(b)).
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Corporation
$150,000,000 for each of fiscal years 2006 and 2007 to carry out this
Act. | AmeriCorps Disaster Relief Corps Act of 2005 - Establishes an AmeriCorps Disaster Relief Corps, administered by the Corporation for National and Community Service, to carry out service projects that: (1) provide food, clothing, shelter, and other humanitarian assistance for victims of major disasters and emergencies; (2) involve cleaning, repair, and reconstruction of structures, facilities, and lands located within the disaster area; and (3) perform other activities in response to the consequences of major disasters and emergencies.
Authorizes the Corporation to: (1) make grants to, or enter into agreements with states, local governments, or other organizations to support AmeriCorps projects; (2) support the National Civilian Community Corps authorized under the National and Community Service Act; (3) support the VISTA program under the Domestic Volunteer Service Act; and (4) enter into a contract or other agreement with another Federal agency. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Roads-Community Right-To-Know
Act''.
SEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR
PERMANENT CLOSURE OF FOREST ROADS.
(a) Definitions.--In this section:
(1) Permanent closure.--The term ``permanent closure'',
with respect to a forest road, means the closure of the road to
vehicular traffic for a continuous period of more than one
year. The term includes a road closure of one year or less, or
of an unspecified duration, unless the Secretary concerned
certifies at the time of the closure that the closure will not
extend beyond one year.
(2) Forest road.--The term ``forest road'' means any road
on Federal lands.
(3) Federal lands.--The term ``Federal lands'' means--
(A) lands administered by the Bureau of Land
Management; and
(B) lands within units of the National Forest
System.
(4) State and local government officials.--The term ``State
and local government officials'' means elected officials of
States and counties within which Federal lands are located.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to the Federal lands described in
paragraph (3)(A), the Secretary of the Interior; and
(B) with respect to the Federal lands described in
paragraph (3)(B), the Secretary of Agriculture.
(b) Advance Notice of Permanent Road Closures to State and Local
Government Officials.--
(1) Purpose.--The purpose of this subsection is to ensure
that the Secretary concerned involves State and local
government officials in the process by which the Secretary
concerned considers and plans for the potential permanent
closure of forest roads on Federal lands.
(2) Annual meetings required.--At least once each fiscal
year, the Secretary concerned shall meet with appropriate State
and local government officials to describe all agency plans or
proposals that, within the next two fiscal years, will or may
result in the permanent closure of forest roads on Federal
lands. Such agency plans or proposals include project
proposals, land management plan amendments or revisions,
resource management plan amendments or revisions, and regional
or subregional plans or proposals
(3) Elements of notice.--At a meeting under paragraph (2),
the Secretary concerned shall provide information, using maps
and other means, that at a minimum--
(A) shows forest roads selected or proposed for
permanent closure;
(B) shows traffic patterns and volumes on the roads
over the previous five years; and
(C) explains how users of the roads will be
adversely affected with longer travel times or adverse
travel conditions by the permanent closure of the
roads.
(4) Special rule for first meeting.--At the first meeting
conducted under paragraph (2) for a State or local government,
the Secretary concerned shall also provide information on all
forest roads that have been subject to permanent closure in
that State during the previous five years. The information
shall include a map showing the location of the forest
roads and a description of the methods and costs of the permanent
closure of the forest roads.
(c) Public Notice and Comment Requirements.--
(1) Local notice.--Before proceeding with the permanent
closure of a forest road, the Secretary concerned shall publish
an announcement describing the proposed closure in the local
newspaper of record for the area likely to be affected by the
permanent closure of the road. The announcement shall include a
description and map of the forest road selected or proposed for
permanent closure and a description of any comments generated
regarding the closure in meetings with State and local
government officials under subsection (b).
(2) Comment period.--The permanent closure of a forest road
may not take effect until after the end of the 90-day period
beginning on the date that the announcement under paragraph (1)
was published regarding that road so as to permit the public to
submit comments regarding the decision to select or propose the
forest road for permanent closure.
(d) Prohibition on Permanent Road Closures.--The permanent closure
of a forest road is prohibited unless--
(1) advance notice of the permanent closure of the road is
provided to the appropriate State and local government
officials in the manner provided in subsection (b); and
(2) the Secretary complies with the public notice and
comment requirements under subsection (c).
(e) Application of Requirements.--The requirements of this section
shall take effect on the date of the enactment of this Act, except that
the prohibition contained in subsection (d)(1) shall not apply to
prohibit the permanent closure of any forest road implemented during
the fiscal year in which this section is enacted.
(f) Effect on Valid and Existing Rights.--Nothing in this section
shall invalidate rights-of-way designated under section 2477 of the
Revised Statutes of 1878 (43 U.S.C. 932) or other valid and existing
rights, including rights of ingress and egress.
(g) Compliance With State Laws.--In carrying out this section with
respect to a forest road, the Secretary concerned shall comply with the
applicable laws of the State in which the forest road is located.
SEC. 3. EMERGENCIES.
(a) Emergency Road Closures.--Subject to subsection (b), the
requirements of section 2 shall not apply to emergency road closures
where life or property would be endangered or threatened in the absence
of the road closure.
(b) Length of Closure.--If an emergency road closure will extend
beyond one year, the Secretary concerned shall comply with the
requirements of section 2 within three months after the date on which
the emergency road closure commenced. | Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice showing affected roads and traffic patterns; and (2) provide for public notice and comment.
Requires: (1) the Secretaries to meet annually with State and local officials to describe agency proposals that will or may result in permanent road closures within the coming two fiscal years; and (2) information to be provided at the first meeting respecting the previous five years' road closings. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Savings Account Availability
Act of 2001''.
SEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS.
(a) Repeal of Limitations on Number of Medical Savings Accounts.--
(1) In general.--Subsections (i) and (j) of section 220 of
the Internal Revenue Code of 1986 are hereby repealed.
(2) Conforming amendments.--
(A) Paragraph (1) of section 220(c) of such Code is
amended by striking subparagraph (D).
(B) Section 138 of such Code is amended by striking
subsection (f).
(b) Availability Not Limited to Accounts for Employees of Small
Employers and Self-Employed Individuals.--
(1) In general.--Subparagraph (A) of section 220(c)(1) of
such Code (relating to eligible individual) is amended to read
as follows:
``(A) In general.--The term `eligible individual'
means, with respect to any month, any individual if--
``(i) such individual is covered under a
high deductible health plan as of the 1st day
of such month, and
``(ii) such individual is not, while
covered under a high deductible health plan,
covered under any health plan--
``(I) which is not a high
deductible health plan, and
``(II) which provides coverage for
any benefit which is covered under the
high deductible health plan.''.
(2) Conforming amendments.--
(A) Section 220(c)(1) of such Code is amended by
striking subparagraph (C).
(B) Section 220(c) of such Code is amended by
striking paragraph (4) (defining small employer) and by
redesignating paragraph (5) as paragraph (4).
(C) Section 220(b) of such Code is amended by
striking paragraph (4) (relating to deduction limited
by compensation) and by redesignating paragraphs (5),
(6), and (7) as paragraphs (4), (5), and (6),
respectively.
(c) Increase in Amount of Deduction Allowed for Contributions to
Medical Savings Accounts.--
(1) In general.--Paragraph (2) of section 220(b) of such
Code is amended to read as follows:
``(2) Monthly limitation.--The monthly limitation for any
month is the amount equal to \1/12\ of the annual deductible
(as of the first day of such month) of the individual's
coverage under the high deductible health plan.''.
(2) Conforming amendment.--Clause (ii) of section
220(d)(1)(A) of such Code is amended by striking ``75 percent
of''.
(d) Both Employers and Employees May Contribute to Medical Savings
Accounts.--Paragraph (4) of section 220(b) of such Code (as
redesignated by subsection (b)(2)(C)) is amended to read as follows:
``(4) Coordination with exclusion for employer
contributions.--The limitation which would (but for this
paragraph) apply under this subsection to the taxpayer for any
taxable year shall be reduced (but not below zero) by the
amount which would (but for section 106(b)) be includible in
the taxpayer's gross income for such taxable year.''.
(e) Reduction of Permitted Deductibles Under High Deductible Health
Plans.--
(1) In general.--Subparagraph (A) of section 220(c)(2) of
such Code (defining high deductible health plan) is amended--
(A) by striking ``$1,500'' in clause (i) and
inserting ``$1,000''; and
(B) by striking ``$3,000'' in clause (ii) and
inserting ``$2,000''.
(2) Conforming amendment.--Subsection (g) of section 220 of
such Code is amended to read as follows:
``(g) Cost-of-Living Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 1998, each dollar amount in
subsection (c)(2) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins by substituting `calendar year
1997' for `calendar year 1992' in subparagraph (B)
thereof.
``(2) Special rules.--In the case of the $1,000 amount in
subsection (c)(2)(A)(i) and the $2,000 amount in subsection
(c)(2)(A)(ii), paragraph (1)(B) shall be applied by
substituting `calendar year 2000' for `calendar year 1997'.
``(3) Rounding.--If any increase under paragraph (1) or (2)
is not a multiple of $50, such increase shall be rounded to the
nearest multiple of $50.''.
(f) Providing Incentives for Preferred Provider Organizations To
Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of
such Code is amended by striking ``preventive care if'' and all that
follows and inserting ``preventive care.''
(g) Medical Savings Accounts May Be Offered Under Cafeteria
Plans.--Subsection (f) of section 125 of such Code is amended by
striking ``106(b),''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Medical Savings Account Availability Act of 2001 - Amends the Internal Revenue Code with respect to medical savings accounts to: (1) repeal restrictions on the number of accounts which may be established; and (2) expand the availability of such accounts to individuals other than the self-employed and employees of small employers. | [
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SECTION 1. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS CONVICTED
OF COMMITTING CAPITAL OFFENSES MAY BE INTERRED IN
NATIONAL CEMETERIES.
(a) Prohibition of Interment in National Cemetery.--Section 2411 of
title 38, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``for which the
person was sentenced to death or life imprisonment'';
and
(B) in paragraph (2), by striking ``for which the
person was sentenced to death or life imprisonment
without parole''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the death
penalty or life imprisonment'' and inserting ``a life
sentence or the death penalty''; and
(B) in paragraph (2), by striking ``the death
penalty or life imprisonment without parole may be
imposed'' and inserting ``a life sentence or the death
penalty may be imposed''.
(b) Rulemaking.--The Secretary of Veterans Affairs shall prescribe
regulations to ensure that a person is not interred in any cemetery in
the National Cemetery System unless a good faith effort has been made
to determine whether such person is described in section 2411(b) of
title 38, United States Code, or is otherwise ineligible for such
interment under Federal law.
SEC. 2. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS COMMITTING
CAPITAL OFFENSES ARE DENIED INTERMENT IN MILITARY
CEMETERIES AND FUNERAL HONORS.
(a) Prohibition of Interment in Military Cemetery.--Section 985 of
title 10, United States Code, is amended--
(1) in subsection (a), by striking ``who has been convicted
'' and all that follows through ``without parole'' and
inserting ``described in section 2411(b) of title 38'';
(2) in subsection (b), by striking ``convicted of a capital
offense under Federal law'' and inserting ``described in
section 2411(b) of title 38''; and
(3) by striking subsection (c) and inserting the following:
``(c) Definition.--In this section, the term `burial' includes
inurnment.''.
(b) Denial of Funeral Honors.--Section 1491(h) of title 10, United
States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Exception for Veterans Convicted of Committing Capital
Crimes.--In accordance with section 985(a) of this title, the Secretary
of Defense shall not ensure that funeral honors are provided under this
section for a person described in section 2411(b) of title 38.''.
(c) Rulemaking.--The Secretary of Defense shall prescribe
regulations to ensure that a person is not interred in a cemetery
referred to in paragraph (1), (2), or (3) of section 985(b) of title
10, United States Code, or provided funeral honors under section 1491
of such title unless a good faith effort has been made to determine
whether such person is a person described in section 2411(b) of title
38, United States Code, or is otherwise ineligible for such interment
or honors under Federal law.
SEC. 3. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON
NATIONAL CEMETERY.
(a) Findings.--Congress finds the following:
(1) Arlington National Cemetery is a national shrine that
memorializes the honorable service of members of the Armed
Forces who have defended the freedoms that all Americans enjoy.
(2) The inclusion among the honored dead interred at
Arlington National Cemetery of persons who have committed
particularly notorious, heinous acts brings dishonor to those
honored dead and disrespect to their loved ones.
(3) The removal from Arlington National Cemetery of the
remains of a person who has committed a heinous act would not
be an act of punishment against that person, but rather an act
that would preserve the sacredness of the cemetery grounds.
(b) Removal of Remains.--
(1) Removal.--The Secretary of the Army shall remove the
remains of Russell Wayne Wagner from Arlington National
Cemetery.
(2) Notification of next-of-kin.--On or before the date on
which the remains of Russell Wayne Wagner are removed, the
Secretary of the Army shall notify the next-of-kin of record
for Russell Wayne Wagner of the removal of his remains
(3) Reinternment.--Upon the removal of the remains of
Russell Wayne Wagner, the Secretary of the Army shall arrange
for the internment or inurnment of those remains in a public or
private cemetery or, if requested, relinquish the remains to
the next-of-kin of record. | Prohibits the interment or memorialization in a national or military cemetery of, or the performance of military funeral honors for, any person convicted of a federal or state capital crime for which a life sentence or the death penalty may be imposed. (Currently, such prohibition extends only to those so convicted who have been sentenced to death or life imprisonment without parole.)
Directs the Secretaries of Veterans Affairs and Defense to prescribe regulations to ensure that a person is not interred in a national or military cemetery or provided funeral honors unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors.
Directs the Secretary of the Army to remove the remains of Russell Wayne Wagner from Arlington National Cemetery. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Antibiotics for
Human Treatment Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Several antibiotics and classes of antibiotics,
particularly penicillins, tetracyclines, macrolides (including
but not limited to erythromycin and tylosin), lincomycin,
bacitracin, virginiamycin, aminoglycosides, and sulfonamides,
that either are used in or are related to antibiotics used in
humans to treat infectious diseases are also routinely
administered to healthy agricultural animals, generally via
feed or water, in order to promote the animals' growth or to
prevent disease. Such uses do not require a veterinarian's
prescription.
(2) Mounting scientific evidence shows that this
nontherapeutic use of antibiotics in agricultural animals can
lead to development of antibiotic-resistant bacteria that can
be transferred to people, making it harder to treat certain
infections.
(3) In 1969, the Swann Committee was formed in the United
Kingdom to examine the public health effects of use of
antimicrobial drugs in food-producing animals. The Committee
recommended that antimicrobials be divided into ``feed'' and
``therapeutic'' classes of drugs and that the ``feed'' class
not include drugs used therapeutically in humans or animals.
Most developed countries in the world, with the exception of
the United States and Canada, restrict the use of
antimicrobials in animal production systems for growth
promotion.
(4) In 1997, the World Health Organization recommended that
antibiotics used to treat humans should not also be used to
promote animal growth, although such antibiotics could still be
used to treat ill animals.
(5) In July 1998, the National Academy of Sciences, in a
report prepared at the request of the United States Department
of Agriculture and the Food and Drug Administration, concluded
``there is a link between the use of antibiotics in food
animals, the development of bacterial resistance to these
drugs, and human disease''.
(6) In December 1998, health ministers for the European
Union countries voted to ban the remaining human-use
antibiotics still in use to promote animal growth. The ban on
using virginiamycin, tylosin, spiramycin, and bacitracin in
animal feed became effective for the 15 member states of the
European Union on July 1, 1999. Prior to that action,
individual European countries, including the United Kingdom,
Denmark, Finland, and Sweden, had banned the use in animal feed
of specific antibiotics.
(7) An April 1999 study by the General Accounting Office
concluded that resistant strains of three microorganisms that
cause foodborne illness or disease in humans--salmonella,
campylobacter, and E. coli--are linked to the use of
antibiotics in animals.
(8) In October 2000, the Food and Drug Administration
issued a notice announcing its intention to withdraw approvals
for use of fluoroquinolone antibiotics in poultry, in light of
the fact that increased resistance to fluoroquinolones in
certain bacteria followed approval of those antibiotics for
such use in the mid-1990s. While one company (Abbott
Laboratories) immediately agreed to voluntarily withdraw its
product, the only other manufacturer (Bayer Corp.) is
contesting FDA's proposed withdrawal and continues to market
its product. Previous proceedings by FDA to withdraw approval
of animal drugs have taken substantial amounts of time
following initiation of formal action by FDA, including 6 years
in one instance and 20 in another.
(9) In November 2000, the American Medical Association,
American Public Health Association, and other health
organizations urged Bayer Corp. to comply voluntarily with
FDA's proposed ban.
(10) In June 2001, the American Medical Association adopted
a resolution opposing nontherapeutic use of antimicrobials in
animal agriculture. Organizations that have taken a similar
position include the American College of Preventive Medicine,
the American Public Health Association, and the Council of
State and Territorial Epidemiologists.
(11) In October 2001, the New England Journal of Medicine
published a guest editorial titled ``Antimicrobials in Animal
Feed--Time to Stop''. The editorial urged a ban on
nontherapeutic use in animals of medically important
antibiotics, and on use in animals of fluoroquinolones.
(12) In January 2001, a Federal Interagency Task Force
released an Action Plan, which notes that ``drug-resistant
pathogens are a growing menace to all people, regardless of
age, gender, or socioeconomic background. If we do not act to
address the problem... [d]rug choices for the treatment of
common infections will become increasingly limited and
expensive--and, in some cases, nonexistent.''.
(13) Scientific studies have shown that resistance traits
can be transferred among unrelated species of bacteria,
including from nonpathogens to pathogens.
SEC. 3. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS.
(a) Nontherapeutic Use; Applications Pending on or Submitted After
Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b(d)(1)) is amended--
(1) in subparagraph (H), by striking ``or'' at the end;
(2) by redesignating subparagraph (I) as subparagraph (J);
(3) by inserting after subparagraph (H) the following
subparagraph:
``(I) such drug is an antimicrobial new animal drug and the
applicant has failed to demonstrate that there is a reasonable
certainty of no harm to human health due to the development of
antimicrobial resistance that is attributable, in whole or in
part, to the nontherapeutic use of such drug; or''; and
(4) in the matter after and below subparagraph (J) (as
redesignated by paragraph (2) of this subsection), by striking
``(A) through (I)'' and inserting ``(A) through (J)''.
(b) Nontherapeutic Use; Rescinding of Approval for Certain
Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the
following subsection:
``(q) With respect to each antimicrobial new animal drug for which,
as of the day before the date of the enactment of the Preservation of
Antibiotics for Human Treatment Act of 2002, there was in effect an
approval of an application filed pursuant to subsection (b), the
approval of a nontherapeutic use of such drug (including use through
animal feed that bears or contains such drug) is subject to the
following, as applicable:
``(1) In the case of penicillins, tetracyclines, macrolides
(including but not limited to erythromycin and tylosin),
lincomycin, bacitracin, virginiamycin, aminoglycosides, and
sulfonamides:
``(A) Each approval of a nontherapeutic use of any
of such drugs in an animal is rescinded upon the
expiration of the two-year period beginning on such
date of enactment unless, before the expiration of such
period, the Secretary determines that the holder of the
approved application has demonstrated that there is a
reasonable certainty of no harm to human health due to
the development of antimicrobial resistance that is
attributable, in whole or in part, to the
nontherapeutic use of such drug.
``(B) In carrying out subparagraph (A), the
Secretary may not consider any data regarding the
antimicrobial new animal drug involved that is
submitted to the Secretary after the expiration of the
180-day period beginning on such date of enactment,
unless such data were not available for submission
within such 180-day period.
``(C) If pursuant to subparagraph (A) the Secretary
determines, with respect to the antimicrobial new
animal drug involved, that there is not a reasonable
certainty of no harm to human health, the Secretary may
issue an order withdrawing approval of such drug at any
time before the date on which the drug would be
rescinded under such subparagraph.
``(2) In the case of an antimicrobial new animal drug that
is not referred to in paragraph (1):
``(A) If the Secretary grants an exemption under
section 505(i) regarding such a drug, or a drug with
substantially the same active ingredients, each
approval of a nontherapeutic use of such new animal
drug in an animal is rescinded upon the expiration of
the two-year period beginning on the date on which the
Secretary provides notice in accordance with
subparagraph (C) regarding the new animal drug, except
as provided in subparagraph (D). Such notice shall be
so provided not later than 10 days after the date on
which the Secretary grants the exemption under section
505(i).
``(B) If an application for such a drug, or a drug
with substantially the same active ingredients, is
submitted to the Secretary under section 505(b) or
under section 351 of the Public Health Service Act, and
the Secretary has not previously granted an exemption
under section 505(i) regarding the drug, each approval
of a nontherapeutic use of such new animal drug in an
animal is rescinded upon the expiration of the two-year
period beginning on the date on which the Secretary
provides notice in accordance with subparagraph (C)
regarding the new animal drug, except as provided in
subparagraph (D). Such notice shall be so provided
not later than 10 days after the date on which the Secretary receives
the application under section 505(b) or under such section 351, as the
case may be.
``(C) For purposes of subparagraph (A) and (B),
notice regarding the antimicrobial new animal drug
involved is provided in accordance with this
subparagraph if the Secretary informs the holder of the
approved application for the nontherapeutic use of such
drug, in writing, of the applicability of this
paragraph to such application (including that approval
of the application will be rescinded, except as
provided in subparagraph (D), and including the
opportunity under subparagraph (E) to submit data).
``(D) Subparagraph (A) or (B), as the case may be,
applies to the antimicrobial new animal drug involved
unless, before the date on which approval would be
rescinded under such subparagraph, the Secretary
determines that the holder of the approved application
has demonstrated that there is a reasonable certainty
of no harm to human health due to the development of
antimicrobial resistance that is attributable, in whole
or in part, to the nontherapeutic use of such drug.
``(E) In carrying out subparagraph (A) or (B), the
Secretary may not consider any data regarding the
antimicrobial new animal drug involved that is
submitted to the Secretary after the expiration of the
180-day period beginning on the date on which the
Secretary provides notice in accordance with
subparagraph (C) to the holder of the approved
application for the nontherapeutic use of such drug.
``(F) If pursuant to subparagraph (A) or (B) the
Secretary determines, with respect to the antimicrobial
new animal drug involved, that there is not a
reasonable certainty of no harm to human health, the
Secretary may issue an order withdrawing approval of
such drug at any time before the date on which the drug
would be rescinded under such subparagraph.''.
(c) All Uses of Fluoroquinolones in Poultry; Rescinding of Approval
for Currently Approved Drugs.--Section 512 of the Federal Food, Drug,
and Cosmetic Act, as amended by subsection (b) of this section, is
amended by adding at the end the following:
``(r) With respect to a fluoroquinolone for which, as of the day
before the date of the enactment of the Preservation of Antibiotics for
Human Treatment Act of 2002, there was in effect an approval of an
application filed pursuant to subsection (b), the use of such drug
(including use through animal feed that bears or contains such drug) is
subject to the following:
``(1) Each approval of the use of such drug in poultry is
rescinded upon the expiration of the 180-day period beginning
on such date of enactment unless, before the expiration of such
period, the Secretary determines that the holder of the
approved application has demonstrated that there is a
reasonable certainty of no harm to human health due to the
development of antimicrobial resistance that is attributable,
in whole or in part, to the use of such drug in poultry.
``(2) In carrying out paragraph (1), the Secretary may not
consider any data regarding a fluoroquinolone that is submitted
to the Secretary by the holder of the approved application
unless such data has been submitted to FDA Docket No. 00N-1571.
The preceding sentence may not be construed as requiring the
Secretary to accept further submissions to such docket if the
period designated by the Secretary for the receipt of such
submissions has ended.''.
(d) Definition of Nontherapeutic Use.--Section 512 of the Federal
Food, Drug, and Cosmetic Act, as amended by subsection (c) of this
section, is amended by adding at the end the following:
``(s) For purposes of this section, the term `nontherapeutic use',
with respect to an antimicrobial new animal drug, means any use of such
drug in an animal in the absence of disease, including use for growth
promotion, feed efficiency, or routine disease prevention.''. | Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to refuse to approve an application for an antimicrobial new animal drug when the applicant fails to demonstrate to a reasonable certainty that human health will not be harmed because of the development of antimicrobial resistance attributable to the nontherapeutic use of such drug.Rescinds within a specified period existing approvals and exemptions concerning the nontherapeutic use of certain antimicrobial drugs until the applicant meets the same standard of lack of harm to human health as required for new animal drugs, including the use of penicillins, tetracyclines, macrolides, lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides in an animal and fluroroquinolones in poultry. | [
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SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (50-percent exclusion for gain
from certain small business stock) is amended--
(A) by striking ``50 percent'' and inserting ``75
percent'', and
(B) by striking ``50-Percent'' in the heading and
inserting ``75-Percent''.
(2) Conforming amendments.--
(A) Paragraph (8) of section 1(h) of such Code is
amended to read as follows:
``(8) Section 1202 gain.--For purposes of this subsection,
the term `section 1202 gain' means an amount equal to 25
percent of the gain which would be excluded from gross income
under section 1202(a) without regard to the 75 percent
limitation in such section.''
(B) The heading for section 1202 of such Code is
amended by striking ``50-percent'' and inserting ``75-
percent''.
(C) The table of sections for part I of subchapter
P of chapter 1 of such Code is amended by striking
``50-percent'' in the item relating to section 1202 and
inserting ``75-percent''.
(b) Reduction in Holding Period.--
(1) In general.--Subsection (a) of section 1202 of such
Code is amended by striking ``5 years'' and inserting ``3
years''.
(2) Conforming amendment.--Subsections (g)(2)(A) and
(j)(1)(A) of section 1202 of such Code are each amended by
striking ``5 years'' and inserting ``3 years''.
(c) Exclusion Available to Corporations.--
(1) In general.--Subsection (a) of section 1202 of such
Code is amended by striking ``other than a corporation''.
(2) Technical amendment.--Subsection (c) of section 1202 of
such Code is amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''
(d) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of such Code
(relating to items of tax preference) is amended by striking
paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(e) Stock of Larger Businesses Eligible for Exclusion.--
(1) In general.--Paragraph (1) of section 1202(d) of such
Code (defining qualified small business) is amended by striking
``$50,000,000'' each place it appears and inserting
``$300,000,000''.
(2) Inflation adjustment.--Section 1202(d) of such Code is
amended by adding at the end the following:
``(4) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 1999, the
$300,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 1998' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''
(f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is
amended by striking subsection (b).
(g) Other Modifications.--
(1) Repeal of working capital limitation.--Section
1202(e)(6) of such Code (relating to working capital) is
amended--
(A) in subparagraph (B), by striking ``2 years''
and inserting ``5 years''; and
(B) by striking the last sentence.
(2) Exception from redemption rules where business
purpose.--Section 1202(c)(3) of such Code (relating to certain
purchases by corporation of its own stock) is amended by adding
at the end the following:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitations of this section.''
(h) Qualified Trade or Business.--Section 1202(e)(3) of such Code
(defining qualified trade or business) is amended by inserting ``and''
at the end of subparagraph (C), by striking ``, and'' at the end of
subparagraph (D) and inserting a period, and by striking subparagraph
(E).
(i) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section apply to stock issued after the
date of enactment of this Act.
(2) Special rule.--The amendments made by subsections (a),
(c), (e), (f), and (g)(1) apply to stock issued after August
10, 1993.
SEC. 2. INCREASED EXCLUSION FOR INCENTIVE STOCK OPTIONS; EXCEPTION FROM
ALTERNATIVE MINIMUM TAX.
(a) Increased Exclusion.--Subsection (d) of section 422 of the
Internal Revenue Code of 1986 (relating to $100,000 per year
limitation) is amended by striking ``$100,000'' each place it appears
and inserting ``$200,000''.
(b) Exception From Alternative Minimum Tax.--Subsection (b) of
section 56 of such Code is amended by striking paragraph (3).
(c) Effective Date.--The amendments made by this section shall
apply to options exercised in calendar years beginning after the date
of the enactment of this Act. | Amends Internal Revenue Code provisions concerning the exclusion of gain from certain small business stock to, among other things: (1) increase from 50 to 75 percent the amount of gain excluded from the sale certain small business stock; (2) reduce from five to three years the holding period applicable to such a sale; (3) make such exclusion available to corporations; and (4) make the stock of larger businesses eligible.
Doubles the annual limitation on incentive stock options. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Relief Act of 2007''.
SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY
UNINSURED INDIVIDUALS.
(a) Allowance of Credit.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable personal credits) is amended by redesignating
section 36 as section 37 and by inserting after section 35 the
following new section:
``SEC. 36. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS.
``(a) Allowance of Credit.--In the case of a previously uninsured
individual, there shall be allowed as a credit against the tax imposed
by this subtitle for the taxable year an amount equal to the amount
paid by the taxpayer during such taxable year for health insurance
coverage for the taxpayer and the taxpayer's spouse and dependents.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for the taxable year shall not exceed $1,000 ($2,000 in the case of
a joint return filed by 2 previously uninsured individuals).
``(c) Definitions.--For purposes of this section--
``(1) Previously uninsured individual.--The term
`previously uninsured individual' means any individual who had
no health insurance coverage at any time during the 6-month
period before the earliest date that such individual has health
insurance coverage by reason of the payments taken into account
under subsection (a).
``(2) Health insurance coverage.--The term `health
insurance coverage' has the meaning given to such term by
section 9832(b)(1).
``(d) Special Rules.--
``(1) Coordination with other benefits.--The amount which
would (but for this paragraph) be taken into account by the
taxpayer under sections 35, 162(l), 213, 220, or 223 for the
taxable year shall be reduced by the credit allowed by this
section to the taxpayer for such year.
``(2) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``, 36,'' after ``35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following:
``Sec. 36. Health insurance costs of previously uninsured individuals.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES.
(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:
``SEC. 45O. SMALL BUSINESS HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the health insurance credit determined under this
section for the taxable year is an amount equal to 35 percent of the
expenses paid by the taxpayer during the taxable year for health
insurance coverage for such year provided under a new health plan for
employees of such employer.
``(b) Limitations.--
``(1) Per employee dollar limitation.--The amount of
expenses taken into account under subsection (a) with respect
to any employee for any taxable year shall not exceed--
``(A) $800 in the case of self-only coverage, and
``(B) $2,000 in the case of family coverage.
In the case of an employee who is covered by a new health plan
of the employer for only a portion of such taxable year, the
limitation under the preceding sentence shall be an amount
which bears the same ratio to such limitation (determined
without regard to this sentence) as such portion bears to the
entire taxable year.
``(2) Period of coverage.--Expenses may be taken into
account under subsection (a) only with respect to coverage for
the 4-year period beginning on the date the employer
establishes a new health plan.
``(3) Employer must bear 65 percent of cost.--Expenses may
be taken into account under subsection (a) only if at least 65
percent of the cost of the coverage (without regard to this
section) is borne by the employer.
``(c) Definitions.--For purposes of this section--
``(1) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by section
9832(b)(1).
``(2) New health plan.--
``(A) In general.--The term `new health plan' means
any arrangement of the employer which provides health
insurance coverage to employees if--
``(i) such employer (and any predecessor
employer) did not establish or maintain such
arrangement (or any similar arrangement) at any
time during the 2 taxable years ending prior to
the taxable year in which the credit under this
section is first allowed, and
``(ii) such arrangement provides health
insurance coverage to at least 70 percent of
the qualified employees of such employer.
``(B) Qualified employee.--The term `qualified
employee' means any employee of an employer and shall
include a leased employee within the meaning of section
414(n).
``(3) Small employer.--The term `small employer' has the
meaning given to such term by section 4980D(d)(2); except
that--
``(A) only qualified employees shall be taken into
account, and
``(B) such section shall be applied by substituting
`100 employees' for `50 employees'.
``(d) Special Rules.--
``(1) Certain rules made applicable.--For purposes of this
section, rules similar to the rules of section 52 shall apply.
``(2) Amounts paid under salary reduction arrangements.--No
amount paid or incurred pursuant to a salary reduction
arrangement shall be taken into account under subsection (a).
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2008, each dollar
amount contained in subsection (b) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2006' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(e) Termination.--This section shall not apply to expenses paid
or incurred by an employer with respect to any arrangement established
on or after January 1, 2014.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by adding at
the end the following:
``(32) in the case of a small employer (as defined in
section 45O(c)(3)), the health insurance credit determined
under section 45O(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(e) Credit for Small Business Health Insurance Expenses.--
``(1) In general.--No deduction shall be allowed for that
portion of the expenses (otherwise allowable as a deduction)
taken into account in determining the credit under section 45O
for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45O(a).
``(2) Controlled groups.--Persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as 1 person for purposes of this section.''.
(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:
``Sec. 45O. Small business health insurance expenses.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2007, for arrangements established after the date of the
enactment of this Act. | Health Care Relief Act of 2007 - Amends the Internal Revenue Code to allow: (1) a refundable tax credit up to $1,000 for the health insurance coverage costs of a previously uninsured taxpayer, the taxpayer's spouse, and dependents; and (2) certain small business employers a business tax credit for amounts paid under a new health plan for employee health insurance coverage. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cheese Exchange Oversight
and Improvement Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that the operation of the National Cheese
Exchange and other cash markets is of national concern and in need of
Federal oversight because of the following:
(1) The National Cheese Exchange, located in Green Bay,
Wisconsin, is the dominant cash market for bulk cheese in the
United States.
(2) While less than 1 percent of the cheese produced in the
United States is sold on the National Cheese Exchange, the
price determined by the National Cheese Exchange acts as a
reference price for as much as 95 percent of the commercial
cheese transactions conducted in the United States.
(3) A 3-year federally funded investigation into the
activities of the National Cheese Exchange determined that the
National Cheese Exchange is very thinly traded, highly
concentrated, completely unregulated, and subject to
manipulation.
(4) The Coffee, Sugar, and Cocoa Exchange in New York, an
exchange regulated by the Commodity Futures Trading Commission,
trades futures contracts for cheese.
(5) The low volume in trading of cheese futures contracts
on the Coffee, Sugar, and Cocoa Exchange is partially related
to concerns about the lack of viability, and potential for
manipulation, in the dominant cash market for cheese, the
National Cheese Exchange.
(6) The National Cheese Exchange is completely unregulated
by any Federal or State agency.
(7) The Commodity Futures Trading Commission claims a lack
of authority to regulate or oversee the National Cheese
Exchange and similar cash markets.
SEC. 3. COMMODITY FUTURES TRADING COMMISSION REGULATION OF NATIONAL
CHEESE EXCHANGE AND SIMILAR CASH MARKETS.
The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by
inserting after section 20 (7 U.S.C. 24) the following new section:
``SEC. 21. COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND
SIMILAR CASH MARKETS.
``(a) Definition of Concentrated Cash Market.--In this section, the
term `concentrated cash market' means--
``(1) the National Cheese Exchange located in Green Bay,
Wisconsin; and
``(2) a cash market for a commodity if the Commission
determines that--
``(A) the cash market is geographically centralized
in the form of a market or exchange;
``(B) the cash market is very thinly traded or
highly illiquid;
``(C) the price established by the cash market
functions as a reference price for a majority of
commercial transactions off the cash market for the
commodity being traded;
``(D) trading in the cash market is concentrated
among relatively few buyers and sellers;
``(E) the cash market is substantially unregulated
by any other regulatory structure (including State
regulation or self-regulation);
``(F) a futures market regulated under this Act
also exists for the commodity that is being traded on
the cash market; and
``(G) the instability, illiquidity, or potential
for manipulation for on the cash market could be a
deterrent to the use of the futures market for that
commodity.
``(b) Regulation of Concentrated Cash Markets.--In consultation
with the Secretary of Agriculture, the Commission shall regulate a
concentrated cash market under this Act until such time as the
Commission determines that the concentrated cash market is not
functioning as a reference price for a majority of commercial
transactions off the cash market for the commodity being traded on the
concentrated cash market.
``(c) Submission and Review of Operating Rules.--The Commission
shall require a cash market that is subject to this section to--
``(1) Submission required.--The Commission shall require a
concentrated cash market subject to regulation under subsection
(b) to submit to the Commission for approval a set of rules
governing the operation of the concentrated cash market; and
``(2) Time for submission.--In the case of the National
Cheese Exchange, the operating rules required under this
subsection shall be submitted not later than 90 days after the
date of enactment of this section. In the case of other
concentrated cash markets, the operating rules shall be
submitted not later than 90 days after the date on which the
Commission notifies the concentrated cash market that it is
subject to regulation under this section.
``(3) Notification of commission action.--The Commission
shall promptly review operating rules submitted by a
concentrated cash market under this subsection to determine
whether the rules are sufficient to govern the operation of the
concentrated cash market. Not later than 60 days after
receiving the rules from a concentrated cash market, the
Commission shall notify the concentrated cash market of the
result of the review, including whether the rules are approved
or disapproved. If disapproved, the Commission shall provide
such recommendations regarding changes to the rules as the
Commission considers necessary to secure approval and provide a
schedule for resubmission of the rules.
``(4) Subsequent rule changes.--A concentrated cash market
may not change approved operating rules unless the proposed
change is also submitted to the Commission for review and the
Commission approves the change in the manner provided in
paragraph (3).
``(d) Effect of Failure To Submit or Receive Approval of Rules.--
Beginning 1 year after the date of the enactment of this section, the
National Cheese Exchange may operate only in accordance with rules
approved by the Commission under subsection (c). In the case of other
concentrated cash markets, beginning 1 year after the date on which the
concentrated cash market is notified that it is subject to regulation
under this section, the concentrated cash market may operate only in
accordance with rules approved by the Commission under subsection
(c).''. | National Cheese Exchange Oversight and Improvement Act of 1997 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission to regulate a concentrated cash market (as defined by this Act), including the National Cheese Exchange in Green Bay, Wisconsin, until the Commission determines that the market is not functioning as a reference price for off-market transactions of the commodity being traded on such market. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as ``SIG TARP Small Business Awareness Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Small businesses are going to be the driving force
behind revitalizing our economy.
(2) Small financial institutions are a primary financial
resource for small businesses.
(3) In a hearing of the Committee on Financial Services of
the House of Representatives, witnesses testified that smaller
financial institutions are having difficulty receiving funds
from the Troubled Asset Relief Program.
(4) In a hearing of the Committee on Financial Services of
the House of Representatives, witnesses also testified that
small businesses are having trouble receiving credit and
financial products from banks and other financial institutions.
SEC. 3. DUTIES OF THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET
RELIEF PROGRAM RELATING TO SMALL FINANCIAL INSTITUTIONS
AND BUSINESSES.
(a) In General.--Section 121(c) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(c)) is amended by adding at
the end the following new paragraph:
``(5) Effects of program on small financial institutions
and small businesses.--
``(A) Small financial institutions.--In conducting
audits and providing oversight of the Troubled Asset
Relief Program in accordance with this section, the
Special Inspector General shall examine how smaller
financial institutions are being affected by--
``(i) expenditures under the Program
(including the adequacy of financial assistance
provided to or on behalf of such smaller
financial institutions); and
``(ii) the considerations and
determinations of--
``(I) the Secretary under this
title; and
``(II) the regulators of such
smaller financial institutions, with
respect to capital adequacy and
troubled assets.
``(B) Small businesses.--In conducting audits and
providing oversight of the Troubled Asset Relief
Program, the Special Inspector General shall examine
the effects the provision of financial assistance under
this title has had on small businesses, including both
positive and negative effects and the extent of such
effects on small businesses generally and by type and
region.
``(C) Reports.--Any report prepared by the Special
Inspector General under this section shall include the
results of the activities of the Special Inspector
General under paragraphs (1) and (2).''.
(b) Report on Inclusion and Utilization of Women and Minorities.--
Section 121(i) of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5231(i)) is amended by adding at the end the following new
paragraph:
``(6) Report on inclusion and utilization of women and
minorities.--
``(A) In general.--The Special Inspector General
shall include in each quarterly report to the Congress
under paragraph (1) information on the activities of
the Secretary and any financial institutions receiving
financial assistance under this title to include and
utilize minorities (as such term is defined in section
1204(c) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and
women, and minority- and women-owned businesses (as
such terms are defined in section 21A(r)(4) of the
Federal Home Loan Bank Act), in any solicitation or
contract, including any contract to asset managers,
servicers, property managers, and other service
providers or expert consultants.
``(B) Information to be included.--The quarterly
report shall include information on the levels of
inclusion and utilization of women, minorities, and
women- and minority-owned businesses, including the
type of such contracts or solicitations, the dollar
amount of such contracts or solicitations, the total
number of such contracts or solicitations, and any
other information on the activities of the Secretary
and any financial institutions receiving financial
assistance under this title to increase the
participation of women, minorities ,and women- and
minority-owned businesses including recommendations
related to increasing such participation.''.
Passed the House of Representatives September 15, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | SIG TARP Small Business Awareness Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) to examine how smaller financial institutions are being affected by: (1) expenditures under TARP (especially the adequacy of financial assistance); (2) the considerations and determinations of the Secretary of the Treasury (Secretary) and the regulators of such smaller financial institutions regarding capital adequacy and troubled assets; and (3) the effects that TARP financial assistance has had upon small businesses, including by type and by region.
Instructs the SIG to include, in quarterly reports to Congress, information on actions by the Secretary and any financial institutions receiving TARP assistance to include and utilize minorities and women, and minority- and women-owned businesses, in any solicitation or contract.
Requires such reports to include information on: (1) the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses; (2) the type of such contracts or solicitations, their dollar amounts, and the total number of them; and (5) any other activities to increase the participation of women, minorities, and women- and minority-owned businesses, including recommendations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Call-Up Relief Act''.
SEC. 2. WAIVER OF EARLY WITHDRAWAL PENALTY FOR DISTRIBUTIONS FROM
QUALIFIED RETIREMENT PLANS TO INDIVIDUALS CALLED TO
ACTIVE DUTY DURING THE NATIONAL EMERGENCY DECLARED BY THE
PRESIDENT ON SEPTEMBER 14, 2001.
(a) Waiver For Certain Distributions.--
(1) In general.--Section 72(t)(2) of the Internal Revenue
Code of 1986 (relating to 10-percent additional tax on early
distributions from qualified retirement plans) is amended by
adding at the end the following:
``(G) Distributions to individuals performing
national emergency active duty.--Any distribution to an
individual who, at the time of the distribution, is a
member of a reserve component called or ordered to
active duty pursuant to a provision of law referred to
in section 101(a)(13)(B) of title 10, United States
Code, during the period of the national emergency
declared by the President on September 14, 2001.''.
(2) Waiver of underpayment penalty.--Section 6654(e)(3) of
such Code (relating to waiver in certain cases) is amended by
adding at the end the following:
``(C) Certain early withdrawals from retirement
plans.--No addition to tax shall be imposed under
subsection (a) with respect to any underpayment to the
extent such underpayment was created or increased by
any distribution described in section 72(t)(2)(G).''.
(3) Effective date.--The amendments made by this subsection
shall apply to distributions made to an individual after
September 13, 2001.
(b) Catch-up Contributions Allowed.--
(1) Individual retirement accounts.--Section 219(b)(5) of
the Internal Revenue Code of 1986 (relating to deductible
amount) is amended by adding at the end the following:
``(D) Catch-up contributions for certain
distributions.--In the case of an individual who has
received a distribution described in section
72(t)(2)(G), the deductible amount for any taxable year
shall be increased by an amount equal to--
``(i) the aggregate amount of such
distributions (not attributable to earnings)
made with respect to such individual, over
``(ii) the aggregate amount of such
distributions (not attributable to earnings)
previously taken into account under this
subparagraph or section 414(w).''.
(2) Roth iras.--Section 408A(c) of such Code (relating to
treatment of contributions) is amended by redesignating
paragraph (7) as paragraph (8) and by inserting after paragraph
(6) the following:
``(7) Catch-up contributions for certain distributions.--
Any contribution described in section 219(b)(5)(D) shall not be
taken into account for purposes of paragraph (2).''.
(3) Employer plans.--Section 414 of such Code (relating to
definitions and special rules) is amended by adding at the end
the following:
``(w) Catch-up contributions for certain distributions.--
``(1) In general.--An applicable employer plan shall not be
treated as failing to meet any requirement of this title solely
because the plan permits an applicable participant to make
additional elective deferrals in any plan year.
``(2) Limitation on amount of additional deferrals.--
``(A) In general.--A plan shall not permit
additional elective deferrals under paragraph (1) for
any year in an amount greater than the lesser of--
``(i) the applicable dollar amount, or
``(ii) the excess (if any) of--
``(I) the participant's
compensation (as defined in section
415(c)(3)) for the year, over
``(II) any other elective deferrals
of the participant for such year which
are made without regard to this
subsection.
``(B) Applicable dollar amount.--For purposes of
this paragraph, the applicable dollar amount with
respect to a participant shall be an amount equal to--
``(i) the aggregate amount of distributions
described in section 72(t)(2)(G) (not
attributable to earnings) made with respect to
such participant, over
``(ii) the aggregate amount of such
distributions (not attributable to earnings)
previously taken into account under this
subsection or section 219(b)(5)(B).
``(3) Treatment of contributions.--Rules similar to the
rules of paragraphs (3) and (4) of subsection (v) shall apply
with respect to contributions made under this subsection.
``(4) Definitions.--For purposes of this subsection, the
terms `applicable employer plan' and `elective deferral' have
the same meanings given such terms in subsection (v)(6).''.
(4) Conforming amendment.--Section 414(v)(2)(A)(ii)(II) of
such Code (relating to limitation on amount of additional
deferrals) is amended by inserting ``(other than deferrals
under subsection (w))'' after ``deferrals''.
(5) Effective date.--The amendments made by this subsection
shall apply to contributions in taxable years ending after
December 31, 2001. | Military Call-up Relief Act - Amends the Internal Revenue Code to waive the ten percent early withdrawal penalty for distributions from qualified retirement plans to individuals called to active duty during the national emergency declared by the President on September 14, 2001. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Employment Through
Technology Education Courses Act'' or the ``VET TEC Act''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry
out a pilot program under which the Secretary shall provide eligible
veterans with the opportunity to enroll in high technology programs of
education.
(b) Eligibility.--For purposes of the pilot program under this
section, an eligible veteran is a veteran who is entitled to
educational assistance under the laws administered by the Secretary.
(c) Contracts.--
(1) In general.--For purposes of carrying out subsection
(a), by not later than 180 days after the date of the enactment
of this Act, the Secretary shall seek to enter into contracts
with multiple qualified providers of high technology programs
of education for the provision of such programs to eligible
veterans under the pilot program.
(2) Payment of contractors.--A contract under this
subsection shall provide that the Secretary shall pay to a
provider--
(A) 25 percent of the cost of providing the program
of education upon the enrollment of an eligible veteran
in the program;
(B) 25 percent of such cost upon the completion of
the program by the veteran; and
(C) 50 percent of such cost upon the employment of
the veteran following completion of the program.
(3) Qualified providers.--For purposes of the pilot
program, a provider of a high technology program of education
is qualified if the provider has been operational for at least
two years.
(4) Tuition reimbursement.--In entering into contracts to
carry out the pilot program, the Secretary shall give
preference to a qualified provider that offers tuition
reimbursement for any student who--
(A) completes a program of education offered by the
provider; and
(B) does not find full-time meaningful employment
within the 180-day period beginning on the date the
student completes the program.
(d) Housing Stipend.--The Secretary shall pay to each eligible
veteran who is enrolled in a high technology program of education under
the pilot program on a full-time basis a monthly housing stipend equal
to the product--
(1) of--
(A) in the case of a veteran pursuing resident
training, the monthly amount of the basic allowance for
housing payable under section 403 of title 37, United
States Code, for a member with dependents in pay grade
E-5 residing in the military housing area that
encompasses all or the majority portion of the ZIP code
area in which is located the institution at which the
individual is enrolled; or
(B) in the case of a veteran pursuing a program of
education through distance learning, a monthly amount
equal to 50 percent of the amount payable under
subparagraph (A), multiplied by
(2) the lesser of--
(A) 1.0; or
(B) the number of course hours borne by the
individual in pursuit of the program of education
involved, divided by the minimum number of course hours
required for full-time pursuit of such program of
education, rounded to the nearest multiple of 10.
(e) High Technology Program of Education Defined.--In this section,
the term ``high technology program of education'' means a program of
education that--
(1) is offered by an entity other than an institution of
higher learning;
(2) does not lead to a degree; and
(3) provides instruction in computer programming, computer
software, media application, data processing, or information
sciences.
(f) Reports.--
(1) Secretary of veterans affairs.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report on
the pilot program under this section.
(2) Comptroller general.--
(A) Interim report.--Not later than three years
after the date on which the Secretary first enters into
a contract under this section, the Comptroller General
of the United States shall submit to Congress a report
containing the results of the interim assessment of the
Comptroller General. Such report shall include the
recommendations of the Comptroller General for
improving the pilot program and an assessment of each
of the following:
(i) The technology experience of the
directors and instructors of the providers of
high technology programs of education under the
pilot program.
(ii) Whether the providers cooperated with
the technology industry to create the
curriculum for the program of education.
(iii) Whether the providers use an open
source curriculum for the program of education.
(iv) The admittance rate into the pilot
program.
(v) The job placement rate for veterans who
completed a program of education under the
pilot program.
(vi) The average salary of veterans who
completed a program of education under the
pilot program and were subsequently employed.
(vii) The average age of veterans who
participated in the pilot program.
(B) Final report.--Not later than five years after
the date on which the Secretary first enters into a
contract under this section, the Comptroller General
shall submit to Congress a final report on the pilot
program. Such report shall include the recommendation
of the Comptroller General with respect to whether the
program should be extended and an assessment of each of
the following:
(i) Each item described in clauses (i)
through (vii) of subparagraph (A).
(ii) The percentage of veterans who
completed a program of education under the
pilot program who were subsequently employed
for a period of six months or longer.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $15,000,000 for each
fiscal year during which the Secretary carries out a pilot program
under this section.
(h) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is five years after the
date on which the Secretary first enters into a contract under this
section. | Veteran Employment Through Technology Education Courses Act or the VET TEC Act This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program to provide eligible veterans with the opportunity to enroll in high technology programs of education. An "eligible veteran" is one who is entitled to educational assistance under the laws administered by the VA. A "high technology program of education" is one that is offered by an entity other than an institution of higher learning, does not lead to a degree, and provides instruction in computer programming, computer software, media application, data processing, or information sciences. The VA shall enter into contracts with multiple qualified providers of such programs, under which the VA shall pay: (1) 25% of the cost of providing the program upon the enrollment of an eligible veteran, (2) 25% of such cost when the veteran completes the program, and (3) 50% of such cost upon the veteran's employment following completion. The VA shall give preference to a qualified provider that offers tuition reimbursement for any student who completes the program and does not find full-time meaningful employment within 180 days. The VA shall pay a monthly housing stipend to each eligible veteran enrolled full-time in such a program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work Force Diversity Partnership Act
of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States is becoming the most diverse work-
place in the world at a time of growing economic
dissatisfaction and intense global competition;
(2) people of color, caucasian women, and immigrants will
account for 85 percent of the net growth in our Nation's labor
force during the 1990's;
(3) the expectations, characteristics, demands, beliefs,
work values, motivating factors and educational backgrounds of
individuals in the work force are becoming increasingly
diverse;
(4) employees, managers, administrators and government
officials are inadequately prepared to deal effectively with
increased diversity in the work force;
(5) increased domestic and international competition
require that business, industry and government leaders
effectively motivate and manage this diverse work force;
(6) as more parents join the work force, it has become
increasingly difficult for employees to balance the demands of
the workplace with the needs of families; and
(7) by understanding and valuing diversity which respects
differences, employers emphasize creativity, self initiative,
leadership, innovation, and team-work, and thereby improve the
working conditions of all Americans and the chances for
economic success.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish a grant program within
the Department of Labor to--
(1) study and address issues relating to work force and
cultural diversity and their impact on economic
competitiveness, employment opportunities, advancement and
retention; and
(2) develop collaborative public and private sector
education and training materials that address the issues of
work force and cultural diversity.
SEC. 4. DEFINITIONS.
As used in this Act--
(1) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Federal share'' means 50 percent of the
cost of each grant awarded under this Act.
(B) Exception.--If the Secretary, after
consultation with the peer review panel, determines
that to do so will further the purposes of this Act,
the Secretary may increase the amount of the Federal
share.
(2) Institution of higher education.--The term
``institution of higher education'' has the same meaning given
that term by section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(3) Non-federal share.--
(A) In general.--The term ``non-Federal share''
means the amount required to be expended by the
recipient of a grant under this Act.
(B) In-kind services.--Amounts available to pay the
non-Federal share under this paragraph may include in-
kind services or other resources.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 5. WORK FORCE DIVERSITY GRANT PROGRAM.
(a) Program Authorized.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the cost of
programs established by such entities that are designed to--
(1) target and develop issues relating to work force and
cultural diversity;
(2) develop public and private sector education and
training materials that focus on the issues of work force and
cultural diversity;
(3) foster research, scholarship, innovative curriculum
development, development of teaching materials, and other
practicable supportive academic activities relating to such
issues;
(4) assist in the dissemination and transfer of such
materials for use in private sector training efforts as they
relate to issues of work force and cultural diversity; and
(5) develop and establish cooperative higher education-
business training programs to assist public and private
industry leaders and workers in addressing the issue of work
force diversity.
(b) Requirement.--The Secretary shall ensure that the recipient of
a grant under this Act agrees to establish, operate, and provide the
non-Federal share of the cost of the work force diversity programs for
which the grant is made.
(c) Duration of Grant.--No grant awarded under this Act may be for
a period longer than 3 years.
SEC. 6. GRANT RECIPIENT SELECTION.
(a) Submission of Proposals.--To be eligible for a grant under this
Act an entity shall prepare and submit to the Secretary a proposal, at
such time, in such manner and containing such information as the
Secretary may reasonably require.
(b) Participants.--
(1) In general.--An institution of higher education in
partnership with one or more organizations described in
paragraph (2), shall be eligible to receive a grant under this
Act.
(2) Organizations.--An organization referred to in
paragraph (1) shall be--
(A) a corporation, business, or partnership,
whether for profit or nonprofit;
(B) a labor organization; or
(C) an organization that has a demonstrated
interest or expertise in work force diversity issues.
(e) Criteria for Selection.--
(1) In general.--In determining whether to approve a
proposal submitted under subsection (a), the Secretary shall
take into account--
(A) the extent to which the grant applicant
demonstrates a potential to achieve one or more of the
purposes of this Act;
(B) the level of participation and financial
commitment of the participants;
(C) the likelihood that a proposed program will
foster the creation of increased diversity awareness
programs in other institutional environments;
(D) the likelihood that the proposed program will
result in the development and dissemination of national
or regional best practices;
(E) the extent to which the project will impact the
international competitiveness of the United States
economy; and
(F) such other criteria as the Secretary may
prescribe.
(2) Faculty participation.--The Secretary shall encourage
partnerships desiring to receive a grant under this Act to
submit proposals that are written by teams of faculty from
multiple disciplines, student and academic affairs
professional, or student organizations concerned with
multicultural education, or any combination thereof.
(3) Priority.--In awarding grants under this Act, the
Secretary shall give priority to grant proposals that
demonstrate the availability of sufficient amounts of non-
Federal contributions or resources from non-governmental
entities.
SEC. 7. AREAS OF ACTION.
A recipient of a grant under this Act shall use amounts received
under such grant to engage in activities in accordance with one or more
of the following guidelines:
(1) The development of instructional material concerning
efforts designed to address cultural and work force diversity
issues within the workplace setting.
(2) The development of public and private sector education
and training materials that will address the issues of work
force and cultural diversity.
(3) The development of new approaches to work force
diversity issues and scholarship efforts to be integrated
within the curriculum of business schools, ethnic and women's
studies, engineering schools, social science disciplines,
humanities and the arts and sciences. In using grant funds
under this paragraph, a grantee may employ approaches to be
carried out in conjunction with corporate education and
training programs.
(4) The conduct of research concerning multicultural
workplace interactions and team management and business in
multicultural and multi-lingual marketplace settings.
(5) The implementation of faculty development programs that
focus on research, appropriate learning environments, and
pedagogical approaches to teaching multicultural management and
work diversity issues.
(6) The development and dissemination of information
concerning models for summer precollege business internship
programs that aid in integrating the workplace and in giving
students a better understanding of the private sector and of
work force diversity issues.
(7) The conduct of forums, workshops, and conferences in
which representatives from academic, corporate, government, or
other institutions with a demonstrated interest or expertise in
work force diversity will focus on issues, attitudes and
strategies that sensitize managers, employees, faculty,
corporate, government and other leaders and workers to
workplace diversity issues.
(8) Any other activities that the Secretary determines to
be appropriate to meet the purposes of this Act.
SEC. 8. PEER REVIEW.
To assist the Secretary in carrying out this Act, the Secretary
shall establish peer review panels to review the merits of grant
proposals proposed under this Act. In establishing such panels, the
Secretary shall seek the widest participation of qualified individuals
from participants, as defined in section 6(b). Each peer review panel
shall report the findings and recommendations of the panel to the
Secretary.
SEC. 9. RECIPIENT REPORTS.
Each recipient of a grant under this Act shall prepare and submit
an annual report to the Secretary. Each such report shall include a
summary of the progress of the activities implemented under the grant
to achieve the purposes of this Act, a summary of the expenditures
involved, a plan describing the recipient's planned use of funds for
the forthcoming year, an explanation of the uses made of the results of
the grant program where appropriate, and any other information that the
Secretary determines to be appropriate.
SEC. 10. REPORT.
The Secretary shall annually prepare and submit to the appropriate
committees of Congress, a report that shall include an evaluation of
the progress made in achieving the purposes of this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$10,000,000 for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998. | Work Force Diversity Partnership Act of 1993 - Authorizes the Secretary of Labor to award grants for public-private partnerships to encourage work force diversity through study of relevant issues and development of education and training materials and programs.
Makes eligible for such grants institutions of higher education in partnership with for-profit or nonprofit corporations, businesses, or partnerships, labor organizations, or organizations with demonstrated interest or expertise in such issues.
Gives priority to grant proposals demonstrating availability of sufficient amounts of non-Federal contributions, or resources from non-governmental entities.
Requires peer review panels, recipient reports, and annual reports by the Secretary.
Authorizes appropriations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Building Code Incentive Act of
2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mitigation planning is the foundation for saving lives,
protecting residential and commercial properties, and
developing disaster resistant communities;
(2) recent studies of the performance of building
structures during disasters have demonstrated that the adoption
and active enforcement of State building codes have greatly
reduced residential and commercial property damage and personal
injury resulting from major disasters;
(3) modern building codes govern all aspects of
construction and are designed to ensure that single-family
residential dwellings and commercial structures are protected
from natural disasters;
(4) the people of the United States rely on active
enforcement of modern building codes for assurance that minimum
standards for reducing personal injuries and property damages
have been met in the buildings they live in, work in, and visit
everyday;
(5) active enforcement of building codes plays an
increasingly important role in public safety and loss
prevention of residential and commercial property;
(6) active enforcement of building codes based on
nationally recognized models reduces the need for public
disaster aid, creates sustainable communities, promotes a level
and consistent playing field for design professionals,
suppliers, and builders, and can contribute to the durability
of residential and commercial structures;
(7) under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal
Emergency Management Agency provides Federal assistance to
States for mitigation efforts;
(8) it is beneficial and appropriate to expand Federal
mitigation assistance to encourage States to take a
comprehensive and integrated approach to disaster loss
reduction; and
(9) it is beneficial to the Federal Government and
appropriate that Federal mitigation assistance be used to
encourage the adoption and active enforcement of State building
codes as a disaster mitigation strategy under the auspices of a
comprehensive disaster loss reduction plan.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) substantially mitigate the occurrence of loss to
residential and commercial property, reduce and minimize damage
when losses to residential and commercial property occur,
improve the quality and value of residential and commercial
property, and reduce the need for public disaster aid;
(2) provide incentives for the adoption and active
enforcement of State building codes;
(3) encourage States to continue their key responsibility
to coordinate all State and local activities relating to hazard
evaluation and mitigation, as specified in section 201.3(c) of
title 44, Code of Federal Regulations, through the adoption and
active enforcement of State building codes; and
(4) encourage States to require that local governments use
a current version of a nationally applicable model building
code that address natural hazards as a basis for design and
construction of State-sponsored mitigation projects described
in section 201.5(b)(4)(iv) of title 44, Code of Federal
Regulations.
SEC. 4. ADDITIONAL MITIGATION ASSISTANCE.
(a) In General.--Section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by
adding at the end the following:
``(d) Additional Mitigation Assistance.--
``(1) In general.--If, at the time of a declaration of a
major disaster, the affected State has in effect and is
actively enforcing throughout the State a State building code
that satisfies the conditions in paragraph (2), the President
may increase the maximum total of contributions under this
section for the major disaster, as specified in subsection (a)
and section 322(e), by an amount equal to 4 percent of the
estimated aggregate amount of grants to be made (less any
associated administrative costs) under this Act with respect to
the major disaster.
``(2) Submission.--To be eligible for an increased Federal
share under paragraph (1), a State shall certify to the
President that the State has a building code that--
``(A) is consistent with the most recent version of
a nationally recognized model building code;
``(B) has been adopted by the State within 6 years
of the most recent version of the nationally recognized
model building code; and
``(C) uses the nationally recognized model building
code as a minimum standard.
``(3) Approval.--The President shall approve the additional
assistance under this section, if the President determines that
the certification of the State provided under paragraph (2) is
sufficient and is submitted not later than 90 days after the
date of a declared disaster.
``(4) Periodic updates.--The President, acting through the
Administrator, shall set appropriate standards, by regulation,
for the periodic update, resubmittal, and approval of a State
building code approved by the President in accordance with
paragraph (3) that are consistent with similar requirements
related to mitigation planning under section 322.
``(5) Definitions.--In this subsection, the following
definitions apply:
``(A) Actively enforcing.--The term `actively
enforcing' means effective jurisdictional execution of
all phases of a State building code in the process of
examination and approval of construction plans,
specifications, and technical data and the inspection
of new construction or renovation.
``(B) Nationally recognized model building code.--
The term `nationally recognized model building code'
means a building code for residential and commercial
construction and construction materials that--
``(i) has been developed and published by a
code organization in an open consensus type
forum with input from national experts; and
``(ii) is based on national structural
design standards that establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
and commercial buildings for the purpose of
protecting the health, safety, and general
welfare of the building's users against natural
disasters.
``(C) State building code.--The term `State
building code' means requirements and associated
standards for residential and commercial construction
and construction materials that are implemented on a
statewide basis by ordinance, resolution, law, housing
or building code, or zoning ordinance. At a minimum,
such requirements and associated standards shall
apply--
``(i) to construction-related activities of
residential building contractors applicable to
single-family and 2-family residential
structures; and
``(ii) to construction-related activities
of engineers, architects, designers, and
commercial building contractors applicable to
the structural safety, design, and construction
of commercial, industrial, and multifamily
structures.
``(6) Regulations.--Not later than 180 days after the date
of enactment of this subsection, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall issue such regulations as may be necessary to carry out
this subsection.''.
(b) Applicability.--Section 404(d) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as added by this section,
shall apply to major disasters declared on or after October 24, 2012.
Major disasters declared during the period beginning on October 24,
2012 and ending on the date of enactment of this Act, shall have 90
days from date of enactment of this Act to submit the certification
required under 404(d)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as added by this Act. | Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster.
Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act.
Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom from Unfair Energy Levy
Act''.
SEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES.
(a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the
Internal Revenue Code of 1986 (relating to imposition of tax on
gasoline, diesel fuel, and kerosene) is amended by adding at the end
the following new subsection:
``(f) Temporary Suspension of Fuel Taxes.--
``(1) In general.--During the suspension period, each rate
of tax referred to in paragraph (2) shall be reduced to zero.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) subsection (a)(2)(A) (relating to gasoline,
diesel fuel, and kerosene),
``(B) sections 4091(b)(3)(A) (relating to aviation
fuel),
``(C) section 4042(b)(2)(C) (relating to fuel used
on inland waterways),
``(D) paragraph (1), (2), or (3) of section 4041(a)
(relating to diesel fuel, special fuels, and compressed
natural gas), and
``(E) section 4041(m)(1)(A)(i) (relating to certain
methanol or ethanol fuels).
``(3) Suspension period.--For purposes of this subsection,
the term `suspension period' means the 180-day period beginning
on the 30th day after the date of the enactment of this
subsection.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPEAL OF 1993 INCREASES IN MOTOR FUEL TAXES.
(a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and
inserting ``14 cents''.
(b) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of
such Code is amended by striking ``19.3 cents'' and inserting ``15
cents''.
(c) Diesel Fuel and Kerosene.--Clause (iii) of section
4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and
inserting ``20 cents''.
(d) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code
is amended by striking ``21.8 cents'' and inserting ``17.5 cents''.
(e) Fuel Used on Inland Waterways.--
(1) Paragraph (1) of section 4042(b) of such Code is
amended by adding ``and'' at the end of subparagraph (A), by
striking ``, and'' at the end of subparagraph (B) and inserting
a period, and by striking subparagraph (C).
(2) Paragraph (2) of section 4042(b) of such Code is
amended by striking subparagraph (C).
(f) Technical Amendments.--
(1) Subparagraph (B) of section 40(e)(1) of such Code is
amended by striking ``during which the rates of tax under
section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting
``during which the rate of tax under section 4081(a)(2)(A)(i)
does not apply''.
(2) Subparagraph (A) of section 4041(a)(1) of such Code is
amended by striking ``or a diesel-powered train'' each place it
appears and by striking ``or train''.
(3) Subparagraph (C) of section 4041(a)(1) of such Code is
amended by striking clause (ii) and by redesignating clause
(iii) as clause (ii).
(4) Subclause (I) of section 4041(a)(1)(C)(ii) of such
Code, as redesignated by paragraph (3), is amended by striking
``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3
cents per gallon'' and inserting ``zero''.
(5) Subsection (a) of section 4041 of such Code is amended
by striking paragraph (3).
(6) Subparagraph (C) of section 4041(b)(1) of such Code is
amended by striking all that follows ``section 6421(e)(2)'' and
inserting a period.
(7) Subparagraph (B) of section 4041(a)(2) of such Code is
amended by striking all that follows clause (i) and inserting
the following new clauses:
``(ii) 10.4 cents per gallon in the case of
liquefied petroleum gas, and
``(iii) 9.1 cents per gallon in the case of
liquefied natural gas.''
(8) Paragraph (3) of section 4041(c) of such Code is
amended to read as follows:
``(3) Termination.--The rate of the taxes imposed by
paragraph (1) shall be zero after September 30, 2007.''
(9) Subsection (d) of section 4041 of such Code is amended
by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
``(3) Diesel fuel used in trains.--There is hereby imposed
a tax of 0.1 cent per gallon on any liquid other than gasoline
(as defined in section 4083)--
``(A) sold by any person to an owner, lessee, or
other operator of a diesel-powered train for use as a
fuel in such train, or
``(B) used by any person as a fuel in a diesel-
powered train unless there was a taxable sale of such
fuel under subparagraph (A).
No tax shall be imposed by this paragraph on the sale or use of
any liquid if tax was imposed on such liquid under section
4081.''
(10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
Code are amended to read as follows:
``(i) 7 cents per gallon on and after the
date of the enactment of this clause and before
October 1, 2005, and
``(ii) zero after September 30, 2005,
and''.
(11) Subsection (c) of section 4081 of such Code is amended
by striking paragraph (6) and by redesignating paragraphs (7)
and (8) as paragraphs (6) and (7), respectively.
(12) Paragraphs (1) and (2) of section 4081(d) of such Code
are amended to read as follows:
``(1) In general.--The rates of tax specified in clauses
(i) and (iii) of subsection (a)(2)(A) shall be zero after
September 30, 2005.
``(2) Aviation gasoline.--The rate of tax specified in
subsection (a)(2)(A)(ii) shall be zero after September 30,
2007.''
(13) Subsection (f) of section 4082 of such Code is amended
by striking ``section 4041(a)(1)'' and inserting ``subsections
(d)(3) and (a)(1) of section 4041, respectively''.
(14) Paragraph (3) of section 4083(a) of such Code is
amended by striking ``or a diesel-powered train''.
(15) Subparagraph (A) of section 4091(b)(3) of such Code is
amended to read as follows:
``(A) The rate of tax specified in paragraph (1)
shall be zero after September 30, 2007.''
(16) Paragraph (1) of section 4091(c) of such Code is
amended--
(A) by striking ``14 cents'' and inserting ``9.7
cents'',
(B) by striking ``13.3 cents'' and inserting ``9
cents'',
(C) by striking ``13.2 cents'' and inserting ``8.9
cents'',
(D) by striking ``13.1 cents'' and inserting ``8.8
cents'', and
(E) by striking ``13.4 cents'' and inserting ``9.1
cents''.
(17) Subsection (c) of section 4091 of such Code is amended
by striking paragraph (4), and by redesignating paragraph (5)
as paragraph (4).
(18) Subsection (b) of section 4092 of such Code is amended
by striking ``attributable to'' and all that follows and
inserting ``attributable to the Leaking Underground Storage
Tank Trust Fund financing rate imposed by such section. For
purposes of the preceding sentence, the term `commercial
aviation' means any use of an aircraft other than in
noncommercial aviation (as defined in section 4041(c)(2)).''
(19) Subparagraph (B) of section 6421(f)(2) of such Code is
amended by striking ``and,'' and all that follows and inserting
a period.
(20) Paragraph (3) of section 6421(f) of such Code is
amended to read as follows:
``(3) Gasoline used in trains.--In the case of gasoline
used as a fuel in a train, this section shall not apply with
respect to the Leaking Underground Storage Tank Trust Fund
financing rate under section 4081.''
(21) Subparagraph (A) of section 6427(b)(2) of such Code is
amended by striking ``7.4 cents'' and inserting ``3.1 cents''.
(22) Paragraph (3) of section 6427(l) of such Code is
amended to read as follows:
``(3) Refund of certain taxes on fuel used in diesel-
powered trains.--For purposes of this subsection, the term
`nontaxable use' includes fuel used in a diesel-powered train.
The preceding sentence shall not apply to the tax imposed by
section 4041(d) and the Leaking Underground Storage Tank Trust
Fund financing rate under section 4081 except with respect to
fuel sold for exclusive use by a State or any political
subdivision thereof.''
(23) Paragraph (4) of section 6427(l) of such Code is
amended by striking ``attributable to'' and all that follows
through the period and inserting ``attributable to the Leaking
Underground Storage Tank Trust Fund financing rate imposed by
such section.''
(g) Effective Date.--The amendments made by this section shall take
effect on the day after the suspension period ends under section
4081(f) of the Internal Revenue Code of 1986 (as added by section 2).
SEC. 4. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax suspension date, tax has been imposed
under section 4081 or 4091 of the Internal Revenue Code of 1986
on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
suspension date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax suspension date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax suspension date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax suspension date'' means the date on
which the suspension period begins under section 4081(f) of the
Internal Revenue Code of 1986 (as added by section 2).
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 5. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed under section 4041, 4081, or 4091 of the Internal Revenue
Code of 1986 on such liquid had the taxable event occurred on the floor
stocks tax date over the tax paid under such sections on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Taxable liquid.--The term ``taxable liquid'' means any
liquid on which tax is imposed under section 4041, 4081, or
4091 of the Internal Revenue Code of 1986 on the floor stocks
tax date.
(3) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
(4) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(5) Floor stocks tax date.--The term ``floor stocks tax
date'' means the day after the end of the suspension period
under section 4081(f) of such Code (as added by section 2).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by section
4041, 4081, or 4091 of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on the floor stocks tax date
by any person if the aggregate amount of gasoline held
by such person on such date does not exceed 4,000
gallons, and
(B) on diesel fuel, kerosene, or aviation fuel held
on such date by any person if the aggregate amount of
diesel fuel, kerosene, or aviation fuel held by such
person on such date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section
4041(a)(2) of such Code in the case of special fuels; by section 4081
of such Code in the case of gasoline, diesel fuel, and kerosene; and by
section 4091 of such Code in the case of aviation fuel shall, insofar
as applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed by
subsection (a) to the same extent as if such taxes were imposed by such
section 4041, 4081, or 4091. | Freedom from Unfair Energy Levy Act - Amends the Internal Revenue Code to: (1) suspend, for six months, motor fuels taxes; and (2) repeal the 1993 4.3 cents per gallon increase in motor fuel taxes. Sets forth floor stock provisions. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Education Technology Corps
Act'' or as the ``NET Corps Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Elementary and secondary school students who receive
regular access in school to Internet-accessible computers enjoy
higher quality educational opportunities and are better
prepared to succeed in college or the workplace.
(2) Local educational agencies have made extraordinary
gains in the acquisition of computers and other information
technology equipment for schools. The Department of Education
reported in January 2001 that each school contains on average
100 computers. In 1999, 63 percent of school rooms used for the
instruction of students had access to the Internet.
(3) However, local educational agencies are dedicating
almost all of their information technology resources to
equipment acquisition, while information technology training
for teachers and other school staff receives little financial
support. A CEO Forum on Education and Technology study
indicated that, in the 1997-1998 school year, schools expended
just five percent of their information technology budget on
teacher training.
(4) The Department of Education reported in 1999 that only
33 percent of public school teachers with access to computers
and the Internet indicated that they were ``well prepared'' to
integrate the use of computers and the Internet into their
instruction.
(5) As new information technologies are introduced into
classrooms, teachers will need regular access to professional
technology training.
(6) The Corporation for National and Community Service
established by section 191 of the National and Community
Service Act of 1990 (42 U.S.C. 12651) has a proven record of
mobilizing the most intelligent, qualified, and altruistic
members of our communities for the purpose of meeting our
Nation's most urgent needs.
(7) The Volunteers in Service to America program, commonly
known as VISTA, which is administered by the Corporation to
efforts to eliminate and alleviate poverty and poverty-related
problems in the United States, would provide a ready means to
facilitate the expanded use of information technology in
schools, libraries, and community centers, particularly in low-
income areas, and to provide information technology training
for teachers and administrators of school, library, and
community center information technology networks.
SEC. 3. CREATION OF NATIONAL EDUCATION TECHNOLOGY CORPS AS A PART OF
VISTA.
The Domestic Volunteer Service Act of 1973 is amended by inserting
after section 109 (42 U.S.C. 4959) the following new section:
``SEC. 109A. NATIONAL EDUCATION TECHNOLOGY CORPS.
``(a) Establishment.--As part of the Volunteers in Service to
America program established under this part, the Director shall
establish a National Education Technology Corps for the purpose of
developing, strengthening, supplementing, and expanding efforts of the
Federal Government, State and local governments, and public and
nonprofit organizations to mobilize local, State, Federal, and private
sector financial and volunteer resources--
``(1) to improve the ability of teachers, staff, students,
and other persons to use information technology in schools,
libraries, and community centers;
``(2) to provide information technology training for
teachers so that teachers can incorporate the use of computers
and other information technologies in classroom instruction;
and
``(3) to provide technical support to administrators of
school, library, and community center information technology
networks.
``(b) Recruitment of Volunteers.--
``(1) Eligibility criteria.--In establishing the
recruitment procedures under section 103(b) applicable to the
selection and placement of volunteers for service in the
National Education Technology Corps, the Director shall limit
selection to individuals--
``(A) who already have sufficient experience or
expertise regarding information technology and its uses
to permit their prompt participation in the types of
activities described in subsection (a); or
``(B) who, with minimal additional training (as
determined by the Director), would be ready to
participate in such activities.
``(2) Relationship to americorps.--A participant in a
national service program assisted under subtitle C of title I
of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.), commonly known as the Americorps program, may
be selected to also serve in the National Education Technology
Corps if the participant meets the eligibility criteria in paragraph
(2).
``(c) Placement.--
``(1) In general.--The Director shall assign volunteers
selected for the National Education Technology Corps to
projects and programs that utilize volunteers to perform the
types of activities described in subsection (a). Such programs
and projects may be administered by public or private nonprofit
agencies and organizations, community-based nonprofit
organizations, local and State education agencies, local and
State agencies administering information technology programs,
educational institutions, libraries, and local, municipal, and
State governmental entities.
``(2) Technology plan.--A volunteer serving in the National
Education Technology Corps may not be assigned to a school to
perform services described in subsection (a) unless the school,
or a local educational agency on behalf of the school, submits
to the Director a technology plan that--
``(A) outlines the goals for the school's education
technology; and
``(B) complies with such guidelines as the Director
may establish.
``(3) Placement priority.--In the assignment of volunteers
under this section, the Director shall give priority
consideration to programs and projects to assist schools that--
``(A) are located in urban or rural areas with the
highest concentrations of illiteracy and of low income
individuals and families; or
``(B) have been unable to secure assistance for
information technology improvements and training from
other sources.
``(d) Partnerships With Qualified Nonprofit Organizations.--The
Director is authorized and encouraged to enter into partnerships with
qualified nonprofit organizations that undertake the types of services
described in subsection (a) for schools, libraries, and community
centers to support and expand the efforts of these organizations.
``(e) Coordination With Department of Education.--The Director
shall coordinate with the Secretary of Education in the training of
volunteers for the National Education Technology Corps to ensure that
the activities undertaken by the volunteers under this section is
consistent with the educational needs of schools.
``(f) Agreements with Private Sector.--The Director may enter into
an agreement with a private sector business under which an employee of
the business who has experience or expertise regarding information
technology and its uses will assist, without financial remuneration
from the Director, on a full-time or part-time basis--
``(1) the National Education Technology Corps and programs
and projects that receive volunteers to undertake the types of
activities described in subsection (a); and
``(2) the Director in the training of National Education
Technology Corps volunteers.
``(g) Effect of Funding Reduction.--In any fiscal year in which the
services provided under this part are reduced, the services provided
under this section shall be proportionately reduced.''.
SEC. 4. INCOME TAX CREDIT FOR ASSISTANCE PROVIDED TO NATIONAL EDUCATION
TECHNOLOGY CORPS.
(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 inserting after section 45D the following new
section:
``SEC. 45E. NATIONAL EDUCATION TECHNOLOGY CORPS ASSISTANCE.
``(a) General Rule.--For purposes of section 38, the National
Education Technology Corps assistance credit determined under this
section for the taxable year is an amount equal to 20 percent of the
sum of --
``(1) the wages paid or incurred by the taxpayer during the
taxable year for qualified employee services, and
``(2) the amount allowed as a deduction under section 170
for the taxable year for qualified contributions.
``(b) Maximum Credit.--
``(1) National limitation.--The amount of credit determined
under this section for all taxable years beginning in a
calendar year shall not exceed $75,000,000.
``(2) Taxpayer limitation.--The amount of credit determined
under this section for a taxpayer for a taxable year shall not
exceed the portion of the national limitation under paragraph
(1) for the calendar year in which such taxable year begins
which is allocated by the National Education Technology Corps
to such taxpayer for such year.
``(3) Per employee limit.--The credit determined under this
section with respect to services performed by an employee
during a taxable year shall not exceed $25,000 (or such lesser
amount determined under paragraph (2)).
``(c) Definitions.--For purposes of this section--
``(1) Qualified employee services.--The term `qualified
employee services' means any service furnished by an employee
of the taxpayer through the National Education Technology
Corps, either directly as a volunteer in the National Education
Technology Corps or as a participant in a National Education
Technology Corps partnership entered into under section 109A(d)
of the Domestic Volunteer Service Act of 1973.
``(2) Qualified contribution.--The term `qualified
contribution' means any contribution of tangible personal
property to or for the benefit of the National Education
Technology Corps.
``(3) Wages.--The term `wages' has the meaning given to
such term by section 51.
``(d) Controlled Groups.--Rules similar to the rules of section
1397(b) shall apply for purposes of this section.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45E(a),'' after ``45A(a),''.
(c) Credit Made Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of such Code
(relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking the
period at the end of paragraph (13) and inserting ``, plus'',
and by adding at the end thereof the following new paragraph:
``(14) the National Education Technology Corps assistance
credit determined under section 45E(a).''.
(2) Limitation on carryback.--Subsection (d) of section 39
of such Code is amended by adding at the end the following new
paragraph:
``(10) No carryback of national education technology corps
assistance credit before effective date.--No portion of the
unused business credit for any taxable year which is
attributable to the credit determined under section 45E may be
carried back to any taxable year ending before the date of the
enactment of this paragraph.''.
(3) Deduction for certain unused business credits.--
Subsection (c) of section 196 of such Code is amended by
striking ``and'' at the end of paragraph (8), by striking the
period at the end of paragraph (9) and inserting ``, and'', and
by adding after paragraph (9) the following new paragraph:
``(10) the National Education Technology Corps assistance
credit determined under section 45E.''.
(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
inserting after the item relating to section 45D the following new
item:
``Sec. 45E. National Education Technology
Corps assistance.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | National Education Technology Corps Act (NET Corps Act) - Amends the Domestic Volunteer Service Act of 1973 to establish a National Education Technology Corps (NET Corps) as part of the Volunteers in Service to America (VISTA) program, using VISTA volunteers and others with appropriate expertise, in partnerships to facilitate use of information technology in schools, libraries, and community centers.Amends the Internal Revenue Code to establish a business-related tax credit for employers for assistance to the NET Corps through their employees' services either as volunteers or as participants in partnerships. | [
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SECTION 1. INDEPENDENT SAFETY ASSESSMENT.
Not later than 6 months after the date of enactment of this Act,
the Nuclear Regulatory Commission shall transmit to the Congress a
report containing the results of--
(1) a focused, in-depth Independent Safety Assessment of
the design, construction, maintenance, and operational safety
performance of the systems at the Indian Point Energy Center,
Units 2 and 3, located in Westchester County, New York,
including the systems described in section 2; and
(2) a comprehensive evaluation of the radiological
emergency plan for Indian Point Energy Center, Units 2 and 3,
conducted by the Nuclear Regulatory Commission and the
Department of Homeland Security, which shall include--
(A) a detailed explanation of the factual basis
upon which the Nuclear Regulatory Commission and the
Federal Emergency Management Agency relied in--
(i) approving the radiological emergency
plan; and
(ii) making subsequent annual findings of
reasonable assurance that the plan will
adequately protect the public in the event of
an emergency, beginning on July 25, 2003 and
continuing to the present;
(B) a detailed response to each of the criticisms
of the radiological emergency plan contained in the
Review of Emergency Preparedness of Areas Adjacent to
Indian Point and Millstone, published by James Lee Witt
Associates on January 10, 2003; and
(C) a detailed explanation of what criteria the
Nuclear Regulatory Commission and Department of
Homeland Security use in determining whether or not
reasonable assurance can be provided that the
radiological emergency plan is adequate to protect
public health and safety, including what threshold
figures of injuries and fatalities these agencies
consider acceptable or tolerable in the event of a
nuclear accident.
SEC. 2. SYSTEMS.
The systems referred to in section 1(1) are the following:
(1) The reactor protection system.
(2) The control room ventilation system and the containment
ventilation system.
(3) The 4.16 kv electrical system.
(4) The condensate system.
(5) The spent fuel storage systems.
SEC. 3. INDEPENDENT SAFETY ASSESSMENT TEAM.
The Independent Safety Assessment conducted at Indian Point Nuclear
Power Plant shall be conducted by an Independent Safety Assessment Team
with 25 members, comprised of--
(1) 16 members from the Nuclear Regulatory Commission who
are unaffiliated with the Nuclear Regulatory Commission Region
1 office or the Nuclear Regulatory Commission Office of Nuclear
Reactor Regulation;
(2) 6 independent contractors with no history of having
worked for or at the Indian Point Energy Center or any other
nuclear power plant owned or operated by Entergy Corporation;
(3) the President of New York State Energy and Research
Development Authority or his designee;
(4) the Director of the Bureau of Hazardous Waste and
Radiation Management, in the Division of Solid and Hazardous
Materials of the New York State Department of Environmental
Conservation, or his designee; and
(5) a New York State-appointed independent contractor with
experience in system engineering and no history of affiliation
with any nuclear power plant owned by Entergy Corporation.
SEC. 4. INDEPENDENT SAFETY ASSESSMENT MONITORING.
The Independent Safety Assessment conducted at Indian Point Nuclear
Energy Center shall be monitored by--
(1) an Independent Safety Assessment Observation Group
comprised of 4 officials appointed by the State of New York;
and
(2) an Independent Safety Assessment Citizens' Review Team
comprised of 5 individuals appointed by the State of New York,
with one resident from each Emergency Planning Zone county
(Westchester, Rockland, Putnam, and Orange) appointed in
consultation with the respective County Executive.
The Independent Safety Assessment Observation Group and Independent
Safety Assessment Citizens' Review Team shall frequently provide
publicly available updates on the progress and conduct of the
Independent Security Assessment to the Governor of New York.
SEC. 5. INDEPENDENT SAFETY ASSESSMENT MODEL.
The Independent Safety Assessment conducted at Indian Point Energy
Center shall be equal in scope, depth, and breadth to the Independent
Safety Assessment of the Maine Yankee Nuclear Power Plant, located near
Bath, Maine, conducted by the Nuclear Regulatory Commission in 1996.
SEC. 6. INCORPORATION INTO RELICENSING PROCESS.
The final decision by the Nuclear Regulatory Commission as to
whether to renew the operating licenses for Unit 2 or Unit 3 at the
Indian Point Energy Center shall not be made until--
(1) the Nuclear Regulatory Commission has fully entered the
complete report and findings of the Independent Safety
Assessment into the administrative record of the license
renewal proceeding for Unit 2 and Unit 3 at the Indian Point
Energy Center; and
(2) the applicant has fully accepted and implemented all
findings and recommendations of the Independent Safety
Assessment, including--
(A) undertaking all recommended repairs;
(B) replacement of safety-related equipment;
(C) changes to monitoring plans; and
(D) revision of the radiological emergency
preparedness plans as called for in the report.
The applicant shall not be allowed to operate the reactors past the
expiration date of its current operating licenses for Unit 2 and Unit 3
through administrative license renewals or any other means prior to
meeting the requirements in paragraph (1) and paragraph (2) of this
section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Nuclear Regulatory
Commission to carry out this Act $10,000,000 for fiscal year 2008, to
remain available until expended. | Directs the Nuclear Regulatory Commission (NRC) to report to Congress regarding: (1) a focused, in-depth Independent Safety Assessment of the design, construction, maintenance, and operational safety performance of certain systems at the Indian Point Energy Center, Units 2 and 3, Westchester County, New York; and (2) a comprehensive evaluation of the radiological emergency plan for the Center, conducted by the NRC and the Department of Homeland Security.
Requires that such Independent Safety Assessment be: (1) conducted by an Independent Safety Assessment Team; (2) monitored by an Independent Safety Assessment Observation Group and by an Independent Safety Assessment Citizens' Review Team; and (3) equal in scope, depth, and breadth to the Independent Safety Assessment of the Maine Yankee Nuclear Power Plant, located near Bath, Maine, conducted by the NRC in 1996.
Prescribes conditions for a final NRC decision to renew the operating licenses for Units 2 and 3 at the Center. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate and Gift Tax Phase-Out Act of
1997''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The economy of the United States cannot achieve strong,
sustained growth without adequate levels of savings to fuel
productive activity. Inadequate savings have been shown to lead
to lower productivity, stagnating wages, and reduced standards
of living.
(2) Savings levels in the United States have steadily
declined over the past 25 years, and have lagged behind the
industrialized trading partners of the United States.
(3) These anemic savings levels have contributed to the
country's long-term downward trend in real economic growth,
which averaged close to 3.5 percent over the last 100 years but
has slowed to 2.4 percent over the past quarter century.
(4) Repealing the estate and gift tax would contribute to
the goals of expanding savings and investment, boosting
entrepreneurial activity, and expanding economic growth.
(5) Abolishing the estate tax would restore a measure of
fairness to the Federal tax system. Families should be able to
pass on the fruits of labor to the next generation without
realizing a taxable event.
SEC. 3. PHASE-OUT OF ESTATE AND GIFT TAXES THROUGH INCREASE IN UNIFIED
ESTATE AND GIFT TAX CREDIT.
(a) Estate Tax Credit.--
(1) In general.--Section 2010(a) of the Internal Revenue
Code of 1986 (relating to unified credit against estate tax) is
amended by striking ``$192,800'' and inserting ``the applicable
credit amount''.
(2) Applicable credit amount.-- Section 2010 of such Code
is amended by redesignating subsection (c) as subsection (d)
and by inserting after subsection (b) the following:
``(c) Applicable Credit Amount.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax which would
be determined under the rate schedule set forth in section 2001(c) if
the amount with respect to which such tentative tax is to be computed
were the applicable exclusion amount determined in accordance with the
following table:
``In the case of estates of decedents
The applicable
dying, and gifts made, during:
exclusion amount is:
1998............................... $1,000,000
1999............................... $1,500,000
2000............................... $2,000,000
2001............................... $2,500,000
2002............................... $5,000,000.''.
(3) Conforming amendments.--
(A) Section 6018(a)(1) of such Code is amended by
striking ``$600,000'' and inserting ``the applicable
exclusion amount in effect under section 2010(c) for
the calendar year which includes the date of death''.
(B) Section 2001(c)(2) of such Code is amended by
striking ``$21,040,000'' and inserting ``the amount at
which the average tax rate under this section is 55
percent''.
(C) Section 2102(c)(3)(A) of such Code is amended
by striking ``$192,800'' and inserting ``the applicable
credit amount in effect under section 2010(c) for the
calendar year which includes the date of death''.
(b) Unified Gift Tax Credit.--Section 2505(a)(1) of the Internal
Revenue Code of 1986 (relating to unified credit against gift tax) is
amended by striking ``$192,800'' and inserting ``the applicable credit
amount in effect under section 2010(c) for such calendar year''.
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after December
31, 1997.
SEC. 4. REPEAL OF FEDERAL TRANSFER TAXES.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986 is
repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to the estates of decedents dying, and gifts and generation-skipping
transfers made, after December 31, 2002.
(c) Technical and Conforming Changes.--The Secretary of the
Treasury or the Secretary's delegate shall not later than 90 days after
the effective date of this section, submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a draft of any technical and conforming changes in the
Internal Revenue Code of 1986 which are necessary to reflect throughout
such Code the changes in the substantive provisions of law made by this
Act. | Estate and Gift Tax Phase-Out Act of 1997 - Amends the Internal Revenue Code to phase-out and repeal, effective January 1, 2003, the estate tax, gift tax, and the tax on generation-skipping transfers. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Fraud Enforcement Act of
2009''.
SEC. 2. ENHANCEMENTS TO CRIMINAL LAWS RELATING TO HEALTH CARE FRAUD.
(a) Fraud Sentencing Guidelines.--
(1) Definition.--In this subsection, the term ``Federal
health care offense'' has the meaning given that term in
section 24 of title 18, United States Code, as amended by this
Act.
(2) Review and amendments.--Pursuant to the authority under
section 994 of title 28, United States Code, and in accordance
with this subsection, the United States Sentencing Commission
shall--
(A) review the Federal Sentencing Guidelines and
policy statements applicable to persons convicted of
Federal health care offenses;
(B) amend the Federal Sentencing Guidelines and
policy statements applicable to persons convicted of
Federal health care offenses involving Government
health care programs to provide that the aggregate
dollar amount of fraudulent bills submitted to the
Government health care program shall constitute prima
facie evidence of the amount of the intended loss by
the defendant; and
(C) amend the Federal Sentencing Guidelines to
provide--
(i) a 2-level increase in the offense level
for any defendant convicted of a Federal health
care offense relating to a Government health
care program which involves a loss of not less
than $1,000,000 and less than $7,000,000;
(ii) a 3-level increase in the offense
level for any defendant convicted of a Federal
health care offense relating to a Government
health care program which involves a loss of
not less than $7,000,000 and less than
$20,000,000;
(iii) a 4-level increase in the offense
level for any defendant convicted of a Federal
health care offense relating to a Government
health care program which involves a loss of
not less than $20,000,000; and
(iv) if appropriate, otherwise amend the
Federal Sentencing Guidelines and policy
statements applicable to persons convicted of
Federal health care offenses involving
Government health care programs.
(3) Requirements.--In carrying this subsection, the United
States Sentencing Commission shall--
(A) ensure that the Federal Sentencing Guidelines
and policy statements--
(i) reflect the serious harms associated
with health care fraud and the need for
aggressive and appropriate law enforcement
action to prevent such fraud; and
(ii) provide increased penalties for
persons convicted of health care fraud offenses
in appropriate circumstances;
(B) consult with individuals or groups representing
health care fraud victims, law enforcement officials,
the health care industry, and the Federal judiciary as
part of the review described in paragraph (2);
(C) ensure reasonable consistency with other
relevant directives and with other guidelines under the
Federal Sentencing Guidelines;
(D) account for any aggravating or mitigating
circumstances that might justify exceptions, including
circumstances for which the Federal Sentencing
Guidelines, as in effect on the date of enactment of
this Act, provide sentencing enhancements;
(E) make any necessary conforming changes to the
Federal Sentencing Guidelines; and
(F) ensure that the Federal Sentencing Guidelines
adequately meet the purposes of sentencing.
(b) Intent Requirement for Health Care Fraud.--Section 1347 of
title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever knowingly''; and
(2) by adding at the end the following:
``(b) With respect to violations of this section, a person need not
have actual knowledge of this section or specific intent to commit a
violation of this section.''.
(c) Kickbacks.--Section 1128B of the Social Security Act (42 U.S.C.
1320a-7b) is amended by adding at the end the following new subsection:
``(g) In addition to the penalties provided for in this section or
section 1128A, a claim for items or services that are provided in
violation of this section constitutes a false or fraudulent claim for
purposes of subchapter III of chapter 37 of title 31, United States
Code.''.
(d) Health Care Fraud Offense.--Section 24(a) of title 18, United
States Code, is amended--
(1) in paragraph (1), by striking the semicolon and
inserting ``or section 1128B of the Social Security Act (42
U.S.C. 1320a-7b); or''; and
(2) in paragraph (2)--
(A) by inserting ``1349,'' after ``1343,''; and
(B) by inserting ``section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331), or section 411,
501, or 511 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1111, 1131, and 1141),'' after
``title,''.
SEC. 3. SUBPOENA AUTHORITY RELATING TO HEALTH CARE.
(a) Subpoenas Under the Health Insurance Portability and
Accountability Act of 1996.--Section 1510(b) of title 18, United States
Code, is amended--
(1) in paragraph (1), by striking ``to the grand jury'';
and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``grand jury
subpoena'' and inserting ``subpoena for records''; and
(B) in the matter following subparagraph (B), by
striking ``to the grand jury''.
(b) Subpoenas Under the Civil Rights of Institutionalized Persons
Act.--The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997
et seq.) is amended by inserting after section 3 the following:
``SEC. 3A. SUBPOENA AUTHORITY.
``(a) Authority.--The Attorney General, or at the direction of the
Attorney General, any officer or employee of the Department of Justice
may require by subpoena access to any institution that is the subject
of an investigation under this Act and to any document, record,
material, file, report, memorandum, policy, procedure, investigation,
video or audio recording, or quality assurance report relating to any
institution that is the subject of an investigation under this Act to
determine whether there are conditions which deprive persons residing
in or confined to the institution of any rights, privileges, or
immunities secured or protected by the Constitution or laws of the
United States.
``(b) Issuance and Enforcement of Subpoenas.--
``(1) Issuance.--Subpoenas issued under this section--
``(A) shall bear the signature of the Attorney
General or any officer or employee of the Department of
Justice as designated by the Attorney General; and
``(B) shall be served by any person or class of
persons designated by the Attorney General or a
designated officer or employee for that purpose.
``(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under this section, the United States
district court for the judicial district in which the
institution is located may issue an order requiring compliance.
Any failure to obey the order of the court may be punished by
the court as a contempt that court.
``(c) Protection of Subpoenaed Records and Information.--Any
document, record, material, file, report, memorandum, policy,
procedure, investigation, video or audio recording, or quality
assurance report or other information obtained under a subpoena issued
under this section--
``(1) may not be used for any purpose other than to protect
the rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States of persons who
reside, have resided, or will reside in an institution;
``(2) may not be transmitted by or within the Department of
Justice for any purpose other than to protect the rights,
privileges, or immunities secured or protected by the
Constitution or laws of the United States of persons who
reside, have resided, or will reside in an institution; and
``(3) shall be redacted, obscured, or otherwise altered if
used in any publicly available manner so as to prevent the
disclosure of any personally identifiable information.''.
SEC. 4. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS TO THE DEPARTMENT OF
JUSTICE FOR CRIMINAL AND CIVIL ENFORCEMENT OF HEALTH CARE
FRAUD.
(a) Authorization.--There is authorized to be appropriated to the
Attorney General, to remain available until expended, $20,000,000 for
each of fiscal years 2011 through 2016 for the purposes of
investigations, prosecutions, and civil or other proceedings relating
to fraud and abuse in connection with any health care benefit program,
as defined in section 24(b) of title 18, United States Code.
(b) Allocations.--With respect to each of fiscal years 2011 through
2016, the amount authorized to be appropriated under subsection (a)
shall be allocated as follows:
(1) For the offices of the United States attorneys,
$10,000,000.
(2) For the Criminal Division of the Department of Justice,
$5,000,000.
(3) For the Civil Division of the Department of Justice,
$5,000,000. | Health Care Fraud Enforcement Act of 2009 - Directs the United States Sentencing Commission to review and amend guidelines and policy statements relating to health care fraud to increase the sentences for such crimes based upon the dollar amount of fraud involved.
Expands the definition of "health care fraud" to include anti-fraud provisions of the Social Security Act relating to kickbacks, bribes, or rebates, the Food, Drug and Cosmetic Act, and the Employee Retirement Income Security Act of 1974 (ERISA). Makes a health care fraud violation under such statutes a false or fraudulent claim for purposes of the False Claims Act.
Amends the federal criminal code to allow a conviction for health care fraud without actual knowledge of a fraud prohibition or a specific intent to commit a health care fraud violation.
Amends the Civil Rights of Institutionalized Persons Act to expand the power of the Attorney General to issue subpoenas for records under such Act.
Authorizes additional appropriations to the Department of Justice (DOJ) for FY2011-FY2016 for investigations and prosecutions relating to fraud and abuse in connection with any health care benefit program. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Behind Reform Act''.
SEC. 2. ADEQUATE YEARLY PROGRESS.
(a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) in subparagraph (C)(vii)--
(A) by striking ``such as'';
(B) by inserting ``such as measures of individual
or cohort growth over time based on the academic
assessments implemented in accordance with paragraph
(3),'' after ``described in clause (v),''; and
(C) by striking ``attendance rates,''; and
(2) in subparagraph (D)--
(A) by striking clause (ii);
(B) by striking ``the State'' and all that follows
through ``ensure'' and inserting ``the State shall
ensure''; and
(C) by striking ``; and'' and inserting a period.
(b) Academic Assessment and Local Educational Agency and School
Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking
``, except that'' and all that follows through ``action or
restructuring''.
SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.
Part A of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the
following:
``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.
``(a) Grant Authority.--The Secretary may award grants, on a
competitive basis, to State educational agencies to enable the State
educational agencies to develop or increase the capacity of data
systems for accountability purposes and award subgrants to increase the
capacity of local educational agencies to upgrade, create, or manage
information databases for the purpose of measuring adequate yearly
progress.
``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to State educational agencies that have
created, or are in the process of creating, a growth model or
proficiency index as part of their adequate yearly progress
determination.
``(c) State Use of Funds.--Each State that receives a grant under
this section shall use--
``(1) not more than 20 percent of the grant funds for the
purpose of increasing the capacity of, or creating, State
databases to collect information related to adequate yearly
progress; and
``(2) not less than 80 percent of the grant funds to award
subgrants to local educational agencies within the State to
enable the local educational agencies to carry out the
authorized activities described in subsection (d).
``(d) Authorized Activities.--Each local educational agency that
receives a subgrant under this section shall use the subgrant funds to
increase the capacity of the local educational agency to upgrade
databases or create unique student identifiers for the purpose of
measuring adequate yearly progress, by--
``(1) purchasing database software or hardware;
``(2) hiring additional staff for the purpose of managing
such data;
``(3) providing professional development or additional
training for such staff; and
``(4) providing professional development or training for
principals and teachers on how to effectively use such data to
implement instructional strategies to improve student
achievement.
``(e) State Application.--Each State educational agency desiring 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.
``(f) LEA Application.--Each local educational agency desiring a
subgrant under this section shall submit an application to the State
educational agency at such time, in such manner, and containing such
information as the State educational agency may require. Each such
application shall include, at a minimum, a demonstration of the local
educational agency's ability to put such a database in place.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $80,000,000 for each of fiscal
years 2005, 2006, and 2007.''.
SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES.
(a) Targeting Transfer Options and Supplemental Services.--Section
1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in subsection (b)(1), by adding at the end the
following:
``(G) Maintenance of least restrictive
environment.--A student who is eligible to receive
services under the Individuals with Disabilities
Education Act and who uses the option to transfer under
subparagraph (E), paragraph (5)(A), (7)(C)(i), or
(8)(A)(i), or subsection (c)(10)(C)(vii), shall be
placed and served in the least restrictive environment
appropriate, in accordance with the Individuals with
Disabilities Education Act.'';
(3) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(4) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(b) Student Already Transferred.--A student who transfers to
another public school pursuant to section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)) before the
effective date of this section and the amendments made by this section,
may continue enrollment in such public school after the effective date
of this section and the amendments made by this section.
(c) Effective Date.--This section and the amendments made by this
section shall be effective for each fiscal year for which the amount
appropriated to carry out title I of the Elementary and Secondary
Education Act of 1965 for the fiscal year, is less than the amount
authorized to be appropriated to carry out such title for the fiscal
year.
SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS.
Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965
(20 U.S.C. 7801(23)(B)(ii)) is amended--
(1) in subclause (I), by striking ``or'' after the
semicolon;
(2) in subclause (II), by striking ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(III) in the case of a middle
school teacher, passing a State
approved middle school generalist exam
when the teacher receives the teacher's
license to teach middle school in the
State;
``(IV) obtaining a State social
studies certificate that qualifies the
teacher to teach history, geography,
economics, and civics in middle or
secondary schools, respectively, in the
State; or
``(V) obtaining a State science
certificate that qualifies the teacher
to teach earth science, biology,
chemistry, and physics in middle or
secondary schools, respectively, in the
State; and''. | No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise certain requirements which were added by the No Child Left Behind Act of 2001, including ones relating to: (1) adequate yearly progress (AYP); (2) academic assessment and local educational agency and school improvement; (3) school choice and supplemental services options; and (4) teacher qualifications.
Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement.
Authorizes the Secretary of Education to award competitive grants to State educational agencies to: (1) develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP.
Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA.
Revises the definition of highly qualified teacher to authorize States to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
Congress finds that aircraft landing strips--
(1) serve an essential safety function as emergency landing
areas;
(2) serve as trailhead access points for--
(A) outdoor enthusiasts and their activities,
including hiking, fishing, and hunting;
(B) land management activities, including forest
management and firefighting; and
(C) inholdings, including mining, ranching,
scientific research, and tourism;
(3) provide access to national parks, national forests,
wilderness areas, and other Federal land for people who would
otherwise be physically unable to enjoy such places;
(4) support the economies of the surrounding communities by
providing efficient access for visitors seeking recreational
activities; and
(5) serve an essential role in search and rescue, forest
and ecological management, research, wildlife management,
aerial mapping, firefighting, and disaster relief.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Aircraft landing strip.--The term ``aircraft landing
strip'' means an established aircraft landing strip located on
Federal land under the administrative jurisdiction of the
Secretary that is for aircraft landing and departure
activities.
(3) Permanently close.--The term ``permanently close''
means any closure lasting more than 30 consecutive days in any
calendar year.
(4) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Department of the Interior, the Secretary of the
Interior; and
(B) with respect to land under the jurisdiction of
the Department of Agriculture, the Secretary of
Agriculture.
SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN
AIRCRAFT LANDING STRIPS.
(a) In General.--The Secretary shall not take any action that would
permanently close, restrict, or render or declare as unserviceable any
aircraft landing strip unless--
(1) the action has been approved by the head of the
aviation department of the State in which the aircraft landing
strip is located;
(2) the Secretary publishes notice of the proposed action
in the Federal Register, including notice that the action would
permanently close, restrict, or render or declare as
unserviceable the aircraft landing strip;
(3) the Secretary provides for a 90-day public comment
period beginning on the date on which the notice under
paragraph (2) is published; and
(4) the Secretary and the head of the aviation department
of the State in which the affected aircraft landing strip is
located have taken into consideration any comments received
during the comment period described in paragraph (3).
(b) Policies.--
(1) Backcountry aviation policies.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
the Interior and the Secretary of Agriculture shall jointly--
(A) establish a national policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Department of the Interior and the Department of
Agriculture; and
(B) require officials with jurisdiction over the
land described in subparagraph (A) to adhere to the
policy established pursuant to such subparagraph.
(2) Requirements.--Any policy affecting air access to an
aircraft landing strip, including the policy established under
paragraph (1), shall not take effect unless the policy--
(A) acknowledges that the Administrator has the
sole authority to control aviation and airspace over
the United States; and
(B) was developed after seeking and considering
comments from State governments and the public.
(c) Maintenance of Airstrips.--
(1) In general.--To ensure that aircraft landing strips are
maintained in a manner that is consistent with the resource
values of any adjacent area, the Secretary shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip is located;
and
(B) any other interested parties.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with interested parties for the
maintenance of aircraft landing strips.
(3) Maintenance standards.--State aircraft landing strip
maintenance standards shall be used as the minimum standard
when such standards are available.
(d) Exchanges or Acquisitions.--
(1) Conditions.--If the Federal Government acquires private
or public property on which an aircraft landing strip is
located, the acquisition may not require--
(A) the closure or purposeful neglect of the
aircraft landing strip; or
(B) any other action that would restrict the use of
any aircraft landing strip.
(2) Availability.--Each private or publicly owned aircraft
landing strip acquired by the Federal Government shall be made
available to the general public for unrestricted use.
(e) Effect on Federal Aviation Administration Authority.--Nothing
in this Act may be construed to affect the authority of the
Administrator over aviation or airspace. | Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the action has been approved by the head of the aviation department of the state in which the landing strip is located; (2) the Secretary publishes notice of the proposed action and provides for a 90-day public comment thereafter; and (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received.
Requires the Secretaries to: (1) establish a nationwide policy for governing backcountry aviation issues relating to the management of federal land under the jurisdiction of the Departments of the Interior and Agriculture; and (2) require officials with jurisdiction over such land to adhere to such policy.
Requires private and publicly-owned aircraft landing strips acquired by the government to be made available to the public for unrestricted use. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorectal Cancer Detection Act of
2018''.
SEC. 2. MEDICARE COVERAGE FOR FDA-APPROVED QUALIFYING COLORECTAL CANCER
SCREENING BLOOD-BASED TESTS.
(a) In General.--Section 1861(pp) of the Social Security Act (42
U.S.C. 1395x(pp)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) Qualifying colorectal cancer screening blood-based
test.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualifying colorectal cancer screening blood-based
test' means, with respect to a year, a screening blood-based test for
the early detection of colorectal cancer furnished in the year that was
marketed or used, as applicable, in accordance with the relevant
provisions of section 353 of the Public Health Service Act or the
Federal Food, Drug, and Cosmetic Act more than 6 months before the
beginning of the year.''.
(b) Frequency Limits for Colorectal Cancer Screening Tests and
Payment Amount for Qualifying Colorectal Cancer Screening Blood-Based
Tests.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d))
is amended--
(1) by amending clause (ii) of paragraph (1)(B) to read as
follows:
``(ii) if the test is performed within--
``(I) the 11 months after a
previous screening fecal-occult blood
test or a previous qualifying
colorectal cancer screening blood-based
test;
``(II) the 35 months after a
previous screening flexible
sigmoidoscopy or a previous screening
colonoscopy with adenoma findings;
``(III) the 59 months after a
previous screening colonoscopy with
small polyp findings; or
``(IV) the 119 months after a
previous screening colonoscopy without
adenoma findings or small polyp
findings.'';
(2) in paragraph (2)(E)(ii), by inserting ``or within the
35 months after a previous screening fecal-occult blood test or
previous qualifying colorectal cancer screening blood-based
test'' after ``sigmoidoscopy'';
(3) by amending subparagraph (E) of paragraph (3) to read
as follows:
``(E) Frequency limit.--No payment may be made
under this part for a colorectal cancer screening test
consisting of a screening colonoscopy--
``(i) if the procedure is performed within
the 11 months after a previous screening fecal-
occult blood test or previous qualifying
colorectal cancer screening blood-based test;
``(ii) for individuals at high risk for
colorectal cancer if the procedure is performed
within the 23 months after a previous screening
colonoscopy; or
``(iii) for individuals not at high risk
for colorectal cancer if the procedure is
performed within the 119 months after a
previous screening colonoscopy or within the 47
months after a previous screening flexible
sigmoidoscopy.''; and
(4) by adding at the end the following new paragraph:
``(4) Qualifying colorectal cancer screening blood-based
tests.--
``(A) Payment amount.--The payment amount for
colorectal cancer screening tests consisting of
qualifying colorectal cancer screening blood-based
tests shall be established by the Secretary based on a
crosswalk to payment amounts for tests for the
diagnosis of inherited colorectal cancer by methylation
methods.
``(B) Frequency limit.--Paragraph (1)(B) shall
apply to colorectal cancer screening tests consisting
of qualifying colorectal cancer screening blood-based
tests in the same manner as such paragraph applies to
colorectal cancer screening tests consisting of fecal-
occult blood tests.''.
(c) Effective Date.--The amendments made by this section shall
apply to colorectal cancer screening tests furnished in a year
beginning more than 6 months after the date of the enactment of this
Act. | Colorectal Cancer Detection Act of 2018 This bill provides for Medicare coverage and payment, subject to specified frequency limits, of certain colorectal cancer screening blood-based tests. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Market Promotion
Program Amendments Act of 1993''.
SEC. 2. MODIFICATIONS TO MARKET PROMOTION PROGRAM.
(a) Small-Sized Commercial Entities and Medium-Sized Commercial
Entities That Are Beginning Exporters.--Section 203(c) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is amended--
(1) in paragraph (2), by striking ``in the case of an
unfair trade practice'' and inserting ``in the case of--
``(A) an unfair trade practice; or
``(B) a small-sized commercial entity, or a medium-
sized commercial entity, that is a beginning exporter,
as determined by the Secretary.''; and
(2) by adding at the end the following new paragraph:
``(3) Goal for small-sized commercial entities and medium-
sized commercial entities that are beginning exporters.--In
carrying out the program established under this section, the
Secretary shall use, to the maximum extent practicable, at
least 30 percent of the total funds available or 30 percent of
the value of any commodities employed, as determined by the
Secretary, for each of fiscal years 1994 and 1995 for program
activities involving small-sized commercial entities, and
medium-sized commercial entities, that are beginning
exporters.''.
(b) Branded Promotion.--Section 203(e)(4) of such Act is amended by
adding at the end the following new sentence: ``Assistance provided
under this paragraph may be used only for market promotion activities
that are in addition to activities for which a commercial entity
expends an amount during a year in a foreign country, in United States
dollars adjusted to reflect the latest Consumer Price Index for all-
urban consumers published by the Department of Labor, that is equal to
the dollar amount expended by the commercial entity (other than amounts
provided under this section) on all market promotion activities during
the preceding year in the foreign country.''.
(c) Other Terms and Conditions.--Section 203(f) of such Act is
amended by adding at the end the following new paragraphs:
``(4) Independent audits.--In addition to an audit that is
required by section 403, the Secretary shall require that, as a
condition of eligibility for assistance under this section, a
commercial entity that receives more than $50,000 a year in
assistance under this section shall provide for an independent
audit of program activities under this section during the year
to determine whether the entity has complied with the
requirements of this section.
``(5) Prohibition on assistance for tobacco.--No assistance
under this section may be used for the development,
maintenance, or expansion of a commercial export market for
tobacco.
``(6) Definitions.--As used in this section:
``(A) Commercial entity.--The term `commercial
entity' means a cooperative or private organization
that exports or promotes an agricultural commodity,
including an entity that controls, is controlled by, or
is under common control with such a cooperative or
private organization.
``(B) Medium-sized commercial entity.--The term
`medium-sized commercial entity' means a commercial
entity that employs not less than 51, nor more than
500, individuals.
``(C) Small-sized commercial entity.--The term
`small-sized commercial entity' means a commercial
entity that employs not more than 50 individuals.''.
(d) Graduation.--Paragraph (2) of section 203(g) of such Act is
amended to read as follows:
``(2) Limitations.--
``(A) Branded promotion.--
``(i) In general.--Assistance provided
under this section to a commercial entity for
activities described in subsection (e)(4) that
are conducted in a foreign country--
``(I) during each year of the first
3-year period the commercial entity
receives assistance for the activities,
shall not exceed 50 percent of the cost
of implementing the marketing plan in
the country;
``(II) during the 4th year of the
period the commercial entity receives
assistance for the activities, shall
not exceed 33 percent of the cost of
implementing the marketing plan in the
country; and
``(III) during the 5th year of
period the commercial entity receives
assistance for the activities, shall
not exceed 17 percent of the cost of
implementing the marketing plan in the
country.
``(ii) Maximum period.--Assistance provided
under this section to a commercial entity for
activities described in subsection (e)(4) that
are conducted in a foreign country shall not be
provided for more than 5 years.
``(B) Generic promotion.--
``(i) In general.--To be eligible for
assistance under this section (other than for
activities described in subsection (e)(4) or
clause (iii)), an eligible trade organization
shall contribute a larger share of the cost of
a marketing plan for a foreign country in each
year the organization conducts activities in
the country, as determined by the Secretary.
``(ii) Maximum period.--The nonfederal
share shall be progressively increased in such
a manner that an eligible trade organization
shall not receive assistance under this section
in the country for more than 5 years.
``(iii) Regional state-related trade
organizations.--Assistance may be provided
under this section for a period not to exceed 5
years for each agricultural commodity for which
an eligible regional State-related organization
has an approved marketing place for an
activity, other than for an activity described
in subsection (e)(4).
``(C) Waiver.--The Secretary may waive the
limitations described in subparagraphs (A) and (B) in
the case of an agricultural commodity with respect to
which there has been a favorable decision by the United
States Trade Representative under section 301 of the
Trade Act of 1974 (19 U.S.C. 2411). To grant waivers,
the Secretary shall establish criteria that are
consistent and documented.''.
SEC. 3. COOPERATOR FOREIGN MARKET DEVELOPMENT PROGRAM.
Section 1126(b) of the Food Security Act of 1985 (7 U.S.C.
1736u(b)) is amended by striking ``shall be'' and inserting ``shall not
be''.
SEC. 4. EFFECTIVE DATE; REGULATIONS.
(a) Effective Date.--This Act and the amendments made by this Act
shall become effective on the date of enactment of this Act.
(b) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out this Act and the amendments made by this Act. | Agricultural Market Promotion Program Amendments Act of 1993 - Amends the Agricultural Trade Act of 1978 with regard to the agricultural market promotion program to: (1) give priority to, and obligate specified funds for, small and medium beginning exporters; (2) permit assistance for branded promotion only to supplement an entity's own promotional activities; (3) prohibit assistance for tobacco promotion; and (4) incrementally reduce and eliminate over a five-year period assistance for branded and generic promotion in a foreign country. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities Committed to College Tax
Credit Act of 2008''.
SEC. 2. CREDIT FOR CONTRIBUTIONS TO A TRUST USED TO PROVIDE NEED-BASED
COLLEGE SCHOLARSHIPS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30D. CONTRIBUTIONS TO TRUST USED TO PROVIDE NEED-BASED COLLEGE
SCHOLARSHIPS.
``(a) Allowance of Credit.--In addition to any deduction allowable
under this title, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to 50
percent of designated qualified college scholarship funding
contributions made by the taxpayer during the taxable year.
``(b) Designated Qualified College Scholarship Funding
Contribution.--For purposes of this section--
``(1) In general.--The term `designated qualified college
scholarship funding contribution' means any charitable
contribution (as defined in section 170(c))--
``(A) which is paid in cash by the taxpayer to a
qualified scholarship funding trust, and
``(B) which is designated by the trust for purposes
of this section.
``(2) Qualified scholarship funding trust.--The term
`qualified scholarship funding trust' means a trust--
``(A) which is established and maintained in the
United States by an organization--
``(i) described in section 501(c)(3) and
exempt from tax under section 501(a), and
``(ii) organized primarily for educational
purposes,
``(B) which is part of a plan of one or more local
education agencies (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965) of the
State in which such trust is established and maintained
to provide scholarships to children of such agencies,
and
``(C) the written governing instrument of which--
``(i) requires that the income of the trust
be used exclusively to provide qualified
scholarships (as defined in section 117(b)) to
individuals who--
``(I) are candidates for a degree
at an institution of higher education
(within the meaning given such term by
section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)), and
``(II) have demonstrated financial
need in accordance with section 471 of
such Act (20 U.S.C. 1087kk), and
``(ii) requires that the assets of the
trust not be distributed for any purpose.
``(c) Limitations.--
``(1) In general.--There is a national qualified college
scholarship funding contribution limitation of $1,000,000,000.
``(2) Allocation of limitation.--
``(A) In general.--Such national limitation shall
be allocated by the Secretary among the qualified
scholarship funding trusts which have registered with
the Secretary on or before the 180th day after the date
of the enactment of this section. Each trust's share of
such national limitation shall be the amount which
bears the same ratio to such limitation as the number
of school age children of such trust's sponsoring
agencies bears to the aggregate number of school age
children of the sponsoring agencies of all trusts which
have so registered with the Secretary.
``(B) School age children of sponsoring agencies.--
For purposes of subparagraph (A), the number of school
age children of a trust's sponsoring agencies is the
number of children of the local education agencies
referred to in subsection (b)(2)(B) who have attained
age 5 but not age 18 for the most recent fiscal year
ending before the date the allocations under this
paragraph are made.
``(3) Designation subject to allocated limitation amount.--
The amount of contributions made to a qualified scholarship
funding trust which may be designated by such trust for
purposes of this section shall not exceed the limitation amount
allocated to such trust under paragraph (2).
``(4) Maximum allocation per trust.--The maximum qualified
college scholarship funding contribution limitation which may
be allocated to each trust is $200,000,000. An amount which may
not be allocated to a trust by reason of the preceding sentence
shall be allocated as provided in paragraph (2) among
registered qualified scholarship funding trusts whose allocated
limitation (without regard to this sentence) does not exceed
$200,000,000.
``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax liability (as defined in section
26(b)) reduced by the sum of the credits allowable under
subpart A and sections 27, 30, 30B, and 30C, over
``(2) the tentative minimum tax for the taxable year.
``(e) Application of Section.--This section shall apply only to
contributions made during the 3-year period beginning on the 180th day
after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30D. Contributions to trust used to provide need-based college
scholarships.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made on or after the 180th day after the date of
the enactment of this Act in taxable years ending after such date. | Communities Committed to College Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for 50% of any contribution to a tax-exempt scholarship funding trust established to provide scholarships for individuals with demonstrated financial need to attend institutions of higher education. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Gives More Act of 2014''.
SEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR
CONTRIBUTIONS OF FOOD INVENTORY.
(a) Permanent Extension.--Section 170(e)(3)(C) of the Internal
Revenue Code of 1986 is amended by striking clause (iv).
(b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as
amended by subsection (a), is amended by striking clause (ii), by
redesignating clause (iii) as clause (iv), and by inserting after
clause (i) the following new clauses:
``(ii) Limitation.--The aggregate amount of
such contributions for any taxable year which
may be taken into account under this section
shall not exceed--
``(I) in the case of any taxpayer
other than a C corporation, 15 percent
of the taxpayer's aggregate net income
for such taxable year from all trades
or businesses from which such
contributions were made for such year,
computed without regard to this
section, and
``(II) in the case of a C
corporation, 15 percent of taxable
income (as defined in subsection
(b)(2)(D)).
``(iii) Rules related to limitation.--
``(I) Carryover.--If such aggregate
amount exceeds the limitation imposed
under clause (ii), such excess shall be
treated (in a manner consistent with
the rules of subsection (d)) as a
charitable contribution described in
clause (i) in each of the 5 succeeding
years in order of time.
``(II) Coordination with overall
corporate limitation.--In the case of
any charitable contribution allowable
under clause (ii)(II), subsection
(b)(2)(A) shall not apply to such
contribution, but the limitation
imposed by such subsection shall be
reduced (but not below zero) by the
aggregate amount of such contributions.
For purposes of subsection (b)(2)(B),
such contributions shall be treated as
allowable under subsection
(b)(2)(A).''.
(c) Determination of Basis for Certain Taxpayers.--Section
170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is
amended by adding at the end the following new clause:
``(v) Determination of basis for certain
taxpayers.--If a taxpayer--
``(I) does not account for
inventories under section 471, and
``(II) is not required to
capitalize indirect costs under section
263A,
the taxpayer may elect, solely for purposes of
subparagraph (B), to treat the basis of any
apparently wholesome food as being equal to 25
percent of the fair market value of such
food.''.
(d) Determination of Fair Market Value.--Section 170(e)(3)(C) of
such Code, as amended by subsections (a), (b), and (c), is amended by
adding at the end the following new clause:
``(vi) Determination of fair market
value.--In the case of any such contribution of
apparently wholesome food which cannot or will
not be sold solely by reason of internal
standards of the taxpayer, lack of market, or
similar circumstances, or by reason of being
produced by the taxpayer exclusively for the
purposes of transferring the food to an
organization described in subparagraph (A), the
fair market value of such contribution shall be
determined--
``(I) without regard to such
internal standards, such lack of
market, such circumstances, or such
exclusive purpose, and
``(II) by taking into account the
price at which the same or
substantially the same food items (as
to both type and quality) are sold by
the taxpayer at the time of the
contribution (or, if not so sold at
such time, in the recent past).''.
(e) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
contributions made after December 31, 2013, in taxable years
ending after such date.
(2) Limitation; applicability to c corporations.--The
amendments made by subsection (b) shall apply to contributions
made in taxable years beginning after December 31, 2013.
SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL
RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE
PERMANENT.
(a) In General.--Section 408(d)(8) of the Internal Revenue Code of
1986 is amended by striking subparagraph (F).
(b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after December 31,
2013.
SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED
AND MADE PERMANENT.
(a) Made Permanent.--
(1) Individuals.--Subparagraph (E) of section 170(b)(1) of
the Internal Revenue Code of 1986 is amended by striking clause
(vi).
(2) Corporations.--Subparagraph (B) of section 170(b)(2) of
such Code is amended by striking clause (iii).
(b) Contributions of Capital Gain Real Property Made for
Conservation Purposes by Native Corporations.--
(1) In general.--Paragraph (2) of section 170(b) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraph (C) as subparagraph (D), and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Qualified conservation contributions by
certain native corporations.--
``(i) In general.--Any qualified
conservation contribution (as defined in
subsection (h)(1)) which--
``(I) is made by a Native
Corporation, and
``(II) is a contribution of
property which was land conveyed under
the Alaska Native Claims Settlement
Act,
shall be allowed to the extent that the
aggregate amount of such contributions does not
exceed the excess of the taxpayer's taxable
income over the amount of charitable
contributions allowable under subparagraph (A).
``(ii) Carryover.--If the aggregate amount
of contributions described in clause (i)
exceeds the limitation of clause (i), such
excess shall be treated (in a manner consistent
with the rules of subsection (d)(2)) as a
charitable contribution to which clause (i)
applies in each of the 15 succeeding years in
order of time.
``(iii) Native corporation.--For purposes
of this subparagraph, the term `Native
Corporation' has the meaning given such term by
section 3(m) of the Alaska Native Claims
Settlement Act.''.
(2) Conforming amendment.--Section 170(b)(2)(A) of such
Code is amended by striking ``subparagraph (B) applies'' and
inserting ``subparagraph (B) or (C) applies''.
(3) Valid existing rights preserved.--Nothing in this
subsection (or any amendment made by this subsection) shall be
construed to modify the existing property rights validly
conveyed to Native Corporations (within the meaning of section
3(m) of the Alaska Native Claims Settlement Act) under such
Act.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2013.
SEC. 5. EXTENSION OF TIME FOR MAKING CHARITABLE CONTRIBUTIONS.
(a) In General.--Subsection (a) of section 170 of the Internal
Revenue Code of 1986 is amended by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively, and by inserting after
paragraph (1) the following new paragraph:
``(2) Treatment of charitable contributions made by
individuals before due date of return.--If any charitable
contribution is made by an individual after the close of a
taxable year but not later than the due date (determined
without regard to extensions) for the return of tax for such
taxable year, then the taxpayer may elect to treat such
charitable contribution as made in such taxable year. Such
election shall be made at such time and in such manner as the
Secretary may provide. For purposes of this paragraph, an
individual's distributive share of a partnership's charitable
contribution, and an individual's pro rata share of an S
corporation's charitable contribution, shall not be treated as
charitable contributions made by such individual.''.
(b) Effective Date.--The amendments made by this section shall
apply to elections made with respect to taxable years beginning after
December 31, 2013.
SEC. 6. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT
INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) of the Internal Revenue Code of
1986 is amended by striking ``2 percent'' and inserting ``1 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets Certain
Distribution Requirements.--Section 4940 of such Code is amended by
striking subsection (e).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. BUDGETARY EFFECTS.
(a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of
this Act shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
Passed the House of Representatives July 17, 2014.
Attest:
KAREN L. HAAS,
Clerk. | America Gives More Act of 2014 - Amends the Internal Revenue Code to: (1) make permanent the enhanced tax deduction for charitable contributions of food inventory; (2) increase from 10% to 15% of the aggregate net income of taxpayers other than C corporations the amount of deductible food inventory contributions which such taxpayers may make in any taxable year (for a C corporation, 15% of its taxable income); (3) permit a taxpayer who is not required to account for inventories or capitalize indirect costs, to elect, solely for purposes of computing the amount of the deduction, to treat the basis of any apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act) as equal to 25% of the fair market value of such food; and (4) set forth a formula for determining the fair market value of such food. Makes permanent: (1) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes, and (2) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes. Allows taxpayers to treat a charitable contribution made after the close of the taxable year but before the due date of the tax return as being made in such taxable year. Reduces from 2% to 1% the excise tax rate on the net investment income of tax-exempt private foundations. Repeals the 1% reduction in such tax rate for private foundations that meet certain distribution requirements. Prohibits the entry of the budgetary effects of this Act on any PAYGO (pay-as-you-go) scorecard. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Airlift Requirements
Act''.
SEC. 2. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER AIRLIFT FORCE.
(a) Study Required.--
(1) In general.--The Secretary of Defense shall conduct a
study on various alternatives for the size and mix of assets
for the Air Force intertheater airlift force, with a particular
focus on current and planned capabilities and costs of the C-5
aircraft and C-17 aircraft fleets.
(2) Conduct of study.--
(A) Use of ffrdc.--The Secretary shall select to
conduct the study required by subsection (a) a
federally funded research and development center
(FFRDC) that has experience and expertise in conducting
studies similar to the study required by subsection
(a).
(B) Development of study methodology.--Not later
than 90 days after the date of enactment of this Act,
the federally funded research and development center
selected for the conduct of the study shall--
(i) develop the methodology for the study;
and
(ii) submit the methodology to the
Comptroller General of the United States for
review.
(C) Comptroller general review.--Not later than 30
days after receipt of the methodology under
subparagraph (B), the Comptroller General shall--
(i) review the methodology for purposes of
identifying any flaws or weaknesses in the
methodology; and
(ii) submit to the federally funded
research and development center a report that--
(I) sets forth any flaws or
weaknesses in the methodology
identified by the Comptroller General
in the review; and
(II) makes any recommendations the
Comptroller General considers advisable
for improvements to the methodology.
(D) Modification of methodology.--Not later than 30
days after receipt of the report under subparagraph
(C), the federally funded research and development
center shall--
(i) modify the methodology in order to
address flaws or weaknesses identified by the
Comptroller General in the report and to
improve the methodology in accordance with the
recommendations, if any, made by the
Comptroller General; and
(ii) submit to the congressional defense
committees a report that--
(I) describes the modifications of
the methodology made by the federally
funded research and development center;
and
(II) if the federally funded
research and development center does
not improve the methodology in
accordance with any particular
recommendation of the Comptroller
General, sets forth a description and
explanation of the reasons for such
action.
(3) Utilization of other studies.--The study shall build
upon the results of the recent Mobility Capabilities Studies of
the Department of Defense, the on-going Intratheater Airlift
Fleet Mix Analysis, and other appropriate studies and analyses.
The study should also include any results reached on the
modified C-5A aircraft configured as part of the Reliability
Enhancement and Re-engining Program (RERP) configuration, as
specified in section 132 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411).
(b) Elements.--The study under subsection (a) shall address the
following:
(1) The state of the current intertheater airlift fleet of
the Air Force, including the extent to which the increased use
of heavy airlift aircraft in Operation Iraqi Freedom, Operation
Enduring Freedom, and other ongoing operations is affecting the
aging of the aircraft of that fleet.
(2) The adequacy of the current intertheater airlift force,
including whether or not the current target number of 301
airframes for the Air Force heavy lift aircraft fleet will be
sufficient to support future expeditionary combat and non-
combat missions as well as domestic and training mission
demands consistent with the requirements of the National
Military Strategy.
(3) The optimal mix of C-5 aircraft and C-17 aircraft for
the intertheater airlift fleet of the Air Force, and any
appropriate mix of C-5 aircraft and C-17 aircraft for
intratheater airlift missions, including an assessment of the
following:
(A) The cost advantages and disadvantages of
modernizing the C-5 aircraft fleet when compared with
procuring new C-17 aircraft, which assessment shall be
performed in concert with the Cost Analysis Improvement
Group and be based on program life cycle cost estimates
for the respective aircraft.
(B) The military capability of the C-5 aircraft and
the C-17 aircraft, including number of lifetime flight
hours, cargo and passenger carrying capabilities, and
mission capable rates for such airframes. In the case
of assumptions for the C-5 aircraft, and any
assumptions made for the mission capable rates of the
C-17 aircraft, sensitivity analyses shall also be
conducted to test assumptions. The military capability
study for the C-5 aircraft shall also include an
assessment of the mission capable rates after each of
the following:
(i) Successful completion of the Avionics
Modernization Program (AMP) and the Reliability
Enhancement and Re-engining Program (RERP).
(ii) Partially successful completion of the
Avionics Modernization Program and the
Reliability Enhancement and Re-engining
Program, with partially successful completion
of either such program being considered the
point at which the continued execution of such
program is no longer supported by cost-benefit
analysis.
(C) The tactical capabilities of strategic airlift
aircraft, the potential increase in use of strategic
airlift aircraft for tactical missions, and the value
of such capabilities to tactical operations.
(D) The value of having more than one type of
aircraft in the strategic airlift fleet, and the
potential need to pursue a replacement aircraft for the
C-5 aircraft that is larger than the C-17 aircraft.
(4) The means by which the Air Force was able to restart
the production line for the C-5 aircraft after having closed
the line for several years, and the actions to be taken to
ensure the production line for the C-17 aircraft could be
restarted if necessary, including--
(A) an analysis of the costs of closing and re-
opening the production line for the C-5 aircraft; and
(B) an assessment of the costs of closing and re-
opening the production line for the C-17 aircraft on a
similar basis.
(5) The financial effects of retiring, upgrading and
maintaining, or continuing current operations of the C-5A
aircraft fleet on procurement decisions relating to the C-17
aircraft.
(6) The impact that increasing the role and use of
strategic airlift aircraft in intratheater operations will have
on the current target number for strategic airlift aircraft of
301 airframes, including an analysis of the following:
(A) The appropriateness of using C-5 aircraft and
C-17 aircraft for intratheater missions, as well as the
efficacy of these aircraft to perform current and
projected future intratheater missions.
(B) The interplay of existing doctrinal
intratheater airlift aircraft (such as the C-130
aircraft and the future Joint Cargo Aircraft (JCA))
with an increasing role for C-5 aircraft and C-17
aircraft in intratheater missions.
(C) The most appropriate and likely missions for C-
5 aircraft and C-17 aircraft in intratheater operations
and the potential for increased requirements in these
mission areas.
(D) Any intratheater mission sets best performed by
strategic airlift aircraft as opposed to traditional
intratheater airlift aircraft.
(E) Any requirements for increased production or
longevity of C-5 aircraft and C-17 aircraft, or for a
new strategic airlift aircraft, in light of the matters
analyzed under this paragraph.
(7) Taking into consideration all applicable factors,
whether or not the replacement of C-5 aircraft with C-17
aircraft on a one-for-one basis will result in the retention of
a comparable strategic airlift capability.
(c) Construction.--Nothing in this section shall be construed to
exclude from the study under subsection (a) consideration of airlift
assets other than the C-5 aircraft or C-17 aircraft that do or may
provide intratheater and intertheater airlift, including the potential
that such current or future assets may reduce requirements for C-5
aircraft or C-17 aircraft.
(d) Collaboration With Transcom.--The federally funded research and
development center selected under subsection (a) shall conduct the
study required by that subsection and make the report required by
subsection (e) in concert with the United States Transportation
Command.
(e) Report by FFRDC.--
(1) In general.--Not later than February 4, 2009, the
federally funded research and development center selected under
subsection (a) shall submit to the Secretary of Defense, the
congressional defense committees, and the Comptroller General
of the United States a report on the study required by
subsection (a).
(2) Review by gao.--Not later than 90 days after receipt of
the report under paragraph (1), the Comptroller General shall
submit to the congressional defense committee a report on the
study conducted under subsection (a) and the report under
paragraph (1). The report under this subsection shall include
an analysis of the study under subsection (a) and the report
under paragraph (1), including an assessment by the Comptroller
General of the strengths and weaknesses of the study and
report.
(f) Report by Secretary of Defense.--
(1) In general.--Not later than _____, 2009, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the study required by subsection
(a).
(2) Elements.--The report shall include a comprehensive
discussion of the findings of the study, including a particular
focus on the following:
(A) A description of lift requirements and
operating profiles for intertheater airlift aircraft
required to meet the National Military Strategy,
including assumptions regarding:
(i) Current and future military combat and
support missions.
(ii) The planned force structure growth of
the Army and the Marine Corps.
(iii) Potential changes in lift
requirements, including the deployment of the
Future Combat Systems by the Army.
(iv) New capability in strategic airlift to
be provided by the KC(X) aircraft and the
expected utilization of such capability,
including its use in intratheater lift.
(v) The utilization of the heavy lift
aircraft in intratheater combat missions.
(vi) The availability and application of
Civil Reserve Air Fleet assets in future
military scenarios.
(vii) Air mobility requirements associated
with the Global Rebasing Initiative of the
Department of Defense.
(viii) Air mobility requirements in support
of peacekeeping and humanitarian missions
around the globe.
(ix) Potential changes in lift requirements
based on equipment procured for Iraq and
Afghanistan.
(B) A description of the assumptions utilized in
the study regarding aircraft performances and loading
factors.
(C) A comprehensive statement of the data and
assumptions utilized in making program life cycle cost
estimates.
(D) A comparison of cost and risk associated with
optimal mix airlift fleet versus program of record
airlift fleet.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex. | United States Airlift Requirements Act - Directs the Secretary of Defense to study alternatives for the asset size and mix for the Air Force intertheater airlift force, focusing on current and planned capabilities and costs of the C-5 and C-17 fleets. Requires that the study be conducted through a federally funded research and development center (FFRDC) in concert with the United States Transportation Command. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio Broadcasting Preservation Act
of 2000''.
SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED.
(a) Third-Adjacent Channel Protections Required.--
(1) Modifications required.--The Federal Communications
Commission shall modify the rules authorizing the operation of
low-power FM radio stations, as proposed in MM Docket No. 99-
25, to--
(A) prescribe minimum distance separations for
third-adjacent channels (as well as for co-channels and
first- and second-adjacent channels); and
(B) prohibit any applicant from obtaining a low-
power FM license if the applicant has engaged in any
manner in the unlicensed operation of any station in
violation of section 301 of the Communications Act of
1934 (47 U.S.C. 301).
(2) Congressional authority required for further changes.--
The Federal Communications Commission may not--
(A) eliminate or reduce the minimum distance
separations for third-adjacent channels required by
paragraph (1)(A); or
(B) extend the eligibility for application for low-
power FM stations beyond the organizations and entities
as proposed in MM Docket No. 99-25 (47 CFR 73.853),
except as expressly authorized by Act of Congress enacted after
the date of the enactment of this Act.
(3) Validity of prior actions.--Any license that was issued
by the Commission to a low-power FM station prior to the date
on which the Commission modify its rules as required by
paragraph (1) and that does not comply with such modifications
shall be invalid.
(b) Further Evaluation of Need for Third-Adjacent Channel
Protections.--
(1) Pilot program required.--The Federal Communications
Commission shall conduct an experimental program to test
whether low-power FM radio stations will result in harmful
interference to existing FM radio stations if such stations are
not subject to the minimum distance separations for third-
adjacent channels required by subsection (a). The Commission
shall conduct such test in no more than nine FM radio markets,
including urban, suburban, and rural markets, by waiving the
minimum distance separations for third-adjacent channels for
the stations that are the subject of the experimental program.
At least one of the stations shall be selected for the purpose
of evaluating whether minimum distance separations for third-
adjacent channels are needed for FM translator stations. The
Commission may, consistent with the public interest, continue
after the conclusion of the experimental program to waive the
minimum distance separations for third-adjacent channels for
the stations that are the subject of the experimental program.
(2) Conduct of testing.--The Commission shall select an
independent testing entity to conduct field tests in the
markets of the stations in the experimental program under
paragraph (1). Such field tests shall include--
(A) an opportunity for the public to comment on
interference; and
(B) independent audience listening tests to
determine what is objectionable and harmful
interference to the average radio listener.
(3) Report to congress.--The Commission shall publish the
results of the experimental program and field tests and afford
an opportunity for the public to comment on such results. The
Federal Communications Commission shall submit a report on the
experimental program and field tests to the Committee on
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than February 1, 2001. Such report shall include--
(A) an analysis of the experimental program and
field tests and of the public comment received by the
Commission;
(B) an evaluation of the impact of the modification
or elimination of minimum distance separations for
third-adjacent channels on--
(i) listening audiences;
(ii) incumbent FM radio broadcasters in
general, and on minority and small market
broadcasters in particular, including an
analysis of the economic impact on such
broadcasters;
(iii) the transition to digital radio for
terrestrial radio broadcasters;
(iv) stations that provide a reading
service for the blind to the public; and
(v) FM radio translator stations;
(C) the Commission's recommendations to the
Congress to reduce or eliminate the minimum distance
separations for third-adjacent channels required by
subsection (a); and
(D) such other information and recommendations as
the Commission considers appropriate. | Prohibits the FCC, without specific authorization by Congress, from: (1) eliminating or reducing such minimum distance separations for third-adjacent channels; or (2) extending the eligibility for low-power FM stations beyond those organizations and entities proposed in MM Docket No. 99-25.
Invalidates any previously issued low-power FM station license that does not comply with such rule modifications.
Directs the FCC to conduct an experimental program to test whether low- power FM stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separation requirements. Requires the FCC to: (1) publish test results and allow an opportunity for public comment; and (2) report test results and FCC recommendations on reducing or eliminating minimum distance standards to specified congressional committees. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Avonte's Law Act of 2014''.
SEC. 2. GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE
WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART LL--GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE
WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES
``SEC. 3021. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to law
enforcement agencies to--
``(1) reduce the risk of injury and death relating to the
wandering characteristics of some individuals with autism and
other disabilities; and
``(2) safeguard the well-being of individuals with
disabilities during interactions with law enforcement.
``(b) Uses of Funds.--A grant awarded under this section shall be--
``(1) distributed directly to a law enforcement agency; and
``(2) used to--
``(A) provide education and resources to law
enforcement agencies, first responders, schools,
clinicians, and the public in order to--
``(i) reduce the risk of wandering by
individuals with autism or other disabilities;
``(ii) help to identify signs of abuse in
individuals with autism or other disabilities;
``(iii) increase personal safety and
survival skills for individuals with autism or
other disabilities; and
``(iv) facilitate effective communication
with individuals who have communication-related
disabilities, including the use of assistive
communication techniques and technology;
``(B) provide training and emergency protocols for
school administrators, staff, and families;
``(C) provide response tools and training for law
enforcement and search-and-rescue agencies, including--
``(i) tracking technology;
``(ii) reverse 911 technology;
``(iii) assistive communication technology;
``(iv) Endangered Missing Advisories; and
``(v) Federal search-and-rescue guidelines
for special needs children; or
``(D) provide response tools and training to law
enforcement agencies in order to recognize and respond
to individuals with intellectual and developmental
disabilities.
``(c) Standards and Best Practices for Use of Tracking Devices.--
``(1) Establishment.--
``(A) In general.--Not later than 120 days after
the date of enactment of this part, the Attorney
General, in consultation with the Secretary of Health
and Human Services and leading research, advocacy,
self-advocacy, and service organizations, shall
establish standards and best practices relating to the
use of tracking technology to monitor children with
autism and other disabilities.
``(B) Requirements.--In establishing the standards
and best practices required under subparagraph (A), the
Attorney General--
``(i) shall determine--
``(I) the criteria used to
determine which individuals would
benefit from the use of a tracking
device; and
``(II) who should have direct
access to the tracking system; and
``(ii) may establish standards and best
practices the Attorney General determines are
necessary to the administration of a tracking
system, including procedures in order to--
``(I) safeguard the privacy of the
data used by the tracking device such
that--
``(aa) access to the data
is restricted to agencies
determined necessary by the
Attorney General; and
``(bb) use of the data is
solely for the purpose of
preventing injury or death;
``(II) develop criteria to
determine whether use of the tracking
device is the least restrictive
alternative in order to prevent risk of
injury or death prior to issuing the
tracking device, including the previous
consideration of less restrictive
alternatives;
``(III) provide training for law
enforcement agencies to recognize signs
of abuse in their interactions with
applicants;
``(IV) protecting the civil rights
and liberties of children with
disabilities who use tracking devices,
including their rights under the Fourth
Amendment of the Constitution of the
United States;
``(V) establish a complaint and
investigation process to address--
``(aa) incidents of
noncompliance by grant
recipients with the best
practices established by the
Attorney General or other
applicable law; and
``(bb) use of a tracking
device over the objection of a
child with a disability; and
``(VI) the role which State
agencies responsible for providing
services to children with developmental
disabilities and State agencies
responsible for child protective
services should have in the
administration of a tracking system.
``(2) Required compliance.--
``(A) In general.--Each law enforcement agency that
receives a grant under this section shall comply with
any standards and best practices relating to the use of
tracking devices as established by the Attorney General
under paragraph (1), in consultation with the Secretary
of Health and Human Services and leading research,
advocacy, self-advocacy, and service organizations.
``(B) Determination of compliance.--The Attorney
General, in consultation with the Secretary of Health
and Human Services, shall determine whether a law
enforcement agency that receives a grant under this
section acts in compliance with the requirement
described in paragraph (1).
``(3) Applicability of standards and best practices.--The
standards and best practices established by the Attorney
General under paragraph (1) shall apply only to the grant
program authorized under this part.
``SEC. 3022. APPLICATIONS.
``To request a grant under section 3021, the head of a law
enforcement agency shall submit an application to the Attorney General
in such form and containing such information as the Attorney General
may reasonably require.
``SEC. 3023. DEFINITIONS.
``In this part--
``(1) the term `child' means an individual who is less than
18 years of age;
``(2) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(3) the term `law enforcement agency' means an agency of
a State, unit of local government, or Indian tribe that is
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law;
``(4) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(5) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.
``SEC. 3024. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2015 through 2019.''. | Avonte's Law Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to law enforcement agencies to: (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities, and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. Requires grant awards to be used to: (1) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to reduce the risk of wandering by such individuals, help to identify signs of abuse in such individuals, increase their personal safety and survival skills, and facilitate effective communication with individuals who have communication-related disabilities; (2) provide training and emergency protocols for school administrators, staff, and families; (3) provide response tools and training for law enforcement and search-and-rescue agencies, including tracking technology; or (4) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. Directs the Attorney General to establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. Requires each law enforcement agency that receives a grant to comply with any such standards and best practices. | [
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] |
SECTION 1. AMENDMENTS RELATED TO SUPPLEMENTAL WATER SUPPLY AND FUNDING.
(a) Supplemental Water Supply.--Section 106(a) of the San Luis Rey
Indian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000)
is amended to read as follows:
``(a) Obligation To Arrange for Development of Water for Bands and
Local Entities.--
``(1) To provide a supplemental water supply for the
benefit of the Bands and the local entities, subject to the
provisions of the settlement agreement, the Secretary shall--
``(A) arrange for the development of not more than
16,000 acre-feet per year of supplemental water from
public lands within the boundaries of the State of
California outside the service area of the Central
Valley Project;
``(B) obtain not more than 16,000 acre-feet per
year either from water conserved by the works
authorized in title II, or through contract with the
Metropolitan Water District of Southern California; or
``(C) construct that portion of the works
authorized in title II that is necessary to conserve
16,000 acre-feet of water per year, and arrange to
deliver such water to the Bands and the local entities
by exchange or through contract with the Metropolitan
Water District of Southern California and other parties
with conveyance facilities.
``(2) Except as provided in subsection (d)(3), the right to
the 16,000 acre-feet of water per year provided pursuant to
paragraph (1) shall be held in perpetuity by the United States
in trust for the San Luis Rey Indian Water Authority and shall
be subject to the provisions of this title and of the
settlement agreement governing the use and disposition of
supplemental water. The use of such water shall not be subject
to the provisions of section 204. Nothing in this section or
any other provision of this title shall authorize the
construction of any new dams, reservoirs, or surface water
storage facilities.''.
(b) Authorization of Appropriations.--Section 106(d) of such Act is
amended to read as follows:
``(d) Cost of Developing and Delivering Water.--
``(1) Use of federal funds.--There are authorized to be
appropriated such funds as may be necessary to construct that
portion of the works authorized in title II that is necessary
to conserve 16,000 acre-feet of water per year. Neither the
costs of delivering supplemental water nor the costs of
operating, maintaining, and replacing the works necessary to
conserve 16,000 acre-feet of water per year once those works
have been constructed shall be borne by the United States, and
no Federal appropriations are authorized for those purposes.
``(2) Operation and maintenance determination.--The
Secretary shall determine the impact of the works constructed
pursuant to subsection (a)(1)(C) on the cost of operation and
maintenance and the existing regulating and storage capacity of
the All American Canal and its Coachella Branch. If the works
result in any added operation and maintenance costs which
exceed the benefits derived from increasing the regulating and
storage capacity of the canals to the Imperial Irrigation
District or the Coachella Valley Water District, the Indian
Water Authority and the local entities shall reimburse the
agency which experiences such additional costs on an annual
basis pursuant to the Secretary's determination.
``(3) Obligation to maintain conservation provided by
works.--The right to 16,000 acre-feet of water per year
obtained by the construction of the works described in
subsection (a)(1)(C), although perpetual in nature, is subject
to the works described in subsection (a)(1)(C) being
maintained so as to continue to conserve 16,000 acre-feet of water per
year as compared to the situation that existed prior to the
construction of those works. The Secretary shall determine the amount
of water so conserved by said works on an ongoing basis, and shall
allow said water to be delivered to the Indian Water Authority and the
local entities only to the extent that said water has actually been so
conserved by said works.''.
(c) Limitation on Funds.--Section 203(e)(1) of such Act is amended
to read as follows:
``(1) Except as provided in section 106(d), no Federal
funds may be used for construction of the works described in
subsection (a)(1).''.
(d) Beneficial Use in California.--Section 204(b) of such Act is
amended to read as follows:
``(b) Beneficial Use in California.--
``(1) The water identified in subsection (a) (other than
that provided pursuant to section 106(a)) shall be made
available, subject to the approval requirement established in
section 203(c)(3), for consumptive use by California
Contractors within their service areas according to their
priorities under the Seven Party Agreement.
``(2) If the water made available under paragraph (1) is
used during the term of the funding agreements by a California
Contractor other than a Participating Contractor, or a
Participating Contractor in an amount in excess of its
proportionate share as measured by the amount of its
contributed funds in relation to the total contributed funds,
such contractor shall reimburse the Participating Contractors
in an amount equal to the sum of--
``(A) the annualized amounts of their respective
contributions which funded the conservation of water so
used;
``(B) any added costs of operation and maintenance
as determined in section 203(b); and
``(C) related mitigation costs under section
203(a)(2).
``(3) Reimbursements made pursuant to paragraph (3) shall
be based on the costs each Participating Contractor incurs in
contributing funds, its total contribution, and the life of the
works.''. | Amends the San Luis Rey Indian Water Rights Settlement Act to direct the Secretary of the Interior, as an alternative by which to provide a supplemental water supply for the benefit of certain Mission Indian Bands in San Diego County, California, and the City of Escondido, California, the Escondido Mutual Water Company, and the Vista Irrigation District (local entities) to construct that portion of the All-American Canal Lining that is necessary to conserve 16,000 acre-feet of water per year and arrange to deliver such water to the Bands and such local entities by exchange or through contract with the Metropolitan Water District of Southern California and other parties with conveyance facilities. Requires the right to such water to be held in perpetuity by the United States in trust for the San Luis Rey Indian Water Authority subject to such Act and the settlement agreement governing the use and disposition of supplemental water. Authorizes appropriations for such construction, but prohibits Federal funding for operating, maintenance, or replacement costs. Directs the Secretary to determine the impact of such works constructed on the cost of operation and maintenance and the existing regulating and storage capacity of the All-American Canal and its Coachella Branch. Requires, if the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Indian Water Authority and the local entities shall reimburse the agency which experiences such additional costs on an annual basis pursuant to the Secretary's determination.
States that the right to 16,000 acre-feet of water per year obtained by such construction is subject to such works being maintained so as to continue to conserve 16,000 acre-feet of water per year as compared to the situation that existed prior to the construction. Provides for the Secretary to determine the amount of water so conserved on an ongoing basis and to allow only such water as has actually been conserved to be delivered to the Indian Water Authority and the local entities. | [
2,
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clarence Gideon Full Access to
Justice Act'' or the ``Gideon Act''.
SEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3006A the following:
``Sec. 3006B. Defender Office for Supreme Court Advocacy
``(a) Definitions.--In this section--
``(1) the term `Board' means the Board of Directors
established under subsection (d) for the Office;
``(2) the term `consult' includes, with respect to covered
cases--
``(A) giving advice;
``(B) drafting or editing briefs;
``(C) providing assistance with moot courts; and
``(D) organizing or coordinating the drafting,
editing, and filing of amicus curiae briefs;
``(3) the term `covered case' means a noncapital case
involving an issue of Federal criminal statutory or
constitutional law;
``(4) the term `Director' means the Director of the Office
selected in accordance with subsection (e); and
``(5) the term `Office' means the Defender Office for
Supreme Court Advocacy established under subsection (b).
``(b) Establishment; Purposes.--There is established in the
District of Columbia a private nonmembership nonprofit corporation,
which shall be known as the Defender Office for Supreme Court Advocacy,
for the purpose of--
``(1) advocating on behalf of individuals in covered cases
before--
``(A) the Supreme Court of the United States; and
``(B) when resources permit, the highest court of a
State; and
``(2) providing assistance to attorneys advocating on
behalf of individuals in covered cases described in paragraph
(1).
``(c) Principal Office.--The Office shall maintain its principal
office in the District of Columbia.
``(d) Board of Directors.--
``(1) In general.--The Office shall have a Board of
Directors consisting of 18 voting members--
``(A) 6 of whom shall be Federal Public Defenders
or Executive Directors of Community Defender
Organizations described in section 3006A, elected by
the Federal Public Defenders and the Executive
Directors of Community Defender Organizations in each
district;
``(B) 6 of whom shall be attorneys from a panel
described in section 3006A(b), elected by the panel
attorney district representatives; and
``(C) 6 of whom shall be State or local public
defenders from geographically diverse States, who shall
be elected by the individuals elected under
subparagraphs (A) and (B) not later than 6 months after
the date of the first meeting of the Board.
``(2) Staggered terms.--
``(A) In general.--A member of the Board shall
serve a term of 4 years, except that the first members
elected to the Board under subparagraph (A) or (B) of
paragraph (1) shall be divided into Class A and Class
B.
``(B) Classes.--Class A and Class B shall each
consist of--
``(i) 3 members elected under paragraph
(1)(A); and
``(ii) 3 members elected under paragraph
(1)(B).
``(C) Terms.--
``(i) Initial terms.--For the initial
members of the Board--
``(I) members of Class A shall
serve a term of 2 years;
``(II) members of Class B shall
serve a term of 4 years; and
``(III) members elected under
paragraph (1)(C) shall serve a term of
4 years.
``(ii) Subsequent terms.--All subsequent
terms shall be for a term of 4 years.
``(D) Membership of each class.--The membership of
each class shall be determined by the members of the
Board at the first meeting of the Board of Directors.
``(E) Vacancies.--Interim elections may be held to
fill any vacancies.
``(3) Bylaws.--The Board shall establish bylaws to govern
the operations of the Office.
``(e) Director.--
``(1) In general.--The Board of Directors shall appoint a
Director for the Office.
``(2) Requirement.--The Director appointed under paragraph
(1) shall not be a member of the Board of Directors.
``(f) General Requirements for Director.--The Director shall be
learned and experienced in the law applicable to Federal criminal
appellate practice.
``(g) Functions of the Office.--
``(1) Grants of petitions for writs of certiorari in the
supreme court of the united states.--
``(A) In general.--On the granting of a petition
for a writ of certiorari by the Supreme Court of the
United States in a covered case, the Office shall--
``(i) consult with any counsel in a covered
case in which the defendant was previously
represented by counsel appointed under section
3006A; and
``(ii) when resources permit, be available
to consult with counsel in any other covered
case.
``(B) Arguing case.--In any covered case, an
attorney described in clause (i) or (ii) of
subparagraph (A) may--
``(i) advocate on behalf of an individual
before the Supreme Court of the United States;
or
``(ii) permit the Office to advocate on
behalf of an individual before the Supreme
Court of the United States.
``(2) Filing of amicus curiae briefs.--The Office may file
an amicus curiae brief--
``(A) in any covered case in the Supreme Court of
the United States; and
``(B) when resources permit, in a covered case in
the highest courts of States.
``(3) Call for the views of the office; leave to
participate in oral argument.--In any covered case--
``(A) upon request by the Supreme Court of the
United States--
``(i) the Office may provide the views of
the Office on the covered case; and
``(ii) an employee of the Office may
participate in oral argument as amicus curiae;
and
``(B) upon request by the highest court of a State,
and when resources permit--
``(i) the Office may provide the views of
the Office on the covered case; and
``(ii) an employee of the Office may
participate in oral argument as amicus curiae.
``(4) Monitoring court decisions and filing petitions for
certiorari.--The Office may--
``(A) monitor issues in covered cases--
``(i) on which the courts of appeals of the
United States are divided; or
``(ii) that involve significant Federal
criminal statutory or constitutional issues;
and
``(B) draft, edit, and file a petition for
certiorari in the Supreme Court of the United States on
behalf of an individual seeking review by the Supreme
Court of the United States of a covered case.
``(5) Training.--The Office may provide training to carry
out the purpose and functions of the Office.
``(6) Other functions.--In addition to the functions
described in paragraphs (1) through (5), the Director may
allocate any funds made available to the Office for any other
function that the Director determines is necessary to carry out
the purposes of the Office, including, when resources permit,
advocacy in a covered case before the highest court of a State.
``(h) Employees.--The Director, subject to general policies
established by the Office, has the authority to appoint and remove such
employees of the Office as the Director determines necessary to carry
out the purposes of the Office.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 201 of title 18, United States Code, is amended by inserting
after the item relating to section 3006A the following:
``3006B. Defender Office for Supreme Court Advocacy.''. | Clarence Gideon Full Access to Justice Act or the Gideon Act This bill amends the federal criminal code by establishing the Defender Office for Supreme Court Advocacy as a private, nonmembership, nonprofit corporation. It must advocate on behalf of individuals in noncapital cases involving an issue of federal criminal statutory law or constitutional law before: (1) the Supreme Court of the United States, and (2) the highest courts in the states when resources permit. The office may also provide assistance to attorneys advocating on behalf of those individuals. | [
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] |
SECTION 1. NATIONAL TESTS.
(a) OERI Annual Spending Plan.--Notwithstanding any other provision
of law, the Assistant Secretary for Educational Research and
Improvement shall submit to the Committee on Appropriations of the
Senate a spending plan for activities funded through the Office of
Educational Research and Improvement for each fiscal year, prior to the
obligation of any funds for the fiscal year.
(b) Exclusive Authority.--Notwithstanding any other provision of
law, the National Assessment Governing Board established under section
412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011)
(hereafter in this section referred to as the ``Board'') shall
hereafter have exclusive authority over all policies, direction, and
guidelines for establishing and implementing voluntary national tests
for 4th grade English reading and 8th grade mathematics.
(c) Availability.--The tests described in subsection (b) shall be
made available to a State, local educational agency, or private or
parochial school, upon the request of the State, agency, or school, and
the use of the tests shall not be a condition for receiving any Federal
funds.
(d) Contract.--
(1) In general.--Within 90 days after the date of enactment
of this Act, the Board shall review the national test
development contract in effect on the date of enactment of this
Act, and modify the contract as the Board determines necessary.
If the contract cannot be modified to the extent determined
necessary by the Board, the contract shall be terminated and
the Board shall negotiate a new contract, under the Board's
exclusive control, for the tests.
(2) Board duties.--In exercising the Board's
responsibilities under paragraph (1) regarding the national
tests, and notwithstanding any action undertaken by the
Department of Education or a person contracting with or
providing services for the Department regarding the planning,
or the development of specifications, for the tests, the Board
shall--
(A) ensure that the content and standards for the
tests are the same as the content and standards for the
National Assessment;
(B) exercise exclusive authority over any expert
panel or advisory committee that will be or is
established with respect to the tests;
(C) ensure that the tests are linked to the
National Assessment to the maximum degree possible ;
(D) develop test objectives, test specifications,
and test methodology;
(E) develop policies for test administration,
including guidelines for inclusion of, and
accommodations for, students with disabilities and
students with limited English proficiency;
(F) develop policies for reporting test results,
including the use of standards or performance levels,
and for test use;
(G) have final authority over the appropriateness
of all test items;
(H) ensure that all items selected for use on the
tests are free from racial, cultural, or gender bias;
and
(I) take such actions and make such policies as the
Board determines necessary.
(e) Consent Required.--No State or local educational agency may
require any private or parochial school student, or home-schooled
individual, to take any test developed under this Act without the
written consent of the student or individual.
(f) NAGB Amendments.--Section 412 of the National Education
Statistics Act of 1994 (20 U.S.C. 9011) is amended--
(1) in subsection (b)(1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) three Governors, or former Governors, of whom
not more than 1 shall be a member of the same political
party as the President;'';
(B) by amending subparagraph (B) to read as
follows:
``(B) two State legislators, of whom not more than
1 shall be a member of the same political party as the
President;'';
(C) in subparagraph (H), by striking ``one
representative'' and inserting ``three
representatives'';
(D) by amending subparagraph (I) to read as
follows:
``(I) two mayors, of whom not more than 1 shall be
a member of the same political party as the
President;'';
(E) by striking subparagraph (J); and
(F) by redesignating subparagraphs (K), (L), and
(M) as subparagraphs (J), (K), and (L), respectively;
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and may not
exceed a period of 3'' and inserting ``and shall be for
periods of 4''; and
(B) in paragraph (2), by inserting ``consecutive''
after ``two'';
(3) by amending subsection (d) to read as follows:
``(d) Vacancies.--As vacancies on the Board occur, new members of
the Board shall be appointed by the Secretary from among individuals
who are nominated by the Board after consultation with representatives
of the individuals described in subsection (b)(1). For each vacancy,
the Board shall nominate at least 3 individuals who are qualified by
experience or training to fill the particular Board vacancy.''; and
(4) in subsection (e) by adding at the end the following:
``(7) Independence.--In the exercise of its functions,
powers, and duties, the Board shall be independent of the
Secretary and the other offices and officers of the Department.
The Secretary shall, by written delegation of authority,
authorize the Board to award grants and contracts, and
otherwise operate, to the maximum extent practicable,
independent of the Department.''.
(g) Appointments.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Education, in consultation with
the Speaker and Minority Leader of the House of Representatives, and
the Majority Leader and Minority Leader of the Senate, shall appoint
individuals to fill vacancies on the National Assessment Governing
Board caused by the expiration of the terms of members of the Board, or
the creation of new membership positions on the Board pursuant to
amendments made by this Act. | Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year.
Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics.
Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school.
Prohibits making the use of such tests a condition for receiving any Federal funds.
Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control.
Sets forth Board responsibilities with respect to development of, and content and standards for, such tests.
Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent.
Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education.
Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Health Relief Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES
Sec. 101. Protecting American jobs and wages.
Sec. 102. Increasing flexibility for small businesses.
Sec. 103. Increasing choices for Americans.
Sec. 104. Protecting patients from higher premiums.
Sec. 105. Ensuring affordable coverage.
TITLE II--INCREASING CONSUMER CONTROL
Sec. 201. Repeal of the restriction on over-the-counter medicines.
Sec. 202. Repeal of the annual cap.
TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE
Sec. 301. Allowing individuals to keep the coverage they have if they
like it.
TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES
SEC. 101. PROTECTING AMERICAN JOBS AND WAGES.
Sections 1513 and 1514 and subsections (e), (f), and (g) of section
10106 of the Patient Protection and Affordable Care Act (Public Law
111-148) and the amendments made by such sections and subsections are
repealed and the Internal Revenue Code of 1986 shall be applied and
administered as if such provisions and amendments had never been
enacted.
SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES.
Section 1302(c)(2) of the Patient Protection and Affordable Care
Act (Public Law 111-148) is repealed.
SEC. 103. INCREASING CHOICES FOR AMERICANS.
(a) Qualified Health Plan Coverage Satisfied by High Deductible
Health Plan With Health Savings Account.--Section 1302(e) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is
amended to read as follows:
``(e) High Deductible Health Plan With Health Savings Account.--A
health plan not providing a bronze, silver, gold, or platinum level of
coverage shall be treated as meeting the requirements of subsection (d)
with respect to any plan year for any enrollee if the plan meets the
requirements for a high deductible health plan under section 223(c)(2)
of the Internal Revenue Code of 1986 and such enrollee has established
a health savings account (as defined in section 223(d)(1) of such Code)
in relation to such plan.''.
(b) Conforming Amendments.--
(1) Subparagraph (C) of section 1312(d)(3) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is
amended by striking ``, except'' and all that follows through
``1302(e)(2)''.
(2) Subparagraph (A) of section 36B(c)(3) of the Internal
Revenue Code of 1986, as added by section 1401(a) of the
Patient Protection and Affordable Care Act (Public Law 111-
148), is amended by striking ``, except'' and all that follows
through ``such Act''.
(3) Subparagraph (B) of section 1334(c)(1) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is
amended by striking ``and catastrophic coverage''.
SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS.
Section 9010 of the Patient Protection and Affordable Care Act
(Public Law 111-148), as amended by section 10905 of such Act, is
repealed.
SEC. 105. ENSURING AFFORDABLE COVERAGE.
Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42
U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended by
striking ``, except'' and all that follows through ``2707(c))''.
TITLE II--INCREASING CONSUMER CONTROL
SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES.
Section 9003 of the Patient Protection and Affordable Care Act
(Public Law 111-148) and the amendments made by such section are
repealed and the Internal Revenue Code of 1986 shall be applied as if
such section and amendments had never been enacted.
SEC. 202. REPEAL OF THE ANNUAL CAP.
Sections 9005 and 10902 of the Patient Protection and Affordable
Care Act (Public Law 111-148) and section 1403 of the Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152) and the
amendments made by such sections are repealed and the Internal Revenue
Code of 1986 shall be applied as if such sections and amendments had
never been enacted.
TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE
SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY
LIKE IT.
(a) In General.--Section 1251(a)(2) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18011) is amended--
(1) by striking ``Except as provided in paragraph (3),''
and inserting the following:
``(A) In general.--Except as provided in paragraphs
(3) and (4),''; and
(2) by adding at the end the following:
``(B) Protecting employers and consumers with
grandfathered coverage.--
``(i) In general.--A group health plan or
health insurance coverage in which an
individual is enrolled on or after March 23,
2010, but before any plan year beginning not
later than 1 year after the date of the
enactment of this subparagraph, and which is
deemed to be a grandfathered health plan under
this section, shall continue to be considered a
grandfathered health plan with respect to such
individual regardless of any modification to
the cost-sharing levels, employer contribution
rates, or covered benefits under such plan or
coverage as otherwise permitted under this Act
(and the amendments made by this Act).
``(ii) Regulations.--The Secretary shall
promulgate regulations to clarify the
application of clause (i) to a plan or coverage
that continues to be a grandfathered health
plan pursuant to such clause.''.
(b) Effective Date; Previously Promulgated Regulations Voided.--
(1) Effective date.--The amendments made by this section
shall take effect as if included in the enactment of the
Patient Protection and Affordable Care Act.
(2) Previously promulgated regulations voided.--Any
regulations relating to section 1251(a)(2) of such Act
promulgated before the date of the enactment of this Act shall
have no force or effect. | Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage; and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees.
Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities.
Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account.
Amends the Public Health Service Act, as amended by PPACA, to repeal a provision that allows a premium rate variance by age in the individual or small group market.
Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin.
Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500.
Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promise for Antibiotics and
Therapeutics for Health Act'' or the ``PATH Act''.
SEC. 2. LIMITED POPULATION PATHWAY FOR ANTIBACTERIAL DRUGS.
Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356) is amended--
(1) by transferring subsection (e) so that it appears
before subsection (f); and
(2) by adding at the end the following:
``(g) Limited Population Pathway for Antibacterial Drugs.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary may, at the request of a sponsor,
approve an antibacterial drug, alone or in combination with one
or more drugs, as a limited population antibacterial drug, upon
a determination that such drug is intended to treat a serious
or life-threatening disease, condition, or infection and
address an unmet medical need for such disease, condition, or
infection within an identifiable limited population.
``(2) Limited population pathway.--
``(A) In general.--The sponsor of an antibacterial
drug that the Secretary determines to be eligible for
approval as a limited population antibacterial drug
shall be required to demonstrate the safety and
effectiveness of such drug, as required under section
505(d) or section 351(a) of the Public Health Service
Act, for the intended use of the drug. The Secretary
shall determine the safety and effectiveness of an
antibacterial drug under the limited population pathway
for antibacterial drugs in accordance with subparagraph
(B). An antibacterial drug shall be eligible for
approval under the limited population pathway only upon
the request of the sponsor.
``(B) Considerations.--
``(i) Benefit-risk profile.--The
Secretary's determination of safety and
effectiveness of a limited population
antibacterial drug shall reflect the benefit-
risk profile of the drug in the intended
limited population, taking into account the
severity, rarity, or prevalence of the
infection the drug is intended to treat and the
availability or lack of alternative treatment
for such infection. Approval of a drug under
the limited population antibacterial drug
pathway shall not be denied due to a lack of
evidence to fully establish a favorable
benefit-risk profile in a population that is
broader than the intended limited population.
``(ii) Types of evidence.--In determining
whether to approve a drug under the limited
population pathway, the Secretary--
``(I) shall rely on sufficient
evidence, which may include traditional
endpoints, alternate endpoints, or a
combination of traditional and
alternate endpoints, and, as
appropriate, small clinical data sets;
and
``(II) may rely on supplemental
data, including preclinical evidence,
pharmacologic or pathophysiologic
evidence, nonclinical susceptibility,
pharmacokinetic data, and other such
confirmatory evidence as the Secretary
determines appropriate.
``(3) Requirements.--With respect to a drug approved
through the limited population pathway, the Secretary shall
require--
``(A) the labeling of such antibacterial drug, such
as through a logo or other means, to indicate that the
drug has been approved for use only in a limited
population and that the safety and efficacy of the drug
has been demonstrated only with respect to such limited
population; and
``(B) the sponsor to submit copies of all
promotional materials related to the limited population
antibacterial drug, at least 30 days prior to
dissemination of the materials.
``(4) Other programs.--A sponsor of a drug that seeks
approval of a drug through the limited population pathway for
antibacterial drugs may also seek approval of such drug under
subsections (a), (b), and (c), and sections 505E and 524.
``(5) Guidance.--Not later than 18 months after the date of
enactment of the Promise for Antibiotics and Therapeutics for
Health Act, the Secretary shall issue draft guidance describing
criteria, processes, and other general considerations for
demonstrating the safety and effectiveness of limited
population antibacterial drugs and how the pathway can be
expanded to other therapeutic areas in addition to
antibacterial infections. The Secretary may approve
antibacterial drugs through such limited population pathway
prior to issuing guidance under this paragraph.
``(6) Postapproval monitoring programs for antibacterial
drugs.--The Secretary, in consultation with the Commissioner
and other relevant heads of agencies, shall conduct
postapproval monitoring programs to study how antibacterial
drugs approved through the pathway under this subsection are
used and to monitor changes in bacterial resistance to drugs,
including drugs approved under this pathway.
``(7) Advice.--The Secretary shall provide prompt advice to
the sponsor of a drug for which the sponsor seeks approval
through the limited population pathway for antibacterial drugs
to enable the sponsor to plan a development program to obtain
the necessary data for approval of such drug through the
limited population pathway for antibacterial drugs and to
conduct any additional studies that would be required to gain
approval of such drug for use in a broader population.
``(8) Termination of limitations.--If, after approval of a
drug through the limited population pathway for antibacterial
drugs, the Secretary approves a broader indication for such
drug for which the sponsor applies under section 505(b) or
section 351 of the Public Health Service Act, the Secretary may
remove any postmarketing conditions, including requirements
with respect to labeling and review of promotional materials
under paragraph (3) and postapproval monitoring under paragraph
(6), applicable to the approval of the drug through the limited
population pathway for antibacterial drugs.
``(9) Rules of construction.--
``(A) Standards of evidence and authority of
secretary.--Nothing in this subsection shall be
construed to alter the standards of evidence applicable
to the review and approval of a drug under this Act or
the Public Health Service Act, or to modify or limit
the authority of the Secretary to approve or monitor
drugs pursuant to this Act or the Public Health Service
Act as authorized prior to the date of enactment of the
Promise for Antibiotics and Therapeutics for Health
Act.
``(B) Prescribing authority.--Nothing in this
subsection shall be construed to restrict the
prescribing of antibiotics or other products, including
drugs approved under the limited population pathway, by
health care professionals, or to limit the practice of
health care.
``(10) Expansion of pathway.--Beginning on October 1, 2016,
the limited population pathway for antibiotic drugs may be
expanded to apply to approval of other drugs intended to treat
a serious or life-threatening illness. The approval of such
drugs shall be subject to the considerations and requirements
described in this subsection, unless the Secretary delivers a
report to Congress prior to that date explaining why such
pathway should not be used for other therapeutic areas in
addition to antibacterial infections.''. | Promise for Antibiotics and Therapeutics for Health Act or the PATH Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to establish a program to approve an antibacterial drug intended to treat a serious medical condition and address an unmet medical need within an identifiable limited population as a limited population antibacterial drug. Requires the sponsor of a drug eligible for approval as a limited population antibacterial drug to demonstrate the safety and effectiveness of the drug for its intended use. Requires an HHS determination of the safety and effectiveness of a limited population antibacterial drug to reflect the drug's benefit-risk profile in the intended limited population. Prohibits a lack of evidence of a favorable benefit-risk profile in a broader population from resulting in a denial of approval. Directs HHS to require: (1) the labeling of a limited population antibacterial drug to indicate that the drug has been approved for use only in a limited population, and (2) submission of promotional materials related to the drug prior to dissemination. Directs HHS to describe considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the limited population pathway can be expanded to other therapeutic areas. Requires HHS to conduct postapproval monitoring programs to study how antibacterial drugs approved through the limited population pathway are used and to monitor changes in bacterial drug resistance. Allows HHS to remove the labeling, marketing, and postapproval monitoring requirements of a limited population antibacterial drug if the drug is approved for broader use. Allows the limited population pathway to be expanded to other drugs intended to treat serious illness beginning October 1, 2016. | [
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TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION
SEC. 101. PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE
RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION.
The International Development Association Act (22 U.S.C. 284-284s)
is amended by adding at the end the following:
``SEC. 22. THIRTEENTH REPLENISHMENT.
``(a) Contribution Authority.--
``(1) In general.--The United States Governor of the
Association may contribute on behalf of the United States an
amount equal to the amount appropriated under subsection (b),
pursuant to the resolution of the Association entitled
`Additions to IDA Resources: Thirteenth Replenishment'.
``(2) Subject to appropriations.--Any commitment to make
the contribution authorized by paragraph (1) shall be effective
only to such extent or in such amounts as are provided in
advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.
SEC. 102. ADMINISTRATIVE PROVISIONS.
Title XV of the International Financial Institutions Act (22 U.S.C.
262o--262o-2) is amended by adding at the end the following:
``SEC. 1504. ADMINISTRATIVE PROVISIONS.
``(a) Achievement of Certain Policy Goals.--The Secretary of
Treasury should instruct the United States Executive Director at each
multilateral development institution to inform the institution of the
following United States policy goals, and to work toward achieving the
goals at the institution before June 30, 2005:
``(1) No later than 60 calendar days after the Board of
Directors of the institution approves the minutes of a Board
meeting, the institution shall post on its website an
electronic version of the minutes, with material deemed too
sensitive for public distribution redacted.
``(2) The institution shall keep a written transcript or
electronic recording of each meeting of its Board of Directors
and preserve the transcript or recording for at least 10 years
after the meeting.
``(3) All public sector loan documents, country assistance
strategies, sector strategies, and sector policies prepared by
the institution and presented for endorsement or approval by its Board
of Directors, with materials deemed too sensitive for public
distribution redacted or withheld, shall be made available to the
public 15 calendar days before consideration by the Board or, if not
then available, when the documents are distributed to the Board.
``(4) The institution shall post on its website an annual
report containing statistical summaries and case studies of the
fraud and corruption cases pursued by its investigations unit.
``(5) The institution shall require that any health,
education, or poverty-focused loan, credit, grant, document,
policy, or strategy prepared by the institution includes
specific outcome and output indicators to measure results, and
that the indicators and results be published periodically
during the execution, and at the completion, of the project or
program.
``(b) Publication of Written Statements Regarding Inspection
Mechanism Cases.--No later than 60 calendar days after a meeting of the
Board of Directors of a multilateral development institution, the
Secretary of the Treasury should provide for publication on the website
of the Department of the Treasury of any written statement presented at
the meeting by the United States Executive Director at the institution
concerning--
``(1) a project on which a claim has been made to the
inspection mechanism of the institution; or
``(2) a pending inspection mechanism case.
``(c) Congressional Briefings.--At the request of the Committee on
Financial Services of the House of Representatives or the Committee on
Foreign Relations of the Senate, the Secretary of the Treasury or the
designee of the Secretary should brief the requesting committee on the
steps that have been taken by the United States Executive Director at
any multilateral development institution, and by any such institution,
to implement the measures described in this section.
``(d) Publication of `No' Votes and Abstentions by the United
States.--Each month, the Secretary of the Treasury should provide for
posting on the website of the Department of the Treasury of a record of
all `no' votes and abstentions made by the United States Executive
Director at any multilateral development institution on any matter
before the Board of Directors of the institution.
``(e) Multilateral Development Institution Defined.--In this
section, the term `multilateral development institution' shall have the
meaning given in section 1701(c)(3).''.
TITLE II--ASIAN DEVELOPMENT FUND
SEC. 201. PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES
OF THE ASIAN DEVELOPMENT FUND.
The Asian Development Bank Act (22 U.S.C. 285-285aa) is amended by
adding at the end the following:
``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.
``(a) Contribution Authority.--
``(1) In general.--The United States Governor of the Bank
may contribute on behalf of the United States an amount equal
to the amount appropriated under subsection (b), pursuant to
the resolution of the Bank entitled `Seventh Replenishment of
the Asian Development Fund'.
``(2) Subject to appropriations.--Any commitment to make
the contribution authorized by paragraph (1) shall be effective
only to such extent or in such amounts as are provided in
advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.
TITLE III--AFRICAN DEVELOPMENT FUND
SEC. 301. PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF
THE AFRICAN DEVELOPMENT FUND.
The African Development Fund Act (22 U.S.C. 290g--290g-15) is
amended by adding at the end the following:
``SEC. 217. NINTH REPLENISHMENT.
``(a) Contribution Authority.--
``(1) In general.--The United States Governor of the Fund
may contribute on behalf of the United States an amount equal
to the amount appropriated under subsection (b), pursuant to
the resolution of the Fund entitled `The Ninth General
Replenishment of Resources of the African Development Fund'.
``(2) Subject to appropriations.--Any commitment to make
the contribution authorized by paragraph (1) shall be effective
only to such extent or in such amounts as are provided in
advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''. | Amends specified Federal laws to authorize appropriations for: (1) the U.S. contribution to the thirteenth replenishment of the International Development Association; (2) the U.S. contribution to the seventh replenishment of the Asian Development Fund; and (3) the U.S. contribution to the ninth replenishment of the African Development Fund.
Directs the Secretary of the Treasury to instruct the U.S. Executive Director at each multilateral development institution to inform such institution of specified U.S. policy goals (and to work toward achieving such goals at the institution before June 30, 2005). Requires each institution to: (1) post on its website an electronic version of Board of Directors meeting minutes within 60 days after any such meeting, with material deemed too sensitive for public distribution redacted; (2) keep a written transcript or electronic recording of each Board meeting and preserve it for at least ten years; (3) make available to the public 15 days before Board consideration (or if not then available, when the documents are distributed to the Board) all public sector loan documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for Board endorsement or approval; (4) post on its website an annual report of statistical summaries and case studies of fraud and corruption cases pursued by its investigations unit; and (5) require any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by it to include specific outcome and output indicators to measure results, and that such indicators and results be published periodically during execution, and at the completion, of the project or program. Urges the Secretary no later than 60 days after a meeting of the Board of a multilateral development institution to provide for publication on the Department of the Treasury's website of the institution's written statements regarding inspection mechanism claims and cases. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guidance, Understanding, and
Information for Dual Eligibles (GUIDE) Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Nearly 8,800,000 Americans were eligible for benefits
under the Medicare program and for medical assistance under
Medicaid (dual eligible beneficiaries) in fiscal year 2005. Of
these ``dual eligible beneficiaries'', almost 40 percent have
cognitive impairments, including Alzheimer's disease, dementia,
serious mental illnesses, and intellectual disabilities. Until
December 31, 2005, dual eligible beneficiaries received
outpatient prescription drug benefits through medical
assistance under Medicaid. On January 1, 2006, drug coverage
for dual eligibles switched from Medicaid to Medicare.
(2) In 2008, 53 percent of dual eligible beneficiaries had
medication access problems and of those, 27 percent experienced
significant adverse clinical events.
(3) Individuals with medication access issues experience
significantly more adverse clinical events. Among dual eligible
beneficiaries with mental illness who had medication access
problems, 27 percent experienced significant adverse clinical
events, which included emergency room visits and
hospitalizations.
(4) In total, over 1,000,000 dual eligible beneficiaries
and low-income subsidy beneficiaries were automatically auto-
enrolled to new benchmark prescription drug plans under part D
of the Medicare program between 2006 and 2007.
(5) Community providers are at the front line of helping
the most vulnerable dual eligible beneficiaries obtain
prescription drug coverage under the Medicare program and
navigate complex enrollment and low-income subsidy eligibility
requirements under such program.
(b) Purpose.--It is the purpose of this bill to help low-income
persons with cognitive impairments to enroll in and navigate the
prescription drug benefit under the Medicare program by providing front
line community providers who serve the population daily with financial
assistance to conduct vigorous education and outreach and direct case
management.
SEC. 3. MEDICARE PRESCRIPTION DRUG OUTREACH DEMONSTRATION PROGRAM FOR
DUAL ELIGIBLE BENEFICIARIES WITH MENTAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a 3-year
demonstration program (in this section referred to as ``the
demonstration program'') under which the Secretary awards grants and
contracts to appropriate, qualified community programs and clinics for
individuals with intellectual or developmental disabilities or such
programs that are described in subsection (b)(1) of section 1913 of the
Public Health Services Act, regardless of whether such program meets
the criteria described in subsection (c) of such section, to employ
qualified social workers and case managers to provide Medicare
prescription drug assistance described in subsection (c) to target
full-benefit dual eligible individuals. As a condition of receipt of a
grant or contract under this subsection, a program or clinic shall
collect and maintain data identified by the Centers for Medicare &
Medicaid Services as critical for the final evaluation and report to
Congress described in subsection (d).
(b) Target Full-Benefit Dual Eligible Individual Defined.--For
purposes of this section, the term ``target full-benefit dual eligible
individual'' means a part D eligible individual, as defined in section
1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-
101(a)(3)(A)), who is a full-benefit dual eligible individual (as
defined in section 1935(c)(6) of the Social Security Act (42 U.S.C.
1396u-5(c)(6))) with one or more mental disabilities, including mental
retardation, dementia, mental illnesses, Alzheimer's disease, autism,
or any other related condition that produces serious cognitive
impairments.
(c) Types of Assistance.--For purposes of subsection (a), the
Medicare prescription drug assistance described in this subsection is
one-on-one counseling with respect to one or more of the following
areas of assistance:
(1) Assistance with initial enrollment in a prescription
drug plan under part D of title XVIII of the Social Security
Act or in an MA-PD plan under part C of such title.
(2) Assistance with switching from one such prescription
drug plan or MA-PD plan to another such prescription drug plan
or MA-PD plan.
(3) Assistance with filing for an exception to a formulary
used by such a plan.
(4) Assistance with filing a grievance, reconsideration, or
appeal under section 1860D-4 of the Social Security Act (42
U.S.C. 1395w-104), including assistance with collecting
relevant information to file such a grievance, reconsideration,
or appeal.
(5) Assistance with navigating utilization management
programs administered by a PDP sponsor offering a prescription
drug plan under part D of title XVIII of the Social Security
Act or a Medicare Advantage organization offering an MA-PD plan
under part C of such title.
(6) Assistance with obtaining prescription drugs from
pharmacies participating with such a plan.
(7) Assistance with facilitating contact with the Medicare
Beneficiary Ombudsman appointed under section 1808(c) of the
Social Security Act (42 U.S.C. 1395b-9).
(d) Evaluation and Report.--
(1) Evaluation.--The Secretary shall provide for an
evaluation of the demonstration program. Such evaluation may
include an analysis of--
(A) the utilization of the assistance provided
under the program;
(B) the satisfaction of target full-benefit dual
eligible individuals with such assistance; and
(C) the success of the program in--
(i) facilitating access by such individuals
to covered part D drugs (as defined in section
1860D-2(e) of the Social Security Act (42
U.S.C. 1395w-102(e)); and
(ii) medication compliance.
(2) Report.--Not later than 6 months after the date of the
completion of the demonstration program, the Secretary shall
submit to Congress a report on such evaluation and shall
include in such report recommendations regarding the
feasibility of permanently funding an education and outreach
program on the prescription drug benefit under the Medicare
program for target full-benefit dual eligible individuals.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for each of the fiscal years 2011 through 2013--
(1) to carry out this section (other than subsection (d)),
$10,000,000; and
(2) such sums as may be necessary to carry out subsection
(d). | Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act - Directs the Secretary of Health and Human Services to establish a three-year demonstration program under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities, or certain programs under the Public Health Services Act, to employ qualified social workers and case managers to provide one-on-one counseling about benefits under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to a full-benefit dual eligible individual (eligible for benefits under both Medicare and SSA title XIX [Medicaid]) who has one or more mental disabilities. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biotechnology Future Investment
Expansion Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) American bioscience research corporations conduct long-
term research and development on breakthrough medical
technologies. This commercial bioscience research industry
forms an irreplaceable link between pure scientific discovery
and the development of powerful biomedical products and
technologies. It is critical to the maintenance of American
competitiveness internationally that these long-term research
and development projects be encouraged.
(2) Such long-term research projects have the greatest
potential to revolutionize whole fields of science and industry
for the benefit of the standard of living of Americans; and to
yield solutions for critical social needs, even though these
solutions might not result in large sales and profits (such as
``orphan'' drugs and other treatments alleviating great
suffering in their recipients).
(3) Long-term biomedical research companies are among the
most research-intensive and capital-intensive companies in the
world.
(4) In addition to the scientific and technical risks
attending their long-term research programs, many biomedical
research companies must subject their technologies to lengthy
and expensive regulatory reviews before they are permitted
access to the marketplace.
(5) Biomedical research companies typically operate in
financially challenging circumstances. These companies must
engage in intensive research activity for many years in order
to develop their products and earn profits. Many are small
businesses lacking the internal cash flow, stability and
borrowing capacity of large corporations.
(6) The long-term commercial bioscience research industry
is heavily dependent on outside sources of equity capital to
fund lengthy and intensive research prior to earning any
revenues. The industry's long lead times and high levels of
scientific and regulatory risk often impede access to capital.
(7) The longstanding national policy of Government support
and tax incentives for breakthrough commercial research
reflects a recognition that the capital marketplace tends to
allocate insufficient resources to sustain the Nation's need
for such foundational scientific research and development.
(8) American long-term bioscience research companies
constitute one of the core commercial sectors which Congress
intended to benefit from existing tax incentives for commercial
research.
(9) However, the current Federal income tax incentives are
simply not working in the case of many bioscience companies
focused on breakthrough medical technologies.
(10) Current Federal income tax incentives do not work as
intended for most high technology bioscience companies because
they typically incur net operating losses for a decade or more
during their lengthy research and development phases and
therefore receive no contemporaneous benefit from these tax
incentives.
(11) Further, Federal tax rules aimed chiefly at preventing
corporate loss trafficking and tax-motivated mergers and
acquisitions penalize these companies. The very process of
raising successive increments of private capital through
routine equity financings triggers these rules and subjects
biomedical research companies to severe limitations on net
operating loss and tax credit carryforwards. These limitations
practically eliminate for the commercial bioscience industry
any economic benefit from these tax incentives.
(12) These tax incentives instead tend to favor investment
by large, profitable companies, often engaged in secondary or
tertiary research activities, and thus to discriminate against
and to cause under-investment in longer-term breakthrough technologies,
a bias which is harmful to American competitiveness.
(13) The inability to benefit from existing Federal income
tax incentives for commercial research places long-term
bioscience research companies at a substantial disadvantage in
the capital marketplace where they must compete with other
companies able to use these tax incentives currently.
(14) A tax system that does not discriminate would ensure
that existing tax incentives in favor of research and
experimentation have the same cost-reducing impact on companies
conducting both short-term and long-term research and thus
render this tax incentive program neutral with regard to short-
term and long-term research objectives, minimizing capital
marketplace distortions caused by differences in tax and income
status.
(b) Purpose.--The purpose of this Act is to provide that long-term
biomedical research corporations will not incur limitations on
research-related tax incentive carryforwards simply because they engage
in the routine equity financings that are the financial lifeblood of
the industry.
SEC. 3. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH
AND CLINICAL TRIALS.
(a) In General.--Subsection (l) of section 382 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Certain financing transactions of biomedical research
corporations.--
``(A) General rule.--In the case of a biomedical
research corporation, any owner shift involving a 5-
percent shareholder which occurs as the result of a
qualified investment during the testing period shall be
treated for purposes of this section (other than this
paragraph) as occurring before the testing period.
``(B) Biomedical research corporation.--For
purposes of this paragraph, the term `biomedical
research corporation' means, with respect to any
qualified investment, any domestic corporation subject
to tax under this subchapter which is not in bankruptcy
and which, as of the time of the closing on such
investment--
``(i) holds the rights to a drug or
biologic for which an investigational new drug
application is in effect under section 505 of
the Federal Food, Drug, and Cosmetic Act, and
``(ii) certifies that, as of the time of
such closing, the drug or biologic is under
study in phase II or phase III of a clinical
investigation carried out under such section.
``(C) Qualified investment.--For purposes of this
paragraph, the term `qualified investment' means any
acquisition of stock in a biomedical research
corporation if such stock is acquired at its original
issue (directly or through an underwriter), solely in
exchange for cash, and the closing thereon occurs after
the date of the enactment of this paragraph.
``(D) Stock issued in exchange for convertible
debt.--For purposes of this paragraph, stock issued by
a biomedical research corporation in exchange for its
convertible debt (or stock deemed under this section to
be so issued) shall be treated as stock acquired by the
debt holder at its original issue and solely in
exchange for cash if the debt holder previously
acquired the convertible debt at its original issue and
solely in exchange for cash. In the case of an
acquisition of stock in exchange for convertible debt,
the requirements of this paragraph shall be applied
separately as of the time of closing on the investment
in convertible debt, and as of the time of actual
conversion (or deemed conversion under this section) of
the convertible debt for stock, except that the
requirements of subparagraph (H) shall be applied only
as of the time of closing on the issuance of the
convertible debt.
``(E) Biomedical research corporation must meet 5-
year expenditure test with respect to any qualified
investment.--
``(i) In general.--This paragraph shall not
apply to a qualified investment in a biomedical
research corporation unless such corporation
meets the expenditure test for each year of the
measuring period.
``(ii) Measuring period.--For purposes of
this subparagraph, the term `measuring period'
means, with respect to any qualified
investment, the taxable year of the biomedical
research corporation in which the closing on
the investment occurs, the 2 preceding taxable
years, and the 2 subsequent taxable years.
``(iii) Clinical testing.--For purposes of
this subparagraph, the term `clinical testing'
means any human clinical testing which is
carried out under any investigational new drug
application in effect under section 505 of the
Federal Food, Drug, and Cosmetic Act.
``(F) Effect of corporate redemptions on qualified
investments.--Rules similar to the rules of section
1202(c)(3) shall apply to qualified investments under
this paragraph except that `stock acquired in a
qualified investment' shall be substituted for
`qualified small business stock' each place it appears
therein.
``(G) Effect of other transactions between
biomedical research corporations and investors making
qualified investments.--
``(i) In general.--If, during the 2-year
period beginning 1 year before any qualified
investment, the biomedical research corporation
engages in another transaction with a member of
its qualified investment group and such
biomedical research corporation receives any
consideration other than cash in such
transaction, there shall be a presumption that
stock received in the otherwise qualified
investment transaction was not received solely
in exchange for cash.
``(ii) Qualified investment group.--For
purposes of this subparagraph, the term
`qualified investment group' means, with
respect to any qualified investment, one or
more persons who receive stock issued in
exchange for the qualified investment, and any
person related to such persons within the
meaning of section 267(b) or section 707(b).
``(iii) Regulations.--The Secretary shall
promulgate regulations exempting from this
subparagraph transactions which are customary
in the bioscience research industry and are of
minor value relative to the amount of the
qualified investment.
``(H) Proceeds of qualified investments shall be
devoted to research on preexisting technology.--
``(i) In general.--This paragraph shall not
apply to any qualified investment unless the
net proceeds of such qualified investment do
not exceed the excess of--
``(I) the sum of the biomedical
research corporation's aggregate
qualifying clinical expenditures for
the 3 years following the qualified
investment, over
``(II) three times the
corporation's qualifying clinical
expenditures for the year preceding the
qualified investment, plus the amount
of the corporation's cash and cash
equivalents immediately before the
closing on the qualified investment.
``(ii) Qualifying clinical expenditures.--
For purposes of this subparagraph, the term
`qualifying clinical expenditures' means
amounts described in section 41(b) which are
paid or incurred by a biomedical research
corporation for clinical testing in connection
with a drug or biologic for which an
investigational new drug application is in
effect under section 505 of the Federal Food,
Drug, and Cosmetic Act and which is (at the
time of the closing on the qualified
investment) under study in phase II or phase
III of a clinical investigation carried out
under such section.
``(I) Regulations.--The Secretary may issue such
regulations as may be appropriate to achieve the
purposes of this paragraph, to prevent abuse, and to
provide for treatment of biomedical research
corporations under sections 383 and 384 that is
consistent with the purposes of this paragraph.''.
(b) Proceeds of Equity Investments To Be Treated as Working
Capital.--Subparagraph (C) of section 382(l)(4) of such Code is amended
by adding at the end the following: ``Such term shall not include any
assets reasonably expected to be used within 3 years to fund qualifying
clinical expenditures (as defined in paragraph (9)(H)(ii) without
regard to the parenthetical therein).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Biotechnology Future Investment Expansion Act of 2003 - Amends the Internal Revenue Code to provide that in the case of a biomedical research corporation, any owner shift involving a five-percent shareholder which occurs as the result of a qualified investment during the testing period shall be treated as occurring before the testing period. (Thus not counting toward net operating loss and tax credit carryover limitations.)
Defines: (1) "biomedical research corporation" as a domestic corporation not in bankruptcy which has a drug or biologic in certain clinical trials; and (2) "qualified investment" as a stock acquisition in a biomedical research corporation acquired in cash at its original issue.
Requires a biomedical research corporation to meet a five-year expenditure test with respect to any qualified investment. | [
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